HomeMy WebLinkAboutOrdinance DRAFT
bR)~r:T
Butler, Angelina V
To:
Cc:
Babbitt, Pamela A
Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike P; Keeling, Adrienne
M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C; Pohlman, Jesse
M
Docket No. Assignment: (OA) Amendment, Landscape Ordinance (04070031 OA)
Subject:
Pam,
Please print and fax this e-mail to the petitioner identified below and update the files. I have issued the necessary
Docket Number for (OA) Amendment, Landscape Ordinance. It will be the following:
Docket No. 04070031 OA $0.00 (exempt)
Total Fee: $0.00
Docket No. 04070031 OA: Amendment, Landscape Ordinance
Tbe applicant seeks to create Chapler ##: Landscape Requirements and amend Chapters ##, ##, and ## of the
Cannel/Clay Zoning Ordinance,
regarding landscape requirements and regulations.
Filed by the Carmel Department of Community Services.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee (T AC).
2. Mailed and Published Public Notice needs to occur no later than Friday, September 10. Published notice is
required within the Indianapolis Star.
3. Proof of Notice will need to be received by this Department no later than Noon, Friday, September 17. Failure
to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than NOON, Friday, September 10. Failure to submit Informational Packets by this time will result in the tabling of
the petition to the Tuesday, October 19, agenda of the Plan Commission.
5. The Item will appear on the September 21, 2004 agenda of the Plan Commission under (Public Hearings).
6. The Item will also appear on the Tuesday, October 5, agenda of the Plan Commission Special Studies Committee.
Please contact Jon Dobosiewicz at 571-2417 (Fax:571-2426) with this information. Once the file is updated (copy of
fax filed) please return it to Jon's office.
Thank you,
Angie
DfVtF T
Docket No. 04070031 OA
NOTICE OF PUBLIC HEARING BEFORE
THE CARMEL/CLAY PLAN COMMISSION
Notice is hereby given that the Carmel Advisory Plan Commission will hold a public hearing upon a Petition To
Amcnd the Zoning Ordinance pursuant to the application and plans filed with the Department of Community
Services as follows:
Create Chapter ##: Lafld~cape Regulations and Amend Chapter #; Chapter ##; Chapter ##: and of the
Zoning Ordinance.
Designated as Docket No. 04070031 OA, the hearing will be held on Tuesday, September 21, 2004, at 7:00
PM in the Council Chambers, Carmel City Hall, One Civic Square, Carmel, IN 46032.
The file for this proposal (Docket No. 04070031 OA) is on file at the Carmel Department of Community Services,
One Civic Square, Carmel, Indiana 46032, and may be viewed Monday through Friday between the hours of 8:00
AM and 5:00 PM.
Any written comments or objections to the proposal should be filed with the Secretary of the Plan Commission on or
before the date of the Public Hearing. All written comments and objections will be presented to the Commission.
Any oral comments concerning the proposal will be heard by the Commission at the hearing according to its Rules
of Procedure. In addition, the hearing may be continued from time to time by the Commission as it may find
necessary.
Ramona Hancock, Secretary
Carmel Plan Commission
(317) 571-2417
FAX: (317) 571-2426
Dated: September 8, 2004
r
CITY OF CARMEL & CLAY TOWNSHIP ZO:--lIJ'G ORDIl\,\NCE
CARMEUCLA Y ZONING ORDINANCE
LANDSCAPE ORDINANCE
C/lANGeS MAUE SISCE L4ST .\fEEllNG AUE INn/C A TED IN RED
ARTICLE I. TITLE, PURPOSE, AUTHORITY, AND JURISDICTION:
Section 1.00 Tnu:
This Ordinance shall be referred to, and cited, as the Landscaping Ordinance, Ordinance No.
_, as amended, of the City of Carmel and Clay Township, Hamilton County, Indiana.
Section 1.0 I
PURPOSE AND INTENT:
This ordinance has been established for the purpose of guiding and accomplishing the coordinated
develop of the jurisdiction of Carmel and Clay Township, Indiana, in order to promote, in
accordance with present and future needs, the health safety, order, convenience, prosperity, and
general welfare of the citizenry. In the accomplishment of this purpose, the regulations as herein
cstablished provide for, among other things, efficiency and economy in the process of
development, the proper arrangement of slreets, adequate open spaces for recreation, adequatc
provision for public utilities and other public tacilities and othcr requircments for land subdivision
which will tend to create conditions favorable to health convenience, and prosperity of the citizens
of the jurisdiction of Carmel and Clay TO\\.TIship, Indiana.
Section 1.02
AUTIIORITY:
The City of Carmcl holds the power to regulate in order to promote orderly development and to
improve the health, safety, and convenience and welfare of its citizens through , as
amended from time to time.
Section 1.03
JURISDICTION:
WHEREAS, the Town Plan Commission of the Town of Carmel, Indiana, under the datc of
January 28, 1960, considered a petition requesting joiner, forwarded by the Clay Township
Trustee and the Clay Township Advisory Board, and being favorable to the petition, Town Plan
Commission recommended joiner to the Town of Carmel, and the Town Board of Trustees
subscquently passes a resolution setting forth the terms of the joiner, one copy of which was sent
to the Clay Township Trustee and one copy of which was filed with the County Recorder of
Hamilton County, Indiana, all in accordance with Chapter 48, Acts of 1959, General Assembly,
State of Indiana. Further, said joiner is transferred to the City of Carmel, established January I,
1976. 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.
ARTICLE II. LANDSCAPING STANDARDS
Section 2.00 PLANTING POINTS
A. Major Planting Points
I. Shade Trees: 200 points / tree
a. A large trce growing to over forty feet (40') in height at maturity, deciduous,
and planted to provide canopy cover and shade
LANDSCAPE ORDINANCE REVISION - 117/2004
CITY OF CARMEL & CLAY TOWNSIIIP ZO:-.lIl\G ORDINANCE
b. Must be planted in an individual area no smaller than seven-hundred and ten
(710) square feet and within a circular area with a minimum fifteen (IS) feet
radius
2. Ornamental Trees: 100 points I tree
a. A small to medium tree, growing fiftecn fcet (15') to forty fcet (40') in height
at maturity, that is planted for aesthetic purposes such as colorful flowers,
interesting bark or fall foliage
b. Must be planted in an individual area no smaller than three-hundred and
fifteen (315) square feet and within a circular area with a minimum ten (100
feet radius
3.
Large Evergreen:
] 50 points I tree
a. Trees that maintain foliage through all seasons of the year and grow to over
forty feet (40') in height at maturity
b. Must be planted in an individual area no smaller than seven-hundred and tcn
(710) square feet and within a circular area with a minimum fifteen (15) feet
radius
4. Medium Evergreen: 100 points I tree
a. Trees that maintain foliage through all seasons of the year and grow to fifteen
feet (15') to forty feet (40') in height at maturity
b. Must be planted in an individual area no smaller than three-hundred and
fifteen (315) square feet and within a circular area with a minimum ten (100
feet radius
B. Minor Planting Points
1.
Small Evergreen:
50 points / shrub
a. Shrubs that maintain foliage through all seasons of the year and will not grow
to be over fifteen feet (15') in height
b. Must be planted in an individual area no smaller than eighty (80) square feet
and within a circular area with a minimum five (5) feet radius
2. Large Shrub: 30 points / shrub
a. Flowering or deciduous shrubs that lose their density during the autumn and
winter seasons
b. Must be planted in an individual area no smaller than eighty (80) square feet
and within a circular area with a minimum five (5) feet radius
3. Medium Shrub: 20 points! 50 square feet
LAJ'LlSCAPE ORDINANCE REVISION - 11712004
2
CiTY OF CARMEL & CL,\ y TOWNSHIP ZOl'\ING ORDI:--IAI'CE
a. Tall grasses such as prairie grasses and flowers planted within a landscaped
area
b. Can accumulate to a maximum of thirty percent (30%) of the Minor Planting
Points
4. Small Shrub: 10 points I 100 square feet
a. Ground covers, short grasses (under six inches (6") in height), and mulches
used to compliment the total landscaped area
b. Can accumulate to a maximum of twenty-five percent (25%) of the Minor
Planting Points
C. The average points per square foot shall be determined by the following equation:
Total Planting Points
Total Square Feet
Section 2.0 I
MEDIAN
A. If a median is established on a road. the following guidelines shall be adhered to.
B. It shall exist along the center of the thoroughfare and act as a divider between opposing lanes of traffic.
C. The minimum width of the median shall be five feet (5').
D. The median shall be landscaped at a rate of 0.1 planting points per square foot.
Section 2.02
FOUNDATION PLANTINGS
A. Landscaping shall be established surrounding all sides ora building
B. The landscaping shall extend out a minimum distance of ten feet (10') from the Iront, eight feet (8') from
the side and live leet (5') from the rear fa~ade of the structure.
C. Sidewalks and drives can be included in the foundation planting area, however, the displaced area shall be
added to the total area required for the foundation plantings.
D. The foundation planting area shall be a minimum of twenty-five percent (25%) landscape and there shall
not be more than forty (40) square feet of continuous hardscape without a minimum of twenty-five (25)
square feet of landscaping.
Section 2.03
PARKING LOTS
A. If an existing parking lot is expanded or improved to add ten percent (10%) or more spaces the property
owner shall be required to comply with this section of the landscape ordinance.
B. The area shall be landscaped at a rate of 0.15 planting points per one (I) square foot of the parking surface
area and drives.
C. Required trees shall be located within or adjacent to parking lots as tree islands, medians, at the end of
parking bays, tramc delineators, or between rows, or parking spaces in a manner such that no parking space
is located more than 60 feet from a shade tree.
LANDSCAPE ORDINANCE REVISION - 117/2004
..,
j
CITY OF CAR,\tEL & CLA Y TOWNSHIP ZOJ\ING OIWINAJ\CE
D. Fifty percent (50%) of the minimum (0.15) planting points per one (I) square foot of hardscape planting
points shall be made up of major planting points.
E. The minimum landscaping island size shall be four-hundred (400) square feet.
F. In parking lots with more than ten (10) total spaces, landscaping islands shall be installed at the end of
parking bays where adjacent to drives.
G. In parking areas with more than ten (10) total spaces, no more than seventy-five (75) percent of the
minimum planting points can be planted around the perimeter.
H. Parking bays adjacent to the edge of the property shall be screened at a rate of four (4) planting points per
linear fool.
I. A minimum of fifty percent (50%) of the planting points shall come from shade trees.
Section 2.04
STREET TREES:
A. Street trees shall be required on all new or re-developed streets within the City limits, and shall be
encouraged within the County assuming that all permits are obtained.
B. Street trees shall be replaced per the Tree Replacement section of this ordinance
C. One tree must be planted for at least every forty-five feet (45') of frontage, at regular intervals, with a
minimum of one tree being provided for each parcel.
D. These trees shall be located within the right-of-way with respect to the existing thoroughfare plan.
E. The trees may be located in the public right-of-way provided that all private licensing requirements of the
city code are met.
F. Prohibited Street Trees:
4. Acer negundo - Boxelder: Aggressive, Shallow roots, Weak wood
5. Acer rubrum - Red Maple: Shallow roots, Easily damaged, Chlorotic
6. Acer saccharinum - Silver Maple: Aggressive, Shallow roots, Weak wood
7. Ailanthus altissima - Tree of Heaven: Seeds, Suckers, and Weak wood
8. Betula papyri/era - Paper Birch: Insects
9. Betula pendula - Euorpean White Birch: Insects
10. Elaeagnlls angustifolia - Russian Olive: Form, Disease
II. Fraxinus \'elutina glabra - Modesto Ash: Sidewalk damage problems
12. Ginkgo bi/oba - Female - Female Ginkgo: Fruils
13. Morus species - Mulberry: Fruits, Shallow roots
14. Picea or Pinus species - Spruce or Pine: Shallow roots, Low branches, Salt spray
15. Pyrlls calleryana 'Bradford' - Bradford Pear: Weak branching, Low branches
16. Populus alba - White Poplar: Suckers, Shallow roots, Weak wood
17. Populus deltoides - Cottonwood: Weak wood, Shallow rools, Seeds
18. Populus nigra 'ltalica' - Lombardy Poplar: Insects, Disease, Short-lived
19. Quercus palustris - Pin Oak: Soil problems, Yellowing, Low branches
20. Salix species - Willow: Weak wood, Shallow roots
21. Ulmus americana - American Elm: Insects, Disease
22. Ulmus pumila - Siberian Elm: Weak wood. Seeds
"City Code and Street Tree Regulations will be provided here, once I get them from Scon**
LANDSCAPE ORl1I'IAt-:CE REVISIO'l - 1/7/2004
4
Section 2.05
PERIMETER BUFFERING REQUIREMENTS
CITY OF CARMEL & CLAY TOWNSHIP ZO:'lING ORDIN,\NCE
A. Where required, perimeter butlhing shall be located along front, side and rear lot lines of a lot/parcel and
shall extend the entire length of the side and rear lot lines
B. Where residential or other buildings back onto a public thoroughfare, buffer plantings shall occur outside of
the public right-oF.way, per tables below.
C. Perimeter buffering shall not be located within any portion of a dedicated public street right-of-way, private
street right-of-way, or County regulated drain casement
D. Existing vegetation may be used to achieve project butTering if:
I. The vegetation located upon the subject parcel is of a quality and state of health to
achieve buffering, and,
2. The vegetation is proposed to be preserved usmg accepted best management
practices for tree protection during constmction
E. To determine the applicable bufferyard requirements:
Single
Family
Duplex
Multi-
Family
Active
Institutional
Otlice;
Retail
Warehouse
Hvy.
Industry
I. Use the Table for Bufferyard Determination to identify the land use category of the
adjoining proposed project use
2. Use the Table for BulTeryard Determination to identify the land llse(s) of the
adjoining properties, or identify the street classification adjoining the proposed use
by referring to the Official Thoroughfare Plan of Carmel-Clay Township.
3. Detennine the buffer yard(s) required on each boundary (or segment thereof) of the
subject parcel by referring to the Table for Bufferyard Determination.
4. Street Trees within the front yard Right-of-Way can be counted towards the
bufferyard requirements.
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LANDSCAPE ORDlNANCE REVISIO~ - 11712004
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23. Bufferyard Design Standards in the table below are stated in terms of minimuITI
5
CiTY OF c'\RMEL &. eLA y TOWNSHIP ZO:\ING ORm:--lAJ\CE
width.
Buffer yard Minimum Yard Width
Front & Side Rear
A 5' 10'
B 5' 10'
C 10' 20'
D 15' 25'
24. The !Tont and side bufferyard shall be planted at a rate of 2.5 planting points per
square foot.
25. The rear butTeryard shall be planted at a rate of 1.25 planting points per square foot.
26. Shade trees must make up a minimum of tifty percent (50%) of the total planting
points
ARTICLE II.
SPECIAl. DISTRICTS
Section 2.0 I The regulations stated for each specific special districts is in addition to the current regulations. In
the event ofa contlict, the following regulations shall be used in place of the existing ordinance.
Section 2.02 C - 1: CITY CENTER DISTRICT
A. Landscaping shall be designed in accordance with the adopted landscaping style and species palette
established for the City Center by the City of Carmel Redevelopment Commission
Section 2.03 C - 2: OLD TOWN
A. Design: Landscaping shall be designed in accordance with the adopted landscaping style and species
palette established for the City Center by the City of Cannel Redevelopment Commission
Section 2.04 OM: OLD MERIDIAN DISTRICT
A. Screening: Parking areas that are located in side yards shall be completely screened from the street right-of-
way with six (6) feet wide planting strip using shrubber)', hedges, shade trees, masonry walls, or
combination thereof.
B. Planting Strip:
]. A five-foot (5') planting strip shall be provided along the sides and rear of all
parking areas.
2. The planting strip shall be landscaped at a rate of 2.8 planting points per square foot.
C. Street Trees:
I. Shade trees shall be planted at equal intervals within the street right-of-way, parallel
to each street per the standards of the city,
2. Maximum spacing between trees shall be fifty feet (50'), and a minimum of thirty
feet (30').
3. Small maturing trees shall not be planted within the street right-of-way.
Section 2.05 SR 43] OVER!.A Y DISTRICT
A. Minimum Front Yard
]. Residential Zones: Thirty Feet (30')
2. All other zones or uses: One-hundred Twenty feet (120')
B. Greenbelt
I. A landscaped greenbelt area shall extend along the right-of-way of the highway with
a minimum depth of thirty feet (30')
LANDSCAPE OIWI~AJ'CE REVISIO~ - 11712004
6
CITY OF CARMEL & CLAY TOWNSIUr ZONING ORDINANCE
Section 2.06 US 31 OVERLAY DISTRICT
A. Minimum Side and Rear Yard
I. Adjacent to any residential use or zone: forty-five feet (45")
2. Adjacent to any business use or business zone: fifteen feet (15')
B. Preservation and Protection
I. The landscape plan must preserve not less than seventy percent (70%) of all trees
that area
a. Nine-inch (9") DBH or larger, and
b. Located within all required yards/setbacks
C. Installation and Maintenance
I. Materials: All plants proposed to be used in accordance with any landscaping plan
shall meet the following specifications
a. Shade Trees: two and one-hall' inch (2 Y2") caliper, a minimum height of
eight feet (8'), and branching height of not less than one third (1/3) nor
more than one-half (1/2) of tree height
b. Ornamental Trees: one and one-half inch (I W') caliper a minimum height
of six feet (6). and a branching height of not less than one-third (1/3) nor
more than one-halr(1/2) of tree height
c. Evergreen Trees: a minimum height of eight feet (8')
d. Deciduous Shrubs: A minimum height of twenty-four inches (24"), and no
less than six (6) main branches upon planting
e. Evergreen Shrubs: A minimum height and spread of twenty-four inches
(24")
D. Foundation Plantings
I.
2.
3.
4.
5.
E. Parking
I.
F. Planting Strip
I.
2.
A planting area equal to an area measuring twenty-five feet (25') in depth by the
width of the front of the building plus twenty feet (20) (to extend ten feet (10) out on
both sides) shall be installed along building facades that face U.S. 3 I.
A planting area equal to an area ten (10) feet in depth by the remaining side of the
building shall be installed on all other sides of the building(s)
Sidewalks up to eight (8) feet in width may be permitted in these areas, but shall not
occupy the entire planting area on any side of the building(s) and more than fi fly
percent (50%) of the total foundation planting area
If an approach driveway of sidewalk cuts into a planting area, the area displaced by
the driveway or sidewalk shall be added to the building perimeter planting
The adjacent planting areas need not be rectangular in shape as long as the required
amount of space is landscaped; innovative and original designs are encouraged.
::-W
There shall not be less than 18 trees res of parking.
A planting strip with a minimum width often (10) feet, shall be provided adjacent to
any collector or arterial street, or parkway right-of-way within the highway overlay
zone
The minimum widths shall be as follows when adjacent to:
a. An entry drive: ten ( I 0) feet
b. Adjacent to any parking area: Minimum width as follows:
c. Business zoned property: Five feet (5 ')
d. Residential use or zoned property: Fifteen Feet (15 ')
3. The planting strip shall be unoccupied except for plant material, steps, terraces,
driveway and pathway crossings, lighting standards, signs, benches, and other
similar structures.
4. Each planting strip shall be planted at a rate of 1.3 planting points per square foot
G. Greenbelt
I. The Greenbelt along the highway shall be a minimum ofthirt)' (30) feet in width and
landscape per the requirements of section 238.1 0.03(B)
2. The greenbelt shall be unoccupied except for plant material. steps, walks, terraces,
bike paths, lighting standards, signs. and other similar structures (excluding a private
LANDSCAPEORDlNMICE REVISION - In12004
7
CiTY OF CARMEL & CLAY TOWNS"II' ZONING ORDIl\,\NCE
parking area). Mounding and other innovative treatments are to be encouraged in this
area
3. The greenbelt shall be planted at a rate of 0.75 planting points per square foot.
Seventy-five percent of the total planting points shall come from major plantings.
Section 2.07 US 421 OVERL" Y
A. For parcels with frontage on US 421, the minimum front yard shall be:
1. Minimum Thirty (30) feet, measured from the right-of-way. This measurement shall
include the mandatory thirty-foot (30') greenbelt.
2. Maximum: One Hundred twenty (120) feet. measured from the right-of-way. This
measurement shall include the mandatory thirty-foot (30') greenbelt.
B. Minimum Side and Rear Yard
1. Adjacent to existing residence(s) or an undeveloped residential zone: Fifty (50) feet
or two (2) times building height. whichever is greater
2. Adjacent to business zone or development: Fifteen (15) feet
3. Adjacent to manufacturing zone or development: twenty (20) feet
C. Foundation Plantings
I.
2.
Foundation Plantings shall be included along all sides of any building.
The minimum width of the planting area shall be five (5) feel. except when adjoining
a parking area located in the fronl yard on U.S. 421, where the minimum width shall
be ten (10) feet
D. Parking
I. In the instance that a building is located within a parking area located in a front yard,
with frontage directly on the highway, it shall be landscaped at a rate of 1.25 planting
points per square foot.
2. Parking Lot Perimeter.
a. Where parking areas are located in the front yard, with frontage directly on
the highway, a six (6) foot wide perimeter planting area shall be provided
along the front and side of those areas
b. The parking lot perimeter shall be planted at a rate of 2. 15 planting points
per square foot.
c. The perimeter planting area shall be provided in addition to the Greenbelt
area
3. Front and Side Parking Area. Parking areas within front and side yards shall be
completely screened from view. Such screening shall be subject to Commission
approval
E. Screening
I. All air conditioning units, HV AC systems, exhaust pipes or stacks, overhead doors,
outside storage areas, and satellite dishes shall be integrated into the overall building
design or screened from the highway right-oF-way and adjoining residential zones or
uses using walls, fencing, parapets, penthouse screens, landscaping. camouflage, or
other approved method.
F. Greenbelt
1. The thirty (30) foot greenbelt shall be composed of grass and landscape areas. The
incorporation of walkways and bikeways into the design is encourages; however, no
parking ]ots" through roads, buildings, accessory structures, etc shall be established
within this area.
LANDSCAPE ORDINANCE J{EVISIOr-; - 11712004
8
CITY OF CARMEl. & eLA y TOWNSIIIP ZO:'<INCi ORDINANCE
Section 2.08 OW TOWN OVERLA Y
A. Minimum Front Yard of Comer Lots
I. A residential use is presumed to have a front yard setback on both streets that it
faces.
2. For a non-residential use, the front yard shall be Range Line Road or the street with
the greatest traffic.
3. The remaining Front Yard of all buildings will be maintained with a groomed
landscape of low shrubs, ground cover, trees, flowers and/or grass.
B. Minimum Side and Rear Yard
I. Adjacent to any residential use or zone: forty-five (45) feet
2. Adjacent to business use or business zone: fifteen (15) feet
Section 2.09
HOME PLACE OVERLA Y
A. Foundation Plantings: a three-foot (3') wide or greater strip of foundation plantings shall be provided along
the front building fa~ade
B. Parking
I. A five foot (5' ) wide planting strip shall be provided along the sides of the rear of all
parking areas,
2. The planting strip shall be planted at a rate of 2.5 planting points per square fool.
3. Parking areas that are located in Side Yards shall be screened from the street right-
of-way with a six (6) foot wide planting strip consisting of:
a. Landscaping planted at a rate of 3.5 planting points per square foot
b. A forty-two-inch (42") decorative wall. or;
c. A combination of the above as approved by the Commission
Section 2.10 HOME PLACE BUSINESS DISTRICT
A. Bufferyard Requirements-
I. Any Properties adjacent to or abutting an existing residence or residential area must
create at least a live-foot (5') wide buffer
2. This buffer shall be landscaped at a rate of 2.5 planting points per square foot
B. Minimum Front Yard-
1. Minimum: Five (5) feet from Front Lot Line
2. Maximum: Fifteen (15) feet from Front Lot Line
3. Uses which require outdoor seating shall be set back no less than ten (10) feet
C. Minimum Side Yard -
I. There are no minimum side yard setbacks; however, walkways to rear parking. must
be a minimum of six (6) feet wide
D. Minimum Rear Yard-
I. Minimum: ten ( 10) feet
LANDSCAPE ORDI:'lANCE REVISION - 11712004
9
CITY OF CARMEL & CU. Y TOWNSIIIP ZONING ORDII'ANCE
Section 2. ] ] WEST HOME PLACE COMMERCIAL DISTRICT
A. ButTeryard Requirements -
1. Low Intensity Area: Any Properties adjacent to or abutting an existing residence or
residential area must create at least a five-foot (5") wide buffer landscaped at a rate
of2.5 planting points per square foot.
High Intensity Area: Any Properties adjacent to or abutting an existing residence or
residential area must create at least a ten-foot (10') wide buffer landscaped at a rate
of 4.0 planting points per square foot.
B. Minimum Front Yard
I. Minimum: Fifteen (15) feet
C. Minimum Side Yard
I.
2.
D. Minimum Rear Yard
I.
2.
2.
Adjacent to existing residence(s): forty (40) leet
Adjacent to existing business: twenty (20) feet
Adjacent to existing Residences(s): forty (40) feet
Adjacent to existing business: fifteen (15) feet
Section 2.12
R - 5 DISTRICT
A. Minimum Front Yard
1. On all outside boundaries of an R-5 District tract adjoining the cites districts. the
minimum yards shall be as follows:
a. S-I and S-2: 10'
b. R-I and R-2: 5'
c. All other Districts: 5'
B. Minimum Side Yard
I.
On all outside boundaries of an R-5 District tract adjoining the cites districts, the
minimum yards shall be as follows:
a. S-I and S-2: 75'
b. R-I and R-2: 75'
c. All other Districts: 50'
C. 5"Minimum Rear Yard
I. On all outside boundaries of an R-5 District tract adjoining the cites districts, the
minimum yards shall be as follows:
a. S-l and S-2: 75'
b. R-l and R-2: 75'
c. All other Districts: 50'
Section 2.13 B-3 DISTRICT
A. Minimum Front Yard
1. Residential: 30'
2. Other: 60'
B. Minimum Side and Rear Yard
I. Residential: 10'
2. Any business use located in a block or parcel which includes or adjoins a residential
district or use which is located on a comer lot: 30'
3. Any business use which does not meet above qualifications: none
C. Vision clearance on comer lots and at the intersections or streets and drive ways shall be observed
D. Screening
I. Screening shall be done with suitable shrubbery, and shall be planted at the time of
construction or conversion to a business activity and shall be maintained in order to
provide effective screening at all times during the year.
2. The screening may be planted informally in rows and shall screen parking areas.
outside storage areas, loading berths, trash and refuse containers and so forth
abutting or adjoining residential properties.
E. Greenbelt
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CITY OF CARMEL & CLA y TOWNSIIIP ZONI;../G ORDINANCE
I. Where a lot or parcel of ground used for business purposes in the B-3 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 shall be established with a
minimum of30'.
2. This greenbelt shall be provided along the abutting or adjoining property line
3. No accessory buildings or uses shall be constructed within the greenbelt area
4. Sidewalks, decorative or protective items and other landscaping items and signage
may be placed in the greenbelt as pennitted by the Ciry of Carmel Sign Ordinance.
F. Other
I. Multiple family residential developments within a district shall also be subject to the
protection afforded by the landscape requirements.
Section 2.14 B - 5 DISTRICT
A. Minimum Front Yard
I. All Residential Uses: 20'
2. All Office Uses: IS'
B. Minimum Side Yard: 5'
C. Minimum Rear Yard:
I. All Residential Uses: 20'
2. All Office Uses: 15'
Section 2.15 B - 7 DISTRKT
A. Minimum Front Yard: 40'
B. Minimum Side Yard: 10' ?
C. Minimum Rear Yard: 30' r-\' .
D. Design: All shade trees shall be a minimum of 8 - 10 and a minimum trunk diameter, 12" above ground. or
2 Ih". Mature average spread should be 20'
E. Greenbelt
I. Where the lot or parcel abuts a residential area, a greenbelt with a minimum of 30'
shall be established.
2. The greenbelt shall include a 6' high visual screen
Section 2.16 M - 3 DISTRICT
A. Minimum Front Yard
I. A fifteen foot ( IS ') landscaped and maintained area, composed of trees not less than
two and one-half inches (2 Y2") DBH and spaced tifty (50) feet on center shall be
provided unless otherwise determined by the commission or unless otherwise
required by the Board for Special Uses
B. Minimum Side and Rear Yard
A landscaped and maintained yard area shall be provided, including a solid visual bulTer
or screen of at least five (5) feet in height. where required (see Chart B) :l
\J-' ~I{ t .
ARTICLE HI. LANDSCAPING PACKAGE:
Section 3.00
L^NDSC^PE PL^N
A. Landscape Plan shall be submitted to the Plan Commission for its approval at the same time other plans
(i.e. architectural design, lighting, parking, and signage) are submitted. This plan shall be drawn to scale
and include:
· Dimensions and distances;
· Walks, Paths and Handicapped
Ramps;
· Existing and Proposed Structures;
· Terraces;
· Public and Private Parking Areas;
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CITY OF CAR."lEL & CLA Y TOWNSHIP ZONING ORDINAI\CE
· Drives;
· Location Size and Description of all
landscape material;
· Light Fixtures;
. Utilities;
· Signs;
· Planting and Landscaping Notes
· Steps;
· any other items required by the Director.
· Irrigation System(s);
B. Minimum Planting and Landscaping Notes:
I. Shade trees:
a. Any shrub shall be in accordance with the most current publication of the
American Standard for Nursery Stock as produced by the American National
Standards Institute, Inc
b. All shade trees proposed to be used shall be in accordance with any
Landscaping Plan and at the time of planting shall be no less than six feet tall
in overall height and have a minimum caliper of one and three-quarters
inches.
c. Any tree larger than the stated minimums should be in accordance with the
most current publication of American Standard for Nursery Stock as
produced by the American National Standards Institute, Inc.
d. The trees shall be of a variety that wiII altain an average mature spread greater
than twenty (20) feet.
e. The hole shall be twice the diameter of the root ball
f. Remove all foreign objects from the visible portion of the tree, along with
those objects located in the upper third (1/3) of the root ball.
g. The root flare shall be placed at finished grade level.
h. A minimum of a two-inch (2") thick layer of mulch shall extend ITom one
inch (I") outside the tree trunk to six inches (6") past the hole, while being
two inches (2") deep.
2. Shrubbery:
a. Any shrub shall be in accordance with the most current publication of the
American Standard for Nursery Stock as produced by the American National
Standards Institute, Ine
b. The hole shall be twice the diameter of the root ball.
c. Remove all foreign objects to the visual portion of the shrubbery, along with
those located in the upper third (1/3) of the root ball.
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CiTY OF CARMEL & CLA Y TOWNSHlI' ZONING ORDlN^~CE
d. A minimum of a two-inch (2") thick layer of mulch shall extend from one
inch (I") outside the tree trunk to six inches (6") past the hole
3. Evergreen:
a. Any shrub shall be in accordance with the most current publication of the
American Standard for Nursery Stock as produced by the American National
Standards Institute, Inc.
b. The hole shall be twice the diameter of the root ball.
c. Twine, burlap, and any other foreign objects located in the upper third of the
root ball shall be removed (i.e. metal baskets)
d. The hole shall be scarified and excavated larger than the root ball while
angling sides of hole toward the center.
C. 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.
ARTICLE IV. TREE PRESERVATION
') ~{l~(\'
Section 4.00 PRERVATION GOAU,
A. Preservation and Protection
I. Sites with existing trees or stands of trees shall protect and incorporate them into the
overall site design. The landscape plan must preserve not less than fifty percent
(50%) of all trees that are:
a. Six-inch (6") DBH or larger, and
b. Located within the required yard/setback areas
Section 4.0 I
TREE PROTECTION PACKAGE
A. SITE PLAN - shall be drawn to scale, indicating the location of land disturbance clearing, grading,
trenching, tree protection zones, proposed underground utilities, staging areas for parking, material storage,
concrete washout, debris burn, soil compaction areas and burial holes.
B. COMPLETE TREE INVENTORY indicating the following for each tree, shrub, ground cover or mulch fur the
property: Locale, Species, Caliper, Height and Critical Root Zone.
C. TREE PROTECTION MEASURES - Detailed drawings of any of the following that shall be used during
development:
I. Tree protection fencing: Tree protection fences must be a minimum of four feet
high, constructed with adequate, durable material (e.g. orange plastic construction
fencing) approved by the building official, and located at the drip line or edge of the
critical root zone, whichever is farthest from the trunk, unless the building official
determines that a fenee line closer tot the trunk will not be likely to result in damage
to the trees.
2. Erosion Control fencing or screening: The proper precautionary measures shall be
taken to prevent the sedimentation of erosion material. Silt screening must be placed
along the outer uphill edgc of tree protection zone. Protected tree, and tree
protection zones need to surveyed by the Director to ensure that these measures have
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CITY OF CARMEL & CLA Y TOWNSHIP ZONING ORDINANCE
been properly conducted.
3. Tree Protection Signs.
4. Transplanting Specifications.
5. Tree wells and aeration systems.
6. Staking specifications.
D. SITE INSPECTION may be required for a fee. The Director shall perform the Inspection.
E. TREE PROTECTION INSTALLATION MEASURES
I. The property owner shall install and maintain all tree protection measures indicated
in the approved plan prior to and throughout the land disturbance process and the
construction phase
2. No person may disturb the land or perform any construction actiVity until the
Director has inspected and approved the required tree protection measures.
3. The property owner must mulch areas where soil compaction is likely to occur as
indicated on the Plan with a minimum four-inch (4") layer of processed pine bard or
wood chips, or a six-inch (6") layer of pine straw
4. If a cut must be made to the root of a protected tree (as detennined by the
Landscaping Plan) the cuts must be made at a ninety (90) degree angle and the
Director notified of the change
5. The property owner shall run utilities along corridors between tree protection zones
ARTICLE V. INSTALLATION AND MAINTENANCE:
Section 5.00 CHANGES AFTER ApPROVAL
A. No landscaping that the Commission has approved, may be later altered, eliminated, or sacrificed without
the express approval of the Commission. However, minor alterations in landscaping may be approved by
the Director in order to confonn to specific site conditions.
Section 5.01
INSTALLATION:
A. All required landscaping shall be installed per the previously approved plan prior to the issuance of the
Certificate of Occupancy. If it is not possible to install the required landscaping because of extenuating
circumstances, the Director may require the property owner to 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.
B. Irrigation shall not be installed in the right-of-way with out the express permission of the Board of Public
Works via the Consent to Encroach application. The City does not assume responsibility for any damage
incurred to illegally placed irrigation system that is caused by work being performed in these areas.
C. The interior dimensions, specifications and design of any planting area or planting median proposed to be
constructed shall provide an environment similar to that of its natural habitat and thus will protect and
provide proper growth for all landscaping materials.
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CITY OF CAR\1EL & C1.A Y TUWI"SHII' ZONll\G ORDINANCE
D. All approval submittals are legally binding and non-negotiable. Landscaping shall be executed exactly as
plans in department display.
Section 5.02
MAINTENANCE:
A. It shall be the responsibility of the property owner to insure proper maintenance of the landscaping in
accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead
plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
Section 5.03
INSPECTION:
A. The Director shall have the authority to visit any lot within the jurisdiction of the Commission and the
Board to inspect the landscaping and check it against the approved plan on lile or where landscaping exists
that is suspected to be a public nuisance.
B. The result of this inspection may result in the order of the removal and proper replacement of the inspected
landscaping.
Section 5.04
MA TERIALS:
A. Landscaping materials selected shall be appropriate to local growing and climate conditions per the
discretion of the Director, and shall be used in accordance with the approved landscape plan.
ARTICLE VI.
TREE REPLACEMENT
Section 6.00
REPLACEMENT Of TREES:
A. Where the Director has determined that irreparable damage has occurred to trees within a tree protection
zone the property owner shall remove and replace those trees according to this ordinance
B. If the tree removal application is approved, or a tree is fatally injured or healthier replacement trees shall be
planted in accordance with the following requirements.
I. Quantity: The total caliper of replacement tree(s) must equal, or exceed the total
caliper of protected trees removed or fatally injured.
2. Species: A replacement tree must be one of the following trees, and no one species
of tree may constitute more than 30 percent of total tree species on a particular lot or
tract.
Section 4.01
ApPROVED REPLACEMENT TREES
A. Medium Trees:
Aesculus x carnea 'Briotii' - Rubyred Horsechestnut
Alnus cordata - Italian Alder
Alnus glutinosa - European Black Alder
Betula nigra - River Birch
Carpinus hetulus - European Hornbeam
Cladrastis kentukea - Yellowwood
Fagus sylvatica 'Purpurea Tricolor' or 'Roseo-marginata' - Tricolor Beech
Gleditsia triacanthos inermis 'Impcole' - Imperial Honeylocust
Koelreuteria panieulata - Golden-Rain Tree
Nyssa sylvatica - Sourgum / Blackgum
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;
CITY or CARMEL & Cl.A y TOWNSHIP ZaKING ORfJlNANCE
Ostrya virginiana - Hophombeam
Phcllodcndron amurense 'Macho' - Male Corktret:
Quercus robur 'Fastigiata' - Pyramidal English Oak
Qut:rcus robur 'Skyrocket' - Skyrocket English Oak
Sophora japonica - pagodatree
Tilia cordata 'Corzam' - Corinthian Littlelcaf Linden
Tilia x flavescens 'Glcnleven' - Glenleven Hybrid Linden
B. Large Trt:es:
Acer nigrum - Black Maplc
Acer platanoides 'Emerald Queen' - Emerald Queen Norway Maple
Celtis laevigata 'All Seasons' - All Seasons Sugarberry
Celtis occidt:ntalis 'Prairie Pride' - Prairie Pride Hackberry
Cereidiphyllum japonicum - Katsura Tree
Corylus columa - Turkish Filbert
Eucommia ulmoides - Hardy Rubber Tree
Fagus grandifolia - American Beech
Fagus sylvatica - European Beech
Fraxinus americana - White Ash
Fraxinus pennsylvanica - Green Ash
Ginkgo biloba - Ginkgo (male only)
Gleditsia triacanthos inermis 'Moraine' - Moraine Honeylocust
Gleditsia triacanthos ineonis 'Shademaster' - Shademaster Honeylocust
Gymnoclanus dioica - Kentucky Cofft:t:tree
Liriodendron tulipifera - Tuliptrec
Magnolia acuminata - Cucumber Magnolia
Metasequoia glyptostroboidt:s - Dawn Redwood
Platanus x acerifolia 'Bloodgood' - Bloodgood London Planetree
Platanus x acerifolia 'Columbia' - Columbia London Planetree
Platanus x acerifolia 'Liberty' - Liberty London Planetree
Quercus alba - White Oak
Quercus bicolor - Swamp White Oak
Quercus coccinea - Scarlet Oak
Quercus macrocarpa - Bur Oak
Quercus muehlenbergii - Chinkapin Oak
Quercus rubra - Nonhem Red Oak
Taxodium distichum - Bald Cypress
Tilia americana 'Redmond' - Redmond Lindt:n
Tilia tomentosa - Silvt:r Linden
Ulmus parvifolia - Chinese / Lacebark Elm
Ulmus parvifolia 'Dynasty' - Dynasty Chinese Elm
Ulmus 'Pioneer' - Piont:t:r Elm
Ulmus x hollandica 'Urban' - Urban Elm
Section 4.02
ALTERNATIVE METHODS TO SAME LOCATION TREE REPLACEMENT:
If the Director determines that it would be unreasonable for the property ownt:r to plant a
replacement tree on the tree removal property, the property owner shall comply with one or more
of the following requirements within one-hundrcd and eighty (180) days:
A. Purchase and donate a replacement tree to the City Parks and Recreation Department. If the Director of the
does not accept the tree, the property owner must comply with one or more of the other alternatives
methods of compliance listed below.
B. Plant the replacemcnt tree on a property within the City that is adjacent to the tree removal pruperty.
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CiTY OF CARMEL & ('LA Y TOWNSHIP ZOI\"ING ORDI:-IANCE
4. The adjacent property owner shall accept full responsibility fur the tree and maintain
it as prescribed in this ordinance.
5. Both the tree removal property owner and the adjacent property owner shall
complete the proper permits prior to the planting. The following shall be included
with the permit application:
a. A site plan indicating the Tree Removal Property;
b. The address of the adjacent property where the replacement tree shall be
planted and
c. A site plan indicating Replacement Tree Planting Site.
C. Make a payment into the Street tree Committee Fund fur the equivalent value of the purchase and
installation of a replacement tree(s) plus interest, as determined by the Director.
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