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HomeMy WebLinkAboutFAQ Smart Code 07-21-09 SmartCode FAQ What is the SmartCode? The Smart Code is a form -based land development ordinance which includes zoning, subdivision regulations, urban design, thoroughfare standards and basic architectural guidelines into one compact and graphically illustrated document. Why the SmartCode instead of the existing zoning? The SmartCode, like other form -based codes, addresses the physical form of buildings and communities. The SmartCode also regulates function, or use, prescribing mixed use in certain zones. Traditional zoning codes focus primarily on use and density. This focus makes it difficult, if not impossible to develop walkable communities of character. Carmel has been able to apply special districts (e.g. Old Meridian) and Overlay Zones (e.g. Old Town, Carmel Drive Range Line Rd) to provide for good community development, but it has become confusing and difficult to manage as more districts are created. Carmel's existing Zoning Ordinance contains 29 zoning districts and 8 overlay zones in all. In contrast, the existing 29 zoning districts are translated to the SmartCode's nine "transect zones Special Districts may also be established for areas which do not necessarily fit a normal transect. Examples of where a Special District may be appropriate would be along US 31 or surrounding a big box store such as Meijer. Where is SmartCode proposed? Is it township -wide? The Carmel SmartCode is proposed to be mandatory for Carmel's Downtown area, more specifically north of 116 Street, between US 31 Keystone Avenue. Additionally, the SmartCode is written so that it could be used throughout Clay Township; however, only property owners who are successfully able to rezone their property could "opt in" to the SmartCode. Can any land use go into a building as long as the building meets the height, setbacks and architectural requirements? No. Land uses are still regulated in the SmartCode. Where can I view the proposed SmartCode? The proposed SmartCode is available to review online at: www.carmelsmartcode.com Hard copies of the proposed SmartCode are also available for review Monday Friday from Sam to 5pm in the Department of Community Services, Planning Zoning Office, Third Floor, Carmel City Hall, One Civic Square. Will I be required to change my property to comply with the SmartCode? No. Like the current zoning ordinance, the SmartCode is meant to regulate development and redevelopment occurring after its adoption. Therefore, if your property or business was legally established under previous rules, no changes will be required because of the SmartCode. The Smart Code may apply; however, if you decide to redevelop or make substantial changes to your property. Will the SmartCode allow someone to build townhomes or commercial building in the middle of my single family neighborhood? No. If you are in the Central Carmel district and are zoned R -1, R -2, R -3 or R -4, the single family residential zones under the current zoning, you will be zoned T3, T3 -E or T3 -L under the Smart Code. These T -Zones do not prescribe multi family residential or commercial functions. How will SmartCode protect my neighborhood? Because a property owner has certain rights to develop or redevelop his lot if he meets all land and building regulatory requirements, the City cannot absolutely prohibit development or redevelopment in any neighborhood. However, effective land regulations can protect and strengthen existing neighborhoods. The existing zoning and subdivision ordinances are not equipped to regulate building and community form, and therefore cannot protect the character of a neighborhood. In contrast, the Carmel Smart Code and its standards were developed by measuring and analyzing the form of the best Carmel neighborhoods and their buildings in order to assure that the character of those areas can be preserved. As noted under the preceding answer, the single family residential zones under the existing ordinance will be zoned T3, T3 -E or T3 -L under the Smart Code, all of which are predominantly single family residential zones. Under the Smart Code, if someone wants to build on a lot in an existing neighborhood that is zoned T3, T3 -E or T3- L, he must build a single family residential in the form of one of the Building Types prescribed under the Smart Code. The neighborhood is thereby protected. What is the Transect? A "transect" is usually seen as a continuous cross section of natural habitats for plants and animals, ranging from shorelines to wetlands to uplands. The Transect used in the Carmel Smart Code is based on the human habitat, ranging from the most rural of environments to the most urban. It is divided into 9 zones (T- Zones), each with its own character. The nine zones are: T1 Natural, T2 Rural, T3 Sub urban, T3 E Estate Sub -urban and T3 (Large Lot Sub urban), T4 General Urban, T5 Urban Center and T6 Urban Core. Special Districts (SD) are also used to accommodate areas which don't fit into any of the transect zones; however Special Districts and their regulations are determined up front or are designated by zoning amendment. x 4 i gy =I r3 s r e li jj4� V w' l ,i ce LL Q "'Z 2, l it t i a� k '1 4 y .5' s.:, s fi r wti p� I 441,A r ,,,r Li l�� l 1S 4r r- g L t) k y .f .a 1 q ra a ,�tz rsafr.,� s Y e4 u a c .:s ue d o# .iVki;.;,: t I z,ri t o Y W. t Y z ':g 9 ,ti®f zm iw.'. t jai G r T1 ma T2 R URAL T3 3U T4 R T5 URBA" CENTER UR CORE srECIAL T -p w 13 oi$TRICT How will SmartCode affect my property? If you are in the Central Carmel area, the Smart Code will replace the current zoning and subdivision ordinances. All legally existing uses and buildings will be allowed to remain as they are "grandfathered until the use is abandoned or changed or the building is substantially modified. The current zoning districts will be translated into their corresponding T -Zones under the Smart Code. Each T -Zone has standards for development or redevelopment, including density, function (use), building disposition (how it is situated on the lot), building configuration (height, massing, openings, roof), building type, and public frontages and private frontages. Why only in the Central area and not everywhere? The Central area is one in which there is development pressure, redevelopment opportunity and commercial potential. This combination of factors makes the Central area one in which sprawl development is more likely to continue without regard to form or contribution of the development to the community or its character. For this reason, the Central area has been selected to receive the protection and enhancement afforded by the SmartCode. Will PUDs still be allowed by the SmartCode? The Smart Code does not contain provisions for PUDs. In contrast to PUDs, the Smart Code prescribes sound planning and development practices and standards which, when applied, result in a predictable positive built environment. If I already have a development approved under existing zoning, am I required to re -apply under the SmartCode? No. All development approvals existing prior to adoption of the Smart Code would remain in effect. Those developments would proceed under the existing ordinances. However, an applicant would be entitled to elect to proceed under the Smart Code and would be given priority in processing of its Smart Code submission.