HomeMy WebLinkAboutPacket 05-01-12City of Carmel
CARMEL PLAN COMMISSION
ONE CIVIC SQUARE
MEMORANDUM-
Date: April 20, 2012
To: Subdivision Com ittee Members
From: Adrienne Keeling{
Department of Community Services
Re: May 1s Subdivision Committee 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.
Docket No. 12010005 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 6: S-
2/Residence District, Chapter 7: R -1 /Residence District, Chapter 8: R- 2/Residence District, Chapter 9: R-
3 /Residence District, Chapter 10: R -4 /Residence District, Chapter 20A: 1 -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 contact me if you have any questions about the Patch items...
AMENDMENT SUMMARY:
Most of the text changes have been made from the discussion at the meeting on April 10 and are highlighted in
the attached draft. However, we are still researching CCRC definitions and have yet to determine the
appropriate order of Definitions to eliminate the order, confusing dilemma. Look for an addendum to the Patch
Ordinance with your Department Reports to be mailed on April 26"'.
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20120501, 12010005 OA; Patch IX Committer Memo docx
C_1Ri�tEL, INDIANA 46032 317/571-2417
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1 Sponsor: Councilor Rider
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ORDINANCE Z- XXX -12
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
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7 An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch IX)
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9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7-
10 4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
11 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
12 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
13 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and
14 duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore
15 the official Comprehensive Plan of the City of Carmel and Clay Township; and
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17 and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance;
18 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the
19 text of the zoning ordinance; and
20 WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the
21 text of the Subdivision Control Ordinance; and
22 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02,
23 the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City
24 Code;
25 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
26 Indiana, that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq and after Docket No. 12010005 OA
27 having received favorable recommendations from the Carmel Advisory Plan Commission on Tuesday,
28 2012, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance
29 (Ordinance No. Z -289, as amended) and the Carmel Subdivision Control Ordinance (Ordinance No. Z -160),
30 as amended, to read as follows:
31 Section I:
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33 SCO Chapter 3: General Provisions:
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35 a. Amend Section 3.06: Amendments to the Subdivision Ordinance to read:
3.06 Amendments to the Subdivision Ordinance.
Pursuant to I.C. 36 -7 -4 -701, the Subdivision Control Ordinance shall be adopted, amended, or repealed in the
same manner as the Zoning Ordinance.3.06.01 Any person, group of persons or organization -o
procedures cited herein.
e
Commissioner.
Ordinance Z-#0-1
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3.06.03 Following the recd
application fcc by the Building- €are
complete or do no comply with the necessary legal requirements, the Building Commissioner shall inform the
compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps
3.06.04 Oncc the Building Commissioner has accepted -and filed the application with the Commission, the Commission
or its delegate shall assign a docket net
Commissioner shall notify the applicant in wFitiig -af her -pr lie- hearing. The applicant shall he responses 1e fo
(10) days prior to the date of the public hearing. As necessary, the applicant shall also notify all adjoining and
abutting property owners, The Commission shall hold the public hearing according to its rules of procedure.
of 1rlatcrials incorporating the rcqui the application, the CommisMon shall make a
recommendation to the City Council for approval or-denial of the amendment application. The Commission
factors —it
recommendation and the vote in regard to said reconlrnendatio e- Gernnaission- report shall be certified to the
Commission Secretary and shall be forwarded to the City Council by its next regular heduled meeting.
Commission report. If t
obtained, Failure o
rccotn rnendation of the Commission.
Commission recommendation is positive, the City Council may approve the
the City Council to pass the prop to Subdi*isierti-Offlinance by the
t
l- (eject- the -pfepe sed
drncnt -hall not—be
Ordnance Z- -12
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38 SCO Chapter 7: Open Space Standards for Major Subdivisions:
39 c. Amend Chapter 7 Introduction, Section 7.00 through 7.02 to read:
40 7.00 Subdivision Open Space Design.
41 The Open Space Subdivision design approach has been adopted to ncourawe
42 neighborhood open space is integrated within all Major Subdivisions. Open Space should be set aside for active
43 or passive uses, and provide a network of open space. The open space requirements emphasize the protection of
44 natural areas, such as flood zones and woodlands, but also allow for more structured open spaces, such as parks
45 or squares, as well as for agricultural open space in the form of fields or pasture. Open space should be
46 consistent with the goals, objectives and policies set forth in the Comprehensive Plan.
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1 b. Amend Section 3.07: Variance to read:
3.07 �W aivers.
3.07.01 Pursuant to I.C. 36 -7 -4 -702, the Commission may, after a public hearing, waive any of the standards
fixed in this Ordinance. However, in terms of modifying any quantitative or dimensional requirement
such modification may not be greater than thirty -five percent (35%).
3.07.02 Any approval to grant a waiver shall be subject to the following criteria:
1. The proposal shall be in harmony with the purposes and the land -use standards contained in the
Comprehensive Plan.
2. The proposal shall enhance the subdivision plan, the central core area, the streetscapes, and the
neighborhoods, or at least not be any less desirable than the plan that could be created in conformance
with this Ordinance.
3. The proposal shall not produce lots or street systems that would be impractical or detract from the
appearance of the subdivision plan, and shall not adversely affect emergency vehicle access or deprive
adjoining noncommercial properties of reasonably adequate light and air.
4. The applicant shall demonstrate that the proposed waiver will produce equal or better results, from the
Commission's perspective, and represent the minimum waiver necessary.
3.07.03 If the Commission determines that the applicant has met his /her burden, it may grant a waiver under
this section. As an additional condition of granting a waiver, the Commission may allow or require a
commitment to be made by the applicant under I.C. 36 -7 -4 -1015.
Ordinance Z-###- 12
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RESIDENCE
DISTRICT
(PER ZONING
STANDARD
OPEN SPACE
REQUIREMENT
(SOSR)
SUBDIVISION
A6e�4ere)
ORDINANCE)
S Reside Estate
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15%
441
15c:(
-1-:8
S 1-Lew-Ifitensity
15%
S -2
20%
2-4
R -1
20%
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R -2
20%
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R -3
25%
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25%
8,0
R -5
25%
12.0
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16 d. Amend Section 7.14: Modifications as follows:
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7.0001.... Exemptions.
�nnnr r
7. subdivisions shall be exempt from the requirements of this Chapter.
7.00.03 Major subdivisions with a gross density of .85 units per acre or less shall be exempt from the
requirements of this Chapter.
7.11 02 Subdivision Base Dens=t Space Requirements.
The base density permitted for new subdivisions is set forth below. The percentages in the following table refer
to the percentage of a subdivision's gross site acreage which must be devoted to open space as defined in this
Chap
7.14 Modirteatioffs, unassigned
The proposal shall he in harmony with the purposes and the land use standards contained in
gais-Chapie
Ordinance Z- -12
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the requirements of this article. In granting modifications, the Commission may imp= such
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ZO Chapter 2: Compliance with Regulations
e. Amend Section 2.09: Compliance with the Thoroughfare Plan to read:
2.09 Compliance with the Transportation Plan.
In addition to meeting requirements of Americans with Disabilities Act (ADA), aA11 projects and Improvements
or authorizations under the jurisdiction of this Ordinance that adjoin, include, are served by or affect existing
streets bearing a designation en-in the ghfaFe- Transportation Plan shall conform to the requirements of
the e-Transportation Plan Section of the Comprehensive Plan in regard to:
(1) the dedication of public Rights -of -way;
(2) design and construction of the improvements indicated by the Thereugh ure- Transportation
Plante •L. across the
roadway frontage of the project;
(3) Setback; and
(4) 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 :'he ou nfar-eeTransportation Plan across the roadway frontage.
The value of the commitment shall be equal to the difference in the value to otherwise design and construct the
improvements indicated by the Thoroughfare Transportation Plan across the roadway frontage, minus the cost
to design and construct those improvements indicated by the Thee— Transportation Plan across the
roadway frontage that will be installed by the petitioner. The values established above shall be approved by the
department of Engineering.
Conformance with the Thoroughfare Transportation Plan as outlined above shall be in addition to any
improvements d__m_d nom_..&_., required by:
(1) Subdivision Control Ordinance Chapter 5, Sections 5.03.05 and 5.05.02(3);
(2) St :te cnt per Zoning Ordinance Chapter 24, Section 24.02(B)(5)(e); and
(3) Other applicable standards.
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28 ZO Chapter 3: Definitions:
29 WORK ON CCRC AND THE RE- ORDERING OF DEFINITIONS CONTINUES AND WE WILL
30 SEND AN ADDENDUM WITH DEPARTMENT REPORTS.
31 f. Amend the following definitions in Section 3.07: Definitions to read:
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33 COMMUNITY, CONTINUING CARE RETIREMENT (CCRC).
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A health care facility that: (1) provides independent living services and health facility services in a campus
setting with common areas; (2) holds continuing care agreements with at least twenty -five percent (25
of its residents (as defined in IC 23- 2 -4 -1); (3) uses the money from the agreements described in
subdivision (2) to provide services to the resident before the resident may be eligible for Medicaid under IC 12-
15; and (4) meets the requirements of IC 23 -2 -4.
LOT COVERAGE. X1MU The entire—percentage of th, Lot or parcel which can be developed (Buildings.
principal or accessory; storage areas; driveways, parking lots and other accessory Uses).
Ordinance Z-###- 12
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1 ZO Chapter 5: S- 1/Residence District:
2 g. Amend Section 5.01: Permitted Uses to read:
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4 5.01.01 See Appendix A: Schedule of Uses.
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5.01 Permitted Uses:
5.01.02 Maximum Density: For a residential subdivision, 1.0 lots /acre.
9 h. Amend Section 5.02: Special Uses Special Exceptions to read:
10 5.02 Special Uses Special Exceptions:
11 A. See Appendix A: Schedule of Uses.
12 B. See Chapter 21: Special Uses Special Exceptions for additional regulations.
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14 5.02.01 Minimum Area Requirements:
Minimum Area
(Acres):
Cemetery Thirty (30)
Commercial Greenhouse Ten (10)
Day nursery One (1)
Kindergarten One (1)
Plant nursery Ten (10)
5.02.02 Other Requirements:
Use:
Mineral extraction, borrow pit, top
soil removal and their storage
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19 ZO Chapter 6: S- 2/Residence District:
20 i. Amend Section 6.01: Permitted Uses to read:
Use Other requirements:
Minimum perimeter Natural
Open Space buffer (as
defined in 4647.03.01 of
the Subdivision
Regulations) of 300 ft.
when adjoining or abutting
any residential use or
district.
6.01 Permitted Uses:
6.01.01 See Appendix A: Schedule of Uses.
6.01.02 Maximum Density: For a residential subdivision, 2.4 lots /acre.
Ordinance Z-###- 12
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35 20A.07 Landscaping Requirements. See Section 26.04: Perimeter Buffering Requirements and Section
36 28.01.08: Waivers.
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38 i ZO Chapter 20G: OM/Old Meridian District:
39 o. Add Section 20G.04.06.J as follows:
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1 ZO Chapter 7: R- 1/Residence District:
2 j. Amend Section 7.01: Permitted Uses to read:
7.01 Permitted Uses:
7.01.01 See Appendix A: Schedule of Uses.
7.01.02 Maximum Density: For a residential subdivision, 2.9 lots /acre.
ZO Chapter 8: R- 2/Residence District:
k. Amend Section 8.01: Permitted Uses to read:
8.01 Permitted Uses:
8.01.01 See Appendix A: Schedule of Uses.
8.01.02 Maximum Density: For a residential subdivision, 3.9 lots /acre.
ZO Chapter 9: R- 3/Residence District:
1. Amend Section 9.01: Permitted Uses to read:
9.01 Permitted Uses:
9.01.01 See Appendix A: Schedule of Uses.
9.01.02 Maximum Density: For a residential subdivision, 5.0 lots /acre.
ZO Chapter 10: R- 4/Residence District:
m. Amend Section 10.01: Permitted Uses to read:
10.01 Permitted Uses:
10.01.01 See Appendix A: Schedule of Uses.
10.01.02 'a =laximum Density: For a residential subdivision, 8.0 lots /acre.
ZO Chapter 20A: I- 1/Industrial District:
n. Add Section 20A.07: Landscaping Requirements as follows:
The Perimeter Bufferyard Requirements in Chapter 26 shall not apply to properties within the Old Meridian
District.
43 1 ZO Chapter 23F: Carmel Drive Range Line Road Overlay Zone:
44 p. Add Section 23F.11.11 as follows:
45 23F. 11. l 1 The Perimeter Bufferyard Requirements in Chapter 26 shall not apply to properties in the Carmel
46 Drive Range Line Road Overlay Zone.
Ordinance -I2
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1 ZO Chapter 21: Special Uses Special Exceptions
2 q. Amend Section 21.02.07: Time Limit to read:
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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 hree years of the date
of the granting of the approval or said approval shall become null and void.
7 Upon application to the Director before the expiration of said approval, and upon good cause shown, said
8 approval may be extended for six (6) months.
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10 ZO Chapter 23B: US Highway 31 Corridor Overlay Zone
11 r. Amend Section 23B. 10: Landscaping Requirements to read:
12 23B.10 Landscaping Requirements.
13 23B.10.01 Landscape Plan: A Landscape Plan shall be submitted to the Plan Commission for its approval at the
14 same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan
15 shall:
16 A. Be drawn to scale, including dimensions and distances;
17 B. Delineate all existing and proposed buildings, private parking areas, walks, ramps for
18 handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar structures;
19 C. Delineate the location, size and description of all plant material and the irrigation system for
20 all planting areas. Landscape treatment for plazas, roads, paths, service and private parking
21 areas shall be designed as an integral /coordinated part of the Landscape Plan for the entire
22 lot.
23 23B.10.02 Landscape Area Requirements:
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A. Greenbelt:
25 (1) The Greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in
26 width and landscaped per the requirements of Section 23B.10.03(B).
27 (2) The Greenbelt shall be unoccupied except for plant material, steps, walks, terraces,
28 bike paths, lighting standards, signs, and other similar structures (excluding a private
29 parking area). Mounding and other innovative treatments are to be encouraged in
30 this area.
31 (3) A base planting unit for each one hundred (100) linear foot increment of the
32 Greenbelt has been designated, as follows:
33 (a) Five (5) shade trees;
34 (b) Three (3) ornamental trees;
35 (c) Fifteen (15) shrubs or, three (3) evergreen trees;
36 B. Planting Strip:
37 (1) A planting strip, minimum width shall be ten (10) feet, shall be provided adjacent to
38 any Collector or Arterial Street, or Parkway right -of -way within the U.S. 31 Overlay
39 Zone.
40 (2) Adjacent to an Entry Drive: Minimum width ten (10) feet.
41 (3) Adjacent to any parking area: Minimum width as follows:
42 (a) five feet (5') wide when adjacent to business zoned property.
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44 (4) The planting strip shall be unoccupied except for plant material, steps, terraces,
45 driveway and pathway crossings, lighting standards, signs, benches, and other
46 similar structures.
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(b) fifteen feet (15') wide when adjacent to residential use or zoned property.
(5) The base planting unit for planting strips shall be as follows:
Ordinance Z- -12
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10 (1) A planting area equal to an area measuring twenty -five (25) feet in depth by the
11 width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on
12 both sides) shall be installed along building facades that face U.S. 31.
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21 These adjacent planting areas need not be rectangular in shape as long as the
22 required amount of space is landscaped; innovative and original designs are
23 encouraged.
24 D. Planting Within Parking Lots:
25 A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot
26 for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of parking. See
27 Section 23B.10.03(B) for minimum planting area requirements
28 E. Side/Rear Yard Landscaping: Planting unit shall occur per Paragraph F below.
29 F. Greenbelt Buffers shall be established within required side and rear yards pursuant to Section
30 26.04: Perimeter Buffering.
31 G. Total Landscaping Required:
32 Inclusive of the Greenbelt, the planting adjacent to the building(s), the Greenbelt Buffers, and
33 the planting within parking lots, a minimum of fifteen percent (15 of the project area shall
34 be landscaped.
35 23B.10.03 Landscaping Installation and Maintenance.
36 A. Materials: All plants proposed to be used in accordance with any landscaping plan shall meet
37 the following specifications:
38 (1) Shade trees: two and one -half inch (21 caliper, a minimum height of eight (8) feet,
39 and a branching height of not less than one -third (1/3) nor more than one -half (1/2) of
40 tree height.
41 (2) Ornamental trees: one and one -half inch (Ph") caliper a minimum height of six (6)
42 feet, and a branching height of not less than one -third (1/3) nor more than one -half
43 (I /z) of tree height.
44 (3) Evergreen trees: A minimum height of eight (8) feet
45 (4) Deciduous shrubs: A minimum height of twenty -four (24) inches, and no less than
46 six (6) main branches upon planting.
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1 (a) Adjacent to Parallel Collector /Arterial Roadways: For each one hundred
2 (100) linear foot increment:
3 (i) Three (3) shade trees
4 (ii) Two (2) ornamental trees
5 (iii) Ten (10) shrubs
6 (b) Adjacent to entry drives: Same planting unit standards as for Parallel
7 Collector /Arterial Roadways, above.
8 (c) Adjacent to parking areas: per Section 26.04: Perimeter Buffering.
C. Planting Adjacent to Buildings:
(2) A planting area equal to an area ten (10) feet in depth by the remaining sides of the
building shall be installed on all other sides of the building(s).
Spacing for foundation shrubbery shall not exceed five (5) feet intervals; except
where occupied by a sidewalk, driveway or impervious surface.
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).
If an approach driveway or sidewalk cuts into a planting area, the area displaced by
the driveway or sidewalk shall be added to the building perimeter planting.
(3)
(5) Evergreen shrubs: A minimum height and spread of twenty -four (24) inches.
Ordinance 7- -I2
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B. The dimensions, specifications and design of any planting area or planting median
shall be as follows:
(1) Shade and ConiferTrees: nine (9) feet wideby nine (9) feet;
(2) Ornamental Trees: seven (7) feet wideby seven (7) feet;
(3) Shrubs (only): five (5) feet widebv five (5) feet.
6 C. Landscaping materials selected shall be appropriate to local growing and climate conditions.
7 D. Installation: All required landscaping shall be installed prior to the issuance of a final
8 Certificate of Occupancy by the Department. If it is not possible to install the required
9 landscaping because of weather conditions, the property owner shall post a bond for an
10 amount equal to the total cost of the required landscaping not yet installed, prior to the
11 issuance of the Final Certificate of Occupancy.
12 E. Maintenance: It shall be the responsibility of the owners and their agents to insure
13 maintenance of project landscaping approved in accordance with the Overlay Zone
14 requirements. This is to include, but is not limited to, irrigation and mulching of planting
15 areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable
16 substitute, and keeping the area free of refuse, debris, rank vegetation and weeds.
17 F. Changes After Approval: No landscaping which has been approved by the, Commission may
18 later be materially altered, eliminated or sacrificed, without first obtaining further
19 Commission approval. However, minor alterations in landscaping may be approved by the
20 Director in order to conform to specific site conditions.
21 G. Inspection: The Director shall have the authority to visit any tract within the U.S. Highway
22 31 Overlay Zone to inspect the landscaping and check it against the approved plan on file.
23 23B.10.04 Protection of Existing Trees:
24 Sites with existing trees or stands of trees should make reasonable efforts to protect and incorporate
25 them into the overall site design. The Landscape Plan must preserve not less than seventy percent
26 (70 of all trees that are:
27 A. nine -inch (9 DBH or larger, and
28 B. located within the Greenbelt, Planting Strips and perimeter buffering.
29 23B.10.05 Waivers:
30 The Plan Commission may grant a waiver to the dimensional and quantitative standards of this Section
31 23B.10, by not greater than thirty -five percent (35 consistent with requirements set forth in Section
32 23B.02(C).
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34 ZO Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone
35 s. Amend Section 23C.10.: Landscaping Requirements to read:
36 23C.10 Landscaping Requirements.
37 23C 10.01 Landscaping Plan. The applicant shall submit a Landscaping Plan to the Commission as part
38 of the ADLS application. This plan shall be drawn to scale, including dimensions and distances; shall
39 delineate all existing and proposed structures, private parking areas, walks, ramps for the handicapped,
40 terraces, driveways, signs, lighting standards, steps, storm water facilities and other similar structures;
41 and shall delineate the location, size and description of all landscape material and the method to be
42 used for the watering or irrigation of all planting areas. Landscape treatment for plazas, roads, paths,
43 service and private parking areas and storm water areas shall be designed as an integral and
44 coordinated part of the Landscaping Plan for the entire site. The Landscaping Plan shall require the
45 approval of the Commission.
46 23C.10.02 Areas to be Landscaped:
47 1. Greenbelt. The thirty (30) foot Greenbelt shall be composed of grass and landscape areas.
48 The incorporation of walkways and bikeways into the design is encouraged; however, no
49 parking lots, through roads, buildings, accessory structures, etc. shall be established within
50 this area.
Ordinance 7_- -12
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1 2. Foundation Plantings.
2 a. Foundation plantings shall be included along all sides of any building, with
3 exceptions for appropriate approach driveways, pedestrian seating and pedestrian
4 access to building entrances.
5 b. Spacing for foundation shrubbery shall not exceed five (5) foot intervals; except
6 where occupied by a sidewalk, driveway or other impervious surface.
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c. Foundation plantings
shall extend the length of the building and shall be a minimum of 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.
3. 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.
5. 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.
23C.10.03 Landscaping Standards
1. The dimensions, specifications 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 interior w ialhsclimensions for pl ng arenseach tree
or shrub shall be used:
a. Canopy and Conifer Trees: Nine (9) feet by Nine (9) feet;
b. Ornamental Trees: Seven (7) feet by Seven (7) feet;
c. Shrubs (only): Five (5) feet 'y Five (5) feet.
27 2. All plant material proposed to be used in accordance with any Landscaping Plan shall meet
28 the following specifications:
29 a. Shade trees: a minimum trunk diameter of two and one -half (2') inches at six (6)
30 inches above grade, a minimum height of eight (8) feet, and a branching height of
31 not less than one -third (1/3) or more than one -half ('/2) of tree height.
32 b. Ornamental trees: a minimum trunk diameter of one and one -half (11/2) inches at six
33 (6) inches above grade, a minimum height of six (6) feet, and a branching height of
34 not less than one -third (1/3) or more than one -half (1) of tree height.
35 c. Evergreen trees: a minimum height of eight (8) feet, and a width of not less than
36 three -fifths (3/5) of the height.
37 d. Deciduous shrubs: a minimum height of eighteen (18) inches, no less than six (6)
38 main branches upon planting, and a mature height no greater than thirty -six (36)
39 inches.
40 e. Evergreen shrubs: a minimum height and spread of eighteen (18) inches, maximum
41 mature height of thirty -six (36) inches.
42 3. Greenbelt. The primary landscaping materials used in the Greenbelt shall be shade trees,
43 ornamental trees, shrubs, ground covers, grass, etc.
44 a. A minimum of three (3) shade trees and one (1) ornamental tree shall be provided
45 per 100 linear feet of Greenbelt.
46 b. Shade trees planted within the Greenbelt parallel to the U.S Highway 421 right -of-
47 way shall be spaced neither less than fifteen (15) feet apart nor more than forty (40)
48 feet apart.
49 4. Foundation Plantings. The primary landscaping materials used adjacent to buildings shall be
50 shrubs, ground covers, and ornamental grasses.
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23C.10.04
5. Parking Lots.
2 a. Interior Landscaping. A minimum of one (1) shade tree and five (5) shrubs shall be
3 planted within each parking lot for every nine (9) spaces provided, or not less than
4 eighteen (18) trees per acre of parking.
5 However, for buildings with parking areas located in a front yard, with frontage
6 directly on U.S. 421, a minimum of one (1) shade tree and five (5) shrubs shall be
7 planted within each parking lot for every six (6) spaces provided, or not less than
8 twenty -four (24) trees per acre of parking.
9 b. Parking Lot Perimeter Planting. Where parking areas are located in the front yard,
10 with frontage directly on U.S. 421, a six (6) foot wide perimeter planting area shall
11 be provided along the front and sides of those areas.
12 1) The required planting unit for this area shall include: two (2) shade trees,
13 three (3) ornamental trees, and thirty (30) shrubs per 100 linear feet.
14 2) The perimeter planting area shall be provided in addition to the Greenbelt
15 area.
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
20 1. Installation. All landscaping approved as part of the Landscaping and/or Development Plan
21 shall be installed prior to the issuance of a Certificate of Occupancy by the Department. If it
22 is not possible to install the required landscaping because of weather conditions, the property
23 owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for an
24 amount equal to the total cost of the required landscaping.
25 2. Maintenance. It shall be the responsibility of the owners and their agents to insure proper
26 maintenance of all trees, shrubs and other landscaping approved as part of the Landscaping
27 and Development Plans in accordance with the standards set by this Ordinance. This is to
28 include, but is not limited to, replacing dead plantings with identical varieties or a suitable
29 substitute. irrigation and mulching of planting areas, and keeping the area free of refuse,
30 debris. rank vegetation and weeds.
31 3. Changes after Approval. No landscaping which has been approved by the Commission may
32 later be substantially altered, eliminated or sacrificed without first obtaining further
33 Commission approval. However, minor material alterations in landscaping may be approved
34 by the Director in order to conform to specific site conditions.
35 4. Inspection. The Director may visit any tract within the Overlay Zone to inspect the
36 landscaping and check it against the approved plan on file.
37
38 ZO Chapter 24: DP and ADLS Regulations
39 t. Amend Section 24.99: Procedures for Submission and Review to read:
40 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 Hearing OfficerHearing 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 y--(30 five (5) days of the
action to be appealed.
3. Appeal Procedure.
47 a. Consultation with the Director and Application. Appellants shall meet with the Director in
48 order to examine the nature of the proposed appeal, review the regulatory ordinances and
49 materials, and review the appeal procedures. The Director shall aid the appellant in preparing
50 his application and supporting documents as necessary. The appellant shall then submit two
Ordinance 7 2
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3 b. Initial Review of the Application and Supporting Documents and Materials by the Director;
4 Submission to the Commission. Following the receipt of the written appeal application and
5 necessary supporting documents and materials by the Director, he shall then review the
6 materials solely for the purpose of determining whether the application is complete, is in
7 technical compliance with all applicable ordinances, laws and regulations and is to be
8 forwarded to the Commission. If the materials submitted by the appellant are not complete, or
9 do not comply with the necessary legal requirements, the Director shall inform the appellant
10 of the deficiencies in his materials. Unless and until the Director formally accepts the appeal
11 application as complete and in legal compliance it shall not be considered as formally filed for
12 the purpose of proceeding to the succeeding steps toward Commission consideration of the
13 appeal as hereinafter set forth. The application is formally filed when it is placed upon the
14 Commission agenda by the Director according to the Commission's Rules of Procedure.
15 c. Public Hearing by the Commission. Once the Director has accepted and filed the appeal
16 application with the Commission, he shall assign a docket number and set a date and time for
17 a public hearing as required by the Rules of Procedure of the Commission. The appellant
18 shall be responsible for the cost and publication of the required published legal notification of
19 the public hearing. The appellant shall also notify all interested parties and property owners
20 as required by the Rules of Procedure of the Commission. The conduct of the public hearing
21 shall be in accordance with the Commission's Rules of Procedures.
2 2 d. Approval or Denial of the Appeal by the Commission. Following the public hearing on the
2 3 appeal, the Commission shall approve, approve with conditions, or deny the appeal. In
24 exercising its powers, the Commission may reverse or affirm, wholly or partly, or may modify
25 the order, requirement, decision or determination appealed as in its opinion ought to be done
26 on the premises, and to that end shall have all the powers of the 14ea, Officer Hearing
27 Examiner or Committee from whom the appeal is taken. Upon reaching a decision on the
28 appeal request, the Commission shall enter into its records the reasons for its decision and
29 shall provide the appellant with a copy of said reasons, if requested. The Commission shall
30 inform the Director and the appellant of its decision, including all conditions contained as a
31 part thereof. All further actions taken by the appellant or the Director concerning the item
3 that was appealed, including the issuance of Improvement Location Permits, shall be subject
33 to said ruling of the Commission.
34 4. Stay of Work.
35 1 When an appeal from hearing OfficerHearing Examiner or Committee has been filed with the
36 Commission, all proceedings and work on the premises upon which the appeal has been filed shall be
37 1 stayed unless l4ea Offi e
y ,Hearing Examinee or Committee from whom the appeal was taken shall
38 certify to the Commission that, by reason of facts stated in the certificate, a stay would cause
39 immediate peril to life or property. In such case, proceedings or work shall not be stayed except by a
40 restraining order which may be granted by the Commission or by a court of competent jurisdiction, on
41 1 notice to Henn.... Offi erHearing Examiner or Committee from whom the appeal is taken and the
42 owner or proprietor of the premises affected and on due cause shown. After the owner, his agent
43 and/or a person or corporation in charge of the work on the premises affected has received notice, the
44 Director shall have full power to order such work discontinued or stayed and to call upon the police
45 power of the City or County to give full force and effect to the order.
46
47 ZO Chapter 25: Additional Use Regulations
48 u. Amend Section 25.01: Accessory Buildings and Uses to read:
49 25.01 Accessory Buildings and Uses.
50 25.01.01: Residential Districts.
51 A. Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely
52 incidental to the uses allowed in a given district are permitted provided that:
53
2
(2) copies of the written application form and all necessary supporting documents and
materials.
1. Accessory Buildings and Uses shall not alter or change the character of the premises;
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1 2. Accessory Buildings and Uses shall be on the same lot as the Principal Building to which they
2 are accessory;
3 3. Accessory Buildings shall not be attached to the Principal Building, with the exception of an
4 allowable uniform and continuous roof supported by customary supports or joists, and no
5 other connection or attachment between the structures exists;
6 4. Timing:
7 a. No Accessory Building shall be constructed upon a lot until the construction of the
8 Principal Building has actually commenced; and,
9 b. No Accessory Building shall be used unless the Principal Building on the Lot is also
10 being occupied for the intended purposes.
11 c. However, nothing shall prevent the use of a Temporary Construction Facility for the
12 storage of tools, material and equipment by a contractor during building
13 construction;
14 B. Height and Area Requirements.
15 1. Maximum Height. Eighteen (18) feet.
16 2. Minimum Lot Area. Per underlying zoning district.
17 3. Minimum Lot Standards.
18 a. Minimum Front Yard.
19 i. Except as otherwise provided for Corner and Through Lots, when detached
20 from the Principal Building, Accessory Buildings shall be set back a
21 minimum of the greater of the following:
22 (a) twenty -five (25) feet behind the Front Line of Building;
23 (b) twenty -five (25) feet behind the Building Setback Line.
24 ii. On Corner Lots no residential Accessory Building may be erected:
25 (a) forward of any Front Line of Building of the Principal Building, or
26 (b) in any required Minimum Front Yard.
27
28 (a) forward of the Front Line of Building of the front facade of the
29 Principal Building, or
30 (b) in the required Minimum Front Yard located to the rear of the
31 Principal Building.
32 b. Minimum Side and Rear Yards.
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35
43
44
45
4. Maximum Lot Coverage.
iii. On Through Lots no Accessory Building may be erected:
i. When more than ten (10) feet from a Principal Building, Accessory
Buildings and Uses shall be set back a minimum of the greater of the
following:
36 (a) Five (5) feet, or
37 (b) Easement plus three (3) feet, but not within any Easement or
38 required landscaped or greenbelt area.
39 (c) No fill from any excavation may be placed within the Easement.
40 ii. When closer than ten (10) feet to a Principal Building, Accessory Buildings
41 shall be considered as part of the Principal Building and shall be provided
42 with the Side and Rear Yards required for the Principal Building.
zoning district or applicable Overlay Zone.
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Per underlying
8 6. Lighting. No lighting shall cause Illumination at or beyond any Lot Line in excess of 0.1
9 Footcandle of light.
10 C. Accessory Uses.
11 1. Exceptions. Accessory Uses such as public utility installations, private walks, driveways,
12 retaining walls, mail boxes, nameplates, lamp posts, birdbaths and structures of a like nature
13 are permitted in any required Front, Side or Rear Yard.
14 2. Multi- family Districts.
15 a. Trash Receptacles. Trash receptacles must be enclosed on all four (4) sides and be
16 screened with landscaping to a minimum height of dumpster and /or compactor plus
17 two (2) feet.
18 3. Private radio and television reception and transmitting towers and antennas.
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39
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
Resit entiai shall be exempt from the requirements of this Section 25.01.01(B)(5).
a. Permitted subject to applicable local, state and federal regulations.
20 b. No structure shall be located or permitted within ten (10) feet of a power
21 transmission line.
22 4. Guest House.
23 a. One (1) Guest House with cooking facilities may be permitted as an Accessory
24 Building on Lots containing not less than one (1) acre.
25 5. Servants Quarters.
26 a. Quarters for bona fide servants employed by the occupants of the Dwelling are
27 permitted.
28 6. Tennis courts.
a. Shall be located only within a Side or Rear Yard.
30 b. Fencing. Open wire mesh fences surrounding tennis courts may be erected to a
31 height of sixteen (16) feet if such fences only enclose a regulation court area and
32 standard apron areas.
33 7. Private Garage. Where a Private Garage is entered from an Alley, it must be set back a
34 minimum of three (3) feet from the alley easement or right -of -way line.
35 8. Private Swimming Pool or Hot Tub.
36 a. Minimum Side and Rear Yard Setbacks. A swimming pool, hot tub, or its deck or
37 equipment shall be set back a minimum of the greater of the following:
38 i. Ten (10) feet from the Side and/or Rear Lot Line,
ii. the Minimum Side and/or Rear Setback for the district, or
40 iii. Easement plus three (3) feet, but not within any Easement or required
41 landscaped or greenbelt area.
42 iv. No fill from pool or hot tub excavation shall be placed within three (3) feet
43 of any Easement.
44 b. Safety. For purposes for safety, the following shall apply:
45 i. Walls or Fencing. Walls or fencing deemed to be impenetrable by the
46 enforcing authority. that is not less than five (5) feet high completely
47 surrounding the swimming pool and the deck area with exception of self
4 8 closing and latching gates and doors, both capable of being locked;
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1 ii. Other Means. Other means not less than five (5) feet high and deemed
2 impenetrable by the enforcing authority at the time of construction and
3 completely surrounding the pool and deck area when the pool is not used;
4 and
5 iii. Combination. A combination of Subsections (1) through (ii) that completely
6 surrounds the pool and deck with the exception of self closing and latching
7 gates and doors which are capable of being locked; or
8 iv. Pool Cover. A safety pool cover may be used provided that:
9 (a) there is a continuous connection between the cover and the deck,
10 so as to prohibit access to the pool when the cover is completely
11 drawn over the pool;
12 (b) it is mechanically operated by key or key and switch such that the
13 cover cannot be drawn upon or retracted without the use of a key;
14 (c) it is capable of supporting a four hundred (400) pound imposed
15 load upon a completely drawn cover;
16 (d) it is installed with a track, rollers, rails or guides;
17 (e) it bears an identification tag indicating the name of the
18 manufacturer, name of the installer, installation date, and
19 applicable safety standards, if any.
20 (f) that it is in compliance with the Indiana swimming pool code, 2d
21 Edition, effective date September 13, 1989, as amended.
22 9. Raising of Hens. Hens shall qualify as a type of small animal permitted as a Residential
23 Kennel, provided they are confined by a coop or similar Accessory Building. Properties with hens
24 greater than the number allowed as a Residential Kennel, or with any rooster, shall be considered a
25 Farm.
26
27 ZO Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations
28 v. Amend Section 26.02.07 in Additional Yard Requirements to read:
29 26.02 Additional Yard Requirements.
30 26.02.07 Required Front Yards in residential districts shall be devoted entirely to landscaped area except for
31 Frontage Places, guest parking and the necessary paving of driveways and sidewalks to reach parking or loading
32 areas in the Side or Rear Yard. The Minimum Front Yard of any Lot in a Subdivision -which utilized
33 relaxed Front Yard standards per Section 7.00.01 previously prescribed in the Residential Open Space Ordinance
34 of the Subdivision Control Ordinance shall be as follows:
35 A. Dwelling with attached. front loading garage: Twenty (20) feet.
36 Garage must be set back a minimum of twenty -five (25) feet
37 B. Dwelling with attached, side loading garage: Fifteen (15) feet.
38 Garage must be set back a minimum of twenty -five (25) feet.
39 C. Dwelling with attached, rear loading; or detached, alley- access garage: Ten (10) feet.
40
41 w. Amend Section 26.04: Perimeter Buffering Requirements to read:
42 26.04 Perimeter Buffering Requirements.
43 26.04.01 The requirements of this Section shall apply to all Special Uses, Subdivision Plats, properties
44 containing multi- family uses, and properties within all Business, Manufacturing, and Industrial
45 districts, unless other buffer or perimeter planting standards are specified within an individual district
46 or zone
47
48 1
26.04.02Where required, perimeter buffering 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.
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(a) Perimeter buffering shall be fedtic-ed-4.e a Type A Bufferyard along he Frontage of a site where
buildings, except in detached single-family subdivisions, are placed with their front door located
within eighty-five (85) feet of a street right-of-way.
(b) 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, shall count
toward may he used to achieve perimeter bufferyard requirements.
26.04.0506 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 requirements for bufferyard width can be fulfilled.
26.04.1` To determine the applicable bufferyard requirements:
(a) Use the Table for Buffervard Determination to identify the land use category of the proposed
project use.
(b) Use the Table for Bufferyard Determination to identify the land use(s) of the adjoining
properties, or identify the street classification adjoining the proposed use by referring to the
Official Thoroughfare Transportation Plan
(c) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject
parcel by referring to the Table for Buffervard Determination.
TABLE FOR BUFFERYARD DETERMINATION
Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants
required per one hundred linear foot increment.
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[S 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
INTERSTAwTE
HIGHWAY
SINGLE FAMILY
DEVELOPMENT
B
C
C
D
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
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(a) Perimeter buffering shall be fedtic-ed-4.e a Type A Bufferyard along he Frontage of a site where
buildings, except in detached single-family subdivisions, are placed with their front door located
within eighty-five (85) feet of a street right-of-way.
(b) 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, shall count
toward may he used to achieve perimeter bufferyard requirements.
26.04.0506 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 requirements for bufferyard width can be fulfilled.
26.04.1` To determine the applicable bufferyard requirements:
(a) Use the Table for Buffervard Determination to identify the land use category of the proposed
project use.
(b) Use the Table for Bufferyard Determination to identify the land use(s) of the adjoining
properties, or identify the street classification adjoining the proposed use by referring to the
Official Thoroughfare Transportation Plan
(c) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject
parcel by referring to the Table for Buffervard Determination.
TABLE FOR BUFFERYARD DETERMINATION
Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants
required per one hundred linear foot increment.
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BUFFERYARD
MINIMUM YARD WIDTH
FRONT SIDE REAR
SHADE TREES
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 *Evergreen trees may substitute in lieu of shrubbery, on a 1:3 basis (1 conifer equals three shrubs)
2
3 ZO Chapter 31: General Provisions
4 x. Amend Section 31.06.05: Rules Governing Commitments, because paragraphs 3, 4, and 5 are now
5 superseded by IC 36 -7 -4 -1015, to read:
6 31.06.05 Rules Governing Commitments.
7 1. Form. A Commitment must be in substantially the form set forth in the Commission's Rules of
8 Procedure, and must identify any specially affected persons or class of specially affected persons who
9 may enforce the Commitment. A Commitment must authorize its recording by the Director in the
10 Office of the Hamilton County Recorder.
11 2. Recording; Copies. A Commitment shall be recorded in the office of the Hamilton County Recorder
12 and takes effect upon the adoption of the proposal to which it relates. Following the recording of a
13 Commitment, the Director shall return the original recorded Commitment to the owner and shall retain
14 a copy of the recorded Commitment in the Commission's file.
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40 SEE EXHIBIT A
41
42
y.
C�
Amend Section 31.08: Copy on File to read:
31.08 £Copies on File.
A certified copy Two (2) copie of the Zoning Ordinance and the Subdivision Control Ordinance of the City of Carmel,
Indiana, as they may be amended from time to time, shall be filed in the office of the Clerk- Treasurer and shall be
available for public viewing during normal office hours. The Clerk Treasurer shall also keep additional copies of these
:rdin ances in the office for the purpose of sale or distribution.
ZO Appendix A: Schedule of Uses
z. Amend Appendix A: Schedule of Uses to read:
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