HomeMy WebLinkAboutMemo to City Council 07-27-04
MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling
Department of Community Services
SUBJECT: Items forwarded by the Plan Commission for action by the City Council-
DATE:
Please find information on the following favorable recommendation made by the Plan
Commission attached. These items will appear on your August 2, 2004 agenda.
Ordinance No. Z-453-04 (Docket No. 150-02b OA) Patch IV - Ordinance Amendment
Petition to Amend several Chapters of the Carmel Zoning Ordinance. The purpose of this
amendment is mainly to clarify existing language, and to re-organize sections to make the
ordinance more orderly, consistent and user-friendly. However, some sections include new
language and/or new requirements.
Some of the more substantive changes include the following:
)> Adds DP and/or ADLS requirement to R-5, B-5; B-6, B-8, M-l, M-3 and OM
Districts.
)> Allows Retail uses in the Historic Range Line Road Sub-Area of the Old Town
Overlay.
)> Changes Chapter 24 into the Development Plan (DP) and Architectural Design,
Exterior Lighting, Landscaping and Signage (ADLS) Requirements.
)> Expands the scope of the Board of Zoning Appeals Hearing Officer process.
The information on these items has been arranged in the following format:
1. Copy of the Ordinance - Color-coded in an attempt to differentiate between the
various types of amendments proposed.
2. Copy of Plan Commission Certification
If you have any questions please give me a call at 571-2417.
Council Report 2004-0723
CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S
RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE CARMEL/CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-453-04
An Ordinance to Amend most chapters of the Zoning Ordinance in order to add new provisions and
make several corrective amendments.
To: The Honorable Common Council
Of the City of Carmel .
Hamilton County, Indiana
Dear Members:
The Carmel Advisory Plan Commission offers you the following report on the application to the
Commission (Docket No. 150-02b OA) to Amend Chapters 1: Title, Purpose, Authority and
Jurisdiction; 2: Compliance with the Regulations; 3: Definitions; 4: Districts & Boundaries; 5: S-
l/Residence District; 10: R-4/Residence District; 11: R-5/Residence District; 12: B-l/Business District;
13: B-2lBusiness District; 14: B-3/Business District; 15: B-4lBusiness District; 16: B-5/Business District;
17: B-6/Business District; 18: B-7/Business District; 19: B-8/Business District; 20A: I-I Industrial
District; 20B: M-l/Manufacturing District; 20C: M-2/Manufacturing District; 20D: M-3/Manufacturing;
20E: C-IICity Center; 20F: C-2/0Id Town; 20G: OL Old Meridian District; 23A: SR 431/Keystone
Avenue Overlay; 23B: US 31/Meridian Street Overlay; 23C: US 42IlMichigan Road Overlay; 23D: Old
Town Overlay; 23E: Home Place Overlay; 24: Planned District Regulations; 25: Additional Use
Regulations; 25.07: Sign Ordinance, 26: Additional Height, Yard & Lot Area Regulations; 27: Parking &
Loading; 28: Nonconforming Uses & Exemptions; 29: Administration; and 30: Board of Zoning Appeals
of the Zoning Ordinance in order to add new provisions and make several corrective amendments.
The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on July 20, 2004, the Commission voted seven (7) in Favor, zero (0) Opposed, zero
(0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-453-04 with a
Favorable Recommendation.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36-7-4-
607(e)(3), the Council has ninety (90) days to act on this petition before it becomes effective as Certified
by the Commission. Ninety days from the date of the original Certification (July 21,2004) is Tuesday,
October 19, 2004.
~71~L
mona ;Hancock, Secretary
. Carmel Advisory Plan Commission
Dated: July 21,2004
C~SION
BY. ..f L/
:teo Dierckman, Presiden
Received
JUl 2 1 20J4
2004-0721; Z-453-o4; Patch IV Certification
Carmel
Clerk- Treasurer
COLOR KEY
GREEN- Minor changes in language, clarification
BLUE- Organizational changes, chapter consistency, duplication
RED- New Language/Requirements
Sponsor: Councilor Mark Rattermann
ORDINANCE NO. Z-453-04
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 wishes to adopt application and review procedures for, and
expand districts requiring Development Plan and/or Architectural Design, Exterior
Lighting, Landscaping and Signage Review.
WHEREAS, the City wishes to allow retail uses in certain portions of Old Town.
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. 0-1600-02, 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 a favorable recommendation from the Carmel Advisory Plan
Commission on Tuesday, July 20, 2004, it hereby adopts this Ordinance to amend the
Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows:
Ordinance No. Z-453-04
1
Section I:
CHAPTER 1: TITLE, PURPOSE, AUTHORITY & JURISDICTION
a. Amend Sectio!7 1.01: Title. to read:
1.01 Title.
This ordinance shall be referred to. and cited as. the Zoning Ordinance. Ordinance No. b-
-l-W Z-289. as amended. of the City of Carmel and Clay Township. Hamilton County.
Indiana.
b. Amend Section IJJ2: Purpose ({nd Intent to read:
1.02 Purpose and Intent.
The Zoning Ordinance is an ordinance for the development. through zoning. of the
territory within the Jurisdiction of the Cannel Cit:: Plan Commission. In interpreting and
applying the provisions of this ordinance. they shall be held to be the minimum
requirements for the promotion of the public health. safety. comfort. morals. convenience
and general welfare. The Commission has given consideration to the future probable use
of land in the ten'itory affected by this ordinance. and has prepared a Comprehensive Plan
showing the future development of this area which has served as a guide in the
preparation of this ordinance.
C. Amend Section 1.0-/: .Jurisdiction to read:
1.04 Jurisdiction.
WHEREAS. the Town Plan Commission of the Town of Carmel. Indiana. under the date
of January 28. 1960. considered a petition requesting joinder. forwarded by the Clay
Township Trustee and the Clay Township Advisory Board. and being favorable to the
petition. the Town Plan Commission recommended joinder to the Town of Carmel. and
the Town Board of Trustees subsequently passed a resolution sening forth the terms of
the joinder. one copy of which was filed with the County Recorder of Hamilton County.
Indiana. all in accordance with Chapter 46. Acts of 1959. General Assembly. State of
Indiana. FUl1her. said joinder is transferred to the City of Carmel. establ ished January I.
1976, and
WH EREAS, the executive committee of the City Plan Commission of the City of
Carmel, Indiana, having been duly authorized and acting in the name of said
Commission on December 19,2003, authorized the filing, with the County Recorder
of Hamilton County, Indiana, of a description or map defining the limits of the area
under its jurisdiction, which description or map included both the incorporated
area of the City of Carmel, Indiana, and the unincorporated area of Clay Township,
Hamilton COUllty, Indiana, which description or map was filed with the County
Recorder on December 31,2003, all in accordance with Indiana Code Section 36-7-
4-205;
NOW, Therefore. the area of jurisdiction shall be the incorporated area of the City of
Carmel. Indiana. and the unincorporated area of Clay Township. Hamilton County.
Indiana.
Ordinance No. Z-453-04
2
CHAPTER 2: COMPLIANCE WITH THE REGULATIONS
d. Amend Sectio/l 2.01: Building alld Lowl Use to read:
2.01 Building and Land Use.
No Building or land shall be used and no Building shall be erected. reconstructed or
structurally altered which is arranged. intended. or designed to be used for any purpose
\lther than a Use which is permined and specified in a District in which such Building or
land is located without first having had an appropriate Use Vari.mce appro\'ed b~'
the Board.
e. Amend Sectio/l 2.02: Height to read:
2.02 Height.
No Building shall be erected. reconstructed or structurally altered to exceed the limits of
height established and specilied for the Use and the District in which such Building is
located prior to having had the appropriate Development Standards V arian~e
approwd by the Board.
1'. Amend Sectio/l 2.03: Yard. Lot Area, a/ld She (~lBuildi/lg to read:
2.03 Yard. Lot Area. and Size of Building.
No Building shall be erected. reconstructed or structurally altered in any manner which
will encroach upon. or reduce in any manner. the Yards. Lot Area per Dwelling Unit.
Ground Floor Area of residential Building. or Lot Coverage regulations. established and
specilied for the Use and the District in which such ~uilding is located prior to having
had the appropriate Dewlopment Standards Variance(s) approved by the Board.
g. Amend Sectio/l 2.04: Lots to read:
2.04 Lots.
In no case shall there be more than one (I) Principal Building used for residential
purposes. and its Accessory Buildings. located on one ( I) Lot. Every Building hereafter
erected shall be located on a planed Lot or on an unplatted Lot or tract as approved by the
Director. which abuts upon and has adequate frontage on a publicly dedicated Street and
has adequate storm water drainage: unless the appropriate Development Standards
Variance(s) has been approwd by the Board and/or the appropriate Subdivision
Waiver(s) has been approwd by the Commission.
h. Amend Sectio/l 2.07: Mobile Homes to read:
2.07 Mobile Homes.
All inhabited Mobile Homes shall be located in a Mobile Horne €BtIft Park that has
received Special Use approval. No inhabited Mobile Home. outside an approved Mobile
Home €BtIft Park. shall be connected to utilities except those l'vlobile Homes being
offered for sale. Mobile Homes used for all other purposes shall be placed in accordance
with the regulation of this Ordinance.
3
1. Amend Sectiol/ 2.10: Subdivisio!1 llLwu! to read:
2.10 Subdivision of Land.
The Subdivision of land may occur in accordance with the Suhdi,'ision Control
Ordinance in all zoning districts established in Section .:f.OI.
CHAPTER 3: DEFINITIONS
J. Amend Section 3.05 to read:
3.05 Words not defined herein but de1ined in the GamleI Subdivision Control Ordinance shall
be interpreted in accordance with the Subdivision Control Ordinance definition.
k. Amend Sectio!1 3.06 to read:
3.06 Words and terms not defined herein or in the GamleI Subdivision Control Ordinance
shall be interpreted in accord with their normal dictionary meaning and customary usage.
1. Amend the following definitions in Section 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 (1) 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 & BOUNDARIES
m. Amend Section 4.01: Zoning Districts Established to read:
4.01 Zoning Districts Established.
The City of Carmel and its jurisdictional area IS hereby divided into the following
districts:
Primary Zoning Districts:
S- I Residence District
S-2 Residence District
R-I Residence District
R-2 Residence District
R-3 Residence District
R-4 Residence District
R-5 Residence District f-J!lilfmed-I}ist-tWt-J
B-1 Business District
4
r-- --
r
,
K'"
B-2 Business District
B-3 Business District
U-I-UusiRess--I}istfl€t-fP-lanRcd Di~;trjet)
13-5 Business District
13-0 Business District
13-7 Business District
B-X Business District
C-I City Center District
C-2 Old Town District
OM Old Meridian District
I-I Industrial District
11.1-1 Manufacturing District
M 2 l\1l1nufllcturing Distrkt
11.1-3 Manufacturing District (PllInncd District)
P-I Park and Recreation District
AG-I Agriculture District
Planned Unit Development District
Secondary Zonin!2 Districts:
FP Flood Plain District
FW Floodway District
FF Floodway Fringe District
State Highway 431 - Keystone A venue Corridor Overlay Zone
U.S. Highway 31 - Meridian Street Corridor Overlay Zone
U.S. Highway 42] - Michigan Road Corridor Overlay Zone
Old Town District Overlay Zone
Home Place District Overlay Zone
n. Amend Section 4.02: Official Zoning Map to read:
4.02 Official Zoning Map.
Territory within the Jurisdiction of the f1.l.aH Commission of the City of Carmel. Indiani:l.
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 Map shall be identitied by the signature of the Mayor and the C1erk-
Treasurer under the words "Official Zoning Map:' together with the date of the adoption
of this Ordinance.
Regardless of the existence of purported copies of the Official Zoning Map which may.
from time to time. be made or published. the Ofticial Zoning Map shall be located in the
office of the Clerk-Treasurer and shall be the final authority as to the current zoning
status of land and water areas. buildings and other structures within the Jurisdiction of the
Carmel/Clay Plan Commission.
o. Amend Section 4.04: O./jicial Zoning Map Replacement to read:
4.04 Official Zoning Map Replacement.
In the event that the Official Zoning Map becomes damaged. lost. or difficult to interpret
because of the number of changes and additions. the Git-y Coul1l:il may by resolution
adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.
The new Official Zoning Map may correct drafting or other errors or omissions in the
prior map. but no such correction shall have the effect of amending the original Official
Zoning M<Jp or any subsequent amendment thereof.
5
l:-
i
CHAPTER 5: S-l/RESIDENCE DISTRICT
p. Amend Section 5.01.01: Minimum Area Requirements to read:
S.Ot Permitted Uses:
See ,\rjll'lIIlix ,\: ScI:cdll/c (If" Uses.
5.01.01 .n uirement;: See Appendix A: Schedule I~r Uses.
U~;e, Locatitm MHti-mum-A-Fea E(IUivalent Density (]\'laximum)
~
Re:;idential :;ubdi';i:;ion. located 0.77 acres. times number of lot~; In 1.3 lot:;. ti me:; number of aere:; In
we:;t of Spring Mill R 0 at:l-----afltl stffiJ~ ~;ubdivision
north of 111"'~
Re:~idential :;ubdivi:;ion. located 1.00 acre:;. time:; number of lot:; In 1.0 lot:;. time:; number lif acre:; In
we:;t of Spring Mill Roud. north of :;ubdivi:;ion ~;ubdi\'i:;ion
++€JI" Street and :; 0 Htfl-.-tti=--+4+ '"
Street
Residentiul :;ubdi';i:;ion. located 0.77 acre:;, time:; number of lots In U lots, times number of acres in
v.e:;t of Spring Mt/.!-Road und s-Hbdi\'i;;ion ~;ubdivi:;ion
:;outh of I 16"\~
Re;;identiHI :;ubdivi:;ion. locuted 0.35 uere:;. time:; number of lots In 2.1\ lot:;. time:; number of ueres In
eust of Sprin::: Mill Road :;ubdi\'i:;ion :;ubdivi:;ion
This :;ection does not affect the hei;;ht and areH requirements for individual lot:; that ure contained
in Scc:ioll 5.0f of the Zonin;; Ordinunce.
q. Amend Section 5.04.03: Minill/ulI/ Lot Standards; ~B: Minimum Side Yard; .~91:
Singlejamily Home to read:
5.04.03 Minimum Lot Standards:
B. Minimum Side Yard:
I. Single-family M-me Dwelling: Ten (10) feet:
r. Amend Section 5.04.03: Minimum Lot Standards: ~C: Minimum Aggregate (~r
Side Yard; .~.91: Single~rwnily Home to read:
5.04.03 Minimum Lot Standards:
C. Minimum Aggregate of Side Yard:
I. Single-family 00me Dwelling: Thirty (30) feet:
S. Amend Section 5.04.03: Minimum Lot Standards; *D: Minimum Rear Yard: **1:
Singlejwnily Home to read:
5.04.03 Minimull1 Lot Standards:
D. 1'\'1inill1ull1 Rear Yard:
I. Single-family M-me Dwelling: Twenty (20) feet:
6
r---
..
--- ----
t. Amend Section 5.04.03: MinimulI/ Lot Stal1dards: E: MinimulI/ Lot Width: 1:
SingleJamily Home to read:
5.0.t()3 Minimum Lot Standards:
E. Minimum Lot Width:
1. Single-family 00tBe Dwelling: One hundred twenty ( 12()) feet:
CHAPTER 10: R-4/RESIDENCE DISTRICT
u. Amend SectioI110.02.01: Minimum Area Requirell/ents to read:
10.02.0) Minimum Area Requirements:
Mobile Home €Bufl Park
Minimum Area
(Acres)
Fifteen (IS)
Use
Also. same as S-I District regulations of Section 5.02.fJ!.
v. Amend Section 10.03.02 to read:
1O.03.02Swimminl! Pool. See Section 2S.0J.Ol(C)(8). ,A. private swimming pool may be
permitted as an ,\ccessory 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 liRe. F'ef
purposes for safety, the follo,/,'ing shall apply:
+. walls or fenciRg deemed to be impenetrable' by the enforciRg authority, that is
not less than five (5) feet high completely surrouRding the swimming pool and
the deck area with exception of self closing and latching gates aRd 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 surrounding the
pool and deck area when the pool is not used; and
~. a combination of subdh'isions (1) through (2) that completely surrounds the pool
and deck with the exception of self closing and latching gates and doors which
are capable of being locked; and
4. in cORjunction '.'lith (1), (2); or (3) a safety pool cover may be used provided
tHat:
a. there is a continuous connection bet'Neen 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;
e. it is capable of supporting a four hundred pound imposed load upon a
completely drawn cover;
a. it is installed viith a track, rollers, rails or guides; and
e. it bears an identification tag indicating the name of the manufacturer,
name of the installer, installation date, and applicable sufety standards,
tHmy.
7
W. Amend Sectio/l 10.04.02: Minilllulll Lot Size; D. to read:
IO.04.02Minimum Lot Size:
D. Lots with community water system and community sanitary sewer system: SOOO
square feet. :;ee Seerinn 9.0/.03.
CHAPTER 11: R-5/RESIDENCE DISTRICT
X. Amend the Title of Chapter II: R-5/Residence District (Planned District) to read:
CHAPTER II: R-S/RESIDENCE DISTRICT (PL\NNED DISTRICT)
y. Amend Sectio/l 1/.00.01: Purpose and Intent to read:
11.00.0 I Purpose and Intent.
The purpose of titi;.; the R-5 District is to provide for the encouragement of large scal,e.
diverse residential developments of good design with residential open space. and
maximum living amenities. Mixed residential structures. their supporting accessory
buildings and uses and limited cOIllIllercial uses are allowed with maximuIll layout
tlexibility permitted. Densities are variable within the district in order to assure
versatility of development. Application to the -P-kHt Commission is required for
Architectural Design, Exterior Lighting, Landscaping and Sign age (ADLS)
Preliminary Development Plan approval and Pffini Development Plan (DP) approval.
Z. Renumber Section 11.00.02: Minimum Tract Requirements to Section 11.00.03:
Minimum Tract Reqlliremems.
aa. Adopt Section 11.00.02: Plan Commission Approval to read:
11.00.02Plan 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) application 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 24.03: ArJhitectural Design, Exterior Lighting,
Landscaping and Signage.
ab. Adopt Section 11.00.99: Application Procedure to read:
11.00.99 Application Procedure.
A.
j
I
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).
8
....-..... -- - ---- -- - - - - -
ae. Amend Section 11.04.05: Creenbelt Bl~fler to read:
I] .04.05 Greenbelt Buffer. A greenbelt buffer shall be provided. and may take the following
forms:
A. A landscaped transitional area designed consistent with Section 26.04:
Perimeter Buffering Requirements the Plan COlllllli:;sion Guideline:; fftf
Lan(b:ape Buffering. or
B. Open space. design pursuant to the ClUJ/)fer 7 of the Subdivision Regulations.
ad. Repeal Section 11.05: Application Procedure:
~ ,^.pplication Procedure.
Procedures and requirements for Planned District approval are set forth in Chapter 2<1:
P!tlRned District Regulations.
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
uk. Repeal Chapter 15: B-4/Business District (Planned District) in its entirety.
CHAPTER 16: B-5/BUSINESS DISTRICT
al. Amend Section 16.00.02: Plan Commission Approval; *A: Development Plan to
read:
16.00.02 Plan Commission Approval.
A. Development Plan. Not reql:lired. The Commission shall review the
Development Plan (DP) of any proposed use of any Lot or parcel of ground
within the B-S District prior to the issuance of an Improvement Location
Permit by the Department. See Section 24.02: Development Plan.
am. Adopt Section 16.00.99: Application Procedure to r~ad:
16.00.99 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).
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:
16.03.02Swimming Pool. See also Section 25. OJ. 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:
+. walls 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 "'lith exception of self closing and latching gates and doors, both
capable of being locked;
2,. other means flot less than five (5) feet high and deemed impenetrable by the
enforcing authority at the time of construction and completely sl:lrrounding the
pool and deck area when the pool is not l:Ised; and
J. a combination of subdivisions (I) through (2) that completely surrounds the pool
and deck with the exception of self dosing and latching gates and doors which
are capable of being locked; and
10
4. in conjunction with (1), (2), or (3) a safety pool coyer may be used provided
that:
a. there is a continuous connection between the cover and the deck, so as
to prohibit access to the pool '.'ihen the cover is completely drawn over
the pool;
9. it is mechanicaIly operated by key or key and switch such that the cover
cannot be drawn upon or retracted '.vithout the use of a key;
e. it is capable of supporting a four hundred (100) pound imposed load
upon a completely dravin cover;
e. it is instaIled ','lith a track, rollers, rails or guides; and
e. it bears an identification tag indicating the name of the manufacturer,
name of the instaIler, instaIlation date, and applicable safety standards,
tHmy.
CHAPTER 17: B-6/BUSINESS DISTRICT
ap. Amend Section 17.00.02:Plan Commission Approval; *A: Development Plan to
read:
17.00.02 Plan Commission Approval.
A. Development Plan. Not reql:lired. 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. Amend Section 18.06.0 I: Landscaping Plan to read:
ISJl6 Landscapinl! Requirements.
IS.Oo.O I Landscaping Plan: A Landscaping Plan shall be submitted to the .J2I.a.R
Commission for its approval at the same time other plans (i.c.g.. architectural
design. lighting, parking and signage) are submitted. This plan shall be drawn to
scale. including dimensions and distances: shall delineate all existing and
proposed structures, private parking areas. walks, ramps for handicapped.
terraces. driveways. lighting standards. signs. steps and other similar structures:
and. shall delineate the location. size and description of all landscape material
and the method to be used for the w'atering or irrigation of all planting areas.
Landscape treatment for plazas, roads. paths. service and private parking areas
shall be designed as an integral and coordinate part of the Landscape Plan for
the entire lot.
av.
Amend Section 18.06.04
Instal/at ion to read:
Landscaping Installation and Maintenance: !$ 1:
IS.06 Landscapinl! Requirements.
IIt06.04 Landscaping Installation and Maintenance:
I. Installation: All required landscaping shall be installed prior to the
issuance of a Certificate of Occupancy by the Director Department
.'\dmini:;trator. If it is not possible to install the required landscaping
because of weather conditions. the property owner shall post a bond for
an amount equal to the total cost (11' the required landscaping prior to
the issuance of the Final Certificate of Occupancy.
aw. Amend Section 18.06.04: Landscaping Instal/ation and Maintenance;
!$3:Clwnges (ljter Approval to read:
18.06 Landscapinl! Requirements.
18.06.04 Landscaping: Installation and Maintenance:
3. Changes After Approval: No landscaping which has been approved by
the llkH1 Commission may later be altered. eliminated or sacriliced
without lirst obtaining further llkH1 Commission approval.
ax. Amend Section 18.07: Storage, Display and Rejilse to read:
I ~L07 Storage. Display and Refuse.
All storage. display and refuse shall be completely enclosed in a matH Principal or
Accessory Building.
ay. Repeal Section 18.08: Application Procedure.
+&Q& Application Procedure.
Ig.0g.01 Consultation '.'lith Director and Application. .^.pplicants shall meet with the
Director to review the zoniRg classification of their site, review the regulatory
ordiRances and materials, revie',',' the procedures and examine the proposed use
and de'ielopment of the property. The Director shall aid aAd adyise the
applicaAt in preparing his application aAd supporting documents as necessary.
The applicant shall submit two (2) copies of the ''''Titten application form, two
12
- --------
(2) copies of the proposed De'.'elopment Plan (DP) with its Landscaping Plan,
and all other necessary supporting documents and materials.
18.08.02Initial Review of the Application and Supporting Documents and Materials by
the Director; Submission to the Plan Commission. Following the receipt of the
written application, Development Plan (DP) with Landscaping Plan and
necessary supporting documents and materials by the Director, he shall then
revievl the materials solely for the purpose of determiniFlg 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 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 Plan
Commission approval as hereinafter set forth. 'Nithin thirty (30) days of the
formal acceptance of the application by the Director, he shall formally file the
application by placing it upon the agenda of the Commission, according to the
Plan Commission's Rules of Procedure. The applicant shall file for each Plan
Commission member a copy of the Development Plan and supporting
documents and/or materials.
18.08.03 Public Hearine by Plan Commission: Once the Director has accepted and filed
the application with the Commission, the Commission or its delegate 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 applicant shall be
responsible for the cost and publication of the required published legal
notification of the public hearing. The applicant shall also notify all interested
parties and property owners as required by the Rules of Procedure of the
CommissioFl. The conduct of the Public Hearing shall be in accordance '.vith the
Commission's Rules of Procedure.
CHAPTER 19: B-8/BUSINESS DISTRICT
az. Amend Section 19.00.02(A): Development Plan to read:
19.00.02Plan 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.8 District prior 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(B): 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 Exceptions.
13
be. Amend Section /9.03: Accessory Buildings and Uses to read:
19.(n Accessorv Buildinl!s and Uses. See also Sectioll 25.01.
Accessory Buildings and Uses customarily and purely incidental to the uses allowed in
this district are permitted contingent upon Pfa.H Commission approval (see Sectio1/
19.00.(3) and under the following conditions:
I. provided that the building materials and color are compatible with those of the
~ Principal Building.
bd. Amend Section /9.05: Parking and Loading Berth Requirements to read:
19.0S Parking and Loading Berth Requirements. (See Chapter 27: Additional Parking &
Loading Regulations for additional requirements.)
I 9.0S.0 I The parking requirements of Chapter 27: Additional Parking & Loading
Regulations notwithstanding, if the structure is located in an area where
common parking is available to the users of the facility. then parking can be
reduced by the amount of common parking spaces which can reasonably be
allocated to the facility. A Parking Plan showing roadways. entrances. exits and
common area parking in relation to all structures shall be tiled and approved by
the PI-aH Commission.
19.0S.02The loading requirements of Chapter 27: Additional Parking & Loading
Regulations notwithstanding. loading berths and trash collection areas shall be
permitted per the demand of the business establishments and shall be identified
on the Site Plan. A Loading Plan shall be filed and approved by the PI-aH
Commission. Trash collection areas shall be properly screened and enclosed.
be. Amend Section 19.06: Landscaping Requirements to read:
19.06 Landscaping Requirements.
Where a lot or parcel of ground used for business purposes in the 8-8 District abuts, or
adjoins across a street (adjoining across a limited access highway is excluded), a parcel
zoned or used for residential purposes. a greenbelt or lawn area with a minimum width of
thirty (30) feet shall be provided along the abutting or adjoining property line. A planting
screen. consisting of suitable shrubbery. shall be planted at the time of construction of. or
conversion to. a business activity and shall be maintained in order to provide effective
screening at all times during the year. The shrubbery may be planted informally or in
rows and shall screen parking areas, outside storage areas, loading berths, trash and
refuse containers and so forth from abutting and adjoining residential properties. Vision
clearance on corner lots and at the intersections of streets and driveways shall be
observed and maintained. No accessory buildings or uses may be erected or pursued
within the required greenbelt or lawn area with the exception of sidewalks. decorative or
protective items. other landscaping items and signage as permitted by the Carmel Clay
Town~;hip Sign Ordinance. Additional landscaping (such as street trees) may be required
by the P+itfl Commission in order to maintain area-wide uniformity. A Landscape Plan
shall be submitted concurrent with the Site Plan.
bf. Amend Section 19.08: Signs to read:
19.0X Signs.
All signs shall conform to the Garmel Clay Tow~ Sign Ordinance. Signs for each
proposed use shall be uniform in character as to color and architectural design as
approved by the P+itfl Commission. A Sign Plan shall be submitted concurrent with the
Site Plan.
14
-~ --
'"
bg. Amend Section 19.09: Emergency Access to read:
19.09 Emergency Access.
Adequate emergency access space shall be provided to the side and rear of all ~
Principal Buildings located within the district. All emergency access areas and facilities
shall be shown on the Site Plan and reviewed by the Carmel Chief of Police and Carmel
Fire Chief.
CHAPTER 20A: 1-1 INDUSTRIAL DISTRICT
bh. Adopt Section 20AOO.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 Section 20A02: Special Uses to Section 20A02: Special Uses
& Special Exceptions.
CHAPTER 20B: M-l/MANUFACTURING DISTRICT.
bj. Adopt Section 20B.00.02: Plan Commission Approval to read:
20B.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 M-I 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) application of any proposed use of any Lot or parcel of ground within
the M-I District 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
bI. Amend the title of Section 20B.02: Special Uses to Section 20B.02: Special Uses
& Special Exceptions.
bm. Amend Section 20B.07.02: Front Landscaped Yard to read:
208.07 Landscaping Requirements.
20B.07.02 Front Landscaped Yard: A Ii fteen-foot (15') landscaped and
maintained yard area. composed of trees not less than two and one-half inches
(2\12") dbhand spaced tifty feet (50') on center. shall be provided next to (an)
~~~~~.existing residence(s) or a platted residential subdi,vision unless otherwise
determineu by the Commi:;:;ioner Director or unless otherwise required by the
Board for Special Uses.
bn. Amend Section 20B.07.04: Landsmping Instal!ation and Maintenance: ~ 1:
Instal!otion to read:
20B.07 Landscaping Requirements.
208.07,04
I.
Landscapin~ Installation and Maintenance:
Installation. AI] required lanuscaping shall be installed prior to the
issuance of a Certificate of Occupancy by the Department
/\dmini:;trator Director. If it is not possible to install the required
landscaping because of weather conditions. the property owner shall
post a bond for an amount equal to the total cost of the required
landscaping prior to the issuance of the Final Certificate of Occupancy.
CHAPTER 20C: M-2/MANUFACTURING DISTRICT
boo Repeal Chapter 20C: M-2/Mal1l(j'actllring District in its entirety.
CHAPTER 20D: M-3/MANUFACTURING DISTRICT
bp. Amend the Title of Chapter 20D; M-3/M{//1l~j'acfllring District (Planned District)
to read:
CHAPTER 20D: M-3/MANUFACTURING PARK DISTRICT (PL\NNED DISTRICT)
bq. Amend S~c:ticJ1! 20D.00.Ol: PII1]Jose and Intent to read:
20D.oo,n I
Purpose and] nten!.
The~pmpose of the M-3 Manufacturing Park District is to create-and protect land areas
for the development of unified preplanned manufacturing and other compatible land uses
within a park- like selling. All activities associated with manufacturing. commercial.
warehousing. transportation. service. office and residential activities shall be conducted
\vithin completely enclosed buildings in such a manner that any nuisance factors are not
emitted outside ill the building, Solid visual screening of the outside activities including,
but not limited to. storage and trash collection areas shall be included. It shall be a
requirement of all preplanned manufacturing parks to be reviewed and approved by the
Carmel Plan Commission. A Development Plan shall address the comprehensive
arrangement of land uses. buildings. landscape areas. road and parking areas in
accordance with harmonious and aesthetic principles of architecture. design. sign and
16
....iiioIiiiiiiIiiililii-- -
industrial management. Land areas to be rezoned M-3 shall be served by public utilities
(sewer, water, ele.).
br. Adopt Section 20D.OO.02: Plan Commission Approval to read:
20D.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 M-3 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) 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 Design, Exterior Lighting,
Landscaping and Signage. .
bs. Adopt Section 20D.OO.99: Application Procedure to read:
20D.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).
bt.
bu.
read:
Amend the title of Section 20D.02: Special Uses to Section 20D.02: Special Uses
& Special Exceptions.
Amend Section 20D.07.04: Landscaping Installation and Maintenance; .<$1 to
20D,(l7 .04
I.
Landscapin!! Installation and Maintenance:
Installation. All required landscaping shall be installed prior to the issuance of a
Certificate of Occupancy by the Department Admini~;trutor Director. ]1' it is not
possible to install the required landscaping because of weather conditions, the
property owner shall post a bond for an amount equal to the total cost of the
required landscaping prior to the issuance of the Final Certificate of Occupancy.
by, Repeal Section 20D.10: Application Procedure:
~ .^.pplication Procedure.
Procedures and requirements for Planned District approval are set forth in ChElfJtc,~ 24:
PlaNed District Regulations.
17
CHAPTER 20E: C-l/CITY CENTER DISTRICT
bw. Amend See/ioll 20E.OO.03: Approval (~lDeveloplJ/ell/ Plall; .94 Lo read:
20E.OO.03: Approval of Development Plan.
4. A-public heaFffig-shall be held by t The Director shall hold a public hearing
before it decides deciding whether to approve or disapprove a DP. However. no
DP is required for additions to existing structures which:
a.
Are attached to the existing structure:
Continue the architectural design of the eXIstIng structure, including
exterior color and materials: doors and windows. other detailing:
Meet with requirements of the C-I District:
Do not exceed twenty percent (20%) of the original Gross Floor Area
of the existing structure. applicable from the date of this Section: and
Have received a prior ADLS approval from the f!ktH Commission.
.."=,==-,,=,,,~- b.
c.
d.
e.
bx. Amend Section 20E.OO.03: Approval (~lDeveloplJ/ent Plan; (7) to read:
20E.00.03: Approval of Development Plan.
7. Zonin2 WaiYer. The applicant may ~ apply for a Plan Commis:;ion
Zoning Waiver te of the dimensional and quantitative standards of the C-I
District by not greater than thirty-five percent (35%). consistent with
requirements set forth below:
a. The proposal shall be in harmony 'With the purposes and the land use
standards contained in this chapter:
b. The proposal shall enhance the overall Development Plan. the
adjoining streetscapes and neighborhoods. and the overall City Center
District.
c. The proposal shall not produce a site plan or street/circulation system
that would be impractical or detract from the appearance of the
Development Plan and the City Center District, and shall not adversely
affect emergency vehicle access or deprive adjoining properties of
adequate light and air.
d. The proposal exhibits extraordinary site design characteristics.
including. but not limited to: Increased landscape treatment, tree
preservation. public art, provisions for bicycles and/or mass transit.
reduced surface parking coupled with provisions for above or below
ground parking facilities.
In granting a waiver. the Commission may impose such conditions that
will. in its judgment. secure the purposes of this chapter. This
subsection does not affect the right of an applicant under Indiana law to
petition the Board for a variance from development standards. as
provided in IC 36-7-4-918.5 and this Zoning Code.
e.
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
bz. Amend See/ion 20F.00.03: Approval (~lDevelopll1enl Plan; (4) to read:
20F.O().m: Approval of Development Plan.
4. A---p~earin;; ~;hall be held by t The Director shall hold a public hearing
before it decide:; deciding whether to approve or disapprove a DP. However. no
DP is required for additions to existing structures which:
a. Are attached to the existing structure:
b. Continue the architectural design of the eXlstIllg structure. im:ludin!!
exterior color and materials: doors and windows. other detailing:
c. Meet with requirements of the C-I District:
d. Do not exceed twenty percent (20(fi;) of the original Gross Floor Area
of the existing structure. applicable from the date of this Section: and
e. Have received a prior ADLS approval from the J!I.a.n Commission.
ca. Amend See/ion 20FOO.03: Approval ofDeveloplllenl Plan; (7) to read:
20F.OO.03: Approval of Development Plan.
7. Zoning Waiver. The applicant may ~ apply for a Plan Commis:;ion
Zoning Waiver t-e of the dimensional and quantitative standards of the C-l
District by not greater than thirty-five percent (35%). consistent with
requirements set forth below:
a. The proposal shall be in harmony with the purposes and the land use
standards contained in this chapter:
b. The proposal shall enhance the overall Development Plan. the
adjoining streetscapes and neighborhoods. and the overall City Center
District.
c. The proposal shall not produce a site plan or street/circulation system
that would be impractical or detract from the appearance of the
Development Plan and the City Center District. and shall not adversely
affect emergency vehicle access or deprive adjoining properties of
adequate light and air.
d. The proposal exhibits extraordinary site design characteristics,
including. but not limited to: Increased landscape treatment. tree
preservation. public art. provisions for bicycles and/or mass transit,
reduced surface parking coupled with provisions for above or below
ground parking facilities.
e.- In granting a waiver. the Commission may impose such conditions that
will. in its judgment. secure the purposes of this chapter. This
subsection does not affect the right of an applicant under Indiana law to
petition the Board for a variance from development standards. as
provided in IC 36-7-4-918.5 and this Zoning Code.
cb. Amend the title of Section 20F02: Special Uses to Section 20F02: Special Uses
& Special Exceptions.
19
CHAPTER 20G: OM/OLD MERIDIAN DISTRICT
CC. Amend the numbering of Section 20G.Ol: Purpose, Intent & Authority to Section
20G.OO.Ol: Purpose, Intent & Authority.
cd. Adopt Section 20G.OO.02: Plan Commission Approval to read:
200.00.02 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP)
.9LilI1Y_PfOposed use of any Lot or parcel of ground~jlhin,the Old Meridian
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) 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 Signage.
ceo Adopt Section 20G.OO.99: Application Procedure to read:
200.00.99 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).
cf. Adopt Section 20G.Ol: unassigned.
eg. Amend Section 20G.05: Development Zones to read:
20G.OS Development Zones.
Seven (7) Eight (8) development zones are hereby established, each with its own
development standards. Only those uses detailed within each zone shall be permitted.
S(!cfioll~.\QLthrough 5JJ7 provide design standards for within each development zones.
ch. Amend Section 20G.05.01: Single Family Attached Zone; ~J: Signs to read:
_.------------
---~--~-
------ ..---- -~-_..__.-
J. Signs. No permanent exterior signs of any kind will be allowed except for house
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 read:
E. Sh:na2e Signs. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance.
(-l-) Allmvable sign types include Suspended signs, Projecting Signs, Porch Signs, or
Wall Signs.
(2) Permanent signage must folio-^, these sign area requirements:
(a) Suspended Signs: Twelve (12) square feet
(e) Projecting Signs: Twenty (20) square feet
20
(e) Porch Signs: Six (6) square feet
(fi) Wall Signs: Sixteen (16) square feet
(e) Ground Signs, or other freestanding signs are not permitted.
(J) 'Nail signs must fit within the horizontal and vertical elements of the building
and may not obscure details of the building. (Figure 23)
(4) No sign shall extend above the cornice line of the building.
CJ. Amend Section 20G.05.03: Village Zone; 9G: Signage to read:
G. Sic;nage Signs. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance.
(-l-) Unless specified as exempt or prohibited signage, or othenvise noted below, the
Sign Ordinance regulations pertaining to Old Town Carmel, Section 25.07.02 13
shall apply to the Village Zone.
(~) Exempt Signs: All signs designated as exempt in Section 25.07.01 03 of the
Sign Ordinance, except as noted in Section 20C.05.07(E)(5).
(J) Prohibited Signs: The provisions in Section 25.07.01 01 shall apply. The
following 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 '.vithin the horizontal and 'lertical elements of the building
and may not obseure details of the building. (Figu,~c 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
windEl'ovs.
(1) Signs may also be imprinted on permanent awnings.
(&) Individual tenants should strive for a unique graphic image, rather than be
required to conform to a single graphic style for the whole buildiHg.
(9) Providence at Old Meridian. The sign package adopted with Ordinance No. Z
338, Providence at Old MeridiaH Plan Unit Development District shall be
allowed as approved.
ck. Amend Section 20G.05.04: Mixed Use Zone; 9E: Signage to read:
E. Signac;e Signs. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance.
(-l-) The provisions of the Carmel/Clay Sign Ordinance, Ordinance No. Z 302, shall
apply, except as noted below:
(a) Ground signs shall not be taller than fDur (1) feet, aHd have a Sign Face
that does not exceed tv/enty four (21) square feet.
(b) '.Vall signs shall not exceed thirty two (32) square f-eet.
(~) Wall sigHS must fit ',vithin the horizontal and 'lertical elements of the bl:lilding
and may not obseure details of the building. (Figur-e 23)
(J) No sign may extend above the cornice line of the building.
21
d. Amend Section 20G.05.05: Office Zone; 9D: Signage to read:
D. Shmage Signs. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance.
(+) The provisions of the Carmel/Clay Sign Ordinance, Ordinance No. Z 302, shall
apply, except as Hoted belo'.v:
(~) Ground sigHs shall not be taller than four (1) feet, nor have a Sign Face that
exceeds twenty four (21) square feet.
(J) Wall signs shall Hot exceed thirty two (32) square feet.
em. Adopt Section 20G.05.06: Special Use Zone; 9F: Signs to read:
F. Signs. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance.
en. Amend Section 20G.05.07: Meijer Zone; 9E: Signage to read:
E. Signage Signs. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance.
(+) Unless specified as exempt or prohibited signage, or otherwise noted below, the
Sign Ordinance repl!ations pertaining to Old Town Carmel, Scctien 25.7.0-2 13
shall apply to the Meijer Zone.
(~) Exempt signs: f.Il signs designated as exempt in Sectien 25.7.01 03 of the Sign
Ordinance, Ordinance No. Z 302.
(J) Prohibited signs: The provisions in Sectien 25.07.01 04 shall apply. Signs which
contain blinking, pulsing, those with moving' components are also prohibited.
(4) 'NaIl signs must fit withiR the horizontal and vertical elements of the building
and not obscure details of the buildiRg. (Figure 23) No sign shall be allowed to
extend above the cornice line of the building.
(~) Two (2) monument signs no larger thaR sixty (60) square feet are allowed for a
single user of the existing Meijer store, '.vith ORe (1) 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.
11 91 f.DLSIDP.
(e) SigRage for the Convenience Store shall be permitted, consistent with Scctien
20C.05.07(E)( 1), and subject to Plan Commission l\DLS approval.
co. Amend Section 20G.05.08: Mixed Medical Zone; 9E: Signage to read:
E. Sil':nage Signs. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance.
(+) The provisions of the Carmel/Clay Sign Ordinance, Ordinance No. Z 302, shall
apply, except as noted below.
(a) 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 '.vith 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.
22
(13) A building not described in SUBsection (a) above, shall be identified by
the use of a ground sign which shall Flat be taller than four (1) feet, and
have a sign face that does not exceed thirty two (32) square feet.
(e) Wall signs shall not exceed thirty two (32) square feet.
(tl) Directory signs are permitted in accordance with the Sign Ordinance Z
Jm.
(~) 'Nail signs must fit within the horizontal and vertical elements of the building
and may not obscure details of the building. (Figure 23)
(J) No sign may extend above the bottom of the roomne or, in the case of flat roofs,
the cornice line of the Building.
cpo Amend the title of Sectio/1 20G.06: Mod({icalio/1s to read:
20G.06: Modification~; Zoning Wainr.
cg. Repeal Section 20G.07: Application Procedure in its entirety.
~ :\pplication Procedure.
200.07.01 To insure the compatibility of the proposed use with adjoining areas,
the Commission shall revie'tV and approve the architectural design, lightiFlg,
landscaping, and signage of any proposed use within the Old Meridian District
prior to issuance of an Improvement Location Permit.
200.07.02
200.07.03
A.
B.
G.
-9.
Consultation with Director and /\pplication.
.^.pplicants shall meet with the Director to review the zoning c1assificatioFl of
their site, review the site requirements, and regulatory ordinances that affect the
site, review the procedures and examine the proposed use and development of
the property. The Director shall aid and advise the applicant in prepariFlg his
application and supporting documents as necessary.
K
The applicant shall submit two (2) copies of each of the following:
The written application form
Site legal description
Site plan, dravlR to scale, maximum sheet size 21" x 36"
An existing features and site analysis plaFl, dravm to the same seale as
the Site Plan
An aerial photograph of the site, scale I" - 100', that sho'.vs the project
site and adjoining properties
Building plans and elevatioFls, drav/FI to scale
Drainage and erosion control plan, drawn to scale
Landscape Plan, drawFI to scale
Lighting Plan and details, drawn to scale
Signage Plan and details, dra',yFl to scale
Any supporting documents and materials as determined by the
Director.
P.
G.
H.
I.
J.
K
23
20G.07.01 Initial Revie't'.' of the i\pplication and SupportiFlE:: Documents and
Materials by the Director.
A. Following the receipt of the written applicatioFl, the ,^.DLS package,
and necessary supportiFlg documents and/or materials, the Director
shall review the materials for the sole purpose of determining '.vhether
the application is complete aFld iF! technical compliance with all
awlicable ordinances, laws and regulations.
:g. If the materials submitted b)' the applicant are FlOt complete or do Rot
comply with the Recessary legal requiremeRts, the Director shall inform
the applicant of the deficiencies in said materials.
G. Unless and until the Director formally accepts the applicatioR as
complete and in legal compliance, it shall not be considered as formally
filed fDr the purpose of proceediRg to succeeding steps toward approval
as hereinafter set forth.
D. If the materials submitted by the applieaF!t are determined to be
complete and in compliance, the materials shall be forwarded to the
Commission.
K Within thirty (30) days of the formal acceptance of the applicatioR by
the Director, he shall formally file the applicatioFl by placing it upon the
agenda of the Commission according to the Commission's Rules of
Procedure.
F.The applicant shall file for each Commission member a copy of the
ADLS plan and supporting documents and/or materials required.
20G.07.05 Once approved by the Plan Commission, the architectural design,
lightiFlg, laF!dscaping and sigRage shall not be materially altered or substaFltially
altered without the prior approval of the Commission.
cr. Relocate Chapter 20G: Old Meridian District; Figure 23 to Section 25.07;
Diagram 4: Old Meridian Sign Placement.
CHAPTER 23A: STATE HIGHWAY 431-KEYSTONE AVENUE OVERLAY
ZONE
cs. Relocate Section 23A.05: Plan Commission Approval to Section 23A.00.02: Plan
Commission Approval.
c1. Adopt Section 23A. 00. 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(B): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
cu. Designate Section 23A.05: unassigned.
24
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 shaH
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.
cw, Adopt Section 23B. 00. 99: Application Procedure to read:
23B.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).
ex. Amend Sectio/l 23B.02(A) to read:
23B.02 Commission Review:
A. Development Plan. The Commission must approve, approve with conditions,
or disapprove the Development Plan (DP) for any tract of land in the U.S.
Highway 31 Overlay Zone.
I. The Commission shall hold a public hearing ~;hall be held by the
Commi~;:;ion before it decides whether to approve or disapprove a DP.
However, no DP is required for additions to existing structures which:
a. Are attached to the existing structure:
b. Continue the architectural design of the eXIsting structure.
including exterior color and materials: doors and windows.
other detailing:
c. Meet with requirements of the underlying primary zoning
district:
d. Do not exceed twenty percent (20%) of the original gross 1100r
area of the existing structure, applicable from the date of this
ordinance, and,
e. Have received a prior ADLS approval from the J!Iatl
Commission.
') The Commission shall review a DP application to determine if the DP
satisfies ,the development requirements specified in Secriolls 23B.03
through 23BJJR. The Commission's review shall incIuoe, but not be
limited to, the following items:
a. Existing site features, incluoing topography ano woooed areas:
25
b. Zoning on site:
c.:. Surrounding zoning and existing land use:
d. Streets. curbs and gutters. sidewalks. and bicycle paths:
e. Access to public streets:
f. Driveway and curb cut locations in relation to other sites:
g. General vehicular and pedestrian traffic:
h. Vehicle and bicycle parking facilities and internal site
circulation:
I. Special and general easements for public or private use:
J. On-site and ofT-site surface and subsurface storm water
drainage including drainage calculations:
k. On-site and off-site utilities:
I. The means and impact of sanitary sewage disposal and ",'aier
supply techniques:
111. Dedication of streets and rights-of-way. or reservation of land
to be sold to governmental authorities for future development
of streets and rights-of-way:
n. Proposed setbacks. site landscaping and screening. and
compatibility with existing platted residential uses:
o. Project signage:
p. Protective restrictions and/or covenants:
q. Compatibility of proposed project with existing development
within the U.S. Highway 31 Corridor: and.
r. Consistency with the policies for the Overlay Zone which are
set forth in the Comprehensive Plan. including the
Thoroughfare Plan.
3. Findings-of-Fact. The Commission shall make written tindings
concerning each decision to approve or disapprove a DP. The
President of the Commission shall be responsible for signing the
written findings of the Commission,
cy. Repeal Section 23B.02(B).
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
de. Amend Section 23B.02( BJ: Architectural Design. Exterior Lighting. Landscaping
and Signage to read:
23B.02 Commission Review:
B. Architectural Design. Exterior Lighting. Landscaping and Signage. Except
as provided in Paragraph (A)( /) above. for all projects in the U.S. Highway 31
Overlay Zone. the Commission shall review and approve the Architectural
Design. Exterior Lighting. Landscaping and Signage (ADLSJ, access to the
property. site layout. parking and site circulation. pursuant to See/ions 238.09
through 238./5.
'1
I. ADLS approval shall be necessary prior to:
a. The establishment of any use of land:
b. The issuance of any Improvement Location Permit;
c. The erection. reconstruction or structural alteration of any
building(s) in the U.S. Highway 31 Overlay Zone; or
d. Any changes in any site impn)\'ements.
An amendment 10 an ADLS may be reviewed and approved by a
committee of the Commission according to the Rules of Procedure.
However. any interested party muy appeal the decision of the
committee directly to the Commission.
df. Repeal Section 23B.02(E).
dg. Renumber Section 23B.02(G) to Section 23B.02(C): Zoning Waiver.
dh. Amend Section 23B.02( F) to read:
238.02 Commission Review:
F. Architectural Design, Landscaping. Exterior Lighting. and Signage. Except
as provided in Paragraph 8 above. for all projects in the U.S. Highway 31
Overlay Zone, the Commission shall review and approve or approve with
conditions the Architectural Design. Landscaping. Exterior Lighting, and
Signage (ADLS). access to the property. site layout. parking and site circulation.
pursuant to See/iol/s 23BJ)9 through 23B./5. and such approvals shall be
necessary prior to:
( I) The establishment of any use of land;
(2) The issuance of uny Improvement Location Permit:
(3) The erection. reconstruction or structural alteration of any building(s)
in the U.S. Highway 31 Overlay Zone: or
(4) Any changes in any site improvements.
di. Amend Section 23B.08.03: Building Height to read:
23B.08.03 Building Height: As specified in the underlying primary zoning district(s),
except as follows:
A. Minimum Building Heights:
1. All uses along U.S. 31 and 1-465: Thirty-eight (38) 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/parkway: Twenty-six (26) feet and two (2) occupiable floors.
dj. Amend Section 23B.08.05: Minimum Gross Floor Area to read:
23B.08.05
A.
Minimum Gross Floor Area.
All buildings shall have a minimum of fifteen thousand (15,000) square feet of
gross floor area, excluding the floor area of any basement or any accessory
building(s). Accessory Buildings permitted need not meet this minimum floor
area requirement. The intent of this minimum gross floor area requirement is to
preclude small, freestanding buildings and uses not in character with the
Corridor.
Distribution of Gross Floor Area.
B.
1. All uses along U.S. 31 and 1-465:
a. Maximum First floor GFA: Forty percent (40%);
b. Maximum Second floor GFA: Thirty-five percent (35%).
2. All uses along Pennsylvania Street, Pennsylvania Parkway,
Meridian Corners Boulevard, and Illinois Street Corridors, or
adjoining arterial/parkway:
a. Maximum First floor GFA: Sixty percent (60%);
dk. Repeal Section 23B.17.01: Consultation with the Director and Application.
23B.17.01 Consultation with Director and ,^.pplication:
Applicants sHall meet witH the Director to review the zoning classification of their site,
revie',',' the regulatory ordinances and materials, revievl 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. The
applicant shall submit:
t..vo (2) copies of the written application form;
two (2) copies of the DF and/or the required information on architectural design,
landscaping, parking, signage, lighting and access (,^.DLS),
as well as all necessary supporting documents and materials.
Filing fees shall not be required for applications for additions to residential housing
required to be reviewed under this SeefieR 23B.
dl. Repeal Section 23B.17.02: Initial Review; Submission to the Commission.
23B.17.02 Initial Reyiew; Submission to the Commission:
Following the receipt of the written application, DP and/or the required information on
architectural design, laFldscaping, parking, signage, lighting aJ'ld access (,^..DLS), and
necessary supporting documents and/or materials by the Director, he shall then review
the materials solely for the purpose of determining wRether the application is complete, in
tcdlRical compliance with all applicable ordinances, laws and regulations and is to be
fonvarded to the Commission. If the materials submitted by the applicant are not
complete, or do flot 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
28
approval as hereinafter set forth. Within twenty (20) da)'s of the formal acceptance of the
application by the Director, he shall formally file tJ:le application by placing it upon the
agenda of the Commission, according to the Commission's Rules of Procedure. The
applicant shall file for each Commission member a copy of the DP and/or .^.DLS plans
and supporting documents and/or materials pursuant to the Commission's Rules of
Procedure, .1,~tidc VII, Section 1.
dm. Repeal Section 23B.17.03: Approval or Denial of the Application by the
Commission.
23B.17.03
A.
.'\pproval or Denial of the .'\pplication bv the Commission:
.'\n approved DP or .'\DLS petition shall be 'lalid for two (2) years from the date
of approval. If a full and complete application for an Improvement Location
Permit (ILP) has not been submitted at the end of the two (2) year period, the
DP and/or :\.DLS request must be re submitted to the Commission for a time
extension.
B.
If the DP and/or .'\DLS plan is materially changed in aFlY way, rcsubmission to
the Commission per Section 23B.02 is required.
If an ADLS petition is denied by the Commission, the Commission shall provide
the applicant with a written copy of said reasons, if requested.
G.
dn. Renumber Section 23B.17.04: 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 OVERALY 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 421
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 421 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.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See
Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
29
dq. Amend Sectio1l 23C.02: Commission Approval to read:
23C.02 Commission Approval.
A. De\'elopment Plan. The Commission must approve. approYe with conditions. or
disapprove the Development Plan (DP) for any tract of land in the Overlay
Zone. The Commission shall hold a public hearing shall be held by the
Commis~;ion before it decides whether to approve or disapprove a DP. The
Commission. in reviewing DP applications. shall examine factors concerning the
site. Site Plan and the surrounding area. which include but are not limited to the
following items:
I.
Topography:
Zoning on site:
"J
3.
4.
Surrounding zoning and existing land use:
Streets. curbs and gutters. bicycle paths. and sidewalks:
Access to public streets:
5.
6.
7.
Driveway and curb cut locations in relation to other sites:
General vehicular and pedestrian traffic:
Parking facilities and internal site circulation:
Special and general easements for public or private use:
On-site and off-site surface and subsurface storm and water drainage.
including drainage calculations:
On-site and ofl-site utilities:
8.
9.
10.
II.
12.
The means and impact of sanitary sewage disposal and water supply
techniques:
Dedication of streets and rights-of-way:
Provision for adequate and acceptable setbacks. screening. and
compatibility with existing. platted residential uses:
13.
14.
15.
16.
17.
Storage area:
Protective restrictions and/or covenants:
Effects any proposed project may have on the entire Overlay Zone:
and.
Consistency with the policies for the Overlay Zone which are set forth
in the Comprehensive Plan.
If a Parent Tract is located both inside and outside of the U.S. Highway 421
- Michigan Road Corridor Overlay Zone, Development Plan and ADLS
approvals are required for the entire Parent Tract.
18.
dr. Repeal Section 23 C.i5: Application Procedure.
~ :\pplicatioFl Procedure.
23C.15.01 Consultation with Director and ,^.pplication. :\.pplicants shall meet
with the Director to review the zoning classification of their site, review the
regulatory ordinances and materials, revie',v the procedures and examine the
proposed use and de'/elopment of the property. The Director shall aid and
30
. ~ documents as
e sHpportm",
. his application an
. 'he applicant in preparlflg
advise <
necessary. . .
licant shall submit. lication form,
Th. .pp . f Ih",,,i... .pp . ^ Iv,i, PI..,
r'"'l\ esnles 0 & "Ite , .na J
two ,.:./ t' .. Features ()
. f the EXlstmg
~2~ copIes 0
IWO . f Iho DP, ..610' . ...,hitoololol d"ig.,
IwO (2) oop'" 0 . d i.I'o<","IoO. O. ^ DLS), " w,lI "
. " the reqUire . " access (, .
'"'1\ SAles Ot- I'ghtmg anti
tViO (.:./ C t' I' g signage, I
. g ~ar (m , " materials.
I..d".p'. , Ii. .ocuone." '". . Doco""o" aod
all .""""y '"ppo, g ^ r cati.. .od SOD"ort~.~"'iog th, receiPII
5. . ... of Iho ,<pp I "0 ",,,,i '''oe. 0 "'0 hi lee"".
Ieiti'" R,v".. Suh"'il,,1 to Ih, . d ief"",",we oe S) .ed
23C.15.Q2 . I, by th, Di"'''..; np .edl... the ,:qm'" ..d "'oc." (^DL n:' eelo'
M."". I;,"wn, ~ . . hghlmg . "0', th, ~"
f the w,in,. app ",Id.g, "ge.g, ""', hy the D',:. "'h"h" I'"
:"ig., I.ed"ap'~g, .:,um.." .edlo; ""':"'0" of d"'Cflfl~~.~lI" applioobl,
necessar): sUPPhortl~~terials for .the sOh~i~al compliance wit
... II Fe"lew t e He In tee
sua. 's comnlete a or do not
. "oe ,. , " pi,,,
upph" , law, a.d ..gol"... . plicanl 0.. eOI ;0'" ,h"'l infune
",d,",u,"." . I, ,obmin.d hy ,h. ap i""",n", ti" D,"'I..
If the matena ecessary legal requ. materials.
+. oomply with Ih. e d,",ioo"" in ,,,,d h. "ppIiCalio. "
th..pplic,"" of the . foneally "''''p'' '. d...d " I'o<mally
Uel", oed ~"':; ~'.n~;:~::~" it 'h~:c::~~:;::;~ low"," .ppmv.1
complete and m g of proceedIng ttl s
I1I,d fo, th, po",o" h toneinod 10 b,
a, h..,iooft.. "t fOrt . . 10, II" upplicael "'~. d~'W"""d to lhe
. Is submItted) terials shall
If the matena. compliance, the ma
co"'plot. . ..8 .. """p',"c. of 'h.
Co",,,,i,,we. Q day' of Iho fo"",;: fune.lIy 111: the
'l'ithin thirty (3: Director, Ae sha" of the CommissIOn
.. . BY h,e the agentia
.ppli'''~o: by pl...ieg il ~po~ RoI" of Pmoed,re. .
apph'~IW I. the Com..."..e , . . e ",."",.. . eop,
occom..g h Co",,,,,,,,o h DP ""dI..
. hall file for eac ^ I 'sis Plan, t e
The applIcant s es & Site ..na) d' r materials.
"'he Existing Featur 'I'ng documents an ,0
Ot- < e sHj3porc .
^ DLS plan an '.. he CommissIOn.
.. r ....n b, t , , ..,
!)'Ri,1 ,flh. ^nD " .. ,h,1I b, ,,1;8 ~' :'J
^ ....yal 0' , ^ DLS p,"",e .' f ,h. boild,eg".
n DP eli,ioR ..d..... If coe,".et"R '. the DP
^ n annro','ed P"'e 0" annroval. r'"'l\ "'ear penod, .
"" th, .0.. '" ,h ''''0 '" 0 . OR
(2) years from d at the end 0 t e... d to the Commlssl .
ho;; (h,,") eot ",rt, I me" b. .. "bm"', d .. ,0bmi",,1
^ QLS roques tiaIl)' altere ,
and/or,. I . (are) sl:Ibstan I 's required.
I r ^ DLS P an IS Q2 for approva I
If 'h. DP ao<t 0 .' ~ ".. ,\'celion 23C. ~ mi"ioR ,holl
C GmRm",," , . . e the ~o'" "
to 1.0 h Com.."".. , . f req'''''u.
. eenied by t e t: ie reasons, I
If the petition IS1fl. '''ith a copy 0 sa
A.lca~< ..
provide the apt'
23C.15.03
+.
I.
2.
3.
4.
2.
a.
b.
2.
J.
31
CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE
ds. Adopt Section 23D.03(A)( 1)( i): Permitted Uses to read as follows:
230.03 Guidelines.
A. Historic Range Line Road Sub-Area.
I. Renovations and Additions to All Existing Buildin?s.
i. Permitted Uses. In addition to those uses allowed in the
underlying zoning district, retail uses shall be allowed in
the Historic Range Line Road Sub-Area.
dt. Amend Section 23D.03(A)( 1 )((/)(iv) to read as follows:
A. Historic Ran!:!e Line Road Sub-Area.
l. Renovations and Additions to All Existin!:! Buildin!:!s.
a. Lot Dimensions and Coverage.
IV. No lot may be created by Subdivision or by joining
which results in a width of greater than ninety (90)
feel.
duo Adopt Section 23D.03(A)(3)(b)(ii) to read as follows:
230.03 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.
dx. Renumber Section 23D.03(A)(3)(e): Roof to 23D.03(A)(3)(j): Roof
dy. Renumber Section 23D.03(A)(3)(j): 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 Covera2e.
i. Minimum Lot Width.
(a) Single-family Dwelling: Fifty (50) feet.
(b) All other Uses: Sixty (60) feet.
ii. Maximum Lot Covera2e.
(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. Gara2es.
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
ec. 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 Lighting.
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 in the Front Yard of the property.
v. Chain link material is prohibited forward of the
Front Line of the Principal Building.
vi. Dumpsters and trash receptacles must be screened
from view.
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. Signs. 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 Range Line Road Sub-Area.
3. New Construction.
I. Parking and Drivewavs.
i. Parking is not allowed in the Front Yard of any
property, except on a driveway leading to the
garage.
ii. Driveways leading to the garage may not be wider
than twelve (12) feet, except within thirty (30) feet
of the front of the garage, where the driveway
may be up to twenty-four (24) feet wide.
iii. Parking spaces required to be provided under the
Zoning Ordinance may be reduced by up to fifty
percent (50%) in order to accommodate difficult
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)(nz): Permitted Uses to read:
230.03 Guidelines.
A. Historic Range Line Road Sub-Area.
3. New Construction.
m. Permitted Uses. In addition to those uses allowed in the
underlying zoning district, retail uses will be allowed in the
Historic Range Line Road Sub-Area.
ego Amend SecTioll 23D.03(C)( J )(a)(iv) to read:
A. Character Sub-Area.
I. Renovations and Additions to All Existing Buildings.
a. Lot Dimensions and Coverage.
IV. No lot may be created by Subdivision or by joining
which results in a width of greater than ninety (90)
feet.
eh. Amend Section 23D.03(C)(3)(b): Setbacks to read:
230.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
b. Setbacks.
1. New buildings must follow the dominant or average
front yard Setback dimension of existing buildings on
the same block and on the same side of the street,
with a variation of up to three (3) feet allowed (See
Figure 2a).
ii. Additions, except for open-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).
Hi. A Corner Lot for a residential use is presumed to
have a Front Yard Setback on both streets that it
faces. For a non-residential use, the Front Yard
shall be Range Line Road (if the property is
located on Range Line Road) or the street with the
greatest traffic.
iv. Side and Rear Yard Setbacks shall be a minimum
of five (5) feet from the property line.
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): Roof to 23D.03(C)(3)(i): Roof
el. Renumber Section 23D.03(C)(3)(f): Porches to 23D.03(C)(3)(j): 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:
23D.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
c. Lot Dimensions and Coverage.
i. Existing lot dimensions as originally platted shall
be acceptable.
ii. Minimum lot width.
(a) Single-f~mily Residential: Fifty (50) feet.
(b) All Other Uses: Sixty (60) feet.
iii. Maximum Lot Coverage.
(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:
23D.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
r
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 Lighting.
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.
eq. Adopt Section 23D.03(C)(3)(j):Parking and Driveways to read as follows:
23D.03 Guidelines.
C. Character Sub-Area.
3. New Construction.
f. Parking 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 provided under the
Zoning Ordinance may be reduced by up to fifty
percent (50%) in order to accommodate difficult
site conditions such as limited access, small lots
and/or existing mature trees.
iv. New curb cuts on Range_"Line Road will not be
permitted unless there is no alternative access
from a side street.
er. Adopt Section 23D.04(A)(2) to read as follows:
230.04 Submittal Process/Application Procedure.
A. Consultation with Director and Application.
2. Site Plan & Design Review (SDR) approval is not required where
Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) approval is required. '
CHAPTER 23E: HOME PLACE DISTRICT OVERLAY ZONE
es. Adopt Section 23E.OO.02: Plan Commission Approvpl to read:
23E.00.02 Plan Commission Approval.
A. Development Plan. Refer to Sub-district regulations for Development Plan
requirement.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. Refer to
Sub-district regulations for Architectural Design, Exterior Lighting,
Landscaping and Signage requirement.
et. Adopt Section 23E.OO.99: Application Procedure to read:
23E.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).
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 SecTio/l 23E.02( B): ArchiTecTural Design, L(lndscaping, ErTerior LighTing
(l/ld Sign(lge to read:
23E.02 Commis~ion Appro,"al.
B. Architectural Design, Landscaping. Exterior Lighting and Signage. Except a~;
prO\"idcd in Section 23E.02(B), for For all projects in the Home Place Business
District and West Home Place Commercial Corridor, the Commission shall
review and approve or approve with conditions the Architectural Design.
38
Landscaping. Exterior Lighting and Signage (ADLS). access to the property. site
layout. parking and site circulation, pursuant to Sectio/1 23E.08 and Sectio/1
23E.09. and such approvals shall be necessary prior to:
I. The establishment of any use of land:
') The issuance of any Improvement Location Permit:
3. The erection. reconstruction or Structural Alteration of any commercial
building(s) in the Home Place Business District or West Home Place
Commercial Corridor: or
4. Any changes in site improvements.
ev. Amend Section 23E.08(J): Zoning Waiver to read:
23E.08 Home Place Bllsiness District.
1. Zonin!! Waiver. -The applicant may ~ apply for a Zoning Waiver tt-\ of the
dimensional and quantitative standards of this Sectiol1 23E.08. by not greater
than thirty-live percent (3591,). LOnsistent with requirements set forth in Sectil;11
23E.02(C).
ew. Amend Section 23E.09( H): Zoning Waiver to read:
23E.09 West Home Place Commercial Corridor.
H. Zoning Waiver. The applicant may ~ apply for a Zoning Waiver tB of the
dimensional and quantitative standards of this Sectiol1 23E.09. by not greater
than thirty-five percent (35%). consistent with requirements set forth in Sectiol1
23EJJ2(C). '
ex. Repeal Section 23E.ll: Application Procedure.
~ .^.pplication Procedure.
A. Consultation with Director and Application.
Applicants shall meet with the Director to review the zoning classification of
their site, review the regulatory ordinances and materials, revie'N tRe procedures
and examine tRe proposed use and de'ielopment of tRe property. The Director
shall aid and advise the applicant in preparing his application and supporting
documents as necessary. The applicant shall submit:
+. Tv,'O (2) copies of the ,witten application form;
~. Tv,'O (2) copies of the Development Plan CDP) and/or the required
information on Architectural Design, Exterior Lighting, Landscaping,
Signage, Parking and :\ccess V.DLS);
~. as well as all necessary supporting documents and materials.
39
B. Initial Review: Submission to the Commission.
Following receipt of the written application, DP and/or the required information
on Architectmal Design, Exterior Lighting, Landscaping, Signage, Parking and
:\ccess (,^.DLS), and necessary supporting documents and/or materials by the
Director, he shall then review the materials solely for tlie purpose of determining
whether the application is complete, in technical compliance with all applicable
ordinances, laws and regulations and is to be fonvarded to the Commission.
If the materials s\:lbmitted by the applicant are not complete, or do not
comply '.vith the necessary legal requirements, the Director shall inform
the applicant of the deficiencies in said mate!i~~.
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 purposes of proceeding to succeeding steps toward
approval as hereinafter set forth.
~. If the materials submitted by. the applicaFlt are determined to be
complete and in compliance, the materials shall be f-orwarded to the
Commission.
+.
a. Within t...,'enty (20) days of formal acceptance of the
application by the Director, lie shall formally file the
application by placing it upon the agenda of the Commission,
according to the Commission's Rules of Procedure.
e. The applicant shall file for eacli Commission member a copy
of the DP and/or :\DLS plans and supporting documents
and/or materials pursuant to tlie Commission's Rules of
Procedure, ,1rticlc V!!, $cctien 4.
G. ,\pproval or Denial of the Application by the Commission.
+. An approved DP or ,\DLS petition shall be valid for two (2) years from
the date of approval. If a f\:lll and complete application for an
Improvement Location Permit (ILP) has F10t been submitted at the end
of the tviO (2) year period, the DP and/or ,^.DLS must be resubmitted
to the Commission for a time extension.
~. If the DP and/or ,\DLS plan is materially changed in any way,
resubmission to the Commission per Scction 23E.02 is required.
CHAPTER 24: PLANNED DEVELOPMENT REGULATIONS
NOTE: EVEN THOUGH CODED IN RED, CHAPTER 24 DOES NOT CHAN9J~:_IHE WAY DOCS
OPERATES, IT JUST PUTS DOCS POLICIES IN WRITING FOR DP AND ADLS.
ey. Repeal C!!C:Z~~~.24: Planned District Regulations in its entir$ty._
ez. Adopt the Chapter 24: Development Plan and Architectural Design, Exterior
Lighting, Landscaping & Signage Regulations to read:
24.00 Development Plan and Architectural Design. Exterior Lighting. Landscaping & Signage
Regulations.
24.0 I 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 generally be considered favorably by the Commission.
24.02 Development Plan.
A. Development Requirements.
The Commission shall review a Development 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. Availability and coordination of:
a. The means and impact of water supply techniques;
b. The means and impact of sanitary sewers;
c. On-site and off-site surface and subsurface storm water
drainage including drainage calculations; 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. Building coverage.
6. Building 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 dedicate additional
width along either one or both sides or such 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;
1. Vehicular internal site circulation;
8. Pedestrian and bicycle circulation.
a. Consistency with the policies for the district as set forth in the
Thoroughfare Plan;
b. Location 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 Information.
I. The location and character of the following:
a. Existing and proposed principal structures and accessory
structures.
1. Exterior Elevations, Renderings, 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 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 to 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.
\. 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.
\. 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 facilities.
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.
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 elements. A report shall
be included concerning:
i.
Legal drains located in the development or relating to
the development,
The flooding potential of the development,
The design of the storm water system to deal with
such flooding potential, and
II.
111.
The expected impact of the development's storm
water runoff on any receiving stream or downstream
property.
Where flood plains as indicated by FP, FF or FW Districts
herein, are involved, a statement from the Indiana Natural
Resources Commission to the extent it has jurisdiction shall be
required with respect to location of flood ways and flood
plains.
IV.
5. Other information 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 restriction,s, 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.
Erosion Control & Sedimentation Plan. A statement and plan
setting forth the method of controlling erosion and
sedimentation before, during and following development and
construction, 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 mttdQ()Llighting.
c.
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;
11. Indiana Natural Resources Commission;
111. 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, grades. sizes. capacities, typical cross-sections and
so forth. These plans shall be drawn by a Registered Land
Surveyor or a Professional Engineer I icensed 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 to the proper
authorities, except so much thereof as are intended to remain
private.
i. Certificate of Commission Approval. 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 Requirements.
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.
a. Consistency with the policies for the district as set forth in the
Thoroughfare Plan;
b. Location 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.
3. Site landscaping and screening.
4. Height, scale. materials. and style of improvements.
5. Project signage.
6. Exterior lighting.
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 use;
d. Protective restrictions and/or covenants.
B. Plan Documentation & Supporting Information.
I. . The location and character of the following:
a. Existing and proposed principal structures and accessory
structures.
l. Exterior Elevations, Renderings, 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 area
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 reflect
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.
l. 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.
\. 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.
e. Exterior Lighting.
46
1. 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 inclu'de
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:
1. Two (2) copies of the written application form;
ll. Two (2) copies of the Existing Features & Site
Analysis Plan;
iii. Two (2) copies of the Development Plan;
iv. As well as two (2) copies of all necessary supporting
documents and materials.
b. Technical Advisory Committee. The applicant shall submit
the following to the members of the Technical Advisory
Committee (T AC):
1. One (I) copy of the written application form;
ll. One (1) 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
c. Initial Review of the Application and Supporting Documents
and Materials.
1. Director. FoJlowing the receipt of the written
application, Development Plan, 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.
11. Technical Advisory Committee. Following the
receipt of the written 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.
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.
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
(c) Placing it upon the agenda of the
Commission according to the Commission's
Rules of Procedure.
111. The applicant shall tile 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.
3. Fees. See Section 29.06.
4. Public Notice. The applicant shall be responsible for the cost and
publication of the required published legal notification of the public
hearing. The applicant shall also notify all interested parties and
property owners as required by the 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
f \ j
Following the public hearing, the Development Plan shall be reviewed
by the Commission.
6. Review. The Commission shall review a Development Plan to
determine 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;
Ill. 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.
Ill. 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 shown, the Director may
extend the approval for a period not to exceed six (6) months.
d. If the Development Plan is substantially or materially altered
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 24.02.
b. Fees. See Section 29.06.
c. Public Notice. See M(4).
d. Public Hearing. See M(5).
e. Review. See &A(6).
f. Approval. See p 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;
vii. 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.
1. 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.
11. Technical Advisory 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.
1. 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.
II. 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 file the application by:
(a) Assigning a docket number;
(b) Setting a date and time for Commission
review; and
(c) 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 Plans, and supporting documents and/or materials
pursuant to the Commission's Rules of Procedure.
51
3. Fees. See Section 29.06.
4. Review. The Commission shall review an ADLS to determine if the
ADLS:
a. Is consistent with the Comprehensive Plan; and
b. Satisfies the development 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
aesthetic value, attractiveness and compatibility of
land uses, within the District and with adjacent uses;
11. Provides sufficient and well-designed access, parking
and loading areas; and
111. 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:
1. 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
specified 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 Section 24.03.
b. Fees. See Section 29.06.
c. Review. See M(6).
52
, J J
d. Approval. See F above.
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 (30) 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 whe!1 it is placed upon the Commission agenda by the
Director according to the Commission's Rules of Procedure.
c. 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.
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 end shall have all the
powers of the Hearing Officer or Committee from whom the
appeal is taken. Upon reaching a decision on the appeal
request, the Commission shall enter 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 of 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. Stav of Work.
When an appeal from Hearing Officer or Committee has been filed
with the Commission, all proceedings and work on the premises upon
which the appeal has been filed shall be stayed unless Hearing Officer
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 peril to 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 o'n the premises affected has received
notice, the Director shall have full power to order such work
discontinued or stayed and to call upon the police power of the City or
County to give full force and effect to the order.
CHAPTER 25.07: SIGN ORDINANCE
fa. 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 Chapter 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) SION CLASSIFICATION: As allowed pursuant to the signage requirements in
Section 25.07.02-01 through 25.07.02-12, unless otherwise specified below.
I. 200.05.01: Single-Familv 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
(ii) Nameplates established in accordance with Section
25.07.02-03: Home Occupation and Boarding House
(Residential Zone).
54
I t t
2. 200.05.02: Multifamilv 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
25.07.02-13: Old Town Cannel 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) Oround 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 25.07.01-04 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 through 25.07.02-12, 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 ADLS/DP.
(f) Signage for the Convenience Store shall be permitted,
consistent with Section 20G. 05. 07(E)( 1), and subject to ADLS
approval.
c) MAXIMUM SION AREA: As allowed pursuant to the signage requirements in
Section 25.07.02-01 through 25.07.02-12, unless otherwise specified below.
2. 200.05.02: Multifamilv Housing Zone (OM-MF):
(I) Suspended Signs: Twelve (12) square feet
(2) Projecting Signs: Twenty (20) square feet
55
(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.
'lIo
20G.05.05: Office Zone (OM-O):
(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.
5)
4) 20G.05.04: Mixed Use Zone (OM-MU):
(1) Ground Signs shall not be taller than four (4) feet.
5) 20G.05.05: Office Zone (OM-O):
(a) Ground Signs shall not be taller 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):
(1) 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):
(d) Wall signs must fit within the horizontal and vertical elements
of the building and may not obscure details of the building.
(Figure ##)
(e) No sign may extend above the cornice line of the building.
(f) Signs may also be painted in white graphics in storefront or
upper floor windows.
(g) Signs may also be imprinted on permanent awnings.
4) 20G.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.
7) 20G.05.07: 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.
56
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.
1) Specific District Requirements:
8) 20G.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.
(1) For a building with multiple tenants or occupants and
which is in exc((ss 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)
(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) Identification Sign per business in a Single-tenant
Building or a Multi-tenant Ground Floor Building. One (1) 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
57
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 shaH equally share the Sign Area as per appropriate chart. This includes the
Center Identification Ground Sign - aH copy shaH be included on only one (1),
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 HEIGHf 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 shaH 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 of Identification Sign.
h) ILLUMINATION: Permitted.
i) LANDSCAPING: Optional.
j) REQUIRED APPROVALS: All permanent signs requiring a permit that are
established in the B-4, B-7, B-8, M-3 or U.S. Highway 31 Overlay Zone require
Commission approval.
k) SIGN PERMIT: Required.
I) FEES: Required.
58
fb. Amend Section 25.07: Sign Ordinance; Sign 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 -I 00 feet 60 sq. ft. 6 feet
101 - 150 feet 80 sq. ft. 6 feet
151-300feet 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.
59
Sign 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 I - 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-of-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.
fe. Amend Section 25.07.06: Legal NOnC01{/"orlning Signs to read:
A.
LC2;al Nonconformin2; Si2;ns.
After the enactment of this amendatory Ordinance. the Administrator shall make
a survey every twelve ( 12) months of the jurisdictional area for signs that dll nllt
conform 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
25.07.06
60
- ----
I .' t
Council. Officer~; members of the Board, and members of the Commission.
This report is due on or before J.tHy September I" of every year and shall
include the sections of this Ordinance with which said signs do not comply (as
of .July I of the respective calendar year), 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 questions arise
as a result of the Administrator's decision that a sign is a legal nonconforming
sign or is illegal. the final determination of such 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 L ;:ltIDl- 2004. the
Administrator s~all 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 Perinit
was issued.
D. A nonconforming sign as described in Subsection (CJ 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].
~ 2004, was not legally erected or installed. the user or owner shall have
until January I, ~ 2006, to appeal the Administrator's determination to the
Board or to obtain a variance from the Board allowing the sign to be continued.
After January I. ~ 2006. if the Board has not re;ersed 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:
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:
The sign is relocated:
The complete sign and sign structure are replaced: or
The Sign Permit or variance under which the sign was allowed or
permitted expires.
G. On the happening of anyone (I) 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.
L
..,
3.
4.
H. Nothing in this Ordinance shall relieve 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.
61
CHAPTER 26: ADDITIONAL HEIGHT, YARD, & LOT AREA REGULATIONS
fd. Amend Section 26.01: Additional Height Requirements; ~O 1 to read as follows:
26.0] Additional Hei!!ht Requirements.
26Jll.OI In the S-I, S-2, R-I, R-2, and R-3 Residential Districts limiting height to
twenty ti\'e (25) thirt~'-li\'e (35) feet. a Dwelling may be increa~;ed in hei;:ht to
thirty tive (35) feet provicle€l the required Side and Rear Yards are increased an
additional foot for each foot such Structure exceeds twenty-tive (25) feet in
height.
fe. Amend Section 26.02.07 to read:
27.02.07 Required Front Y mds in residential districts shall be devoted entirely to landscaped area
except for Frontage Places. guest parking. and the necessary paving of driveways and
sidewalks to reach parking or loading areas in the Side or Rear Yard. The Minimum
Front Yard of any Lot in'a Qualif~'ing Subdivision utilizing relaxed Front Yard standards
per Section 7.00.0} of the Subdivision Control Ordinance shall be as follows:
A. Dwelling with attached. front-loading garage: Twenty (20) feet.
Garage must be set back a minimum oftwenty-tive (25) feet.
B. Dwelling with attached. side-loading garage: Fifteen (15) feet.
Garage must be set back a minimum oftwenty-tive (25) feet.
C. Dwelling with attached. rear-loading: or attached. alley-access garage: Ten ( 10)
feet.
CHAPTER 27: ADDITIONAL PARKING & LOADING REGULATIONS
ff. Adopt title 27.01: Computation of Numher of Required Spaces for Section 27.01.
CHAPTER 28: NONCONFORMING USES & EXEMPTIONS
fg. Amend Section 29.01: The City Council; *29.01.02 to read:
29.01.02Consider amendments to the Official Zoning ~ Map.
CHAPTER 29: ADMINISTRATION
tn. Amend Section 29.02: The Commission; 29.02.02 to read:
29.02.02Advise the City Council in writing on amendments to the Official Zoning ~ Map.
ti. Amend Section 29.02: The Commission; 29.02.03 to read:
29.02.03Consider Development Plan and ADLS applications for Planned all applicable Primary
Zoning Districts.
fj. Repeal the text of Section 29.04.02: Improvement Location Permits in its entirety:
29.04.02Improvement Location Permits.
+. Unless othenvise excluded, it shall be unlawful to construct, alter, repair,
remove or demolish any building or structure, or to commence constructioR, or
62
-------- -
I ) j
alteratioR of real estate, without first filing a written application '.vith the
Director and obtainiRg aR Improvement Location Permit.
~. Every application for an Improvement Location Permit shall, wheR applicable,
be accompanied by:
a. a Site Plan, drawn to scale, sho'.ving 10catioRs of proposed and existing
improvements, casements and rights of way and the appropriate
dimensions;
b. a legal description of the real estate involved;
e. a sewer or septic permit, as appropriate;
a. building elevations on all four sides of the proposed improvement; and,
e. the necessary detailed construction plans.
In instances where application for an Improvement Location Permit is made for
a business, industrial, manufacturing, iRstitution or multiple family structure, the
Direetor may require detailed plaRs and information concerniRg vehicular aM
pedestrian traffic, parking facilities, loading facilities, lighting, feRcing,
landscaping, water and saHitary sewage facilities, storm '.yater drainage facilities,
sigHage, easemeRts, commOR facilities and opeR spaces, Administrative Building
Council approvals and so forth. .
J. The Director shall approve or deny the Improvement Location Permit within
five (5) working days of the receipt of the written application form and
accompaRying materials. The ImprovemeHt Location Permit shall be issued
when the proposed structl:lre, improvement or use and its 10catioR conform in all
respects to this OrdiRance.
4. The Director shall issue an Improvement Location Permit for a variance use, a
special I:Ise, aR appeal use or a Planned District use oRly after the appropriate
approvals have been granted.
~. No Improvement Location Permit shall be issued for the erection, reconstruction
or stmctural alteration of any bl:lilding before application has been made for a
Certificate of Occupancy.
e. The Director, dl:lfing his re'liew of Improvement Location Permits, shall aGSl:lre
that all NatioRal Flood Insurance Program regulations pertaining to State and
Federal permits, subdivisioR review, mobile home tie down standards, I:Itility
constmction, record keepiRg, water course alteratioR and maintenance and
buildiRg permit revie'.v procedures have beeR met. .
fk. 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 occl:lpied or used, in whole or in
part, for any purpose whatsoever, until a Certificate of OccupaRcy shall have
beeR issued by the Director stating that the building and use comply with all of
the provisioRs of this Ordinance applicable to the bl:lilding, premises or the use
of the district in which it is to be located.
~. DpOR completioR of the impro'lement covered by the Improvement Location
Permit reql:liring a Certificate of Occl:lpancy, the Director shall inspect the
premises and, if his inspection shall reveal that the improvemeAt has been
completed in substaAtial conformity with this Ordinance aAd all other city codes
or adopted state or natioRal codes, he shall issue a Certificate of Occupancy.
63
J. ,A. Certificate of Occupancy shall be applied for coil'ICideFltally with the
application for an Improvement Location Permit and shall be issued within ten
(10) days ufter the lawful erection, reconstruction or structural alteration of such
building or other improvement of the premises shall hw/e been completed and
inspected and approved by tRe Director.
fl. Amend Section 29.04.02: Improvement Location Permits to read:
29.04.02 Improvement Location Permits and Certificates of Occupancy.
See Carmel City Code; Chapter 7: Building Code; Article 3: Specific Regulations.
fm. Adopt Section 29.04.03: unassigned.
fn. Amend Section 29.04.04: Records (~f' the Director: .~6 to read:
6. Files on all activities of the Board of Zoning Appeals. the City Council and the Plan
Commissi()n. such as for the subdivision plaiting process. appeals. variances. special
uses. Development Plans fef--.planned di:~tricts. zoning amendments (text and li1ap
changes). nonconforming use determinations and zoning district boundary
determinations. Said files should include, but not be limited to. application forms.
newspaper published legal notices. rectlrd of the notice to adjoining and abutting property
owners. plans and other required or necessary information concerning the application and
minutes of the applicable body that pertain to the application.
fa. Amend Section 29.05: The Clerk- Treasurer to read:
29.05 The Clerk-Treasurer.
It shall be the duty of Ihe Clerk-Treasurer to retain the official copy of the Zoning
Ordinance and all amendments thereto and the Official Zoning ~ Map. All official
zoning materials shall be available for public viewing in the office of the Clerk-Treasurer
during normal office hours.
fp. Amend Section 30.08: The Clerk-Treasurer to read:
30.08 Alternate Procedure for Development Standards Varianees..
30.08.01 Hearing Officers: Oualifications. Appointment and Removal. Pursuant to LC. 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.
30.08.02 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.e. 36-7-4-918.2.
30.08.03 Procedural Rules Governing Hearing Officers. Except as provided in this Section 30.08,
all procedural requirements for DevelopmeHtal Standards Variances 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.
64
30.08.04 Docketinf,!: of Matters: Copies to Members of the Board. After the Director 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 (10) 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 Board's A~enda.. 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 Officer'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 bv 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 Officer if specifred 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 bv Hearing Officer: Commitments bv Property owner: Transfer
to Board's Agenda. Following the hearing of an Developmental Standards 'lariaRee
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 in I.C. 36-7-4-921 and the
Rules of Procedure of the Board. If the applicant for the DevelopmeRtal StaRdards
Variance 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 may not 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 Hearing 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. 36-7-4-924.7
Ordinance No. Z-453-04
65
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.
Ordina_l1.~e No. Z-453-04 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
Ordinance No. Z-453-04
66
Ordinance No. Z-453-04 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-453-04 Approved by me, Mayor of the City of Carmel, Indiana, this
_ day of , 2004, at .M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, lAMe, Clerk-Treasurer
Prepared by:
John R. Molitor
Carmel Plan Commission Attorney
One Civic Square
Carmel, IN 46032
Ordinance No. Z-453-04
67