HomeMy WebLinkAboutOrdinance Z-444-04 Amended12/03/2004
Sponsor(s): Councilor Rattermann
ORDINANCE NO. Z-444-04
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance adopting Chapter 23F: Carmel Drive - Range Line Road Overlay Zone.
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in
IC 36-7-4), each uni~ 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 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket
No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan
Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
the City of Carmel and Clay Township; and
WHEREAS, the Common Council finds that it is reasonable and necessary to promote
and accommodate the orderly growth and development of the City of Carmel and Clay Township
by providing a temporary regulation that will complement the ongoing redevelopment of Carmel
City Center and Old Town, acting as a transition regulation until a specific plan for Carmel's
central business district (CBD) is adopted; 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 36-7-4-610 and City of Carmel Ordinance No. D-
1600-02, the Carmel Zoning Ordinance is incorporated by reference into the Carmel City Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Counei! of the City of
Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 04010027 OA
having received no recommendation from the Carmel Advisory Plan Commission on Tuesday,
September 21, 2004, it hereby adopts this Ordinance to amend the Cannel Zoning Ordinance
(Ordinance No. Z-289, as amended), to read as follows:
Section I:
a. Adopt Chapter 23F: Carmel Drive - Range Line Road Overlay Zone to read as follows:
23F.00 Carmel Drive - Ranne Line Road Overlay Zone.
23F.00.01
pumose. Intent and Authority. The purposo of this overlay zone is to protect and enhance the
health, safety and welfare of the citizens and property owners of Cannel by allowing for the
establishment of an uptown business district that will support a range of activities and
opportunities to all segments of the community; with mixed-uses in mu[fi-story buildings; is
pedest~'ian oriented and supportive of multiple modes of ~'ansportation; with buildings and a
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23F.00.99
strcetscape which ar~ a~active and safely designed in order to e~anco the [ivability of the
city.
It is the City's intent to achieve the purpose of this zone by:
· Providing a consistent urban design treatment for private and public properties in central
Carmel;
· Providing additional opportunities for investment and reinvestment in real estate by
mandating higher intensity of development;
· Minimizing suburban sprawl, through re-use and redevelopment of the community's land
· Minimize community infrastructure costs thru the more efficient use of land;
· Providing controls for architecture and landscape design to establish continuity of design
between projects and to improve the physical relationship between new buildings and
overall community.
Further, it is the intent of this overlay zone to provide a temporary regulation, that will
support the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of
Art and Design, acting ns a transition regulation until a specific plan for Carmel's central
bnsiness district (CBD) is adopted, and which plan will serve as the basis for CBD Zone
regulations.
This district is superimposed over the other primary zoning districts and its regulations shall
supersede those of the primary zoning districts over which it is superimposed. In establishing
this zone, the Plan Commission and Council relies on I.C. 36-7-4-1400 et seq.
Application Procedure.
A. ~. See Section 24.99(,4): Development Plan.
B. ,~rchitectural Desian. Exterior Liahtinm Lavclaear~in~. and Sienaee (ADLS~. See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (,4DLS).
23F.01 ~. The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the
Zone) are hereby established as approved on the Zoning Map.
23F.01.01 Parcels in the C-l/City Center and C-2/OId Town Districts shall be exempt from the
requirements of the Zone.
23F.02 Plan Commission Avvrov~l.
23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development
Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for
any tract of land in the Carmel Drive - Range Line Road Corridor Overlay Zone as required
in Sections 23F.02.02 and 23F.02.03.
23F.02.02 D~v~lopment Plan. A public hearing shall be held by the Commission before it decides
whether to approve or disapprove a DP. A DP shall be required for additions to existing
structures which exceed either of the following:
A. FiRy percent (50°/°) of the original lO'oss floor area of the existing srcucture, applicable
from the date of this ordinance, or
23F.02.03 Arohjtectural Desien. Exterior Liihting, Landscavin~z and Si~nage. The Commission shall
review and approve or approve with conditions the Architectural Design, Exterior Lighting,
Landscaping and Signage (ADLS), access to property, site layout, parking and site
circulation, consistent with the provisions set forth in Section 23F.08 through Section 23F.16,
Section 24.03 and such approvals shall be necessary prior to:
A. The establishment of any use of land;
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23F.02.04
B. The issuance of any Improvement Location Permit, except maintenance and/or repairs
consistent with previously approved ADLS. In cases where properties were developed
prior to ADLS requirement, maintenance end/or repairs shall be consistent with the
previously approved Improvement Location Permit;
C. Any change in site improvements which are not consistent with previously approved
ADLS. In cases where properties were developed prior to ADLS requirement, changes in
site improvements shal! be consistent with the previously approved Improvement
Location Permit.
Zoning Waivqr. The Commission may, aRar a public hearing, grant a Zoning Waiver of the
dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent
(35%). Any approval to permit such a waiver shall be subject to the following criteria:
A. The proposal shall enhance the overall Development Plan and the adjoining streetseapes
and neighborhoods.
B. The proposal shall not produce a Site Plan or street/circulation system that would be
impractical or detract from the appearance of the Development Plan or the District, and
shall not adversely affect emergency vehicle access. C. The proposal shall exhibit
extraordinary site design characteristics, including, but not limited to: Increased
landscap~ treatment, tree preservation, provisions for bicycle and pedestrian traffic.
In granting a waiver, the Commission may impose such conditions that will, in its judgment.
secure the purposes of this Chapter. This Section docs not affect the right of the applicant
under Indiana law to petition the Board for a variance from development standards provided
under IC 36-7-4-918.5 and this Zoning Ordinance.
23F.03 Permitted Uses. See Appendix A - Schedule of Uses.
23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses
expressly prohibited by Section 23F.0~1, are permitted in the Zone.
23F.03.02 Residential uses are permitted; however, it shall not'comprise more than seventy-five percent
(75%) of a project's gross floor area in distTicts where residential is not permitted in the
underlying zoning district.
23F.04 Special Uses: Prohibited Uses. See Appendix A - Schedule of Uses.
23F.IM.01 Snecial Uses.
Ail Special Uses which are permitled (upon obtaining a Special Use approval from the Board)
in the underlying zoning district(s), except those uses expressly excluded in this Seution or in
Appendix A: Schedule of'Uses, are permitted in the Overlay Zone upon the approval oftha
Board. In addition, any Use existing at the time of the passage of this Chapter which does not
conform to Section 2iF. OS: Permitted Uses but which otherwise does conform to the
applicable Use provisions of the underlying zoning district(s), shall be deemed to be and shall
be a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming
uses nor require Special Use approval for continuance but shall require Special Use approval
for any alteration, enlargement or extension.
23F.04.02 .Prohibited Uses.
A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales.
B. Sexually Oriented Businesses
C. All Industrial Uses in Appendix A
23F.04.03 Restoration at,er Destruction of Buildina.
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Nothing in this Chapter shall prevem the reslorafon of a building or structure destroyed one
hundred percent (100%) or less of its square footage at the time of such destruction by
explosion, fire, flood, earthquake, windstorm, act of God, riot or ant of a public enemy,
subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except
an illegal nonconforming use, of such building, structure or part thereof, as such use existed at
the time of such impairment of such building, structure or part thereof. All such restoration
and conslractinn shall be subject to the obtaining of an [mprovemect Location Permit, with
the fees waived for the restoration of a building or structure destroyed one hundred percent
(100%) or less ~nd restored according to its sta~e of existence prior to destractinn. All
restorations resulting in a dlvergec~ from original plans shall be subject to obtaining an
Improvement Location Permit and payment of fees and comply with Sections 23F.09 and
23F. 10.
23F.05 Buildine Setbacks.
23F.05.01 Build-to Line.
A. Minimum:
B. Maximum:
below.
23F.05.02
23F.05.03
Zero (0) feet, subject to racorded utility easement(s).
Ten (10) feet, subject to recorded utility easement(s) and to subparagraph C
C. Up to seventy-percant (70%) of the front tagade may be recessed for entrences and
outdoor seining; however, no entrance shall be recessed more than ten (10) feet, and no
outdoor seating area shall be recessed more than twenty (20) feet, subject to Commission
approval.
Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings
or other permanent improvement shall encroach into required landscape areas.
Conflictinu Reunirements. Wherever there exists a conflict bev, veen the building setb~k
requirements of ibc State Highway 431/Keystone Avenue Corridor Overlay Zone and the
Carmel Drive - Range Line Road Overlay Zone, the Stere Highway 431/Keystone Avenue
Corridor Overlay Zone shall govern.
231=.06 Buildin ~. Orientatinl~,
23F.06.01 Every perc~l with frontage on Cra-mci Driva and/or Range Line Road must have a building
that fronts on thos~ streets.
23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must
have a building that cccupias a minimum of 70% of that frontage.
23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the
maximum amount of fronlage, except for driveways, sidewalks and landscape areas, as
required by the Ordinance.
23F.06.04 Additional buildings may be built in the rear of the prop~m'y.
23F.06.05 All Principal Buildings shall face a public street, with a primm-y entrance from a public street.
23F.06.06 The primary entrtnce must be readily apparent as a prominent architectural fcarure and visible
from the street.
23F.07 Building Hei~tht.
23F.07.01 Principal Buildings must have at least two floors ofoceupiable space. The second and higher
floors must be at least fifty pemant (50%) the size of the building footprint and must be
oriented to the front of the building such that its front line is equal to that of the first floor.
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23F.07.02
23F.07.03
Minimum hcight: twenty-six (26) feat
Maximum height:
A. Thirty-five (35) feet, or three stories, whichever is greater, if adjacent to single-family
residential zone.
B. Fffiy-five (55) feet, or five (5) stories, whichever is greater.
23F.08 Building Footprint.
23F.08.01 Minimum: 0.5 Floor Ama Ratio (FAR).
23F.08.02 Maximum: 40,000 square feet.
23F.09 Construction Materials.
23F.09.01 Principal Buildings must be faced on front and sides with brick, stone, stucco or similarly
detailed precast concrete and trimmed in metal, stone, pr¢cast concrete, wood, stucco, or
brick.
23F.09.02 Rear building facade materials may vary, however, its material colors and composition must
be coordinated with the front and side fa~;ades.
23F. 10 Amhitectm'al Desien. Buildings in the Zone must include the following charantaristics:
23F. 10.0i Ground and upper floors with transparant glass; ground floor elevations must incorporate the
transparent glass as a significant component.
23F.10.02 A distinct cornice line at the top oftbe wall and intermediate horizontal elements, such as a
trim at the top of the ground floor are optional.
23F. 10.03 The faq:ade shall be provided relief by windows and ~urrounds, storefronts, doors, and features
such as special brick coursing, pilasters and lintels.
23F.10.04 The first floor and all other floors will have a coordinated composition, which will usually be
indicated by the alignment of upper floor windows and other features with openings and
features of the first floor.
23F. 10.05 When applicable, retail storeffonts shall be oriented along the public street front oftbe first
floor of the building, except for pedestrian entrances to parking areas or small entrance
lobbies for upper floors.
23F.10.06 Every face of the building with frontage on a public street must have openings for windows.
23F.10.07 Large expanses of glass are allowed, but the building may not be constructed entirely of a
metal and glass curtain wall.
23F. 10.08 Fixed or retractable awnings are permitted if they complement a building's architectural style,
material, colors, and details; do not conceal architectural features (such as cornices, columns,
pilasters, or decorative details); do not impair facade composition; and are designed as an
integral part of the f~ade. Metal or aluminum awnings are prohibited.
23F. 10.09 Pedestrian scale detailing is encouraged on the front elevation of the building at the ground
level. Beuauso the buildings are viewed very close up, all buildings should exhibit articulated
detail and ornament that is scaled to the pedestrian.
23F. 10.10 Rooftop mechanical Md telecommunication equipment shall be fully screened on all sides
using parapets, penthouse screens or other similar method and which are intelFated into the
overall building design and approved by the Commission.
Ordinance No. Z-444-04
12/03/2004
23F.11
Landscaping.
23F. I 1.01 Shade aces shall be planted within the street right-of-way, parallel to each street, per tho
standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a
minimum of thirty (30) feet.
23F.11.02 A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking
areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100
linear feet.
23F. I 1.03 Parking areas shall be located at the rear or side of buildings, and screened Mom the sidewalk
by Iow walls, low fences, or hedges.
23F. 11.04 Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall
be planted one (I) shade tree and five (5) shrubs per every nine (9) spaces.
23F. 11,05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate
the architecture of the Principal building(s) in construction material and detailing.
23F. I 1.06 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 50% of all trees that are 6" DBH
or larger and located within the required yard/setback areas.
All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a
Certificate of Occupancy by the Department. [f it is not possible to install the approved
landscaping became of weather conditions, the property owner shall post a bond prior to the
issuance of the Final Cer'dficate of Occupancy for the amount equal to the total installed cost
of the remaining, uninstalled landscape material.
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 oftbe ADLS 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, ircigatinn and mulching of planting
areas, and keeping the area free of refuse, debris, rank vegetation and weeds. Street trees in
this zone will be maintained by the City.
23F. I 1.09 All landscaping is subject to approval by the Commission. No landscaping which has been
approved by the Plan Commission may later be substantially altered, eliminated or sacrificed
without first obtaining fmther Commission approval. However, minor material alterations in
landscaping may be approved by the Director or his designee in order to conform to specific
site conditions.
23F. 11.10 Ground level mechanical/telecommunication equipment shall bc screened from the Street and
any adjoining residential zones or uses using walls, fencing, landscaping, or other method
approved by the Commission.
23F. 11.07
23F. II.08
23F.12 ~.
23F.12,01
23F.12.02
23F.12.03
Street lighting shall be provided as part of all projects, on both sides of the street when
possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted
City style.
Exterior lighting of the building or site shall be designed so that light is not directed off the
site and the light source is shielded from direct offsite viewing. For any use abutting single-
family residential uses, illumination levels shall not exceed 0.5 foot candles at the property
line.
Exterior lighting shall be architecturally integrated with the building style, material and color.
Rooftop lighting shall be prohibited.
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23F. 12.04
23P. 12.05
All exterior architectural, dispiny, decorative and sign lighting shall be generated from
concealed, low level fixtures.
The maximum height of light standards in parking areas shall not exceed the building height,
or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety
(90) feet of single family residential, their height shall not exceed fifteen (l 5) feet.
23F.13 Si~;nage.
23F.13.01
23F. 13.02
23F. 13.03
Prohibited signs:
A. Ground Signs
B. All other sigus specified in Section 25.07.01-4: Prohibited Signs.
Wall signs are allowed provided that they fit within the horizontal and vertical elements of the
building and not obscure details of the building. No sign shall be allowed to extend above the
cornice llne ora building. Size shell be determined by Sign Chun A of Section 25.07: Sign
Ordinance.
In cases where Wall Signs are located less than five feet (5') from a right-of-way line, the
Wall Sign shall be deemed to be located five (5) feet bom the right-of-way for purposes of
applying Sign Chart A to determine the allowable sign area.
23F.14 Pedestrian Circulation.
23F. 14.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width.
23F.14.02 Walkways shall be provided on at least one side of the building and shall provide access
between rear parking areas and Principal building entrances or the street. Unless otherwise
noted in this ordinance, the minimum width for wallcways shall be six (6) feet.
23F. 14.03 Neither sidewalks nor walkways shall be used by automotive traffic.
23F, 14.04 Pedestrian access shall be coordinated with and provided to adjoining properties.
23F,15 Parkint,.
23F.15.01
23F.15.02
23F. 15.03
23F.15.04
23F. 15.05
23F.15.06
Parking areas shall be setback not less than six (6) feet behind the Front Build-m-Line.
Parking are, as shall be located at the rear or side of buildings, and screened per Section
23~11.05.
Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2} feet for bumper
overhang.
Adjaeenffadjoining parking lots shall be interconnected either by alley or internal driveway,
and coordinated to accommodate pedestrian access.
Paths within parking lots of more than three rows shall be designated to accommodate
pedestrians safely from parking areas to sidewalks, walkways and/or building(s). Such paths
may consist of striping.
Bicycle parking shall be provided, one space per 100 feet of street frontage.
23F.16 Product Material &~ Refuse Stomee.
23 F.l 6.01 Material or product storage shall occur within the Principal building or an Accessory building.
23F. 16.02 Any Accessory Building for storage shall:
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23F. 16.03
A. Be architecturally compafibla with the Principal building and integrated into the overall
site layout.
B. Be approved by the Commission.
Any Accessory Building for storage or disposal of refuse shall:
A. Accommodate waste and r¢cyclable materials, and, if applicable, grease or other cooking
B. Be fully enclosed except for doors or gates which are kept closed unless loading or
unloading.
C. Be architecturally compatible with the Principal building and integrated into tho overall
site layout.
D. Be approved by the Commlssion.
23F. 17 Other Requirements.
All other requirements not mentioned in this Section shall remain as slated for that primary zoning
classification district mapped.
23F. 18 Sunsot Provision.
This Chapter expires December 31, 2006.
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed,
Ordinance No. Z-444-04
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1~/03/2004
Section III: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Ordinan~.No. Z-444-04 PASSED by the Common Council of the City of Carmel,
Indiana this 'o9'0 day of~X'~e.~o-~ , 2004, by a vote of q ayes and .-~
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
~cer
.~nald l~/J~,~,,~:terr-g/resident Pm Tempore
Joe Griffiths, District 4
Kevin Kirby, District 2
Mark Ratter~narm, At-Large
Rick Sharp, District 1
ATTEST:
Diana'-Treasurer
Ordinance No, Z444.04
9
12t03/2004
Ordinance No. Z-444-04 Presented by me to the Mayor of the City of Carmel, Indiana
.. s~ ,'x, . %
thzs 04 day of.~_c~.-~b-q~2004, at lc> t_J_.M.
Diana~asurer
Ordinance No. Z-444-04 Approved by me, Mayor of the City of Carmel, Indiana, this
ATTEST:
Diana~easurer
Prepared by: John 1L Molitor
Carmel Plan Commission Attorney
One Civic Square
Carmel, IN 46032
Ordinance No. Z444.04
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