HomeMy WebLinkAboutOrdinance_REDLINE Revised 06-26-25Sponsor: 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
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Synopsis: 9
This ordinance updates the inspection and Certificate of Occupancy procedures and 10
creates standards for a Change of Occupancy inspection 11
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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
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Section I: Amend Article 9: Processes, Section 9.02: Certificate of Occupancy, as follows: 33
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9.02 Certificate of Occupancy 35
The following procedure applies to Certificates of Occupancy: 36
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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 Official. 43
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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 Commercial Building or Tenant Space without 46
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
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C. Inspections: The Director shall initiate a construction inspection program to ensure the health, safety 53
and welfare of residents and the public, including the following: 54
1. For Class 2 Structures, as defined under IC 22-12-1-5, applicants for improvement location 55
permits or certificates of occupancy may, at their own expense, use a private provider, as defined 56
in 36-7-2-9.1(d)(3) and subject to the exceptions in IC 36-7-2.5-9, to perform inspections 57
required by the construction inspection program. 58
2. After the issuance of a building permit, the Building Safety Official shall make, or shall cause to 59
be made, inspections of the work as are necessary to assess progress and ensure compliance with 60
the provisions of this article, with Carmel City Code Chapter 7 and the terms of the permit. 61
3. Reinspection of work found to be incomplete or non-compliant are subject to assessment of late 62
fees or reinspection fees as prescribed in Article 1, Section 1.29, as amended 63
4. Upon completion of the work approved through an Improvement Location Permit, the permit 64
holder shall contact the Building Safety Official and schedule a final inspection to verify the 65
installation of improvements consistent with the requirements of the Carmel City Code Chapter 7 66
and the Unified Development Ordinance. The City Engineer, Fire Official, any other municipal 67
official, and any other person requested by the Building Safety Official may also take part in the 68
inspection. 69
D. Certificate Issuance: The Building Safety Official shall issue the Certificate of Occupancy if the 70
improvements comply with all applicable requirements of the City of Carmel, including the Unified 71
Development Ordinance and all applicable building codes as verified by the Building Safety Official. A 72
conditional or temporary Certificate of Occupancy may be issued at the discretion of the Director. 73
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Section II: Amend Article 11: Definitions, Section 11.02: Definitions, by adding the following terms: 75
76 Building, Commercial: any structure used for business or non-residential activities, such as 77
offices, retail, industrial, hospitality, educational, or healthcare facilities 78
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Building Safety Official: A designee of the Director of Community Services authorized to carry 80
out the City’s building permit and inspection program as provided in Article 1 of the City of 81
Carmel Unified Development Ordinance 82
83 Tenant Space: a portion of a Commercial Building or business property leased to a single 84
tenant, typically with its own entrance and separated from other tenant spaces by walls 85
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Section III: The Common Council hereby delegates Department of Community Services to correct and 88
codify numbering, pagination, cross-references, table of contents, Appendices, and land use matrix of the 89
Unified Development Ordinance affected by this Ordinance. 90
Section IV: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are 91
hereby repealed. 92
Section V: This Ordinance shall be in full force and effect from and after its passage and signing by the 93
Mayor. 94
ADOPTED by the Common Council of the City of Carmel, Indiana this ________ day of 95
______________________ 2025, by a vote of _________ ayes and ________ nays. 96
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COMMON COUNCIL FOR THE CITY OF CARMEL 98
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___________________________________ 100
Adam Aasen, President Matthew Snyder, Vice President 101
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__________________________________ _______________________________ 103
Teresa Ayers Anthony Green 104
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_________________________________ ______________________________ 106
Anita Joshi Ryan Locke 107
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____________________________ ______________________________ 109
Shannon Minnaar Rich Taylor 110
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___________________________________ 112
Jeff Worrell 113
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ATTEST: 115
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_____________________________________ 118
Jacob Quinn, Clerk 119
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Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 121
_________________________ 2025, at _______ __.M. 122
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____________________________________ 124
Jacob Quinn, Clerk 125
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Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 127
2025, at _______ __.M. 128
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___________________________________ 130
Sue Finkam, Mayor 131
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ATTEST: 133
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__________________________________ 135
Jacob Quinn, Clerk 136
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prepared by: Michael Hollibaugh, Director DOCS, One Civic Square, Carmel, IN 46032 138