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HomeMy WebLinkAboutOrdinance_REDLINE Revised 06-26-25 1 6/26/2025 SPONSOR(S): ___________ 1 2 ORDINANCE Z-____-__ 3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 4 INDIANA, AMENDING THE UNIFIED DEVELOPMENT ORDINANCE 5 Synopsis: This Ordinance amends Article 5.72 of the Unified Development Ordinance (the 6 “UDO”) to require that the applicant obtain a license from either the Indiana Division of Mental 7 Health and Addiction or the Indiana Division of Disability and Rehabilitative Services. 8 Additionally, it amends Article 9.08 of the UDO to grant the Board of Zoning Appeals the 9 exclusive authority to approve or deny special use exceptions for Group Homes rather than a 10 Hearing Officer. Article 9.08 is also amended to limit the number of unrelated residents of a 11 Group Home to not more than eight (8) persons. Finally, it amends Article 11.02, specifically the 12 definition of “Group Homes,” to require that they must be licensed Indiana Department of 13 Mental Health and Addiction or the Indiana Division of Disability and Rehabilitative Services, 14 and amends the definition of “Dwelling, Two Family” to expressly exclude Group Homes. 15 WHEREAS, pursuant to Ind. Code §36-7-4-607 the Common Council of the City of 16 Carmel (the “Common Council”) is authorized to amend the text of the Unified Development 17 Ordinance; and 18 WHEREAS, Article 5.72 of the Carmel Unified Development Ordinance provides Use-19 Specific Standards for Group Homes; and 20 WHEREAS, the Common Council desires to amend the text of Article 5.72 of the Carmel 21 Unified Development Ordinance to require Group Homes housing persons with developmental 22 disabilities and Group Homes housing persons with psychiatric disorders or addictions to obtain 23 and maintain licenses with Indiana Division of Disability and Rehabilitative Services or the 24 Indiana Division of Mental Health and Addiction, respectively; and 25 WHEREAS, the Common Council also desires to amend the text of Article 5.72 of the 26 Carmel Unified Development Ordinance to restrict the number of Group Homes permitted within 27 a specific geographic area; and 28 WHEREAS, the Common Council desires to amend the text of Article 9.08 of the Carmel 29 Unified Development Ordinance so that Special Exceptions for Group Homes are approved 30 exclusively by the Board of Zoning Appeals, with the opinion of the Director of Community 31 Services functioning solely as a staff recommendation; and 32 WHEREAS, the Common Council desires to limit the number of unrelated residents of a 33 Group Home to not more than eight (8) persons; and 34 WHEREAS, the Common Council desires to amend the text of Article 11.02 of the Carmel 35 Unified Development Ordinance to provide that Group Homes housing persons with 36 Developmental Disabilities must be licensed by the Indiana Division of Disability and 37 Rehabilitative Services and that Group Homes housing persons with psychiatric disorders or 38 addictions are licensed by the Indiana Division of Mental Health and Addiction; and 39 2 6/26/2025 WHEREAS, pursuant to Common Council Resolution No. CC-02-03-25-07, the City’s 40 Advisory Plan Commission (the “Commission”) received the Common Council’s proposal to 41 consider and provide a recommendation to the Common Council regarding the proposed 42 amendment to the Special Exception procedures; and 43 WHEREAS, pursuant to Ind. Code §36-7-4-604, the Commission held a public hearing 44 regarding Docket No. PZ-2025-00101 OA on June 17, 2025, after providing public notice thereof 45 as required by law; and 46 WHEREAS, after conducting the public hearing and further consideration in the Plan 47 Commission Committee, the Commission voted to make the following recommendation as 48 evidenced by the certification attached hereto as Exhibit A; and 49 WHEREAS, the Common Council now desires to adopt the Amendment in the form 50 included in this Ordinance. 51 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE 52 CITY OF CARMEL, INDIANA AS FOLLOWS: 53 Section I. Recitals Incorporated. The foregoing recitals are incorporated herein by this 54 reference. 55 Section II. Amend Article 5.72 US-26: Group Home Use-Specific Standards as follows: 56 A. Purpose: It is the purpose of this Section to benefit the general public by minimizing 57 adverse impacts on established residential neighborhoods in the City and the owners and 58 residents of properties in these neighborhoods which may result from the conversion of 59 residential properties to business or institutional uses. However, it is also the purpose of 60 this Section to provide that the City may not refuse to make a reasonable accommodation 61 for a Group Home whenever such an accommodation would not impose undue financial or 62 administrative burdens on the City or require a fundamental alteration in the 63 Comprehensive Plan. 64 65 B. Special Exception Eligibility: A Dwelling located in a residential district may be used as a 66 Group Home only if the owner or occupant applies for and is granted a Special Exception, 67 pursuant to Section 9.08: Special Exception (Group Homes and Short-Term Residential 68 Rentals) hereof. 69 70 C. Required Information for Application: Both the initial application and any renewal 71 application for a Special Exception or Improvement Location Permit for a Group Home 72 shall contain primary and secondary emergency contact information, including mailing 73 address, phone number or email address. Upon approval of a Special Exception, emergency 74 contact information shall be shared with the Carmel Police Department. Group Homes 75 housing persons with developmental disabilities shall obtain, comply with, and maintain a 76 license or certification from the Indiana Division of Disability and Rehabilitative Services 77 which shall be included in its initial application. Group Homes housing those living with 78 psychiatric disorders or addictions shall obtain, comply with, and maintain a license or 79 3 6/26/2025 certification from the Indiana Division of Mental Health and Addiction, which shall be 80 included in its initial application. 81 82 D. Limitations: 83 a. No Group Home in an S1, S2, R1, R2, R3, R4, R5 or UR district shall provide 84 housing for more than eight (8) unrelated persons. 85 b. The term of a Special Exception permit granted to a Group Home shall be for five 86 (5), ten (10), or fifteen (15) years, at the discretion of the Board of Zoning Appeals. 87 The grant of a Special Exception permit provides an exception only to the other 88 requirements of the Unified Development Ordinance. It does not confer a right to 89 lease, sublease, or otherwise use a Dwelling as a Group Home where such use is 90 not otherwise allowed by law, a homeowners association agreement or 91 requirements, any applicable covenant, condition, and restriction, a rental 92 agreement, or any other restriction, requirement, or enforceable agreement. 93 c. Nothing in this Section shall relieve any person of the obligations imposed by any 94 and all applicable provisions of Federal and State laws and the Carmel City Code, 95 including but not limited to those obligations imposed by Indiana tax laws and 96 rules. Further, nothing in this Section shall be construed to limit any remedies 97 available under any and all applicable provisions of Federal or State law and the 98 Carmel City Code. 99 100 E. Reasonable Accommodation: After formal acceptance of an application for a Special 101 Exception for a Group Home, and upon request from the Applicant, the Director of 102 Community Services shall review the application for the purpose of determining whether 103 it would be a reasonable accommodation for the City to grant the Special Exception in 104 order to provide the residents who would be provided services at the Group Home with 105 access to housing that is equal to that of residents who are not in need of such services. In 106 addition to the items listed in Section 9.08(C): Basis of Review hereof, the Director of 107 Community Services shall consider the following: 108 1. Proximity of other Group Homes to the proposed site; 109 2. The number of unrelated persons who will be living in the Group Home, and 110 whether any professional support staff will also be residing there; 111 3. In addition to any residents’ cars, if more than two (2) staff cars will be parked at 112 the Group Home, and whether they will be marked; 113 4. If the Dwelling, existing, modified or new, is similar in design, materials and 114 landscaping as other adjacent and nearby Dwellings; 115 5. Any other exterior indication that the Dwelling will be inhabited by Group Home 116 residents; 117 6. Any undue financial or administrative burdens that would be imposed on the City; 118 and 119 7. If a fundamental alteration in the Comprehensive Plan would be required. 120 Based upon this review, the Director of Community Services may support or oppose 121 the granting of the Special Exception. 122 4 6/26/2025 123 Section III. Amend Article 9.08(A) General Information as follows: 124 A. General Information: Except for Short-Term Residential and Short-Term Non -Dwelling 125 Rental renewal applications, Special Exception approval by a Hearing Officer of the Board 126 of Zoning Appeals shall be necessary prior to the establishment of a Special Exception, 127 cited by the district regulations herein, or the issuance of an Improvement Location Permit 128 for said Special Exception. A Special Exception shall be considered as an exception to the 129 uses allowed under the Unified Development Ordinance, and thus the original application 130 for a Special Exception shall not generally be entitled to favorable consideration, except as 131 follows: 132 1. A proposed Group Home that complies with the requirements of Article 5.72 where 133 not more than eight (8) unrelated persons will be residents shall generally be 134 entitled to favorable consideration; 135 2. A proposed Group Home that complies with the requirements of Article 5.72 where 136 more than eight (8) unrelated persons will be residents not less than nine (9) nor 137 more than twelve (12) eight (8) or more unrelated persons will be residents shall 138 generally be entitled to favorable consideration, so long as the application is not 139 opposed by the Director of Community Services; 140 3. A proposed Group Home where thirteen (13) or more unrelated persons will be 141 residents shall be entitled to favorable consideration only if the application is 142 supported by the Director of Community Services. 143 Any application for the renewal of a Special Exception that complies with the 144 requirements of Article 5.72 shall generally be entitled to favorable consideration, so 145 long as it is not opposed by the Director of Community Services. A Hearing Officer 146 The Board of Zoning Appeals shall have discretion whether to approve or deny each 147 Special Exception application, with his or her its decision to be based on the basis for 148 review criteria established herein and special and unique conditions pertinent to the 149 site. 150 B. Procedure: 1. Procedure Generally: Whenever an application for a Special Exception 151 within the planning jurisdiction is made, it shall follow the procedure set forth herein 152 and shall conform to the regulations and requirements of the Unified Development 153 Ordinance. 154 2. Consultation with the Director of Community Services and Application: Applicants 155 shall meet with the Director of Community Services to review the zoning 156 classification of their site, review the regulatory ordinances and materials, review the 157 Special Exception procedures, and examine the proposed exception and development 158 of the property. The Director of Community Services shall aid and advise the 159 applicant in preparing the application and supporting documents as necessary. The 160 Director of Community Services will inform the applicant that the Group Home 161 building must meet the Indiana Department of Homeland Security's building 162 classification requirements. The applicant shall then submit the application form and 163 all necessary supporting documents and materials. 164 5 6/26/2025 3. Initial Review by the Director of Community Services: Docketing on Board of Zoning 165 Appeals Hearing Officer Agenda: Following the receipt of the application and 166 necessary supporting documents and materials by the Director of Community 167 Services, the Director shall then review the materials solely for the purpose of 168 determining whether the application is complete and in technical compliance with all 169 applicable ordinances, laws, and regulations, and therefore entitled to be forwarded 170 to the Board of Zoning Appeals. If the materials submitted by the applicant are not 171 complete or do not comply with the necessary legal requirements, the Director of 172 Community Services shall inform the applicant of the deficiencies in said materials. 173 Unless and until the Director of Community Services formally accepts the Special 174 Exception application as complete and in legal compliance, it shall not be considered 175 as formally filed for the purpose of proceeding to succeeding steps toward Special 176 Exception approval as hereinafter set forth. Within thirty (30) days of the formal 177 acceptance of the application by the Director of Community Services, the Director 178 shall formally file the application by placing it upon the agenda of a the Board of 179 Zoning Appeals Hearing Officer, according to the Rules of Procedure of the Board 180 of Zoning Appeals. 181 4. Short-Term Rentals Renewal Applications. Short-Term Residential and Short-Term 182 Non-Dwelling Rental renewal applications shall be docketed, filed with, and placed 183 on the agenda of the Hearing Officer for the public hearing according to the Rules 184 of Procedure of the Board of Zoning Appeals. The same rules for public hearing, 185 basis of review and approval/denial, and re-application shall apply for Short-Term 186 Residential and Short-Term Non -Dwelling Rental renewal applications as initial 187 application for Special Exception. 188 5. Public Hearing: Once the Director of Community Services has accepted and filed 189 the application with The Board of Zoning Appeals a Hearing Officer, a docket 190 number shall be assigned and a date and time set for a public hearing by The Board 191 of Zoning Appeals Hearing Officer, according to the Rules of Procedure of the Board 192 of Zoning Appeals. The applicant shall be responsible for the cost and publication 193 of any required published legal notification of the public hearing. The applicant shall 194 also notify all interested parties and property owners as required by the Rules of 195 Procedure of the Board of Zoning Appeals; however, notice by publication shall not 196 be required for the renewal of a Special Exception. The conduct of the public hearing 197 shall be in accordance with the Board of Zoning Appeals Rules of Procedure. 198 6 Approval or Denial of the Special Exception Application: Upon approval of a Special 199 Exception, the Board of Zoning Appeals Hearing Officer shall inform the applicant 200 that the applicant may apply to the Director of Community Services for 201 Improvement Location Permits (if necessary) or may commence the Special 202 Exception if no permits are required. Failure of the Hearing Officer Board of Zoning 203 Appeals to inform the applicant of the time limits set forth in Section 5.72(D): 204 Limitations, Section 5.73(D): Limitations or Section 5.74(D): Limitations, as 205 applicable, shall not relieve the applicant of complying with said Section or 206 6 6/26/2025 otherwise complying with all applicable Federal and State laws, rules, and 207 regulations. 208 7. Appeal of Hearing Officer Decision: A Short-Term Residential and Short-Term Non -209 Dwelling Rental renewal application decision of a Hearing Officer shall not be a 210 basis for judicial review, but it may be appealed to the Board of Zoning Appeals. 211 The Board of Zoning Appeals shall conduct a new hearing on the matter and shall 212 not be bound by any Findings of Fact made by the Hearing Officer. A person who 213 wishes to appeal a decision of the Hearing Officer must file the appeal with the 214 Board of Zoning Appeals within five (5) days after the decision is made, as provided 215 in I.C. 36-7-4-924. 216 8. Time Limit for Re-Application: A Special Exception application that is denied by the 217 Board of Zoning Appeals is ineligible to be placed again on an agenda for 218 consideration until the legality of the decision is finally determined by a court, 219 pursuant to judicial review according to the Advisory Planning Law, or for a period 220 of twelve (12) months following the date of the denial, whichever is later. In 221 addition, whenever a Special Exception application is denied, the property involved 222 in the application shall not be the subject of a different Special Exception 223 application, or any use variance or rezone proposal, for a period of six (6) months 224 following the date of the denial. 225 C. Basis of Review: A Hearing Officer, The Board of Zoning Appeals, in reviewing a 226 Special Exception application, shall give consideration to the particular needs and 227 circumstances of each application and shall examine the following items as they relate 228 to the proposed Special Exception: 229 1. Surrounding zoning and land use; 230 2. Access to public streets; 231 3. Driveway and curb cut locations in relation to other sites; 232 4. Parking location and arrangement; 233 5. Trash and material storage; 234 6. Necessary exterior lighting; and 235 7. Protective restrictions and/or covenants; and 236 8. (Group Homes only) Proximity and number of other Group Homes to the 237 proposed site. 238 D. Basis of Approval or Rejection: A Hearing Officer The Board of Zoning Appeals, in 239 approving or rejecting a Special Exception application, shall base his or her its decision 240 upon the following factors as they relate to the above listed items (Section 9.08(C): 241 Basis of Review) concerning the proposed Special Exception: 242 1. The economic factors related to the proposed Special Exception, such as cost/benefit 243 to the community and its anticipated effect on surrounding property values; 244 7 6/26/2025 2. The social/neighborhood factors related to the proposed Special Exception, such as 245 compatibility with existing uses in the vicinity of the premises under consideration 246 and how the proposed Special Exception will affect neighborhood integrity; and 247 3. The effects of the proposed Special Exception on vehicular and pedestrian traffic in 248 and around the premises upon which the Special Exception is proposed. 249 E. Special Exception Group Home Decisions; Commitment: Pursuant to IC 36-7-4-1015, 250 a Hearing Officer the Board of Zoning Appeals may, as a condition to any approval of 251 an application for a Special Exception, require or allow the owner to make any or all of 252 the following commitments concerning the use of the property: 253 1. That the Special Exception will fully comply with Section 5.72 Group Home Use 254 Specific Standards. 255 2. That the Special Exception will be limited to five (5), ten (10), or fifteen (15) years, 256 at the discretion of the Board of Zoning Appeals Hearing Officer. 257 3. If the Board of Zoning Appeals Hearing Officer determines that a homeowners 258 association or similar entity has established limitations or prohibitions that apply to the 259 property, that the owner’s implementation of the Special Exception will not result in 260 the violation of any such limitations or prohibitions. 261 F. Special Exception Short-Term Residential Rental Decisions; Commitment: Pursuant to 262 IC 36-7-4-1015, a Hearing Officer the Board of Zoning Appeals may, as a condition to 263 any approval of an application for a Special Exception, require or allow the owner to 264 make any or all of the following commitments concerning the use of the property: 265 1. That the Special Exception will fully comply with Section 5.73: Short-Term Rental 266 Use-Specific Standards. 267 2. That the Special Exception will be limited to thirty (30), sixty (60), or ninety (90) 268 days during a calendar year, at the discretion of a Hearing Officer the Board of 269 Zoning Appeals. 270 3. If a Hearing Officer the Board of Zoning Appeals determines that a homeowners 271 association or similar entity has established limitations or prohibitions that apply to 272 the property, that the owner’s implementation of the Special Exception will not 273 result in the violation of any such limitations or prohibitions. 274 G: Special Exception Non-Dwelling Short-Term Rental Decisions; Commitment: Pursuant 275 to IC 36-7-4-1015, a Hearing Officer the Board of Zoning Appeals may, as a condition 276 to any approval of an application for a Special Exception, require or allow the owner to 277 make any or all of the following commitments concerning the use of the property: 278 1. That the Special Exception will fully comply with Section 5.74: Non-Dwelling 279 Short-Term Rental Use-Specific Standards. 280 8 6/26/2025 2. That the Special Exception will be limited to thirty (30), sixty (60), or ninety (90) 281 days during a calendar year, at the discretion of a Hearing Officer the Board of 282 Zoning Appeals. 283 3. If a Hearing Officer the Board of Zoning Appeals determines that a homeowners 284 association or similar entity has established limitations or prohibitions that apply to 285 the property, that the owner’s implementation of the Special Exception will not 286 result in the violation of any such limitations or prohibitions. 287 Section IV. Amend Article 11.02 Definitions as follows: 288 Home, Group: A residential Structure or facility where six (6) or more unrelated persons who 289 are in need of care, support or supervision can live together, such as children or those who are 290 elderly, disabled or mentally ill. Group Homes housing persons with developmental disabilities 291 shall obtain, comply with, and maintain a license from the Indiana Division of Disability and 292 Rehabilitative Services. Group Homes housing those living with psychiatric disorders or 293 addictions shall obtain, comply with, and maintain a license from the Indiana Division of 294 Mental Health and Addictions 295 Dwelling, Two-Family. residential Building containing two (2) Dwelling Units and not 296 occupied by more than two (2) Families. Except as otherwise provided by state statute, a Group 297 Home shall not be considered a Two-Family Dwelling and treated as such under the Unified 298 Development Ordinance. 299 300 9 6/26/2025 PASSED, by the Common Council of the City of Carmel, Indiana, this _________ day of 301 _________________, 2025, by a vote of _____ ayes and _____ nays. 302 303 COMMON COUNCIL FOR THE CITY OF CARMEL 304 305 _______________________________ ______________________________ 306 Adam Aasen, President Matthew Snyder, Vice-President 307 308 ______________________________ ______________________________ 309 Jeff Worrell Teresa Ayers 310 311 ______________________________ ______________________________ 312 Shannon Minnaar Ryan Locke 313 314 ______________________________ ______________________________ 315 Anthony Green Rich Taylor 316 317 ______________________________ 318 Dr. Anita Joshi 319 320 ATTEST: 321 322 323 ______________________________ 324 Jacob Quinn, Clerk 325 326 Presented by me to the Mayor of the City of Carmel, Indiana this _________ day of 327 _________________, 2025, at _______ __.M. 328 329 330 _________________________________ 331 Jacob Quinn, Clerk 332 333 Approved by me, Mayor of the City of Carmel, Indiana this _________ day of 334 _________________, 2025, at _______ __.M. 335 336 337 _________________________________ 338 Sue Finkam, Mayor 339 ATTEST: 340 341 342 _________________________________ 343 Jacob Quinn, Clerk 344 345 Prepared by: Ted W. Nolting 346 Kroger Gardis & Regas, LLP 347 111 Monument Circle Ste. 900 348 Indianapolis, IN 46204 349 10 6/26/2025 EXHIBIT “A” 350 351 352 CERTIFICATION OF THE CARMEL PLAN COMMISSION’S RECOMMENDATION 353 ON THE PROPOSAL BY THE CARMEL COMMON COUNCIL 354 TO AMEND THE CARMEL ZONING ORDINANCE PURSUANT TO INDIANA CODE 355 §36-7-4-602(b) 356 357 ORDINANCE Z- 358 359 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 360 INDIANA, AMENDING THE UNIFIED DEVELOPMENT ORDINANCE 361 362 To: 363 364 Dear Members: 365 366 The Carmel Advisory Plan Commission offers you the following report on the proposal by the 367 Common Council to the Commission to amend Articles 5.72, 9.08, and 11.02 of the City of 368 Carmel Unified Development Ordinance received in the form attached hereto. 369 370 The Carmel Advisory Plan Commission’s recommendation on the proposal is ______________. 371 372 At its regularly scheduled meeting on __________, 2025, the Carmel Advisory Plan Commission 373 held a public hearing after publishing notice thereof in accordance with law, and thereafter voted 374 _____ in favor, _____ opposed, _____ abstaining, to forward to the Common Council, the 375 proposed Ordinance Z- with a ____________ recommendation. 376 377 Please be advised that by virtue of the Commission’s recommendation, pursuant to IC 36-7-4- 378 607(__)(__), the Council has ninety (90) days to act on the proposal. Ninety days from the date of 379 the original certification (___________, 2025) is ______________, 2025. 380