HomeMy WebLinkAboutPacket 02-21-12'4
Date: February 10, 2012
To: Plan Commission Members
From: Adrienne Keeling
Department of Community Services
City of Carmel
CARMEL PLAN COMMISSION
MEMORANDUM-
Re: February 21 Plan Commission meeting Docket No. 12010005 OA
Enclosed is the information packet for the following item. If you have any questions, please give me a call at
571 -2417.
Paeltd
Docket No. 10040014 OA: Patch Ordinance IX
The applicant seeks to amend Subdivision Control Ordinance Chapter 3: General Provisions and Chapter 7:
Open Space Standards for Major Subdivisions. The applicant also seeks to amend Zoning Ordinance Chapter 2:
Compliance with the Regulations, Chapter 3: Definitions, Chapter 5: S -1 /Residence District, Chapter 20A: I-
1 /Industrial District, Chapter 21: Special Uses Special Exceptions, Chapter 23C: US Highway 421 Michigan
Road Corridor Overlay Zone, Chapter 25: Additional Use Regulations, Chapter 26: Additional Height, Yard, Lot
Area and Buffering Regulations and Appendix A: Schedule of Uses. Filed by the Carmel Department of
Community Services on behalf of the Carmel Plan Commission.
Please find enclosed an ordinance amendment draft. A summary of changes made, per chapter, is as follows:
SUBDIVISION CONTROL ORDINANCE
A. CHAPTER 3: GENERAL PROVISIONS:
A Plan Commission does not grant Variances, according to Indiana Statute, so we've changed all
instances of the term "variance" to "waiver" to reflect our current Subdivision waiver process.
B. CHAPTER 7: OPEN SPACE STANDARDS FOR MAJOR SUBDIVISIONS:
The second paragraph of the chapter introduction references an allowance for smaller lots, reduced
yard areas and density bonus. These incentives were removed several years ago, so that language
is no longer relevant.
ZONING ORDINANCE
C. CHAPTER 2: COMPLIANCE WITH REGULATIONS
The purpose of these changes is to update the terminology to better reflect the terminology in the
C3 Plan. In the old comprehensive plan, the term Thoroughfare Plan was used broadly to include
both automobile and bike /ped improvements. In the C3 Plan the term Thoroughfare Plan primarily
Page 1
ONE CIVIC SQUARE
CARMEL, INDIANA 46032 317/571 -2417
addresses automobile facilities. The term Transportation Plan is the overall title and includes the
Thoroughfare Plan, Bicycle Pedestrian Facility Plan as well as the Transit Plan. Note that there
are no required improvements for Transit specified at this time, only general terms.
Additionally, a phrase was added to include the ADA Compliance.
D. CHAPTER 3: DEFINITIONS
The definition of Continuing Care Retirement Community(CCRC) was revised to reflect the Indiana
Code definition of the term, so as to not be confused with other types of residential uses.
The definitions Lot Coverage and Lot Coverage, Maximum are deemed to be duplicative, so we are
proposing to remove Lot Coverage.
E. CHAPTER 5: S -1 /RESIDENCE DISTRICT
This is simply correcting a reference which had been changed.
F. CHAPTER 20A: I -1 /INDUSTRIAL DISTRICT
In absence of any landscaping standards specific to the I -1 /Industrial district, this adds a section to
reference the Perimeter Buffering Requirements.
G. CHAPTER 20G: OLD MERIDIAN DISTRICT
Exempts buildings from the Bufferyard Requirements.
H. CHAPTER 21: SPECIAL USES SPECIAL EXCEPTIONS
A few years ago Indiana Code was amended to state that approvals must be good at least for 3
years. All other chapters were already amended in a previous patch to reflect the 3 years; however,
this section had been missed.
I. CHAPTER 23C: US HIGHWAY 421 MICHIGAN ROAD CORRIDOR OVERLAY ZONE
Clarifies standards for foundation plantings and planting medians.
J. CHAPTER 23F: CARMEL DRIVE RANGE LINE ROAD OVERLAY ZONE
Exempts buildings from the Bufferyard Requirements.
K. CHAPTER 24: DP ADLS REGULATIONS
To bring the Zoning Ordinance in line with Indiana Code, the term Hearing Examiner was
substituted for Hearing Officer, and deadline to file appeals for DP or ADLS was reduced to 5 days
from 30 days.
L. CHAPTER 25: ADDITIONAL USE REGULATIONS
This amendment allows Multi- family Residential developments to construct garages or accessory
buildings larger than 24'x30' in size.
M. CHAPTER 26: ADDITIONAL HEIGHT, YARD, LOT AREA BUFFERING REGULATIONS
These amendments are meant to clarify confusion as to when bufferyard requirements are triggered
by stating that other plantings, such as Greenbelts and Planting Strips, can be used to satisfy
perimeter bufferyard requirements. Additionally, language was added to reduce front bufferyard
requirements where buildings are closer to streets.
N. CHAPTER 31: GENERAL PROVISIONS
ONE CIVIC SQUARE
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CARMEL, INDIANA 46032 317/571 -2417
The sections which are proposed to be stricken are now superseded by IC 36 -7 -4 -1015. Also, 2
copies of the Subdivision Control and Zoning Ordinances are now required to be on record with the
Clerk- Treasurer.
O. APPENDIX A: SCHEDULE OF USES
A category for Continued Care Retirement Communities (CCRCs) was added to the table,
allowable in the same districts as Nursing, Retirement, and Convalescent Facilities.
Also, the title of the 431 /Keystone Avenue Overlay Zone was updated to Keystone Parkway.
2012 -0221, 12010005 OA; PC Memo.rtf
ONE CIVIC SQUARE
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CARMEL, INDIANA 46032 317/571 -2417
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7-
4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
resolution a comprehensive plan for the geographic area over which it has jurisdiction: and
WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
given a favorable recommendation by the Carmel Advisory Plan Commission on November 18. 2008, and
duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4. 2009, and is therefore
the official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance;
and
WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the
text of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the
text of the Subdivision Control Ordinance; and
WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02,
the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City
Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana. that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket No. 12010005 OA
having received favorable recommendations from the Carmel Advisory Plan Commission on Tuesday,
2012. it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance
(Ordinance No. Z -289, as amended) and the Carmel Subdivision Control Ordinance (Ordinance No. Z -160),
as amended. to read as follows:
Section I:
ORDINANCE Z- XXX -12
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Updating a Variety of Provisions of the Cannel Zoning Ordinance (Patch IX)
Sponsor: Councilor Rider
SCO Chapter 3: General Provisions:
a. Amend Section 3.07: Variance to read:
3.07 4rniceSubdivision Waiver.
The Plan Commission may authorize in sp citte ist iiK --tarias such waivers from the leans standards of the
Subdivision Control Ordinance as will not be contrary to the public interest, speciii1 a i itcral
nt 1r resiiit -in-no ece!isar} -h 'dship. and provided that the spirit of the
Subdivision Control Ordinance shall be observed and substantial justice done. In deciding whether or not the applicant
has presented sufficient proof to permit the granting of a rti -i nieewaiver. the Plan Commission shall determine that:
3.07.01 [he grant of !Ili --.t :the waiver will not he injurious to the public health. safety, morals and general welfare
of the community
3.07.02 The use or value of the area adjacent to the property included in the proposed plat will nol he affected in a
substantially adverse manner:
Ordinance 7- 12
1
02/07/2012
3.07.04 The strict application of the terms of the Suhdivision Control t rdinancc Ordinance will
difficulties in the preparation of the plat.
SCO Chapter 7: Open Space Standards for Major Subdivisions:
b. Amend the Chapter's introduction to read:
The Open Space Suhdivision design approach has been adopted to ensure a minimum amount of neighborhood open
space is integrated within all Major Subdivisions. Open Space should he set aside for active or passive uses. and provide
a network of open space. The open space requirements emphasize the protection of natural areas, such as flood zones
and woodlands, but als(• allow for more structured open .spaces, such as parks or squares, as well as for agricultural open
space in the form of fields or pasture. Open space should be consistent with the goals, objectives and pocies set forth in
the Comprehensive :ian.
i tlL niit t 4,.
redneer# --yrti i tare.aS. The firdin,int•e aim) rift: nc eu r;;en t�fi�inri
are sceedetl
ZO Chapter 2: Compliance with Regulations
e. Amend Section 2.09: Compliance with the Thoroughfare Plan to read:
2.09 Compliance with the i, e hf i Transportation Plan.
In addition to meeting requirements of Americans with Disabilities Act (ADA), aAll projects and Improvements
or authorizations under the jurisdiction of this Ordinance that adjoin, include, are served by or affect existing
streets bearing a designation +F -in the 1 t;iry Transportation Plan shall conform to the requirements of
the 'Transportation Plan Section of the Comprehensive Plan in regard to:
(1)
(2)
(3)
(4)
(1)
(3)
nlirtitii� /inc nor y tar-t-1+-e
result in practical
I. ei 110ES, and
}t eir pace
the dedication of public Rights -of -way:
design and construction of the improvements indicated by the 1 Transportation
Plan. including the Thoroughfare Plan and Bicycle Pedestrian Plan Ma s. across the
roadway frontage of the project:
Se :back: and
any other affected development standards.
The petitioner may elect to provide a monetary commitment equal to the value to otherwise design and
construct the improvements indicated by the o ]i-ii Transportation Plan across the roadway frontage.
The value of the commitment shall he equal to the difference in the value to otherwise design and construct the
improvements indicated by the y' i nt,i;e Transportation Plan across the roadway frontage, minus the cost
to design and construct those improvements indicated by the 4-194 rthu,- Transportation Plan across the
roadway frontage that will he installed by the petitioner. "1 he values established above shall he approved by the
department of Engineering.
Conformance with the +ruziitai Transportation Plan as outlined above shall be in addition to any
improvements deemed necessary by:
Subdivision Control Ordinance Chapter 5, Sec /ins 5.03.05 and 5.05.02(3):
=,e per Zonin;Q Ordinance Chapter 24. Secrion 24.02(B)(5)(e): and
Other applicable standards.
ZO Chapter 3: Definitions:
d. Amend the following definitions in Section 3.07: Definitions to read:
COMMUNITY, CONTINUING CARE RETIREMENT (CCRC).
Aiii /eiis. including but
FE
ltli r-vi iti .ili( IC 16- 28 -15 -2.
Ordinance Z-41#/ii- 12
02/07/2012
nd si;iIIeil
r+i
LOT COVERAGE. MAXIMUM. The entire I:ot or parcel which can be developed (Buildings. principal or accessory:
storage areas: s parking lots and other accessory ITses).
ZO Chapter 5: S -1 /Residence District:
e. Amend Section 5.02: Special Use Special Exceptions to read:
5.02 Special Uses Special Exceptions:
A.
B.
See .lppendi.i .1: Schedule of Uses.
See Chapter 21: Special Uses Special Exceptions for additional regulations.
5.02 01 Minimum Area Requirements:
Use:
Cemetery
Commercial Greenhouse
Day nursery
Kindergarten
Plant nursery
5 12.02 Other Requirements:
Mineral extraction. borrow pit. top
soil removal and their storage
Minimum Area
(Acres):
Thirty (30)
Ten (10)
One (1)
One (1)
Ten (10)
Use Other requirements:
Minimum perimeter Natural
Open Space buffer (as
defined in 7.10-8-07.03.01 of
the Subdivision
Regulations) of 300 ft.
when adjoining or abutting
any residential use or
district.
ZO Chapter 20A: I- 1/Industrial District:
f. Add Section 20A.07. Landscaping Requirements as follows:
20A.07 Landscapine Requirements. See Section 26.04: Perimeter Bu
tr fern R »tents.
ZO Chapter 20G: OM /Old Meridian District:
g. Add Section 20G.04.06.J as follows:
I '1 he Perimeter Bufferyard Requirements in Chapter 26 shall not apply to properties within the Old Meridian
District.
ZO Chapter 23F: Carmel Drive Range Line Road Overlay Zone:
h. Add Section 23F.1 ].11 as follows:
23F.11.11 The Perimeter Buffer and Re uirements in Cha ter 26 shall not a
Drive Range Line Road Overlay Zone.
Ordinance Z- -12
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02/07/2012
to ro )e
i s in the Carmel
ZO Chapter 21: Special Uses Special Exceptions
Amend Section 21.02.07: Time Limit to read:
21.02.07Time Limit. Any person to whom a Special Use or Special Exception is granted by the Board. under the
procedures set forth in this chapter. shall have commenced continuous construction of said Special Use or
Special Exception or implemented said Special Use or Special Exception within years of the date
of the granting of the approval or said approval shall become null and void.
Upon application to the Director before the expiration of said approval, and upon good cause shown. said
approval may be extended for six (6) months.
ZO Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone
j. Amend Section 23C.10: Landscaping Requirements to read:
23C.10 Landscaping Requirements.
23C.10.01 Lai dscapinn Plan. The applicant shall submit a Landscaping Plan to the Commission as part
of the ADLS application. This plan shall be drawn to scale, including dimensions and distances: shall
delineate ^11 existing and proposed structures, private parking areas. walks, ramps for the handicapped.
terraces. driveways. signs. lighting standards, .steps, storm water facilities and ocher similar structures:
and shall delineate the location. size and description of all landscape material and the method to be
used for the watering or irrigation of ail planting areas. Landscape treatment for plazas. roads, paths,
service and private parking areas and storm wader areas shall he designed as an integra and
coordinated part of the Landscaping Plan for the entire site. The Landscaping Plan shall require the
approval of the Commission.
23C.10.02 Areas to be Landscaped:
1. Greenbelt. 1 he thirty (30) foot Greenbelt shall be composed of grass and landscape areas.
The incorporation of walkways and bikeways into the design is encouraged: however. no
parking lots, through roads. buildings. accessory structures. e/c. shall be established within
this area.
2. Foundation Plantings.
_Foundaa.ion plantings shall he included along all sides of any building. with
exceptions for appropriate approach driveways. pedestrian seating and pedestrian
access to building entrances.
Spacing for foundation shrubbery shall not exceed five (5) foot intervals: except
where occu pied b a sidewalk driveway or ther im ►ervious surface.
c. y.. Foundation p lantings
shall extend the length of the building and shall be five (5) feet wide. except that
when adjoining a parking area located in the front yard adjoining U.S. 421, the
minimum width shall be ten (10) feet.
Peripheral Plantings. Minimum side and rear yard landscaping shall occur per the
Commission's Bufferyard Guidelines.
4. Parking Lots. Per standards specified below in .Section 23C.10.03.
Screening Areas. All air conditioning units, HVAC 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 U.S. Highway 421 right -of -way and adjoining
residential zones or uses using walls. fencing. parapets, penthouse screens. landscaping,
camouflage. or other approved method.
Ordinance Z-###/- 12
4
02/07/2012
23('.10.03 Landscaping Standards
The dimensions 'eciF:'atiow and design of any planting area or planting median
shall be sufficient to protect the landscaping materials planted therein and to provide for
proper growth. The following minimum :14 -yeialtdtsdimensions for folA h,tb, :Uc;t each tree
or shru shall be used:
a. (aai„zpy Shade and Conifer "frees: Nine (9) feet by Nine (9_). feet;
b. Ornamental Trees: Seven (7) feet by Seven (7) feet:
c. Shnubs (only): Five (5) feet byFive_,5) feet.
2. All plant material proposed to be used in accordance with any Landscaping Plan shall meet
the following specifications:
a. Shade trees: a minimum trunk diameter of two and one -half (21) inches at six (6)
inches above grade, a minimum height of eight (8) feet. and a branching height of
not less than one -third (1/3) or more than one -half of tree height.
b. Ornamental trees: a minimum tnmk diameter of one and one -half (11) inches at six
(6) inches above grade. a minimum height of six (6) feet. and a branching height of
not less than one -third (1/3) or more than one -half (1) of tree height.
c. Evergreen trees: a minimum height of eight (8) feet. and a width of not less than
three- fifths (3/5) of the height.
d. Deciduous shrubs: a minimum height of eighteen 8) inches, no less than six (6)
main branches upon planting, and a mature height no greater than thirty -six (36)
inches.
e Evergreen shrubs: a minimum height and spread of eighteen (18) inches. maximum
mature height of thirty -six (36) inches.
3. Greenbelt. The pnmary landscaping materials used in the Greenbelt shall be shade trees.
ornamental trees. shrubs. ground covers. grass, e e.
a. A minimum of three (3) shade trees and one (1) ornamental tree shall be proN ided
per 100 linear feet of Greenbelt.
h. Shade trees planted within the Greenbelt parallel to the U.S. Highway 421 right -of-
way shall he spaced neither less than fifteen (15) feet apart nor more than forty (40)
feet apart.
Foundation Plantings. The primary landscaping materials used adjacent to buildings shall be
shrubs. ground covers, and ornamental grasses.
5. Parking Lots.
a. Interior Landscaping. A minimum of one (1) shade tree and fi 4 e 5) shrubs shall be
planted within each parking lot for every nine (9) spaces provided. or not less than
eighteen (18) trees per acre of parking.
However. for buildings with parking areas located in a front yard, with frontage
directly on U.S. 421, a minimum of one (1) shade tree and five (5) shrubs shall he
planted within each parking lot for every six (6) spaces provided. or not less than
twenty -four (24) trees per acre of parking.
h. Parking Lot Perimeter Planting. Where parking areas are located in the front yard.
with frontage directly on U.S. 421. a six (6) foot wide perimeter planting area shall
be provided along the front and sides of those areas.
1) The required planting unit for this area shall include: two (2) shade trees.
three (3) ornamental trees. and thirty (30) shrubs per 100 linear feet.
2) The perimeter planting area shall be provided in addition to the Greenbelt
area,
Ordinance Z- 12
5
02 /07/2012
23('.10.04
c. Front and Side Parking. Parking areas within front and side yards shall be
completely screened from view. Such screening shall be subject to Commission
approval.
Landscaping Installation and Maintenance
Installation. All landscaping approved as part of the Landscaping and /or Development Plan
shall be installed prior to the issuance of a Certificate of Occupancy by the Department. If it
is not possible to install the required landscaping because of weather conditions, the property
owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for an
amount equal to the total cost of the required landscaping.
2. Maintenance. It shall be the responsibility of the owners and their agents to insure proper
maintenance of all trees, shrubs and other landscaping approved as part of the Landscaping
and Development Plans 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. irrigation and mulching of planting areas. and keeping the area free of refuse,
debris, rank vegetation and weeds.
Changes after Approval. No landscaping which has been approved by the Commission may
later he substantially altered, eliminated or sacrificed without first obtaining further
Commission approval. However, minor material alterations in landscaping may he approved
by the Director in order to conform to specific site conditions.
4. Inspection. The Director may visit any tract within the Overlay Zone to inspect the
landscaping and check it against the approved plan on file.
ZO Chapter 24: DP and ADLS Regulations
k. Amend Section 24.99: Procedures for Submission and Review to rend:
24.99.0 Appeals
1. Authority. The Commission may hear. review and determine appeals taken from any order,
requirements. decision or determination made by a i arias OfflccrHearing Examiner or Committee
authorized to approve the Development Plan or ADLS or any portion thereof.
2. Filing Deadline. All appeals shall be filed with the Director within -five (5i days of the
action to be apl•ealed.
3. Appeal Procedure.
a. Consultation with the Director and Application. Appellants shall meet with the Director in
order to examine the nature of the proposed appeal, review the regulatory ordinances and
materials. and review the appeal procedures. The Director shall aid the appellant in preparing
his application and supporting documents as necessary. The appellant shall then submit two
(2) copies of the written application form and all necessary supporting documents and
materials.
b. Initial Review of the Application and Supporting Documents and Materials by the Director:
Submission to the Commission. Following the receipt of the written appeal application and
necessary supporting documents and materials by the Director, he shall then review the
materials solely for the purpose of determining whether the application is complete. is in
technical compliance with all applicable ordinances. laws and regulations and is to be
forwarded to the Commission. if the materials submitted by the appellant are not complete. or
do not comply with the necessary legal requirements. the Director shall inform the appellant
of the deficiencies in his materials. Unless and until the Director formally accepts the appeal
application as complete and in legal compliance it shall not be considered as formally filed for
the purpose of proceeding to the succeeding steps toward Commission consideration of the
appeal as hereinafter set forth. The application is formally fi led when it is placed upon the
Commission agenda by the Director according to the Commission's Rules of Procedure.
Public Hearing by the Commission. Once the Director has accepted and filed the appeal
application with the Commission. he shall assign a docket number and set a date and time for
a public hearing as required by the Rules of Procedure of the Commission. The appellant
shall be responsible for the cost and publication of the required published legal notification of
the public hearing. The appellant shall also notify all interested parties and property owners
Ordinance Z- P2
6
02/07/2012
as required by the Rules of Procedure of the Commission. The conduct of the public hearing
shall be in accordance with the Commission's Rules of Procedures.
d. Approval or Denial of the Appeal by the Commission. Following the public hearing on the
appeal. the Commission shall approve, approve with conditions. or deny the appeal. In
exercising its powers. the Commission may reverse or affirm. wholly or partly, or may modify
the order, requirement. decision or determination appealed as in its opinion ought to be done
on the premises, and to that end shall hale all the pov,ers of the t ing t )il:eefHearing
Examiner or Committee from whom the appeal is taken. Upon reaching a decision on the
appeal request. the Commission shall enter into its records the reasons for its decision and
shall provide the appellant with a copy of said reasons, if requested. The Commission shall
inform the Director and the appellant of its decision, including all conditions contained as a
part thereof. All further actions taken by the appellant or the Director concerning the item
that was appealed, including the issuance of Improvement Location Permits. shall be subject
to said ruling of the Commission.
4. Stay of Work.
When an appeal from €is► 0fl +ee;Ilearin2 Examiner or Committee has been filed with the
Commission, all proceedings and work on the premises upon which the appeal has been filed shall be
stayed unless ilearinr. )tfice°Ilearing Examiner or Committee from whom the appeal was taken shall
certify to the Commission that. by reason of facts stated in the certt;icate, a stay would cause
immediate peril to life or property. In such case, proceedings or work shall not be stayed except by a
restraining order which may be granted by the Commission or by a court of competent jurisdiction, on
notice to Heaain Examiner or Committee from whom the appeal is taken and the
owner or proprietor of the premises affected and on due cause shown. After the owner. his agent
and /or a person or corporation in charge of the work on the premises affected has received notice, the
Director shall have full power to order such work discontinued or stayed and to call upon the police
power of the City or County to give full force and effect to the order.
ZO Chapter 25: Additional Use Regulations
1. Amend Section 25.01: Accessory Buildings and Uses to read:
25.01 Accessory Buildin;rs and Uses.
25.01.01: Residential Districts.
A. Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely
incidental to the uses allowed in a given district are permitted provided that:
1. Accessory Buildings and Uses shall not alter or change the character of the premises:
2. Accessory Buildings and Uses shall he on the same lot as the Principal Building to which they
are accessory:
3. Accessory Buildings shall not be attached to the Principal Building, with the exception of an
allowable uniform and continuous roof supported by customary supports or joists. and no
other connection or attachment between the structures exists:
4. Timing
a. No Accessory Building shall be constructed upon a lot until the construction of the
Principal Building has actually commenced: and,
b. No Accessory Building shall be used unless the Principal Building on the Lot is also
being occupied for the intended purposes.
c. However, nothing shall prevent the use of a Temporary Construction Facility for the
storage of tools. material and equipment by a contractor during building
construction:
13. Height and Area Requirements.
1. Maximum Height. Eighteen (18) feet.
2. Minimum Lot Area. Per underlying zoning district.
Ordinance Z- -I2
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02/07/2012
Minimum Lot Standards.
a. Minimum Front Yard.
i. Except as otherwise provided for Corner and Through Lots. when detached
from the Principal Building, Accessory Buildings shall be set back a
minimum of the greater of the following:
(a) twenty -five (25) feet behind the Front Line of Building:
(b) twenty -live (25) feet behind the Building Setback Line.
ii. On Corner Lots no residential Accessory Building may be erected:
(a) forward of any Front Line of Building of the Principal Building. or
(b) in ,.ny required Minimum Front Yard.
iii. On 'Through Lots no Accessory Building may be erected:
(a) forward of the Front Line of Building of the front facade of the
Principal Building, or
(b) in the required Minimum Front Yard located to the rear of the
Principal Building
h. Minimum Side and Rear Yards.
i. When more than ten (10) feet from a Principal Building. Accessory
Buildings and Uses shall be set hack a minimum of the greater of the
following:
(a) Five (5) feet. or
(b) Easement plus three (3) feet, but not within any Easement or
required landscaped or greenbelt area.
(c) No fill from any excavation may be placed within the Easement.
ii. When closer than ten (10) feet to a Principal Building, Accessory Buildings
shall be considered as part of the Principal Building and shall be provided
with the Side and Rear Yards required for the Principal Building.
4. Maximum Lot Coverage. The combined square footage of all Dwellings. Private Garages and
Accessory Buildings on a given Lot shall not exceed thirty -five percent (35%).
5. Maximum Ground Floor Area. The combined square footage of the Ground Floor Area of a
Private Garage and /or Accessory Building shall not exceed seventy -five (75) percent of the
Ground Floor Area of the Principal Building. except that a detached garage. which is the only
Accessory Building on the lot, may equal the maximum dimensions of twenty -four (24) by
thirty (30) feet provided that the Ground Floor Area of the garage is less than or equal to the
Ground Floor Area of the Principal Building. Lots over three (3) acres and Multi- family
Residential shall be exempt from the requirements of this Section 25.01.01(B)(5).
6. Lighting. No Lighting shall cause Illumination at or beyond any Lot Line in excess of 0.1
Footcandle of light.
C. Accessory Uses.
1. Exceptions. Accessory Uses such as public utility installations. private walks. driveways.
retaining walls, mail boxes, nameplates, lamp posts, birdbaths and structures of a like nature
are permitted in any required Front. Side or Rear Yard.
2. Multi- family Districts.
Trash Receptacles. Trash receptacles must be enclosed on all four (4) sides and be
screened with landscaping to a minimum height of dumpster and /or compactor plus
two (2) feet.
Private radio and television reception and transmitting towers and antennas.
a. Permitted subject to applicable local. state and federal regulations.
Ordinance Z- 12
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02/07 /2012
b. No structure shall be located or permitted within ten (10) feet of a power
transmission line.
4. Guest House.
a. One (1) Guest I louse with cooking facilities may be permitted as an Accessory
Building on Lots containing not less than one (I) acre.
5. Servants Ouarters.
a. Quarters for bona fide servants employed by the occupants of the Dwelling are
permitted.
Tennis courts.
a. Shall be located only within a Side or Rear Yard.
b. Fencing. Open wire mesh fences surrounding tennis courts may be erected to a
height of sixteen (16) feet if such fences only enclose a regulation court area and
standard apron areas.
7. Private Garage. Where a Private Garage is entered from an Alley, it must be set back a
minimum of three (3) feet from the alley easement or right -of -way line.
8. Private Swimming Pool or Hot Tub.
a. Minimum Side and Rear Yard Setbacks. A swimming pool, hot tub. or its deck or
equipment shall he set hack a minimum of the greater of the following:
i. Ten (10) feet from the Side and /or Rear Lot Line,
ii. the Minimum Side and /or Rear Setback for the district, or
iii. Easement plus three (3) feet, but not within any Easement or required
landscaped or greenbelt area.
iv. No fill from pool or hot tub excavation shall be placed within three (3) feet.
of any Easement.
b. Safety. For purposes for safety, the following shall apply:
i. Walls or Fencing. Walls or fencing deemed to be impenetrable by the
enforcing authority, that is not less than five (5) feet high completely
surrounding the swimming pool and the deck area with exception of self
closing and latching gates and doors, both capable of heing locked;
ii. Other Means. Other means not less than five (5) feet high and deemed
impenetrable by the enforcing authority at the time of construction and
completely surrounding the pool and deck area when the pool is not used:
and
iii. Combination. A combination of Subsections (i) through (ii) that completely
surrounds the pool and deck with the exception of self closing and latching
gates and doors which are capable of heing locked: or
iv. Pool Cover. A safety pool cover may be used provided that:
(a) there is a continuous connection between the cover and the deck.
so as to prohibit access to the pool when the cover is completely
drawn over the pool;
(b) it is mechanically operated by key or key and switch such that the
cover cannot be drawn upon or retracted without the use of a key;
(c) it is capable of supporting a four hundred (400) pound imposed
load upon a completely drawn cover:
(d) it is installed with a track, rollers. rails or guides:
(e) it bears an identification tag indicating the name of the
manufacturer. name of the installer. installation date, and
applicable safety standards. if any.
Ordinance Z- -12
9
02/07/2012
(1') that it is in compliance with the Indiana swimming pool code, 2d
Edition. effective date September 13. 1989, as amended.
9. Raising of Hens. Hens shall qualify as a type of small animal permitted as a Residential
Kennel. provided they are confined by a coop or similar Accessory Building. Properties with hens
greater than the number allowed as a Residential Kennel, or with any rooster, shall be considered a
Farm.
ZO Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations
m. Amend Section 26.04: Perimeter Buffering Requirements to read:
26.04 Perimeter Buffering Requirements.
26.04.01 The requirements of this Section shall apply to all Special Uses. Subdivision Plats. properties
containing multi- family uses. and properties within all Business. Manufacturing. and Industrial
districts. unless other buffer or perimeter planting standards are specified within an individual district
or zone.
26.04.02Where required, perimeter buffenng shall be located along the front, side and rear lot lines of a
lot /parcel and shall extend the entire length of the front, side and rear lot lines.
ca➢ Perimeter buffering shall be reduced to a T ne A Bufferyard along the Frontage of a site where
build a re r .laccd with their front door located within eighty- five {85} feet o a street right -of -way...
Ibl Perimeter buffering, shall not be required along the Frontage of a site where buildings are placed
with their front door located within twenty 20) feet of a street right -of -way.
26.04.03 Where residential or other buildings back onto a public thoroughfare, buffer plantings shall occur
outside of the public right -of -way, per the Tables below.
26.04.04Perimeter 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 easement.
26.04.05 Planting Strip and Greenbelt plantings, as required in other sections of the Ordinance. may be used to
achieve perimeter buffervard requirements.
26.04.4 Existing vegetation may be used to achieve project buffering if:
(a) the vegetation located upon the subject parcel is of a quality and state of health to achieve
buffering, and.
(b) the vegetation is proposed to be preserved using accepted best management practices for tree
protection during construction.
(c➢ the dimensional ret uirements for buffer ard width can be fulfilled.
26.04 4(07 To determine the applicable bufferyard requirements:
(a) Use the Table for Buffrrrvard Determination to identify the land use category of the proposed
project use.
(h) Use the Table for Buffer yard Determination to identify the land use(s) of the adjoining
properties, or identify the street classification adjoining the proposed use by referring to the
Thoroughfare Plan +4-1 4'aFmmel ('1a Tuvvn:;
(c) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject
parcel by referring to the Table for Bufferyard Determination.
Ordinance 2- #4i# -12
10
02/07/2012
BUFFERYARD
SINGLE FAMILY
DUPLEX
MULTI FAMILY
ACTIVE
RECREATION
INSTITIUTIOAL
OFFICE;
RETAIL
WAREHOUSE;
LT. INDUSTRY
HEAVY
INDUSTRY
COLLECTOR
STREET
PARKWAY
(Prim. or Sec.)
ARTERIAL
(Prim. or Sec.)
EXPRESSWAY
OR
INTERSTA TE
HIGHWAY
SINGLE FAMILY
DEVELOPMENT
B
C
C
D
D
D
D
C
D
D
D
DUPLEX
DEVELOPMENT
C
A
C
B
B
C
C
D
B
D
D
D
MULTI FAMILY
DEVELOPMENT
C
C
B
B
B
C
C
D
C
D
D
D
ACTIVE
RECREATION
D
B
B
A
C
C
C
C
B
D
D
D
INSTITUTIONAL
D
B
B
C
A
A
C
C
B
D
D
D
OFFICE; RETAIL
D
C
C
C
A
A
C
D
B
D
D
D
WAREHOUSE;
LT. INDUSTRY
D
C
C
C
C
C
A
B
B
D
D
D
HVY.INDUSTRY
D
D
D
C
C
D
B
B
B
D
D
D
BUFFERYARD
MINIMUM YARD WIDTH
FRONT SIDE REAR
SHADE 1 REDS
ORNAMENTAL TREES
SHRUBS.
A
5'
10'
3
2
9
B
5'
10'
3
3
15
C
10'
20'
3
4
21
D
15'
25'
5
5
27
1
TABLE FOR BUFFERVARD DETERMINATION
Buferyard Design Standards in the table below are stated in terms of minimum width and number of pants
required per one hundred linear foot increment.
1.� green trees may substitute in Lieu of shrubbery. on a 1.3 basis (1 conifer Equals three shrubs)
ZO Chapter 31: General Provisions
n. Amend Section 31.06.05: Rides Governing Commitments, because paragraphs 3, 4, and 5 are now
superseded by IC 36-7-4-1015. to read:
31.06.05 Rul es Governing Commitments.
1. Form. A Commitment must be in substantially the form set forth in the Conunission's Rules of
Procedure, and must identify any specially affected persons or class of specially affected persons who
may enforce the Commitment. A Commitment must authorize its recording by the Director in the
Office of the Hamilton County Recorder.
2. Recording: Copies. A Commitment shall be recorded in the office of the Hamilton County Recorder
and takes effect upon the adoption of the proposal to which it relates. Following the recording of a
Commitment, the Director shall return the original recorded Commitment to the owner and shall retain
a copy of the recorded Commitment in the Commission's file.
3. 1'e15�{rt� Ii .t+tl: 1tt►1z i{ is modified s r 1 rnr1iwilt by thti• E'omtnis in accordance «ith
C tiva .ottitlg -r 4+ It-s t
ni t*Hf +,tmn; r'tWI- dtN+14f1 1f4C if31R•r2sI ha 4 I11a 1I1)iiCe *3 the
t141111r1I!llit9+1.
Ordinance Z- #It# -12
11
02/07/2012
h he- parcel --i-s t esi plated as a Planned U pit 1) ∎velt men
na
O. Amend Section 31.08: Cope on File to read:
31.08 GoreCopies on File.
copies of the Zoning Ordinance and the Subdivision Control Ordinance of the City of Carmel.
Indiana. as the;= may be amended from time to time. shall he filed in the office of the Clerk- Treasurer and shall he
available for public dewing during normal office hours. The Clerk Treasurer shall also keep additional copies of these
ordinances in the office for the purpose of sale or distribution.
ZO Appendix A: Schedule of Uses
P. Amend Appendix A: Schedule of Uses to read:
SEE EXHIBIT A
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are
hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
PASSED by the Common Council of the City of Carmel, Indiana this day of
2012, by a vote of ayes and nays.
Ordinance Z- 12
12
02/07/2012
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Kevin D. Rider
Richard L. Sharp, President Pro Tempore Carol Schleif
Ronald E. Carter W. Eric Seidensticker
Sue Finkam
ATTEST:
Diana L. Cordray, IAMC. Clerk- Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2012, at .M.
ATTEST:
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2012, at .M.
Diana L. Cordray, IAMC, Clerk- Treasurer
Luci Snyder
Prepared by:
Adrienne Keeling, Planning Administrator. One Civic Square. Carmel. IN 46032
Diana L. Cordray, IAMC, Clerk Treasurer
James Brainard, Mayor
Ordinance Z-##/#- 12
13
02/07/2012
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APPENDIX A: SCHEDULE OF USES
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