HomeMy WebLinkAboutPacket 05-15-12Date: May 4, 2012
To: Plan Commission Members
From: Adrienne Keeling
Department of Community Services
City of Carme
CARMEL PLAN COMMISSION
MEMORANDUM-
Re: May 15 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.
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 20G: Old
Meridian District, Chapter 21: Special Uses Special Exceptions, Chapter 23B: US Highway 31 Corridor Overlay
Zone, Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone, Chapter 23F: Carmel Drive
Range Line Road Overlay Zone, Chapter 24: Development Plan and Architectural Design, Exterior Lighting,
Landscaping Signage Regulations, Chapter 25: Additional Use Regulations, Chapter 26: Additional Height,
Yard, Lot Area and Buffering Regulations, Chapter 31: General Provisions and Appendix A: Schedule of Uses.
Filed by the Carmel Department of Community Services on behalf of the Carmel Plan Commission.
Please find enclosed a revised ordinance amendment draft which reflects the discussion and approval of the
Subdivision Committee. There were too many changes to list each individually; however, several of the
notable revisions are included below. Don't hesitate to contact me with any questions.
SUBDIVISION CONTROL ORDINANCE
3.06 AMENDMENTS TO THE SUBDIVISION ORDINANCE
This section was revised to more simply reference Indiana Code.
3.07 WAIVERS
A Plan Commission does not grant Variances, according to Indiana Statute, so we've changed all
instances of the term "variance" to "waiver" and streamlined the waiver criteria previously located in
Section 7.14.
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CARMEL, INDIANA 46032 317/571-2417
CHAPTER 7: OPEN SPACE STANDARDS FOR MAJOR SUBDIVISIONS:
The first several sections of the Chapter have been re -named and numbered. The density figures
currently listed in the table have been moved to their respective Zoning Ordinance Chapters to
prevent density waivers from being sought. Language from Section 7.14 was moved to Chapter 3
to address Subdivision Waivers.
ZONING ORDINANCE
CHAPTER 3: DEFINITIONS
The current definition of Continuing Care Retirement Community (CCRC) was kept.
The definitions Lot Coverage and Lot Coverage, Maximum are deemed to be duplicative, so we are
proposing to remove Lot Coverage.
Nursing, Retirement or Convalescent Facility definition was updated to clarify that they are typically
in congregate buildings, and may include hospice care. Specifically listing hospice a!;eviates a
confusing condition in Appendix A.
Health and Fitness was specifically listed in the Commercial Indoor Recreational Facility definition
to alleviate confusion in Appendix A where it currently appears Health and Fitness is only allowed in
the Old Meridian District.
CHAPTERS 5 -10 RESIDENTIAL DISTRICTS
Because density standards are no longer tied to the amount of open space provided in
Subdivisions, density figures were moved into each residential district of the Zoning Ordinance.
This transfer into the Zoning Ordinance forces increases in density to be reviewed as a Variance
(BZA) or a Rezoning (PC Council), instead of a Plan Commission Waiver.
APPENDIX A: SCHEDULE OF USES
Shading and clarifying language was added in an effort to differentiate between primary zoning
districts and overlay zones.
Hospice and Health /Fitness Facility have been removed as separate classifications because, in
both instances, they appear to be allowed only in the Old Meridian District. In practice, both uses
historically have been applied within other categories such as Nursing, Retirement or
Convalescent F a c i l i t y and Commercial Indoor Recreational F a c i l i t y respectively. I n an effort to
be clearer, we proposed the definitions in Chapter 3 be amended to specifically reference Hospice
and Health /Fitness Facility.
2012 -0515; 12010005 OA; PC Memo.docx
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CARMEL, INDIANA 46032 317/571-2417
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3 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
16 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance;
17 and
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,
2 8 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:
34 a. Amend Section 3.06: Amendments to the Subdivision Ordinance to read:
35 3.06 Amendments to the Subdivision Ordinance.
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Sponsor: Councilor Rider
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._
i)3oeedurr ruts hn in
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e or public hearing. The Building
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1 b. Amend Section 3.07: Variance to read:
3.07 VarioneeWaivers.
3.07.01 Pursuant to 1.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 result., from the
Commission's perspective, and represent the minimum wail, er 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 wail, er, the Commission may allow or require a
commitment to be made by the applicant under LC. 36 -7 -4 -1015.
3.07.01 The strict appiicati9n o the teerm. f th d
�r'�ricvi rtimss
SCO Chapter 7: Open Space Standards for Major Subdivisions:
c. Amend Chapter 7 Introduction, Section 7.00 through 7.02 to read:
7.00 Subdivision Open Space Design.
The Open Space Subdivision design approach has been adopted to enure e i n i mlm a im `encourage
neighborhood open space p-r- -within all Major Subdivisions. Open Space should be 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 also 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 policies set forth in the Comprehensive Plan.
Ordinance Z-### 12
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RESIDENCE
DISTRICT
(PER ZONING
ORDINANCE)
STANDARD
OPEN SPACE
REQUIREMENT
(SOSR)
SUBDIVISION
(Lots/Acm)
S-1-Residential-Estate
444
-14'
15%
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S -1 1 o -Ifitensity
15%
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S -2
20%
2.4
R -1
20%
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R -2
20%
3:9
R -3
25%
5.0
R -4
25%
8:A
R -5
25%
4-244
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16 d. Amend Section 7.14: Modifications as follows:
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7.04111 Exemptions.
70001 ed
7.00.02 Minor subdivisions shall be exempt from the requirements of this Chapter.
7490.03 Major subdivisions with a gross density of .85 units per acre or less shall be exempt from the
requirements of this Chapter.
7.4402 Subdivision Ras„ DensityOpen 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 Modifications- unassigned
th Chapt
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2 ZO Chapter 2: Compliance with Regulations
3 e. Amend Section 2.09: Compliance with the Thoroughfare Plan to read:
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28 ZO Chapter 3: Definitions:
29 f. Amend the following definitions in Section 3.07: Definitions to read:
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2.09 Compliance with the -ire- Transportation Plan.
In addition to meeting requirements of Americans with Disabilities Act (ADA), a #11 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 Thereughfare- Transportation Plan shall conform to the requirements of
the T-hereeghfece- 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 Thereug##afe-Transportation
Plan 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 `fie- Transportation 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 T eu pre Transportation Plan across the roadway frontage, minus the cost
to design and construct those improvements indicated by the T ereughfa Transportation Plan across the
roadway frontage that will be installed by the petitioner. The values established above shall be approved by the
depaarnent-Department of Engineering.
Conformance with the There "i ransportati Plan as outlined above shall be in addition to any
improvements d eeled ne_essaryrequired by:
(1) Subdivision Control Ordinance Chapter 5, Sections 5.03.05 and 5.05.02(3);
(2) Statementsper- Zoning Ordinance Chapter 24, Section 24.02(B)(5)(e); and
(3) Other applicable standards.
CONTINUING CARE RETIREMENT COMMUNITY! (CCRC). A place where three (3) or more
levels of continued care are provided to senior citizens, including but not limited to: independent living, assisted
living, and skilled nursing/memory care. It can include independent apartments, detached or attached cottages,
and nursing home rooms in a congregate building, as well as support services and facilities.
LOT COVERAGE M. The cntire percentage of the Lot or parcel which can be developed (Buildings,
principal or accessory; storage areas; driveways, parking lots and other accessory Uses).
NURSING, RETIREMENT OR CONVALESCENT FACILITY. A home for the aged or infirm in which three (3) or
more persons not of the same immediate Family are housed and provided with food, and/or care for
compensation in one (I) or more congregate buildings; but not including hospitals, clinics, or similar
Institutions devoted primarily to the diagnosis and treatment of the sick or injured. Included are limited care
apartments, suites for the elderly, hospr and assisted living and nursing homes.
RECREATIONAL FACILITY, COMMERCIAL INDOOR. Any area of land, Buildings and/or facilities used or
intended for indoor recreational purpose and operated for remuneration. This may include amusement parks
and arcades, billiard parlors, bowling alleys, dance halls, shooting galleries. indoor skating rinks, health/fitness
indoor sports facilities, and indoor tennis and racquetball facilities.
Ordinance Z-### -12
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3 ZO Chapter 5: S- 1/Residence District:
4 g. Amend Section 5.01: Permitted Uses to read:
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5.01 Permitted Uses:
5.01.01 See Appendix A: Schedule of Uses.
5.01.02 y a xan um Density: For a residential
11 h. Amend Section 5.02: Special Uses Special Exceptions to read:
12 5.02 Special Uses Special Exceptions:
13 A. See Appendix A: Schedule of Uses.
14 B. See Chapter 21: Special Uses Special Exceptions for additional regulations.
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5.02.01 Minimum Area Requirements:
Use:
Cemetery
Commercial Greenhouse
Day nursery
Kindergarten
Plant nursery
5.02.02 Other Requirements:
Use
Mineral extraction, borrow pit, top
soil removal and their storage
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21 ZO Chapter 6: S- 2/Residence District:
22 i. Amend Section 6.01: Permitted Uses to read:
subdivision, 1.0 lots /acre.
Minimum Area
(Acres):
Thirty (30)
Ten (10)
One (1)
One (1)
Ten (10)
Other requirements:
Minimum perimeter Natural
Open Space buffer (as
defined in 7.03( &)7.03.01 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 Tots /acre.
Ordinance Z-### 2
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4 j. Amend Section 7.01: Permitted Uses to read:
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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.
10.01.02Maximum Density: For a residential subdivision, 8.0 lots /acre.
35 ZO Chapter 20A: I- 1/Industrial District:
36 n. Add Section 20A.07: Landscaping Requirements as follows:
37 1 20A.07 Landscaping Requirements. See Section 26.04: Perimeter Buffering Requirements and Section
38 28.01.08: Waivers.
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40 I ZO Chapter 20G: OM/Old Meridian District:
41 o. Add Section 20G.04.06.J as follows:
The Perimeter Bufferyard Requirements in Chapter 26 shall not apply to properties within the Old Meridian
District.
Ordinance Z-### -12
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2 I ZO Chapter 23F: Carmel Drive Range Line Road Overlay Zone:
3 p. Add Section 23F.11.11 as follows:
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23F. 11.1 1 The Perimeter Bufferyard Requirements in Chapter 26 shall not apply to properties in the Carmel
Drive Range Line Road Overlay Zone.
ZO Chapter 21: Special Uses Special Exceptions
q. 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 one yeafthree year of the date
of the granting of the approval or said approval shall become null and void.
12 Upon application to the Director before the expiration of said approval, and upon good cause shown, said
13 approval may be extended for six (6) months.
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15 ZO Chapter 23B: US Highway 31 Corridor Overlay Zone
16 r. Amend Section 23B.10: Landscaping Requirements to read:
17 23B.10 Landscaping Requirements.
18 23B.10.01 Landscape Plan: A Landscape Plan shall be submitted to the Plan Commission for its approval at the
19 same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan
20 shall:
21 A. Be drawn to scale, including dimensions and distances;
22 B. Delineate all existing and proposed buildings, private parking areas, walks, ramps for
23 handicapped, terraces, drive -ways, signs, Iighting standards, steps and other similar structures;
24 C. Delineate the location, size and description of all plant material and the irrigation system for
25 all planting areas. Landscape treatment for plazas, roads, paths, service and private parking
26 areas shall be designed as an integral /coordinated part of the Landscape Plan for the entire
27 lot.
28 23B.10.02 Landscape Area Requirements:
29 A. Greenbelt:
30 (1) The Greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in
31 width and landscaped per the requirements of Section 23B.10.03(B).
32 (2) The Greenbelt shall be unoccupied except for plant material, steps, walks, terraces,
33 bike paths, lighting standards, signs, and other similar structures (excluding a private
34 parking area). Mounding and other innovative treatments are to be encouraged in
35 this area.
36 (3) A base planting unit for each one hundred (100) linear foot increment of the
37 Greenbelt has been designated, as follows:
38 (a) Five (5) shade trees;
39 (b) Three (3) ornamental trees;
40 (c) Fifteen (15) shrubs or, three (3) evergreen trees:
41 B. Planting Strip:
42 (1) A planting strip, minimum width shall be ten (10) feet, shall be provided adjacent to
43 any Collector or Arterial Street, or Parkway right -of -way within the U S. 31 Overlay
44 Zone.
45 (2) Adjacent to an Entry Drive: Minimum width ten (10) feet.
46 (3) Adjacent to any parking area: Minimum width as follows:
47 (a) five feet (5') wide when adjacent to business zoned property.
Ordinance Z- -12
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1 (b) fifteen feet (15') wide when adjacent to residential use or zoned property.
2 (4) The planting strip shall be unoccupied except for plant material, steps, terraces,
3 driveway and pathway crossings, lighting standards, signs, benches, and other
4 similar structures.
5 (5) The base planting unit for planting strips shall be as follows:
6 (a) Adjacent to Parallel Collector /Arterial Roadways: For each one hundred
7 (100) linear foot increment:
8 (i) Three (3) shade trees
9 (ii) Two (2) ornamental trees
10 (iii) Ten (10) shrubs
11 (b) Adjacent to entry drives: Same planting unit standards as for Parallel
12 Collector /Arterial Roadways, above.
13 (c) Adjacent to parking areas: per Section 26.04: Perimeter Bufering.
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C. Planting Adjacent to Buildings:
15 (1) A planting area equal to an area measuring twenty -five (25) feet in depth by the
16 width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on
17 both sides) shall be installed along building facades that face U.S. 31.
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(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).
(3) 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).
24 If an approach driveway or sidewalk cuts into a planting area, the area displaced by
25 the driveway or sidewalk shall be added to the building perimeter planting.
26 These adjacent planting areas need not be rectangular in shape as long as the
27 required amount of space is landscaped; innovative and original designs are
28 encouraged.
29 D. Planting Within Parking Lots:
30 A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot
31 for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of parking.-See
32 Section 23B.10.03(B) for minimum planting area requirements.
33 E. Side/Rear Yard Landscaping: Planting unit shall occur per Paragraph F below.
34 F. Greenbelt Buffers shall be established within required side and rear yards pursuant to Section
35 26.04: Perimeter Buffering.
36 G. Total Landscaping Required:
37 Inclusive of the Greenbelt, the planting adjacent to the building(s), the Greenbelt Buffers, and
38 the planting within parking lots, a minimum of fifteen percent (15 of the project area shall
39 be landscaped.
40 23B.10.03 Landscaping Installation and Maintenance.
41 A. Materials: All plants proposed to be used in accordance with any landscaping plan shall meet
42 the following specifications:
43 (1) Shade trees: two and one -half inch (2 %2 caliper, a minimum height of eight (8) feet,
44 and a branching height of not less than one -third (1/3) nor more than one -half (1/2) of
45 tree height.
46 (2) Ornamental trees: one and one -half inch (Ph caliper a minimum height of six (6)
47 feet, and a branching height of not less than one -third (1/3) nor more than one -half
48 ('h) of tree height.
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1 (3) Evergreen trees: A minimum height of eight (8) feet
2 (4) Deciduous shrubs: A minimum height of twenty -four (24) inches, and no less than
3 six (6) main branches upon planting.
4 (5) Evergreen shrubs: A minimum height and spread of twenty -four (24) inches.
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B. The niininluiie dimensions, specifications and design of any planting area or planting median
shall be as follows:
(1) Shade and ConiferTrees: nine (9) feetwideby nine (9) fee,
(2) Ornamental Trees: seven (7) feet wldeby seven (7) feet:
(3) Shrubs (only): five (5) feet wideby five (5) feet.
10 C. Landscaping materials selected shall be appropriate to local growing and climate conditions.
11 D. Installation: All required landscaping shall be installed prior to the issuance of a final
12 Certificate of Occupancy by the Department. If it is not possible to install the required
13 landscaping because of weather conditions, the property owner shall post a bond for an
14 amount equal to the total cost of the required landscaping not yet installed, prior to the
15 issuance of the Final Certificate of Occupancy.
16 E. Maintenance: It shall be the responsibility of the owners and their agents to insure
17 maintenance of project landscaping approved in accordance with the Overlay Zone
18 requirements. This is to include, but is not limited to, irrigation and mulching of planting
19 areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable
20 substitute, and keeping the area free of refuse, debris, rank vegetation and weeds.
21 F. Changes After Approval: No landscaping which has been approved by the Commission may
22 later be materially altered, eliminated or sacrificed, without first obtaining further
23 Commission approval. However, minor alterations in landscaping may be approved by the
24 Director in order to conform to specific site conditions.
25 G. Inspection: The Director shall have the authority to visit any tract within the U.S. Highway
26 31 Overlay Zone to inspect the landscaping and check it against the approved plan on file.
27 23B.10.04 Protection of Existing Trees:
28 Sites with existing trees or stands of trees should make reasonable efforts to protect and incorporate
29 them into the overall site design. The Landscape Plan must preserve not less than seventy percent
30 (70 of all trees that are:
31 A. nine -inch (9 DBH or larger, and
32 B. located within the Greenbelt, Planting Strips and perimeter buffering.
33 23B.10.05 Waivers:
34 The Plan Commission may grant a waiver to the dimensional and quantitative standards of this Section
35 23B.10, by not greater than thirty-five percent (35 consistent with requirements set forth in Section
36 23B.02(C).
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38 ZO Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone
39 s. Amend Section 23C. 10: Landscaping Requirements to read:
40 23C.10 Landscaping Requirements.
41 23C.10.01 Landscaping Plan. The applicant shall submit a Landscaping Plan to the Commission as part
42 of the ADLS application. This plan shall be drawn to scale, including dimensions and distances; shall
43 delineate all existing and proposed structures, private parking areas, walks, ramps for the handicapped,
44 terraces, driveways, signs, lighting standards, steps, storm water facilities and other similar structures;
45 and shall delineate the location, size and description of all landscape material and the method to be
46 used for the watering or irrigation of all planting areas. Landscape treatment for plazas, roads, paths,
47 service and private parking areas and storm water areas shall be designed as an integral and
48 coordinated part of the Landscaping Plan for the entire site. The Landscaping Plan shall require the
49 approval of the Commission.
Ordinance Z- -P2
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1 23C.10.02 Areas to be Landscaped:
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16 3. Peripheral Plantings. Minimum side and rear yard landscaping shall occur per the
17 Commission's Bufferyard Guidelines.
18 4. Parking Lots. Per standards specified below in Section 23010.03.
19 5. Screening Areas. All air conditioning units, HVAC systems, exhaust pipes or stacks,
20 overhead doors, outside storage areas, and satellite dishes shall be integrated into the overall
21 building design or screened from the U.S. Highway 421 right -of -way and adjoining
22 residential zones or uses using walls, fencing, parapets, penthouse screens, landscaping,
23 camouflage, or other approved method.
24 23C.10.03 Landscaping Standards
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1. Greenbelt. The 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, etc. shall be established within
this area.
2. Foundation Plantings.
Foundation plantings shall be included along all sides of any building, with
exceptions for appropriate approach driveways, pedestrian seating and pedestrian
access to building entrances.
1: Spacing for foundation shrubbery shall not exceed five (5) foot intervals; except
where occupied by a sidewalk, driveway or other impervious surface.
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.
1. The intcricw- -dimensions, specificntien 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 dimension r for planting-afeaseach tree
or shrub shall be used:
a. Canopy Shade 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 by Five (5) feet.
2. All plant material proposed to be used in accordance with any Landscaping Plan shall meet
the following specifications:
34 a. Shade trees: a minimum trunk diameter of two and one -half (2'h) inches at six (6)
35 inches above grade, a minimum height of eight (8) feet, and a branching height of
36 not less than one -third (1/3) or more than one -half ('h) of tree height.
37 b. Ornamental trees: a minimum trunk diameter of one and one -half (11/2) inches at six
38 (6) inches above grade, a minimum height of six (6) feet, and a branching height of
39 not less than one -third (1/3) or more than one -half of tree height.
40 c. Evergreen trees: a minimum height of eight (8) feet, and a width of not Tess than
41 three -fifths (3/5) of the height.
42 d. Deciduous shrubs: a minimum height of eighteen (18) inches, no less than six (6)
43 main branches upon planting, and a mature height no greater than thirty -six (36)
44 inches.
45 e. Evergreen shrubs: a minimum height and spread of eighteen (18) inches. maximum
46 mature height of thirty -six (36) inches.
47 3. Greenbelt. The primary landscaping materials used in the Greenbelt shall be shade trees,
48 ornamental trees, shrubs, ground covers, grass, etc.
49 a. A minimum of three (3) shade trees and one (1) ornamental tree shall be provided
50 per 100 linear feet of Greenbelt.
Ordinance MO -12
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23C.10.04
b. Shade trees planted within the Greenbelt parallel
way shall be spaced neither Tess than fifteen (15)
feet apart.
4. Foundation Plantings. The primary landscaping materials
shrubs, ground covers, and ornamental grasses.
5. Parking Lots.
a. Interior Landscaping. A minimum of one (1) shade tree and five (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 be
planted within each parking lot for every six (6) spaces provided, or not less than
twenty -four (24) trees per acre of parking.
b. 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.
to the U.S. Highway 421 right -of-
feet apart nor more than forty (40)
used adjacent to buildings shall be
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
1. 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.
3. Changes after Approval. No landscaping which has been approved by the Commission may
later be substantially altered, eliminated or sacrificed without first obtaining further
Commission approval. However, minor material alterations in landscaping may be 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
t. Amend Section 24.99: Procedures for Submission and Review to read:
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 14e_ring ^'_`fieerHearing Examiner or Committee
authorized to approve the Development Plan "Ai/LS or any portion thereof.
2. Filing Deadline. All appeals shall be filed with the Director within thifty-• })five (5) days of the
action to be appealed.
Ordinance Z-### 2
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1 3. Appeal Procedure.
2 a. Consultation with the Director and Application. Appellants shall meet with the Director in
3 order to examine the nature of the proposed appeal, review the regulatory ordinances and
4 materials, and review the appeal procedures. The Director shall aid the appellant in preparing
5 his application and supporting documents as necessary. The appellant shall then submit two
6 (2) copies of the written application form and all necessary supporting documents and
7 materials.
8 b. Initial Review of the Application and Supporting Documents and Materials by the Director:
9 Submission to the Commission. Following the receipt of the written appeal application and
10 necessary supporting documents and materials by the Director, he shall then review the
11 materials solely for the purpose of determining whether the application is complete, is in
12 technical compliance with all applicable ordinances, laws and regulations and is to be
13 forwarded to the Commission. If the materials submitted by the appellant are not complete, or
14 do not comply with the necessary legal requirements, the Director shall inform the appellant
15 of the deficiencies in his materials. Unless and until the Director formally accepts the appeal
16 application as complete and in legal compliance it shall not be considered as formally filed for
17 the purpose of proceeding to the succeeding steps toward Commission consideration of the
18 appeal as hereinafter set forth. The application is formally filed when it is placed upon the
19 Commission agenda by the Director according to the Commission's Rules of Procedure.
20 c. Public Hearing by the Commission. Once the Director has accepted and filed the appeal
21 application with the Commission, he shall assign a docket number and set a date and time for
22 a public hearing as required by the Rules of Procedure of the Commission. The appellant
23 shall be responsible for the cost and publication of the required published legal notification of
24 the public hearing. The appellant shall also notify all interested parties and property owners
25 as required by the Rules of Procedure of the Commission. The conduct of the public hearing
26 shall be in accordance with the Commission's Rules of Procedures.
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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 have all the powers of the 14ea g- OfficerHearing
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 H_g Office ~Hearing 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 Hearing Offcer iearwng uxarncne or Committee from whom the appeal was taken shall
certify to the Commission that, by reason of facts stated in the certificate, 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 Hea OffcerHearing 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.
Ordinance Z- -12
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2 ZO Chapter 25: Additional Use Regulations
3 u. Amend Section 25.01: Accessory Buildings and Uses to read:
4 25.01 Accessory Buildings and Uses.
5 25.01.01: Residential Districts.
6 A. Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely
7 incidental to the uses allowed in a given district are permitted provided that:
8
1. Accessory Buildings and Uses shall not alter or change the character of the premises;
9 2. Accessory Buildings and Uses shall be on the same lot as the Principal Building to which they
10 are accessory;
11 3. Accessory Buildings shall not be attached to the Principal Building, with the exception of an
12 allowable uniform and continuous roof supported by customary supports or joists, and no
13 other connection or attachment between the structures exists;
14 4. Timing:
15 a. No Accessory Building shall be constructed upon a lot until the construction of the
16 Principal Building has actually commenced; and,
17 b. No Accessory Building shall be used unless the Principal Building on the Lot is also
18 being occupied for the intended purposes.
19 c. However, nothing shall prevent the use of a Temporary Construction Facility for the
20 storage of tools, material and equipment by a contractor during building
21 construction;
B. Height and Area Requirements.
23 1. Maximum Height. Eighteen (18) feet.
24 2. Minimum Lot Area. Per underlying zoning district.
25 3. Minimum Lot Standards.
26 a. Minimum Front Yard.
27 i. Except as otherwise provided for Corner and Through Lots, when detached
28 from the Principal Building, Accessory Buildings shall be set back a
2 9 minimum of the greater of the following:
30 (a) twenty -five (25) feet behind the Front Line of Building;
31 (b) twenty -five (25) feet behind the Building Setback Line.
32 ii. On Corner Lots no residential Accessory Building may be erected:
33 (a) forward of any Front Line of Building of the Principal Building, or
34 (b) in any required Minimum Front Yard.
35 iii. On Through Lots no Accessory Building may be erected:
36 (a) forward of the Front Line of Building of the front facade of the
37 Principal Building, or
38 (b) in the required Minimum Front Yard located to the rear of the
39 Principal Building.
40 b. Minimum Side and Rear Yards.
41 i. When more than ten (10) feet from a Principal Building, Accessory
42 Buildings and Uses shall be set back a minimum of the greater of the
43 following:
(a) Five (5) feet, or
Ordinance Z- -12
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4. Maximum Lot Coverage.
(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.
Ordinance Z-### -12
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Per underlying
zoning district or applicable Overlay Zone.
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(8)(5).
17 6. Lighting. No lighting shall cause Illumination at or beyond any Lot Line in excess of 0.1
18 Footcandle of light.
19 C. Accessory Uses.
20 1. Exceptions. Accessory Uses such as public utility installations, private walks, driveways,
21 retaining walls, mail boxes, nameplates, lamp posts, birdbaths and structures of a like nature
22 are permitted in any required Front, Side or Rear Yard.
23 2. Multi family Districts.
24 a. Trash Receptacles. Trash receptacles must be enclosed on all four (4) sides and be
25 screened with landscaping to a minimum height of dumpster and/or compactor plus
26 two (2) feet.
27 3. Private radio and television reception and transmitting towers and antennas.
28 a. Permitted subject to applicable local, state and federal regulations.
29 b. No structure shall be located or permitted within ten (10) feet of a power
30 transmission line.
31 4. Guest House.
32 a. One (1) Guest House with cooking facilities may be permitted as an Accessory
33 Building on Lots containing not less than one (1) acre.
34 5. Servants Ouarters.
35 a. Quarters for bona fide servants employed by the occupants of the Dwelling are
36 permitted.
37 6. Tennis courts.
38 a. Shall be located only within a Side or Rear Yard.
39 b. Fencing. Open wire mesh fences surrounding tennis courts may be erected to a
40 height of sixteen (16) feet if such fences only enclose a regulation court area and
41 standard apron areas.
42 7. Private Garage. Where a Private Garage is entered from an Alley, it must be set back a
43 minimum of three (3) feet from the alley easement or right -of -way line.
44 8. Private Swimming Pool or Hot Tub.
45 a. Minimum Side and Rear Yard Setbacks. A swimming pool, hot tub, or its deck or
46 equipment shall be set back a minimum of the greater of the following:
47 i. Ten (10) feet from the Side and/or Rear Lot Line,
48 ii. the Minimum Side and/or Rear Setback for the district, or
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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:
6 i. Walls or Fencing. Walls or fencing deemed to be impenetrable by the
7 enforcing authority, that is not less than five (5) feet high completely
8 surrounding the swimming pool and the deck area with exception of self
9 closing and latching gates and doors, both capable of being locked;
10 ii. Other Means. Other means not less than five (5) feet high and deemed
11 impenetrable by the enforcing authority at the time of construction and
12 completely surrounding the pool and deck area when the pool is not used;
13 and
14 iii. Combination. A combination of Subsections (i) through (ii) that completely
15 surrounds the pool and deck with the exception of self closing and latching
16 gates and doors which are capable of being locked; or
17 iv. Pool Cover. A safety pool cover may be used provided that:
18 (a) there is a continuous connection between the cover and the deck,
19 so as to prohibit access to the pool when the cover is completely
20 drawn over the pool;
21 (b) it is mechanically operated by key or key and switch such that the
22 cover cannot be drawn upon or retracted without the use of a key;
23 (c) it is capable of supporting a four hundred (400) pound imposed
24 load upon a completely drawn cover;
2 5 (d) it is installed with a track, rollers, rails or guides;
26 (e) it bears an identification tag indicating the name of the
27 manufacturer, name of the installer, installation date, and
28 applicable safety standards, if any.
2 9 (f) that it is in compliance with the Indiana swimming pool code, 2d
30 Edition, effective date September 13, 1989, as amended.
31 9. Raising of Hens, Hens shall qualify as a type of small animal permitted as a Residential
32 Kennel, provided they are confined by a coop or similar Accessory Building. Properties with hens
33 greater than the number allowed as a Residential Kennel, or with any rooster, shall be considered a
34 Farm.
35
36 ZO Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations
37 v. Amend Section 26.02.07 in Additional Yard Requirements to read:
38 26.02 Additional Yard Requirements.
39 26.02.07 Required Front Yards in residential districts shall be devoted entirely to landscaped area except for
40 Frontage Places, guest parking and the necessary paving of driveways and sidewalks to reach parking or loading
41 I areas in the Side or Rear Yard. The Minimum Front Yard of any Lot in a Subdivision u gwhich utilized
42 relaxed Front Yard standards •i..n 00 n' previously prescribed in the Residential Open Space Ordinance
43 of the Subdivision Control Ordinance shall be as follows:
44 A. Dwelling with attached, front loading garage: Twenty (20) feet
45 Garage must be set back a minimum of twenty-five (25) feet.
46 B. Dwelling with attached, side loading garage: Fifteen (15) feet
47 Garage must be set back a minimum of twenty -five (25) feet.
48 C. Dwelling with attached, rear- loading; or detached, alley- access garage. Ten (10) feet.
Ordinance 7- -12
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2 w. Amend Section 26.04: Perimeter Buffering Requirements to read:
3 26.04 Perimeter Buffering Requirements.
4 26.04.01 The requirements of this Section shall apply to all Special Uses, Subdivision Plats, properties
5 containing multi- family uses, and properties within all Business, Manufacturing, and Industrial
6 districts, unless other buffer or perimeter planting standards are specified within an individual district
7 or zone.
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15 26.04.03Where residential or other buildings back onto a public thoroughfare, buffer plantings shall occur
16 outside of the public right -of -way, per the Tables below.
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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.
(a) Perimeter buffering shall be rcduccd to a 'type A Bufferyard along the 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.
26.04.04Perimeter 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 b us d 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.
26.04.0607 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 Buffervard Determination to identify the land use(s) of the adjoining
properties, or identify the street classification adjoining the proposed use by referring to the
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.
Ordinance 2- 2
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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
INTERSTATE
HIGHWAY
SINGLE FAMILY
DEVELOPMENT
B
C
C
D
D
D
D
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C
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DUPLEX
DEVELOPMENT
C
A
C
B
B
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C
D
B
D
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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 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
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10 ZO Chapter 31: General Provisions
11 x. Amend Section 31.06.05: Rules Governing Commitments, because paragraphs 3, 4, and 5 are now
12 superseded by IC 36 -7 -4 -1015, to read:
13 31.06.05 Rules Governing Commitments.
14 1. Form. A Commitment must be in substantially the form set forth in the Commission's Rules of
15 Procedure, and must identify any specially affected persons or class of specially affected persons who
16 may enforce the Commitment. A Commitment must authorize its recording by the Director in the
17 Office of the Hamilton County Recorder.
18 2. Recording; Copies. A Commitment shall be recorded in the office of the Hamilton County Recorder
19 and takes effect upon the adoption of the proposal to which it relates. Following the recording of a
20 Commitment, the Director shall return the original recorded Commitment to the owner and shall retain
21 a copy of the recorded Commitment in the Commission's file.
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2 1 T BLE FOR BUFFERYARD DETERMINATION
8 *Evergreen trees may substitute in lieu of shrubbery, on a 13 basis (1 conifer equals three shrubs)
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.
Count
}--below. e
Ordinance Z- -12
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Amend Section 31.08: Copy on File to read:
31.08 CopyCopie. on File.
A certified copy Two (2) copies 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
ordinances 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:
15 SEE EXHIBIT A
16
17
18 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are
19 hereby repealed.
20 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
21 Mayor.
22
23 PASSED by the Common Council of the City of Carmel, Indiana this day of
24 2012, by a vote of ayes and nays.
25
26
Ordinance Z- -12
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