HomeMy WebLinkAboutPacket for PC 06-17-25City of Carmel
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: June 6, 2025
To: Plan Commission Members
From: Mike Hollibaugh
Re: Docket No. 2025-00104 OA
Docket No. PZ-2025-00104 OA: Certificate of Occupancy UDO Amendment
The applicant seeks to amend Unified Development Ordinance Sections 9.02 and 11.02 to
revise the Certificate of Occupancy standards and associated definitions related to changes in
occupancy.
Proposed Amendments Summary :
This amendment modernizes and updates UDO Section 9.02 Certificate of Occupancy to:
a. Better reflect the practices DOCS utilizes today to inspect and monitor construction,
and
b. Create a ‘Change of Occupancy Permit’ requirement for existing buildings.
The amendment also proposes new terms in Section 11.02 Definitions intended to support
the substantive changes to 9.02.
The proposed “Inspection” language intends to better communicate existing DOCS procedures
for construction inspection at key milestones between the time a building permit is issued and
the scheduling of a final inspection. The purpose here is to firm up the ordinance foundation
upon which the building safety and inspection program is based.
The purpose of a Change of Occupancy Permit is to ensure any proposed new commercial use
complies with a subject property’s zoning district as well as to ensure minimum building and
fire safety standards for the new commercial use are met. This new permit is supported by the
Building Safety office and the Carmel Fire Marshall.
It will apply to Business, Redevelopment and Industrial Zoning Districts. The proposed Change
of Occupancy Permit will only be required when a commercial tenant space or the use of a
Class I building is changed but no other permits are required.
A Change of Occupancy Permit will not be required if the tenant or property owner has
applied for a Commercial Remodel or Tenant Finish Permit.
It's also expected that new requirements, adopted by the State of Indiana in 2025 concerning
private inspections, may be discussed due to their potential effect on this UDO section.
Sponsor: Councilors Minnaar, Joshi and Ayers 1
ORDINANCE Z-6XX-25 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE 3
CITY OF CARMEL, INDIANA 4
___________________________________________________ 5
An Ordinance updating the procedure for a Certificate of Occupancy and creating a 6
Change of Occupancy standard in the Unified Development Ordinance. 7
8
Synopsis: 9
This ordinance updates the inspection and Certificate of Occupancy procedures and 10
creates standards for a Change of Occupancy inspection 11
12
WHEREAS, Carmel’s Unified Development Ordinance, the (“UDO”) was adopted by the City 13
Council in 2017, via ordinance Z-625-17, a significant update to the community’s land use regulation 14
program; and 15
WHEREAS, the UDO has established a procedure for construction permitting and requiring a 16
Certificate of Occupancy for all buildings and commercial spaces; 17
WHEREAS, Carmel’s Office of Building Safety and Carmel Fire Department have identified a 18
need to update that procedure allowing an inspection to confirm a proposed commercial use meets 19
minimum building and fire safety standards when no improvement location permit is currently required; 20
and 21
WHEREAS, pursuant to Indiana Code § 36-7-4-602, the Common Council has the authority to 22
amend the text of the UDO; and 23
WHEREAS, it is in the interest of the citizens of the City of Carmel to amend the text of the UDO 24
to update inspection requirements for a Certificate of Occupancy and to create a Change of Occupancy 25
program to benefit the health safety and welfare of Carmel residents and the general public. 26
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, 27
Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. PZ-2025-00104 OA having received 28
a _______ recommendation from the Carmel Advisory Plan Commission on Tuesday, __________, 2025, 29
hereby adopts this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-625-30
17, as amended), to read as follows: 31
32
Section I: Amend Article 9: Processes, Section 9.02: Certificate of Occupancy, as follows: 33
34
9.02 Certificate of Occupancy 35
The following procedure applies to Certificates of Occupancy: 36
37
A. Certificate Requirements: It shall be unlawful and in violation of the Unified Development Ordinance 38
for any builder or property owner to allow any new or significantly remodeled (as determined by the 39
Building Safety Official or Planning Administrator) structure to become occupied or utilized prior to: 40
1. Legally obtaining an Improvement Location Permit. 41
2. Completing all required inspections, including the final inspection; and 42
3. Receiving a Certificate of Occupancy from the Building Safety OfficialPlanning Administrator. 43
44
B. Change in Occupancy: It shall be unlawful and in violation of the UDO for a builder or property 45
owner to allow a change of tenant or change of use of a cCommercial bBuilding or Tenant Space 46
without first: 47
1. Receiving a determination from the Indiana Department of Homeland Security. 48
2. Obtaining the applicable Improvement Location Permit. 49
3. Completing any required inspections, including the final inspection; and, 50
4. Receiving a Certificate of Occupancy from the Building Safety Official. 51
52
BC. Inspections: The Director shall initiate a construction inspection program to ensure the health, 53
safety and welfare of residents and the public, including the following: 54
1. After the issuance of a building permit, the Building Safety Official shall make, or shall cause to 55
be made, inspections of the work as are necessary to assess progress and ensure compliance with 56
the provisions of this article, with Carmel City Code Chapter 7 and the terms of the permit. 57
2. Reinspection of work found to be incomplete or non-compliant are subject to assessment of late 58
fees or reinspection fees as prescribed in Article 1, Section 1.29, as amended 59
1.3.Upon the completion of the work approved through an Improvement Location Permit, the permit 60
holder shall contact the Building Safety Official Planning Administrator and schedule a final 61
inspection to verify the installation of improvements consistent with the requirements of the 62
Carmel City Code Chapter 7 and the Unified Development Ordinance. The City Engineer, 63
Building Fire Official, any other municipal official, and any other person requested by the 64
Building Safety Official Planning Administrator may also take part in the inspection. 65
CD. Certificate Issuance: The Building Safety Official Planning Administrator shall issue the Certificate 66
of Occupancy if the improvements comply with all applicable requirements of the City of Carmel, 67
including the Unified Development Ordinance and all applicable building codes as verified by the 68
Building Safety Official. The Planning Administrator may also issue a A conditional limited or 69
temporary Certificate of Occupancy may be issued at their discretion of the Director. 70
71
Section II: Amend Article 11: Definitions, Section 11.02: Definitions, by adding the following terms: 72
73
Building, Commercial: any structure used for business or non-residential activities, such as 74
offices, retail, industrial, hospitality, educational, or healthcare facilities 75
76
Building Safety Official: A designee of the Director of Community Services authorized to carry 77
out the City’s building permit and inspection program as provided in Article 1 of the City of 78
Carmel Unified Development Ordinance 79
80
Tenant Space: a portion of a cCommercial bBuilding or business property leased to a single 81
tenant, typically with its own entrance and separated from other tenant spaces by walls 82
83
84
Section III: The Common Council hereby delegates Department of Community Services to correct and 85
codify numbering, pagination, cross-references, table of contents, Appendices, and land use matrix of the 86
Unified Development Ordinance affected by this Ordinance. 87
Section IV: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are 88
hereby repealed. 89
Section V: This Ordinance shall be in full force and effect from and after its passage and signing by the 90
Mayor. 91
ADOPTED by the Common Council of the City of Carmel, Indiana this ________ day of 92
______________________ 2025, by a vote of _________ ayes and ________ nays. 93
94
COMMON COUNCIL FOR THE CITY OF CARMEL 95
96
___________________________________ 97
Adam Aasen, President Matthew Snyder, Vice President 98
99
__________________________________ _______________________________ 100
Teresa Ayers Anthony Green 101
102
_________________________________ ______________________________ 103
Anita Joshi Ryan Locke 104
105
____________________________ ______________________________ 106
Shannon Minnaar Rich Taylor 107
108
___________________________________ 109
Jeff Worrell 110
111
ATTEST: 112
113
114
_____________________________________ 115
Jacob Quinn, Clerk 116
117
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 118
_________________________ 2025, at _______ __.M. 119
120
____________________________________ 121
Jacob Quinn, Clerk 122
123
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 124
2025, at _______ __.M. 125
126
___________________________________ 127
Sue Finkam, Mayor 128
129
ATTEST: 130
131
__________________________________ 132
Jacob Quinn, Clerk 133
134
prepared by: Michael Hollibaugh, Director DOCS, One Civic Square, Carmel, IN 46032 135