HomeMy WebLinkAboutPacket 06-04-12 City CouncilTO: Carmel City Council
FROM: Adrienne Keeling./LL
Department of Community Services
SUBJECT: Z- 558 -12
DATE: May 24, 2012
MEMORANDUM
Please find the attached information on the following item forwarded by the Plan Commission. This item will
appear on your June 4 agenda.
Forwarded with a favorable recommendation:
Ordinance Z- 558 -12 (Docket No. 12010005 OA):
Patch Ordinance IX
Petition 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: I -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.
Enclosed is an ordinance amendment to modify and clarify a variety of Chapters of the Subdivision Control and
Zoning Ordinances. The amendments received a unanimous favorable recommendation from the Plan
Commission and are summarized herein.
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.
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.
2012 -0604; Z- 558 -12, Council Repon.docx
Page 1
ZONING ORDINANCE
CHAPTER 2: COMPLIANCE WITH REGULATIONS
The purpose of these changes is to update the terminology to better reflect the terminology in the C3 Plan. In
the old comprehensive plan, the term Thoroughfare Plan was used broadly to include both automobile and
bike /ped improvements. In the C3 Plan the term Thoroughfare Plan primarily addresses automobile facilities.
The term Transportation Plan is the overall title and includes the Thoroughfare Plan, Bicycle Pedestrian
Facility Plan as well as the Transit Plan. Note that there are no required improvements for Transit specified
at this time, only general terms.
Additionally, a phrase was added to include the ADA Compliance.
CHAPTER 3: DEFINITIONS
The definition of Continuing Care Retirement Community (CCRC) was revised to more closely relate to the
Indiana Code definition of the term.
The definitions Lot Coverage and Lot Coverage, Maximum are deemed to be duplicative, so we propose 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 alleviates a confusing
condition in Appendix A where it appears Hospice is only permitted in the Old Meridian District. We
propose to delete Hospice from Appendix A.
Health and Fitness was specifically listed in the Commercial Indoor Recreational Facility definition to
alleviate confusion in Appendix A where it appears Health and Fitness is only permitted in the Old Meridian
District. We propose to delete Health and Fitness from Appendix A.
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.
CHAPTER 20A: I- 1/INDUSTRIAL DISTRICT
In absence of any landscaping standards specific to the I -1 /Industrial district, this adds a section to reference
the Perimeter Buffering Requirements. Also, a reference to Section 28.01.08 was added to point to
additional waiver provisions which apply to Industrial properties.
CHAPTER 20G: OLD MERIDIAN DISTRICT
Exempts buildings from the Bufferyard Requirements.
CHAPTER 21: SPECIAL USES SPECIAL EXCEPTIONS
A few years ago Indiana Code was amended to state that approvals must be good at least for 3 years. All
other chapters were already amended in a previous patch to reflect the 3 years; however, this section had
been missed.
CHAPTER 23B: US HIGHWAY 31 CORRIDOR OVERLAY ZONE
Amends planting standards language to be consistent with what is proposed in the Michigan Road Overlay.
2012 0604: Z- 558 -12: Council Report docx
Page 2
CHAPTER 23C: US HIGHWAY 421— MICHIGAN ROAD CORRIDOR OVERLAY ZONE
Clarifies standards for foundation plantings and planting medians.
CHAPTER 23F: CARMEL DRIVE RANGE LINE ROAD OVERLAY ZONE
Exempts buildings from the Bufferyard Requirements.
CHAPTER 24: DP ADLS REGULATIONS
To bring the Zoning Ordinance in line with Indiana Code, the term Hearing Examiner was substituted for
Hearing Officer, and deadline to file appeals for DP or ADLS was reduced to 5 days from 30 days.
CHAPTER 25: ADDITIONAL USE REGULATIONS
An amendment is proposed to defer Lot Coverage percentages to those in the underlying district or overlay
zone.
Also proposes to allow Multi family Residential developments to construct garages or accessory buildings
larger than 24'x30' in size, as they frequently have freestanding carports or garages for multiple units.
CHAPTER 26: ADDITIONAL HEIGHT, YARD, LOT AREA BUFFERING REGULATIONS
These amendments are meant to clarify confusion as to when bufferyard requirements are triggered by stating
that other plantings, such as Greenbelts and Planting Strips, can be used to satisfy perimeter bufferyard
requirements. Additionally, language was added to reduce front bufferyard requirements where buildings are
closer to streets.
CHAPTER 31: GENERAL PROVISIONS
The sections which are proposed to be stricken are now superseded by IC 36 -7-4 -1015. Also, 2 copies of the
Subdivision Control and Zoning Ordinances are now required to be on record with the Clerk- Treasurer.
APPENDIX A: SCHEDULE OF USES
Shading and clarifying language was added in an effort to differentiate between primary zoning districts and
overlay zones.
The title of the 431/Keystone Avenue Overlay Zone was updated to Keystone Parkway.
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 Facility and
Commercial Indoor Recreational Facility, respectively. In an effort to be clearer, we proposed the
definitions in Chapter 3 be amended to specifically reference Hospice and Health/Fitness Facility.
The information on this item has been arranged in the following format:
1. Copy of PC Certification
2. Copy of the Ordinance Proposal Z- 558 -12
2012 -0604; Z- 558 -12; Council Repon.docx
Page 3
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application to the Commission (Docket No.
12010005 OA) to Amend a variety of Subdivision Control and Zoning Ordinance Chapters in order to modify the
development standards.
The Carmel Plan Commission's recommendation on the petition is FAVORABLE
At its regular meeting on May 15, 2012 the Commission voted eleven (11) in Favor, zero (0) Opposed, zero (0)
Abstaining, to forward to the Common Council the proposed Ordinance Z 558 12 with a Favorable Recommendation
with an amendment to modify a variety of Subdivision Control and Zoning Ordinance Chapters.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36- 7- 4- 607(e)(3), the
Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety
days from the date of the original Certification (May 24, 2012) is Wednesday, August 22, 2012.
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE
PETITION OF THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36 -7 -4 -605
ORDINANCE Z- 558 -12
An Ordinance to Amend Subdivision Control Ordinance Chapter 3: General Provisions and Chapter 7: Open
Space Standards for Major Subdivisions.
The Ordinance also Amends 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: I -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.
Ra ona Hancock, Secretary
C rmel Plan Commission
Dated: May 24, 2012
2012 0524; Z 558 12; PC Certification.doc
Do i f an, President 7
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ORDINANCE Z- 558 -12
Sponsor: Councilor Rider
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
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8 An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch IX)
9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7-
11 10 4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
12 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
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13 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and 15 duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore
the official Comprehensive Plan of the City of Carmel and Clay Township; and
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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, May
28 15, 2012, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as
29 amended) and the Carmel Subdivision Control Ordinance (Ordinance No. Z -160), as amended, to read as
30 follows:
31 Section I:
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SCO Chapter 3: General Provisions:
a. Amend Section 3.06: Amendments to the Subdivision Ordinance to read:
3.06 Amendments to the Subdivision Ordinance.
Pursuant to 1.C. 36 -7 -4 -701, the Subdivision Control Ordinance shall be adopted, amended, or repealed in the
same manner as the Zoning Ordinance
fi!a err end -!s he
r --'ed..._.,...,v d he-ei
Goffimissienea
Ordinance Z- 558 -12
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1 b. Amend Section 3.07: Variance to read:
2 3.07 VarianeeWaivers.
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5 3.07.01 Pursuant to I.C. 36 -7 -4 -702, the Commission may, after a public hearing, waive any of the standards
6 fixed in this Ordinance. However, in terms of modifying any quantitative or dimensional requirement
7 such modification may not be greater than thirty -five
percent (35%).
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3.07.02 Any approval to grant a waiver shall be subject to the following criteria:
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11 1. The proposal shall be in harmony with the purposes and the land -use standards contained in thc
Comprehensive Plan.
12 2. The proposal shall enhance the subdivision plan, the central core area, the strcctscapes, and the
13 neighborhoods, or at least not be any less desirable than thc plan that could be created in conformance
14 with this Ordinance.
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16 3. The proposal shall not produce lots or street systems that would be impractical or detract from thc
17 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.
32 s ib tontj ny d rn
39 SCO Chapter 7: Open Space Standards for Major Subdivisions:
40 c. Amend Chapter 7Introduction, Section 7.00 through 7.02 to read:
41 1 7.00 Subdivision O en S ace Des! n.
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43 The Open Space Subdivision design approach has been adopted to
nei boyhood o ens ace Encourage
44 P P within all Major or Subdivisions. Open Space should be set aside for active
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or passive uses, and provide a network of open space. The open space requirements emphasize the protection of 46 natural areas, such as flood zones and woodlands, but also allow for more structured open spaces, such as parks 47 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 -558 -12
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RESIDENCE
DISTRICT
ORDINANCE) ZONING
ORDINANCE)
STANDARD
OPEN SPACE
REQUIREMENT
(SOSR)
OD A i Qu IFYINNG_
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8-1 p ide tia
44%
'1-S%
S -1 r qty
15%
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20%
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20%
R -2
20%
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25%
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25%
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7.0001 Exem tions.
7.00.02 Minor 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.
7.0402 Subdivision Base-Density pen Space Requirements.
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
,02—un s
d. Amend Section 7.14: Modifications as follows:
7.14 rVktdicieotion& unassigned
4— The app s+
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e. Amend Section 2.09: Compliance with the Thoroughfare Plan to read:
2.09 Compliance with the heFoueh fn_e Trams oortatiol_ Plan.
In addition to meeting requirements of Americans with Disabilities Act (ADA), 1 '11 projects and Improvements
or authorizations under the jurisdiction of this Ordinance that adjoin, include, are served by or affect existing
streets ets bearing a designation en-in the ��Transportation Plan shall conform to the requirements of
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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 q'fafe 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 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 Th er- o- Transportation1 Plan across the roadway frontage, minus the cost
to design and construct those improvements indicated by the 'Tl:.r -eugh e Transportatic Plan across the
roadway frontage that will be installed by the petitioner. The values established above shall be approved by the
depaftment-Department of Engineering.
Conformance with the Tkereugigart—Transportation Plan as outlined above shall be in addition to any
improvements deenaed-Heees required by:
(1) Subdivision Control Ordinance Chapter 5, Sections 5.03.05 and 5.05.02(3);
en per-Zoning Ordinance Chapter 24, Section 24.02(B)(5)(e); and
(3) Other applicable standards.
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27 ZO Chapter 3: Definitions:
28 f. Amend the following definitions in Section 3.07: Definitions to read:
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39 LOT COVERAGE MA 11v14 The ewe- percentage of the Lot or parcel which can be developed (Buildings,
40 principal or accessory; storage areas; driveway` parking lots and other accessory Uses).
"M CONTINUING CARE RETIREMENT COMMUNITY, (CCRC). A health care facility that:
1- provides independent living services and health facility services in a campus setting with common
areas; and
A -p leew -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-- eafrExamples
include a campus of independent apartments, detached or attached cottages, and nursing home rooms
in a congregate building, as well as support services and facilities.
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43 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
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45 compensation in one (1) 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
46 1 apartments, suites for the elderly, hospice, and assisted living and nursing homes.
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48 RECREATIONAL FACILITY, COMMERCIAL INDOOR. Any area of land, Buildings and/or facilities used or
49 intended for indoor recreational purpose and operated for remuneration. This may include amusement parks
50 I and arcades, billiard parlors, bowling alleys, dance halls, shooting galleries, indoor skating rinks, lealth /fitness
51 facility; indoor sports facilities, and indoor tennis and racquetball facilities.
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Ordinance Z- 558 -12
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4 ZO Chapter 5: S- 1/Residence District:
5 g. Amend Section 5.01: Permitted Uses to read:
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12 h. Amend Section 5.02: Special Uses Special Exceptions to read:
5.02 Special Uses Special Exceptions:
A. See Appendix A: Schedule of Uses.
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5.01 Permitted Uses:
5.01.01 See Appendix A: Schedule of Uses.
5.01.02 Maximum Density:
B.
6.01.02
For a
residential
subdivision,
See Chapter 21: Special Uses Special Exceptions for additional regulations.
5.02.01 Minimum Area Requirements:
Use:
Cemetery
Commercial Greenhouse
Day nursery
Kindergarten
Plant nursery
5.02.02 Other Requirements:
Use
Mineral extraction, borrow pit, top
soil removal and their storage
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22 ZO Chapter 6: S- 2/Residence District:
23 i. Amend Section 6.01: Permitted Uses to read:
24 6.01 Permitted Uses:
6.01.01 See Appendix A: Schedule of Uses.
Maximum Density:
Ordinance Z- 558 -12
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06/04/2012
Minimum Area
(Acres):
Thirty (30)
Ten (10)
One (1)
One (1)
Ten (10)
Other requirements:
For a residential subdivision, 2.4 lots /acre.
1.0 lots /acre. dens gu `=F
Minimum perimeter Natural
Open Space buffer (as
defined in '_v of
the Subdivision
Regulations) of 300 ft.
when adjoining or abutting
any residential use or
district.
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1 ZO Chapter 7: R -1 /Residence District:
2 j. Amend Section 7.01: Permitted Uses to read:
3 1 7.01 Permitted Uses:
4 7.01.01 See Appendix A: Schedule of Uses.
5 7.01.02 Maximum Density: For a residential subdivision, 2.9 lots /acre.
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9 ZO Chapter 8: R- 2/Residence District:
10 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 Maxim, 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.
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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 Tots /acre.
33 ZO Chapter 20A: I- 1/Industrial District:
34 n. Add Section 20A. 07: Landscaping Requirements as follows:
35 I 20A.07 Landscaping Requirements. See Section 26.04: Perimeter Buffering Requirements and Section
36 28.01.08: Waivers.
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38 J ZO Chapter 20G: OM/Old Meridian District:
39 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.
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43 J ZO Chapter 23F: Carmel Drive Range Line Road Overlay Zone:
44 p. Add Section 23F.11.11 as follows:
The Perimeter Bufferyard Requirements in Chapter 26 shall not apply to properties in the Carmel
Drive Range Line Road Overlay Zone.
Ordinance 2-558 -12
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1 ZO Chapter 21: Special Uses Special Exceptions
2 q. Amend Section 21.02.07: Time Limit to read:
3 21.02.07Timc Limit. Any person to whom a Special Use or Special Exception is granted by the Board, under the
4 procedures set forth in this chapter, shall have commenced continuous construction of said Special Use or
5 1 Special Exception or implemented said Special Use or Special Exception within e+*e years of the date
6 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:
The Greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in
width and landscaped per the requirements of Section 23B.10.03(B).
(1)
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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.
43 (b) fifteen feet (15') wide when adjacent to residential use or zoned property.
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.
47 (5) The base planting unit for planting strips shall be as follows:
Ordinance 2.558 -12
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(a) Adjacent to Parallel Collector /Arterial Roadways: For each one hundred
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(i) Three (3) shade trees
4 (ii) Two (2) ornamental trees
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(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 narking areas: per Section 26.04: Perimeter Buffering.
9 C. Planting Adjacent to Buildings:
(1)
A planting area equal to an area measuring twenty-five (25) feet in depth by the
width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on
both sides) shall be installed along building facades that face U.S. 31.
(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).
(3)
20 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.
21
22 (3 These adjacent planting areas need not be rectangular in shape as long as the 23 required amount of space is landscaped; innovative and original designs are
encouraged.
24 D. Planting Within Parking Lots:
25
26 A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot 27 for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of parking.-See
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.
30 Greenbelt Buffers shall be established within required side and rear yards pursuant to Section
26.04: Perimeter Buffering.
31 G. Total Landscaping Required:
32
33 Inclusive of the Greenbelt, the planting adjacent to the building(s), the Greenbelt Buffers, and
34 the planting within parking lots, a minimum of fifteen percent (15 of the project area shall
be landscaped.
35 23B.10.03 Landscaping Installation and Maintenance.
36 A.
37 Materials: All plants proposed to be used in accordance with any landscaping plan shall meet
the following specifications:
38 (1) Shade trees: two and one -half inch (21/2") 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 (%z) of
40 tree height.
41
42 (2) Ornamental trees: one and one -half inch (1 caliper a minimum height of six (6) 43 feet, and a branching height of not less than one -third (1/3) nor more than one -half
/z) of tree height.
44 (3) Evergreen trees: A minimum height of eight (8) feet
45
46 (4) Deciduous shrubs: A minimum height of twenty-four (24) inches, and no less than
six (6) main branches upon planting.
47 (5) Evergreen shrubs: A minimum height and spread of twenty-four (24) inches.
Ordinance Z- 558 -12
9
06/04/2012
1 B. The dimensions, specifications and design of any planting area or planting median
2 shall be as follows:
3 (1) Shade Trees: nine (9) feet w 4eby nine (9) feet;
4 (2) Ornamental Trees: seven (7) feet witleby seven (7) feet;
5 (3) Shrubs (only): five (5) feet wideby 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).
33
34 ZO Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone
35 s. Amend Section 230.10: 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 2.558 -12
I0
06/04/2012
25
26
27
28
1
2
3
4
5
6
7
8
9
10
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.
b. Spacing for foundation shrubbery shall not cxcccd five (5) foot intervals; except
where occupicd by a sidewalk, driveway or other impervious surface.
c.
Foundation plantings
shall cxtcnd the length (Willie 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.
11 3.
12 Peripheral Plantings. Minimum side and rear yard landscaping shall occur per the
Commission's Bufferyard Guidelines.
13 4. Parking Lots. Per standards specified below in Section 23C. 10.03.
14 5.
15 Screening Areas. All air conditioning units, HVAC systems, exhaust pipes or stacks, 16 overhead doors, outside storage areas, and satellite dishes shall be integrated into the overall 17 building design or screened from the U.S. Highway 421 right -of -way and adjoining
or uses using walls, fencing,
18 residential zones g, penthouse screens, landscaping,
camouflage, or other approved method.
19 23C.10.03 Landscaping Standards
20 1. The =a a,: dimension
21 s- i sabres and design of any planting area or planting median
22
shall be sufficient to protect the landscaping materials planted therein and to provide for
proper growth. The followin minimum
23 g dimensions for each tree
or shru shall be used:
24
a. -Shade and Conifcr Trees: Nine (9) feet by Nine (9) feet;
b. Ornamental Trees: Seven (7) feet by Seven (7) fcct;
c. Shrubs (only): Five (5) feet by Five (5) feet.
All plant material proposed to be used in accordance with any Landscaping Plan shall meet
the following specifications:
29
30 a. Shade trees: a minimum trunk diameter of two and one -half (2 inches at six (6) 31 inches above grade, a minimum height of eight (8) feet, and a branching height of
not less than one -third (1/3) or more than one -half of tree height.
32 b.
33 Ornamental trees: a minimum trunk diameter of one and one -half (1' inches at six 34 (6) inches above grade, a minimum height of six (6) feet, and a branching height of
not less than one -third (1/3) or more than one -half (%s) of tree height.
35
36 c. Evergreen trees: a minimum height of eight (8) feet, and a width of not less than
three -fifths (3/5) of the height.
37 d.
38 Deciduous shrubs: a minimum height of eighteen (18) inches, no less than six (6) 39 main branches upon planting, and a mature het ht no
inches. g greater than thirty -six (36)
40
41 e. Evergreen shrubs: a minimum height and spread of eighteen (18) inches, maximum
mature height of thirty-six trty -six (36) inches.
42 3.
43 Greenbelt. The primary landscaping materials used in the Greenbelt shall be shade trees,
ornamental trees, shrubs, ground covers, grass, etc.
44
45 a. A minimum of three (3) shade trees and one (1) ornamental tree shall be provided
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.
Ordinance Z- 558-12
11
06/04/2012
1 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.
16 c. Front and Side Parking. Parking areas within front and side yards shall be
17 completely screened from view. Such screening shall be subject to Commission
18 approval.
19 23C.10.04 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
41 1. Authority. The Commission may hear, review and determine appeals taken from any order,
42 requirements, decision or determination made by a HentHearing Examiner or Committee
43 authorized to approve the Development Plan ADLS or any portion thereof.
44 2. Filing Deadline. All appeals shall be filed with the Director within tfivc (5) days of the
45 action to be appealed
46 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 2.558 -I2
12
06/04/2012
35
36
37
38
39
40
41
42
43
34 4. Stay of Work.
44
45
2
(2) copies of the written application form and all necessary supporting documents and
materials.
3 b.
4 Initial Review of the Application and Supporting Documents and Materials bv the Director;
5 Submission to the Commission. Following the receipt of the written appeal application and
6 necessary supporting documents and materials by the Director, he shall then review the
7 materials solely for the purpose of determining whether the application is complete, is in
8 technical compliance with all applicable ordinances, laws and regulations and is to be
9 forwarded to the Commission. If the materials submitted by the appellant are not complete, or
10 do not comply with the necessary legal requirements, the Director shall inform the appellant 11 of the deficiencies in his materials. Unless and until the Director formally accepts the appeal 12 application as complete and in legal compliance it shall not be considered as formally filed for 13 the purpose of proceeding to the succeeding steps toward Commission consideration of the 14 appeal as hereinafter set forth. The application is formally filed when it is placed upon the
Commission agenda by the Director according to the Commission's Rules of Procedure.
15
16 c. Public Hearing by the Commission. Once the Director has accepted and filed the appeal 17 application with the Commission, he shall assign a docket number and set a date and time for 18 a public hearing as required by the Rules of Procedure of the Commission. The appellant 19 shall be responsible for the cost and publication of the required published legal notification of 20 the public hearing. The appellant shall also notify all interested parties and property
as required by the Rules of Procedure of the Commission. The conduct of the public owners
21 public hearing
shall be in accordance with the Commission's Rules of Procedures.
22 d.
23 Approval or Denial of the Appeal bv the Commission. Following the public hearing on the 24 appeal, the Commission shall approve, approve with conditions, or deny the appeal. In 25 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
26 I on the premises, and to that end shall have all the powers of the Hearin
27 g 28 or Committee from whom the appeal is taken. Upon reaching a decision on the 29 appeal request, the Commission shall enter into its records the reasons for its decision and 30 shall provide the appellant with a copy of said reasons, if requested. The Commission shall 31 inform the Director and the appellant of its decision, including all conditions contained as a 32 part thereof. All further actions taken by the appellant or the Director concerning the item 33 that was appealed, including the issuance of Improvement Location Permits, shall be subject
to said ruling of the Commission.
When an appeal from I4earing-WfieepHcari 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 4e ing-OffieeFHearing Examiner 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 Ha -1-Isafiag-OffieeFFIcaring 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.
46
47 ZO Chapter 25: Additional Use Regulations
48 u. Amend Section 25.01: Accessory Buildings and Uses to read:
4 9 25.01 Accessory Buildings and Uses.
50 25.01.01: Residential Districts.
51 A.
52 Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely
incidental to the uses allowed in a given district are permitted provided that:
53 1. Accessory Buildings and Uses shall not alter or change the character of the premises;
Ordinance Z- 558 -12
13
06/04/2012
1 2. Accessory Buildings and Uses shall be on the same lot as the Principal Building to which they
2 arc 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 iii. On Through Lots no Accessory Building may be erected:
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.
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:
33
34
35
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.
43
44
45
4. Maximum Lot Coverage.
zoning district or applicable Overlay Zone.
Ordinance Z-558-12
14
06/04/2012
Per underlying
1 5.
2 Maximum Ground Floor Area. The combined square footage of the Ground Floor Area of a
3 Private Garage and/or Accessory Building shall not exceed seventy-five (75) percent of the
4 Ground Floor Area of the Principal Building, except that a detached garage, which is the only
5 Accessory Building on the lot, may equal the maximum dimensions of twenty-four (24) by
6 thirty (30) feet provided that the Ground Floor Area of the garage is less than or equal to the
7 I Ground Floor Area of the Principal Building. Lots over three (3) acres nd Multi family
Rcsidenti= shall be exempt from the requirements of this Section 25.01.01
(B)(5).
8 6.
9 Lighting. No lighting shall cause Illumination at or beyond any Lot Line in excess of 0.1
Footcandle of light.
10 C. Accessory Uses.
11 1. Exceptions. Accessory Uses such as public utility installations, retaining walls, mail boxes, nameplates, lamp ty private walks, driveways,
13 eP p posts, birdbaths and structures of a like nature
are permitted in any required Front, Side or Rear Yard.
14 2. Multi- family Districts.
15
16 a. Trash Receptacles. Trash receptacles must be enclosed on all four (4) sides and be 17 screened with landscaping to a minimum height of dumpster and/or compactor plus
two (2) feet.
18 3. Private radio and television reception and transmitting towers and antennas.
19 a. Permitted subject to applicable local, state and federal regulations.
20 b.
21 No structure shall be located or permitted within ten (10) feet of a power
transmission line.
22 4. Guest House.
23
24 a. One (1) Guest House with cooking facilities may be permitted as an Accessory
Building on Lots containing not less than one (1) acre.
25 5. Servants Quarters.
26
27
a. Quarters for bona fide servants employed by the occupants of the Dwelling are
permitted.
28 6. Tennis courts.
29 a. Shall be located only within a Side or Rear Yard.
30 b. Fen__ c_ing. 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.
34 Private Garage. Where a Private Garage is entered from an Alley, it must be set back a
minimum of three (3) feet from the alley easement or right -of -way line.
35 8. Private Swimming Pool or Hot Tub.
36
37 a. Minimum Side and Rear Yard Setbacks. A swimming pool, hot tub, or its deck or
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,
39 ii. the Minimum Side and/or Rear Setback for the district, or
40 iii.
41 Easement plus three (3) feet, but not within any Easement or required
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.
46 Walls or Fencing. Walls or fencing deemed to be impenetrable by the 47 enforcing authority, that is not less than five (5) feet high completely
surrounding the swimming g g pool and the deck area with exception of self
closing and latching gates and doors, both capable of being locked;
Ordinance Z-558-! 2
15
06/04/2012
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 (i) 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 I areas in the Side or Rear Yard. The Minimum Front Yard of any Lot in a Subdivision which utilized
33 relaxed Front Yard standards pe '.v pr i,.s`y prescrweu in tnc'cesiucntral 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.
3 8 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 Bufferine 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 26.04.02Where required, perimeter buffering shall be located along the front, side and rear lot lines of a
48 1 lot/parcel and shall extend the entire length of the front, side and rear lot lines.
Ordinance Z- 558 -12
16
0604 /2012
28
29
30
31
32
1
2
3
4
5
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 1
24
25 I
26
27 1
(a) Perimeter buffering shall be a Typc A Buffcryard 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.
6
7 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 perimeter bufferyard requirements.
26.04.0.506 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.
26.04.06Y7 To determine the applicable bufferyard requirements:
(a) Use the Table for Bufferyard 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
Of of e gh4 Transportation Pl
(c) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject
parcel by referring to the Table for Bufferyard Determination.
TABLE FOR BUFFERYARD DETERMINATION
SINGLE FAMILY
DEVELOPMENT
DUPLEX
DEVELOPMENT
MULTI FAMILY
DEVELOPMENT
ACTIVE
RECREATION
INSTITUTIONAL
OFFICE; RETAIL
WAREHOUSE;
LT. INDUSTRY
HVY. INDUSTRY
B
c
c
D
D
D
D
D
C
5
c
A
c
B
B
c
c
D
c
c
B
B
B
c
c
D
a
n
m
0
z
D
B
B
A
c
c
c
c
D
B
B
c
A
A
c
c
T
r r m
D
c
c
c
A
A
c
D
D
c
c
c
c
c
A
B
r
D
D
D
c
c
D
B
B
I n
O
c
B
c
B
B
B
B
B
3
3 0
tA
D
D
D
D
D
D
D
D
3
3
5
�nr
Q
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
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.
Ordinance 2.558.12
17
06/04/2012
1
*Evergreen trees may substitute in lieu of shrubbery,
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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moment;
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Amend Section 31.08: Copy on File to read:
31.08 €env ijpat on File.
A.-. Two (2) copies of the Zoning Ordinance and the Subdivision Control Ordinancc 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 mesa
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:
40 SEE EXHIBIT A
Ordinance Z- 558 -12
18
06/04/2012
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
--..:c.- ..,.late *hroa chrnhcl
1
*Evergreen trees may substitute in lieu of shrubbery,
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.
15
16
17
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Y.
moment;
a-
Amend Section 31.08: Copy on File to read:
31.08 €env ijpat on File.
A.-. Two (2) copies of the Zoning Ordinance and the Subdivision Control Ordinancc 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 mesa
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:
40 SEE EXHIBIT A
Ordinance Z- 558 -12
18
06/04/2012
1 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are
2 hereby repealed.
3 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
4 Mayor.
5
6 PASSED by the Common Council of the City of Carmel, Indiana this day of
7 2012, by a vote of ayes and nays.
8
9
Ordinance Z- 558 -12
19
06/04/2012
COMMON COUNCIL FOR THE CITY OF CARMEL
2
3
4
5 Presiding Officer Kevin D. Rider
6
7
8
9 Richard L. Sharp, President Pro Tempore Carol Schleif
10
11
12
13 Ronald E. Carter W. Eric Seidensticker
14
15
16
17 Sue Finkam Luci Snyder
18
19
20 ATTEST:
21
22
23
24 Diana L. Cordray, IAMC, Clerk- Treasurer
25
26
27 Presented by me to the Mayor of the City of Carmel, Indiana this day of
2 8 2012, at .M.
29
30
31
32 Diana L. Cordray, IAMC, Clerk- Treasurer
33
34
35 Approved by me, Mayor of the City of Carmel, Indiana, this day of
36 2012, at .M.
37
38
39
40 James Brainard, Mayor
41
42 ATTEST:
43
44
45
46 Diana L. Cordray, IAMC, Clerk- Treasurer
47
48 Prepared by:
49 Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032
Ordinance Z- 558 -12
20
06/04/2012