HomeMy WebLinkAboutGeneral Ord Z-1 Establish Zone Plan
ZONING ORDINANC~
General Ordinance No~ Z-l
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AN ORDINANCE ESTABLISHING A ZONING PLAN FOR THE TOWN OF
CARMEL, INDIANA, FOR PLANNING AND ZONING, TO CONSERVE THE
VALUE OF PROPERTY AND TO THE ENO THAT ADEQUATE LIGHT,
AIR, CONVENIENCE OF ACCESS, AND SAFETY FROM FIRE AND OTHER
DANGERS MAY BE SECURED: THAT CONGESTION IN THE PUBLIC
STREETS MAY BE LESSENED OR AVOIDED: AND THAT THE PUBLIC
HEALTH, SAFETY, CONVENIENCE, COMFORT, A.ND GENERAL WELFARE
MAY BE PROMOTED IN A MANNER WHICH RECOGNIZES THE NEEDS OF
INDUSTRY AND BUSINESS IN THE FUTURE GROWTH OF THE TOWN ANn
WHICH WILL ENCOURAGE THE DEVELOPMENT OF HEALTHY SURROUNDINGS
FOR FAMILY LIFE IN RESIDENTIAL NEIGHBORHOODS: ALL IN ACCORD-
ANCE WITH A MASTER PLAN DESIGNED TO ASSURE EFFICIENCY AND.
ECONOMY IN THE PROCESS OF DEVELOPMENT OF THE TOWN FOR THE
PURPOSE OF: .-
(1) Classifying, regulating and limiting the height,
area, bulk and use of buildings and premises .
hereafter to be erected;
(2) Regulating and determining the area of front,
rear and side yards and other open spaces about
buildings;
(3) Regulating and determining the use and intensity
of use of land and lot areas;
(4) Classifying, reBulating and restricting the
I 0 cat i on of trade s, c a IIi n g s, in du s t r i e s .
commercial enterprises and the location of buildings.
designed for specified uses;
(5) Dividing the Tow~ into districts of such kind,
character, number, shape and area as may be
deemed necessary to carry out the purposes of
this ordinance.
AND FURTHERMORE PROVIDING
A BOARD OF ZONING APPEALS
DECISIONS OF SUCH A BOARD
FOR ITS ADMINISTRATION: CREATING
AND PROVIDING FOR REVIEW OF !HE
BY THE COURT.
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Be it ordained by the Town Board of Trustees of the Town of
Carmel, Indiana, under authority of Chapter 174, Acts of
19~7, and all acts a~endatory theretoi General Assembly of
the State of Indiana;' '
ARTICLE I. IN ,GENERAL
Section 1.
SHORT TITLE.
or amenda tory
'herea fter, as
This ordinance, and ordinances supplemental
thereto, shall be known, and may be cited
the "Zoning Ordinance of 1~57, Carmel, Indiaba".
Secti on 2.
IDENTIFICATION. Wherever the word~Town~ appears in this
ordinance, it shall be deemed to refer to the Town of Carmel.
Section 3.
INTERPRETATION. In interpreting and applying the provisions
of this ordinance, they shall be held to ;be the minimum re-
quirements for the promotion of the public health, safety,
morals, convenience and general welfare.
Section 4.
NON-INTERFERENCE WITH GREATER RESTRICTIONS OTHERWISE IMPOSED.
It is not intended by this ordinance to interfere with, or
abrogate or annul any easements, covenant's, or other agree-
ments between parties, nor to interfere with, or abrogate
or annul any ordinances, other than expressly repealed hereby,
rules, regulations, or permits previously adopted or issued, and
not in confli~t with any of the provisions of this ordinance,
or which shal) be adopted or provided, except, that where this
ordinance impnses a greater restrictio~ upon the use of
buildings orland, or upon the height of buildings, or
requires larger open spaces or greater lot area per family,
than are required by or imp~sed by such easements, covenants
or agreements between parties. or by such ordinanoes, rules,
regulations, or permits, the provisions of this ordinance
s hall con t r 01.
ARTICLE II. DISTRICTS AND ZONE MAPS
Section 1.
DISTRICTS. T~e Town ,of Ca~mel is hereby divided into seven (7)
districts in order to carry out the purposes of thisordinanc.
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The districts shall be known and designated throughout this
ordinance as follows:
Namp. of Di ~t.r'ict ,~p.~.i0~~J~.i o~ ~pr~~n~ftp.r
"A" Single-Family Residence District
"B" Single~Family and Two-Family
Residence District
"C" Multiple-Family Residence Distr,ct
"LB" Local Business District
"GB" General Business District
"I" Industrial District
"SC" Shopping Center District
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Section 2.
ZONE MAP. The Zone Map, dated 1957,is hereby declared to be
a part of this ordinance. The Zone Map shows the area~ included
in the above Districts. Notations, references,indications and
other matters shown on the Zone Map are as much a par~ of thi~
ordinance as if they were fully described in the text of this
ordinance.
Two copies of said Zone Map are on file in the office of the
Clerk-Tr~Bsurer of the Town of Carmel, Indiana.
Section 3.
DETERMINATION AND INTERPRETATION OF DISTRICT BOUNDARIES.
In determining the boundaries of districts, and establishing
the regulations applicable to each district, due and careful
consideration has been given to existing conditions, the
character of buildings erected in each district, the most
desirable use for which the land in each district may be
adapted, and the conservation of property values throughout
the Town.
Where uncertainty exists as to the exact boundaries of any
district as shown on the Zone Map, the following rules shall
apply:
a. In unsubdivided areas, or where a district boundary
subdivides a lot, the eXBct location of the boundary
shall be determined by use of the scale. of the Zone
Map. ..
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b. In the case of further uncert~inty, the Board of
Zoning Appeals shall interpret the intent of the
Zone Map as to the location of the boundary in
question.
Section 4.
PROCEDURE RELATING TO ANNEXED OR VACATED AREAS. Territory
which may hereafter be annexed to the Town shall immediately
be included in the "Au Single"'Family Residence District until
the required amendment to this ordinance has been adopted.
Whenever any street, alley, public way, railroad right-of-
way, waterway, or other similar area is vacated by proper
authority, the districts adjoini~g each side of such street,
alley, public way, railroad right-of-way, waterway, or similar
areas, shall be extended automatically to the center of such
vacation and all area included in the vacation shall then and
thenceforth be subject to all appropriate regulations of the
extended districts.
ARTICLE III.
GENERAL PROVISIONS & SPECIFICATIONS
Secti on L
USE. No building 6r land shall be used and no building shall
be erected, reconstructed or struct~rally altered, which is
arranged, intended or designed to be used for any purpose other
than a use which is permitted and specified in a district in
which such building or land is located.
Secti on 2.
HEIGHT. No building shall be erected, reconstructed or
structurally altered to exceed in height the limits established
and specified for the use and the district in which such building
is located. .
Secti on 3.
YARDS, 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 family, ground floor area of residential buildings,
or lot coverage regulations, establiShed and specified for the
use and the district in which such building is located.
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SPECIFICATIONS.
this ordinance.
ordinance.
The specifications which follow- the text of
are hereby declared to be a part of this
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Secti on 4.
LOTS. Every building hereafter erected shall be located on
a lot which fronts on a street or place.
Secti on 5.
VEHICLE PARKING SPACE: LOADING AND UNLOADING BERTHS. Every
building hereafter erected shall provide off-street parking
space for motor vehicles and loading and unloading berths as
specified hereinafter for the use to which such building is to
be devoted.
Section 6.
SPECIFICATIONS A
SPECIFICi\TIONS B
SPECIFICATIONS C
SPECIFICATIONS D
SPECIFICATIONS E
SPECIFICATIONS F
SPECIFICATIONS G
SPECIFICATIONS H
SPECIFICATIONS I
_ DEFINITIONS
_RESIDENTIAL USES
_ COMMERCIAL USES
_ INDUSTRIAL USES
_ CONTINGENT USES
_ CONDITIONAL USES
_ ".SC" SHOPPING. CENTER DISTRICT
VEHICLE PARKING SPACE
UNIT DEVELOPMENT PLAN
specifications B to E. inclusive. show the district or
districts in which the use. which is the subject of the
Specification. is permitted. and delineated the specifications
for:
Lot area Fer family
Width of lot
Height of Building
Vehicle parking space
Front, ~ide. rear and other yards
Lot coverage
Size o.f building
Vision cleara~ce
Accessory buildings and uses
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applicable t~th~ particular use in eaoh district where such
use is .authOrized.
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ARTICLE IV.
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NONCONFORMING USE SPECIFICATIONS
Secti on 1.
CONTINUATION THEREOF AND RECONSTRUCTIONS. The lawful use of
a building or premises. existing at the time of passage of
this ordinance, may be continued although such use does not
conform to all the provisions.of this ordinance. except as
tereinafter provided.
Secti on 2.
EXTENSION. A. nonconforming use may be extended throughout a
building provided no structural alterations are made therein,
except those required by law.
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Section 3.
CHANGE. A nonconforming use may be changed to another non-
conforming use of the same or greater restrictions. _provided
no structural changes are made in the building. Whenever a
nonconforming use has been changed to a conforming use or to a
use permitted in a district of greater restrictions. it shall
thereafter be changed to a nonconforming use of a lesS restricted
one.
Section 4.
ERECTION AND RE-ERECTION OF BUILDING. No building shall be
erected upon any premises devoted to a nonconforming.use,
and nO building located upon any such premises, which has been
damaged by fire or other causes to the extent of more than
seventy-five (75) per cent of its appraised valuation, shall
be repaired or rebuilt, except in conformity with regulations
of thi s ordina.nce.
Section 5.
TEMPORARY PERMITS. The Board of Zoning AppealS may authorize,>
by written permit. in a residence distriot for a period of not
more than one (1) year from the date of such permit. a temporary
building for commercial or industrial use' incidental to the
residential construction and development of said district.
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Section 6.
RIGHT TO CONSTRUCT IF PERMIT ISSUED. Nothing herein con-
tained shall require any change inthe plans, construction
or designated use of a building for which a building permit
has been heretofore issued and the construction of which has
been diligently prosecuted within ninety (90) days of the
date of such permit and whi~h entire building shall be completed
according to such plans. as filed within three (3) years from
the date of passage of this ordinance.
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Section 7.
USE TO CONFORM AFTER DISCONTINUANCE. In the event that a
nonconforming use of any building or premises is discontinued
for a period of two (2) years; the ~se.of the same shall there-
inafter conform to tbe usespermitteddn the district in which
it is located.
Section 6.
DISCONTINUANCE OF NONCONFORMING USE OF LAND. The lawful use
of land for open storage purposes, which does not conform to
the provisions of this ordinance. shall be discontinued within
five (5) years from the date of passage of this ~rdinance.
and the use of land for storage purposes. which may become a
nonconforming use by reason of an amendment to this ordinance,
shall be discontinued within five (5) years from the date .of
passage of such amendment.
Section 9.
NONCONFORMING USE CREATED BY AMENDMENT. These provisions
apply in the same manner to a use which may become a'nonconforming
use due to a later amendment to this ordinance.
ARTICLE V. ADMINISTRATION
Section 1.
ENFORCEMENT BY WHOM. The Building Commissioner is hereby
designated and authorized to enforce this ordinance.
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Secti on 2.
PLATS. Each application for an Improvement Location Permit
shall be accompanied by a plat, in duplicate, drawn to
scale, showing the actual dimensions of. the lot to be built
upon, the size of the building to be erected, reconstructed
or structurally altered, and such other information as shall be
necessary to provide for the enforcement of this ordinance. A
careful record shall be kept of all such applications and plats.
in the office of the Buil~ing Commissioner.
Secti on 3.
CERTIFICATE OF OCCUPANCY.
A. No land shall be occupied or used and no building here~
after erected, reconstructed or structurally altered
shall be occupied or used, in whole or in part, for any
purpose whatsoever, until a Certificate of Occupancy
shall have been issued by the Building Commissioner
stating that the Building and use complY with all of
the provisions of this ordinance applicable to the
building or premises or the use in the district in
which it is to be located.
B. No change in use shall be made in any building or part
thereof, now or hereafter erected, reconstructed or
structurally altered, without a Certificate of Occupancy
having been issued by the Building Commissioner, and no
such permit shall be issued to make such change unless
it is in conformity with the provisions of this ordinance.
C. Certificate of Occupancy shall be applied for coin-
cidentallY with ilie application for an Improvement Loca-
tion Permit and shall be issued within ten (10) days
after the lawful erection. reconstruction or structural
alteration of such building shall have been com~le~ed.
D. A record of all Certificates of Occupancy shall be
kept on file in the 9ffice of the Building Commissioner
and copies shall be furnished upon request to any person
having a proprietary or tenancy interest in the building
or land affected. A fee of one dollar ($1.00) shall
be charged for each original certificate and fifty (50)
cents for each copy thereof. .
E. No Improvement Location Permit shall be issued for
excavation or for the erection, reconstruction or
structural alteration ~f any bu~lding, before applica-
tion has been made for a Certificate of Occupancy.
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ARTICLE VI. BOARD OF ZONING APPEALS
Section 1.
ES TA BLIS HMENT.
A Board of Zoning Appeals is hereby established in accordance
with Chapter 174, Acts of 1947 of the Indiana General Assembly
and all acts amendatory thereto.
Section 2.
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COMPOSITION AND APPOINTMENT.
The Board shall be composed of five (5) members all of whom
shall be residents of the Town and none ofwhom shall hold
other elective or appointive office, except that two (2) of
the five (5) members shall be appointed from the Town Plan.
Commission's citizen membership. Of the. original five (5)
members residing in the city, two (2) shall be appointed to
serve for four (4) years; one for three (3) years; one for two
(2) years; and one for one (1) year. Terms of these members
shall expire on the first day of January in the year in which
t~eir original appointments terminate. Thereafter as the terms
expire. each new appointment shall be for a term of four (4)
years. All members of the Board shall be appointed by the
President of the Town Board of Trustees. ..
Section 3.
ORGANIZATION.
At the first meeting of each year, the Board shall elect a
Chaiiman and a Vice-Chairman from among its members, and it
may appoint and fix the compensation of a secretary and such
employees as are necessary for the discharge of its duties,
all in conformity to and compliance with salaries and compensa-
tions theretofore fixed by the Town Board of Trustees. ..
Section 4.
RULES OF PROCEDURE.
The Board shall adopt rules and regulations as it may deem
necessary to effectuate the provisions of'this ordinance.
Section 5.
MEETINGS AND RECORDS.
All meetings of the Board shall be open to the public. The
Board shall keep minutes of its proceedings, keep records ~f
its examinations and other official actions, preparefindlngs
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and record the vote of each member voting upon each question.
All minutes and records shall be filed in the office' of the
Board and shall be a public record.
Secti on 6.
APPEALS FROM BUILDING COMMISSIONER.
Any decision of the Building Commissioner made in enforcement
of this ordinance may be appealed to the Board of Zoning
Appeals by any person claiming to be adve~selY affected by
such decision.
Section 7.
POWERS AND DUTIES OF THE BOARD.
A. The Board shall have the following powers and it
shall be its duty to: I
(1) Hear and determine appeals from and review any
order, requirements, decision or determination
made by the Building Commissioner in the enforcement
of this ordinance.
(2) Hear and decide on permits for conditional uses,
development plans or other uses upon which the
Board is required to act under this ordinance.
(3) Authorize upon appeal in specific cases such
variance from the terms of this ordinance as will
not be contrary to the public interest, where
owing to special conditions, fullY demonstrated
on the basis of the facts presented, a literal
enforcement of the provisions of this ordinance
will result in unnecessary hardship, and so that
the spirit of this ordinance shall be observed
and substantial justice done.
B. In exercising its powers. the Board may reverse or
affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from
as in its opinion ought to be done in the premises,
and to that end shall have all the powers of the
Building Commissioner from whom the appeal is taken.
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Section 6.
RESTRICTIONS ON BOARD ACTION.
.A. Eve~y decislon of the Board shall be subject to review
by certiorari.
B. No variance in the application of the provlSlons of this
ordinance shall be made by the Board relating to buildings.
land or premises now existing o~ to be constructed, .
unless after a public hearing, the Board shall find that
such variance will not:
(1) Alter the land use characteristics of the district.
(2) Impair the adequate supply of light and air to
adjace'nt property.
(3) Increase the hazard from fire, flood and othe~
dangers to sai~ property.
(4) Diminish the marketable value of adjacent lands and
buildings.
(5) Increase the congestion in the public street~.
(6) Otherwise impair the public heal~h. safety, con-
venience. comfort or general welfare. .
ARTICLE VII.
Section 1.
AMENDMENTS
All amendments to this ordinance shall be in conformance with
the provisions of Chapter 174, Acts of 1947. General Assembly
of Indiana, and all acts amendatory thereto. Any proposed
amendment shall be submitted to the Town Plan Commission for
report and recommendation prior to any action thereon by the
Town Board of Trustees. If the Town Plan Commission recommends
against the enactment of any proposed amendment, it shall become
effective only by a three-fpurths vote of the Town Board of
Trustees.
ARTICLE ~III. REMEDIES
Section 1.
REMEDIES. The Town Plan Commission, the Board of Zoning
Appeals, the Building Commissioner, or any designated enforcement
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official, or any person or persons, firm or corporation jointly
or severally aggrieved, may institute a suit for injunction
in the Circuit Court of Hamilton County to restrain an individual
or a governmental unit from violating the provisions of this
ordinance. The Town Plan Commission or the Board of Zoning
Appeals may also institute a suit for mandatory injunction
directing any individual, a corporation or a governmental unit
to remove a s~ructure erected in violation of the provisions
of this ordinance. Any building, erected. raised, or converted,
or land or premises used in vi~lation of any provisions of this'
ordinance or the requirements thereof, is hereby declared to be
a common nuisance and as such may be ~bated in such manner as
nuisances are now or may hereafter be abated und~r existing law..
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ARTICLE IX.
AVAILABILITY FOR ~UBLIC INSPECTION
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Secti on 1.
DUTY OF THE CLERK-TREASURER. The Clerk-Treasurer of the Town of
Carmel, Indiana, is hereby directed to keep on file two copies
hfthe Zone Map referred to in Article II, Section 2, and of the
~pecifications referred to in Article III, Sectio~ 6, and said Map
and Specifications shall be available for public inspection during
all regular office hours of the said Clerk-Treasurer.
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ARTICLE X;
VALIDITY
Secti on 1.
INVALIDITY OF PORTIONS. Should any Article, Section or Pro-
vision of this ordinance be declared, by a court of competent
jurisdiction, to be invalid. such decision shall not affect the
~alidity of tbe ordinance as a whole, or any portion thereof,
~ther than ~he portion so declared to be invalid..
'Section 2.
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WHEN EFFECTIVE. Jhis ordinance shall be in full effect from
and after its passage. approval and publication according to law.
.Passed by the Town Board of Trustees of the Town of Carmel,
Indiana. on this 3rd day of December, 1957.
E. K. Hinshaw /s/
'.Pr.esldent -
:A t t est :
Martha Ferrin /s/
:Clerk-Treasurer
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If used not integral
with pavement
INTEGRAL
OR
ROLLED
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GUTTER
B.
.' .q, J
<0
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t
COMSINED CURB a GUTTER
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