HomeMy WebLinkAboutZ-558-12 Patch IX AmendmentsSponsor: Councilor Rider
ORDINANCE Z- 558 -12, As Amended
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch IX)
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7-
4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and
duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore
the official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance;
and
WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the
text of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the
text of the Subdivision Control Ordinance; and
WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02,
the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City
Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket No. 12010005 OA
having received favorable recommendations from the Carmel Advisory Plan Commission on Tuesday, May
15, 2012, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as
amended) and the Carmel Subdivision Control Ordinance (Ordinance No. Z -160), as amended, to read as
follows:
Section I:
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Pursuant to 1.C. 36 -7 -4 -701, the Subdivision Control Ordinance shall be adopted, amended, or repealed in the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. The procedures are as follows:
1. The proposal may be initiated by either the Commission or the Council; however, if the Council
initiates the proposal, it shall require the Commission to prepare it.
2. The Commission shall prepare the proposal so that it is consistent with applicable state law.
3. In considering the proposal, both the Commission and the Council shall pay reasonable regard to:
i. the Comprehensive Plan; in the event that a City -wide policy and area- specific policy conflict,
the area- specific policy shall apply.
ii. current conditions and the character of current structures and uses in each district;
iii. the most desirable use for which the land in each district is adapted;
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b.
iv. the conservation of property values throughout the City and the Township; and
v. responsible development and growth.
4. The Commission shall give notice and hold a public hearing on the proposal in accordance with its
Rules of Procedure.
5. Within ten (10) business days after the Commission determines its recommendation (if any), the
Commission shall certify the proposal to the Council with a favorable recommendation, an unfavorable
recommendation, or no recommendation from the Commission.
6. The Council shall vote on the proposal within ninety (90) days after the Commission certifies the
proposal. The Council's consideration of the proposal is governed by IC 36 -7 -4 -607.
7. If the proposal is adopted, the Commission shall print the amendments to the Subdivision Control
Ordinance in book or pamphlet form, or arrange for them to be included in the City's Code of
Ordinances.
8. Unless the proposal provides for a later effective date, the amendments contained in the proposal take
effect when the proposal is duly adopted, except for any provision prescribing a penalty or forfeiture
for a violation, which may not take effect until the Commission complies with the applicable notice
and filing requirements described in IC 36 -7 -4 -610.
9. Should the City Council reject the proposed amendment to the Subdivision Ordinance, by vote or by
default, said proposed amendment shall not be reconsidered by the Commission or the City Council
until the expiration of one (1) year after the original recommendation of the Commission.
Amend Section 3.07: Variance to read:
3.07 Waivers.
SCO Chapter
c. Amend
7.00
3.07.01 Pursuant to I.C. 36 -7 -4 -702, the standards fixed in the subdivision control ordinance may be waived by
the Commission (or plat committee acting on the Commission's behalf); however, to be approved, the
plat must still meet all applicable standards prescribed in the zoning ordinance (other than standards
modified by variance in accordance with the I.C. 36 -7 -4 -900). As a condition of granting a waiver
under this subsection, the Commission may allow or require a commitment to be made by the applicant
under I.C. 36 -7 -4 -1015.
7: Open Space Standards for Major Subdivisions:
Chapter 7 Introduction, Section 7.00 through 7.02 to read:
Subdivision Open Space Design.
The Open Space Subdivision design approach has been adopted to encourage neighborhood open space 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.
7.01 Exemptions.
Minor subdivisions shall be exempt from the requirements of this Chapter.
Major subdivisions with a gross density of .85 units per acre or less shall be exempt from the requirements of
this Chapter.
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7.02 Subdivision Open 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 Chapter:
RESIDENCE
DISTRICT
(PER ZONING
ORDINANCE)
STANDARD
OPEN SPACE
REQUIREMENT
(SOSR)
S -1
15%
S -2
20%
R -1
20%
R -2
20%
R -3
25%
R -4
25%
R -5
25%
d. Amend Section 7.14: Modifications as follows:
7.14 unassij'ned
ZO Chapter 2: Compliance with Regulations
e. Amend Section 2.09: Compliance with. the Thoroughfare Plan to read:
2.09 Compliance with the Transportation Plan.
In addition to meeting requirements of Americans with Disabilities Act (ADA), all projects and Improvements
or authorizations under the jurisdiction of this Ordinance that adjoin, include, are served by or affect existing
streets bearing a designation in the Transportation Plan shall conform to the requirements of the 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 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 Transportation Plan across the roadway frontage, minus the cost to design and construct those
improvements indicated by the Transportation Plan across the roadway frontage that will be installed by the
petitioner. The values established above shall be approved by the Department of Engineering.
Conformance with the Transportation Plan as outlined above shall be in addition to any improvements required
by:
(1) Subdivision Control Ordinance Chapter 5, Sections 5.03.05 and 5.05.02(3);
(2) Zoning Ordinance Chapter 24, Section 24.02(B)(5)(e); and
(3) Other applicable standards.
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ZO Chapter 3: Definitions:
f. Amend the following definitions in Section 3.07: Definitions to read:
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
2. 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. Examples 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.
LOT COVERAGE. The 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 sane immediate Family are housed and provided with food, and/or care for
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
apartments, suites for the elderly, hospice, 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
facilities, indoor sports facilities, and indoor tennis and racquetball facilities.
ZO Chapter 5: S-1/Residence District:
g. Amend Section 5.01: Permitted Uses to read:
5.01 Permitted Uses:
5.01.01 See Appendix A: Schedule of Uses.
5.01.02 Maximum Density: For a residential subdivision, 1.0 lots /acre.
h. Amend Section 5.02: Special Uses & Special Exceptions to read:
5.02 Special Uses & Special Exceptions:
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
5.02.01 Minimum Area Requirements:
Use: Minimum Area
(Acres):
Cemetery Thirty (30)
Commercial Greenhouse Ten (10)
Day nursery One (1)
Kindergarten One (1)
Plant nursery Ten (10)
5.02.02 Other Requirements:
Use Other requirements:
Mineral extraction, borrow pit, top
soil removal and their storage
Minimum perimeter Natural
Open Space buffer (as
defined in 7.03.01 of the
Subdivision Regulations) of
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300 ft. when adjoining or
abutting any residential use
or district.
ZO Chapter 6: S- 2/Residence District:
i. Amend Section 6.01: Permitted Uses to read:
6.01 Permitted Uses:
6.01.01 See Appendix A: Schedule of Uses.
6.01.02 Maximum Density: Fora residential subdivision, 2.4 lots /acre.
ZO Chapter 7: R- 1/Residence District:
j. Amend Section 7.01: Permitted Uses to read:
7.01 Permitted Uses:
7.01.01 See Appendix A: Schedule of Uses.
7.01.02 Maximum Density: For a residential subdivision, 2.9 lots /acre.
ZO Chapter 8: R- 2/Residence District:
k. Amend Section 8.01: Permitted Uses to read:
8.01 Permitted Uses:
8.01.01 See Appendix A: Schedule of Uses.
8.01.02 Maximum Density: For a residential subdivision, 3.9 lots /acre.
ZO Chapter 9: R- 3/Residence District:
1. Amend Section 9.01: Permitted Uses to read:
9.01 Permitted Uses:
9.01.01 See Appendix A: Schedule of Uses.
9.01.02 Maximum Density: For a residential subdivision, 5.0 lots /acre.
ZO Chapter 10: R- 4/Residence District:
m. Amend Section 10.01: Permitted Uses to read:
10.01 Permitted Uses:
10.01.01 See Appendix A: Schedule of Uses.
10.01.02Maximum Density: For a residential subdivision, 8.0 lots/acre.
ZO Chapter 20A: I- 1/Industrial District:
n. Add Section 20A.07: Landscaping Requirements as follows:
20A.07 Landscaping Requirements. See Section 26.04: Perimeter Buffering Requirements and Section
28.01.08: Waivers.
ZO Chapter 20G: OM /Old Meridian District:
o. Add Section 20G.04.06.J as follows:
J. The Perimeter Bufferyard Requirements in Chapter 26 shall not apply to properties within the Old Meridian
District.
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ZO Chapter 23F: Carmel Drive — Range Line Road Overlay Zone:
p. Add Section 23F.11.11 as follows:
23F.11.11
The Perimeter Bufferyard Requirements in Chapter 26 shall apply to the rear of properties which are
adjacent to a residential district. Otherwise, perimeter buffering shall not be required 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 three years of the date of the
granting of the approval or said approval shall become null and void.
Upon application to the Director before the expiration of said approval, and upon good cause shown, said
approval may be extended for six (6) months.
ZO Chapter 23B: US Highway 31 Corridor Overlay Zone
r. Amend Section 23B.10: Landscaping Requirements to read:
23B.10 Landscaping Requirements.
23B.10.01 Landscape Plan: A Landscape Plan shall be submitted to the Plan Commission for its approval at the
same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan
shall:
A. Be drawn to scale, including dimensions and distances;
B. Delineate all existing and proposed buildings, private parking areas, walks, ramps for
handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar structures;
C. Delineate the location, size and description of all plant material and the irrigation system for
all planting areas. Landscape treatment for plazas, roads, paths, service and private parking
areas shall be designed as an integral /coordinated part of the Landscape Plan for the entire
lot.
23B.10.02 Landscape Area Requirements:
A. Greenbelt:
(1)
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).
(2) The Greenbelt shall be unoccupied except for plant material, steps, walks, terraces,
bike paths, lighting standards, signs, and other similar structures (excluding a private
parking area). Mounding and other innovative treatments are to be encouraged in
this area.
(3) A base - planting unit for each one hundred (100) linear foot increment of the
Greenbelt has been designated, as follows:
(a) Five (5) shade trees;
(b) Three (3) ornamental trees;
(c) Fifteen (15) shrubs or, three (3) evergreen trees;
B. Planting Strip:
(1)
A planting strip, minimum width shall be ten (10) feet, shall be provided adjacent to
any Collector or Arterial Street, or Parkway right -of -way within the U.S. 31 Overlay
Zone.
(2) Adjacent to an Entry Drive: Minimum width ten (10) feet.
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(3) Adjacent to any parking area: Minimum width as follows:
(a) five feet (5') wide when adjacent to business zoned property.
(b) fifteen feet (15') wide when adjacent to residential use or zoned property.
The planting strip shall be unoccupied except for plant material, steps, terraces,
driveway and pathway crossings, lighting standards, signs, benches, and other
similar structures.
The base planting unit for planting strips shall be as follows:
(a) Adjacent to Parallel Collector /Arterial Roadways: For each one hundred
(100) linear foot increment:
(i) Three (3) shade trees
(ii) Two (2) ornamental trees
(iii) Ten (10) shrubs
(b) Adjacent to entry drives: Same planting unit standards as for Parallel
Collector /Arterial Roadways, above.
(c) Adjacent to parking areas: per Section 26.04: Perimeter Buffering.
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.
(4) Sidewalks up to eight (8) feet in width may be permitted in these areas, but shall not
occupy the entire planting area on any side of the building(s).
If an approach driveway or sidewalk cuts into a planting area, the area displaced by
the driveway or sidewalk shall be added to the building perimeter planting.
(6) These adjacent planting areas need not be rectangular in shape as long as the
required amount of space is landscaped; innovative and original designs are
encouraged.
D. Planting Within Parking Lots:
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. -See
Section 23B.1O.03(B) for minimum planting area requirements.
E. Side /Rear Yard Landscaping: Planting unit shall occur per Paragraph F below.
F. Greenbelt Buffers shall be established within required side and rear yards pursuant to Section
26.04: Perimeter Buffering.
G. Total Landscaping Required:
Inclusive of the Greenbelt, the planting adjacent to the building(s), the Greenbelt Buffers, and
the planting within parking lots, a minimum of fifteen percent (15 %) of the project area shall
be landscaped.
23B.10.03 Landscaping Installation and Maintenance.
A. Materials: All plants proposed to be used in accordance with any landscaping plan shall meet
the following specifications:
(3)
(5)
(1)
Shade trees: two and one -half inch (21/2") caliper, a minimum height of eight (8) feet,
and a branching height of not less than one -third (1/3) nor more than one -half ('h) of
tree height.
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(2) Ornamental trees: one and one -half inch (11/2") caliper a minimum height of six (6)
feet, and a branching height of not less than one -third (1/3) nor more than one -half
(') of tree height.
(3) Evergreen trees: A minimum height of eight (8) feet.
(4) Deciduous shrubs: A minimum height of twenty -four (24) inches, and no less than
six (6) main branches upon planting.
Evergreen shrubs: A minimum height and spread of twenty -four (24) inches.
(5)
B. The minimum dimensions, specifications and design of any planting area or planting median
shall be as follows:
(1) Shade and ConiferTrees: nine (9) feet by nine (9) feet;
(2) Ornamental Trees: seven (7) feet by seven (7) feet;
(3) Shrubs (only): five (5) feet by five (5) feet.
C. Landscaping materials selected shall be appropriate to local growing and climate conditions.
D. Installation: All required landscaping shall be installed prior to the issuance of a final
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 for an
amount equal to the total cost of the required landscaping not yet installed, prior to the
issuance of the Final Certificate of Occupancy.
E. Maintenance: It shall be the responsibility of the owners and their agents to insure
maintenance of project landscaping approved in accordance with the Overlay Zone
requirements. This is to include, but is not limited to, irrigation and mulching of planting
areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable
substitute, and keeping the area free of refuse, debris, rank vegetation and weeds.
F. Changes After Approval: No landscaping which has been approved by the Commission may
later be materially altered, eliminated or sacrificed, without first obtaining further
Commission approval. However, minor alterations in landscaping may be approved by the
Director in order to conform to specific site conditions.
G. Inspection: The Director shall have the authority to visit any tract within the U.S. Highway
31 Overlay Zone to inspect the landscaping and check it against the approved plan on file.
23B.10.04 Protection of Existing Trees:
Sites with existing trees or stands of trees should make reasonable efforts to protect and incorporate
them into the overall site design. The Landscape Plan must preserve not less than seventy percent
(70 %) of all trees that are:
A. nine -inch (9 ") DBH or larger, and
B. located within the Greenbelt, Planting Strips and perimeter buffering.
23B.10.05 Waivers:
The Plan Commission may grant a waiver to the dimensional and quantitative standards of this Section
23B.10, by not greater than thirty -five percent (35 %), consistent with requirements set forth in Section
23B.02(C).
ZO Chapter 23C: US Highway 421 — Michigan Road Corridor Overlay Zone
s. Amend Section 23C.10: Landscaping Requirements to read:
23C.10 Landscaping Requirements.
23C.10.01 Landscaping Plan. The applicant shall submit a Landscaping Plan to the Commission as part
of the ADLS application. This plan shall be drawn to scale, including dimensions and distances; shall
delineate all existing and proposed structures, private parking areas, walks, ramps for the handicapped,
terraces, driveways, signs, lighting standards, steps, storm water facilities and other similar structures;
and shall delineate the location, size and description of all landscape material and the method to be
used for the watering or irrigation of all planting areas. Landscape treatment for plazas, roads, paths,
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service and private parking areas and storm water areas shall be designed as an integral and
coordinated part of the Landscaping Plan for the entire site. The Landscaping Plan shall require the
approval of the Commission.
23C.10.02 Areas to be Landscaped:
1. Greenbelt. 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.
a. 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 exceed five (5) foot intervals; except
where occupied by a sidewalk, driveway or other impervious surface.
c. Foundation plantings shall extend the length of the building and shall be a minimum
of five (5) feet wide, except that when adjoining a parking area located in the front
yard adjoining U.S. 421, the minimum width shall be ten (10) feet.
3. Peripheral Plantings. Minimum side and rear yard landscaping shall occur per the
Commission's Bufferyard Guidelines.
4. Parking Lots. Per standards specified below in Section 23C.10.03.
5. Screening Areas. All air conditioning units, HVAC systems, exhaust pipes or stacks,
overhead doors, outside storage areas, and satellite dishes shall be integrated into the overall
building design or screened from the U.S. Highway 421 right -of -way and adjoining
residential zones or uses using walls, fencing, parapets, penthouse screens, landscaping,
camouflage, or other approved method.
23C.10.03 Landscaping Standards
1. The dimensions 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 dimensions for each tree or shrub shall be used:
a. 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 sleet
the following specifications:
a. Shade trees: a minimum trunk diameter of two and one -half (21/2) inches at six (6)
inches above grade, a minimum height of eight (8) feet, and a branching height of
not less than one -third (113) or more than one -half (r) of tree height.
b. Ornamental trees: a minimum trunk diameter of one and one -half (11/2) inches at six
(6) inches above grade, a minimum height of six (6) feet, and a branching height of
not less than one -third (1/3) or more than one -half (r) of tree height.
c. Evergreen trees: a minimum height of eight (8) feet, and a width of not less than
three- fifths (3/5) of the height.
d. Deciduous shrubs: a minimum height of eighteen (18) inches, no less than six (6)
main branches upon planting, and a mature height no greater than thirty -six (36)
inches.
e. Evergreen shrubs: a minimum height and spread of eighteen (18) inches, maximum
mature height of thirty -six (36) inches.
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3. Greenbelt. The primary landscaping materials used in the Greenbelt shall be shade trees,
ornamental trees, shrubs, ground covers, grass, etc.
a. A minimum of three (3) shade trees and one (I) ornamental tree shall be provided
per 100 linear feet of Greenbelt.
b. Shade trees planted within the Greenbelt parallel to the U.S. Highway 421 right -of-
way shall be spaced neither less than fifteen (15) feet apart nor more than forty (40)
feet apart.
4. Foundation Plantings. The primary landscaping materials used adjacent to buildings shall be
shrubs, ground covers, and ornamental grasses.
5. Parking Lots.
a. Interior Landscaping. A minimum of one (1) shade tree and 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.
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.
23C.10.04 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.
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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 Hearing Examiner or Committee authorized to
approve the Development Plan or ADLS or any portion thereof.
2. Filing Deadline. All appeals shall be filed with the Director within five (5) days of the action to be
appealed.
3. Appeal Procedure.
a. Consultation with the Director and Application. Appellants shall meet with the Director in
order to examine the nature of the proposed appeal, review the regulatory ordinances and
materials, and review the appeal procedures. The Director shall aid the appellant in preparing
his application and supporting documents as necessary. The appellant shall then submit two
(2) copies of the written application form and all necessary supporting documents and
materials.
b. Initial Review of the Application and Supporting Documents and Materials by the Director:
Submission to the Commission. Following the receipt of the written appeal application and
necessary supporting documents and materials by the Director, he shall then review the
materials solely for the purpose of determining whether the application is complete, is in
technical compliance with all applicable ordinances, laws and regulations and is to be
forwarded to the Commission. If the materials submitted by the appellant are not complete, or
do not comply with the necessary legal requirements, the Director shall inform the appellant
of the deficiencies in his materials. Unless and until the Director formally accepts the appeal
application as complete and in legal compliance it shall not be considered as formally filed for
the purpose of proceeding to the succeeding steps toward Commission consideration of the
appeal as hereinafter set forth. The application is formally filed when it is placed upon the
Commission agenda by the Director according to the Commission's Rules of Procedure.
c. Public Hearing by the Commission. Once the Director has accepted and filed the appeal
application with the Commission, he shall assign a docket number and set a date and time for
a public hearing as required by the Rules of Procedure of the Commission. The appellant
shall be responsible for the cost and publication of the required published legal notification of
the public hearing. The appellant shall also notify all interested parties and property owners
as required by the Rules of Procedure of the Commission. The conduct of the public hearing
shall be in accordance with the Commission's Rules of Procedures.
d. Approval or Denial of the Appeal by the Commission. Following the public hearing on the
appeal, the Commission shall approve, approve with conditions, or deny the appeal. In
exercising its powers, the Commission may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed as in its opinion ought to be done
on the premises, and to that end shall have all the powers of the Hearing 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 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 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 Hearing 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
Ordinance Z- 558 -12, Council Version C
11
11/05/2012
the premises affected has received notice, the Director shall have full power to order such work
discontinued or stayed and to call upon the police power of the City or County to give full force and
effect to the order.
ZO Chapter 25: Additional Use Regulations
u. Amend Section 25.01: Accessory Buildings and Uses to read:
25.01 Accessory Buildings and Uses.
25.01.01: Residential Districts.
A. Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely
incidental to the uses allowed in a given district are permitted provided that:
1. Accessory Buildings and Uses shall not alter or change the character of the premises;
2. Accessory Buildings and Uses shall be on the same lot as the Principal Building to which they
are accessory;
3. Accessory Buildings shall not be attached to the Principal Building, with the exception of an
allowable uniform and continuous roof supported by customary supports or joists, and no
other connection or attachment between the structures exists;
4. Timing:
a. No Accessory Building shall be constructed upon a lot until the construction of the
Principal Building has actually commenced; and,
b. No Accessory Building shall be used unless the Principal Building on the Lot is also
being occupied for the intended purposes.
c. However, nothing shall prevent the use of a Temporary Construction Facility for the
storage of tools, material and equipment by a contractor during building
construction;
B. Height and Area Requirements.
1. Maximum Height. Eighteen (18) feet.
2. Minimum Lot Area. Per underlying zoning district.
3. Minimum Lot Standards.
a. Minimum Front Yard.
i. Except as otherwise provided for Corner and Through Lots, when detached
from the Principal Building, Accessory Buildings shall be set back a
minimum of the greater of the following:
(a) twenty -five (25) feet behind the Front Line of Building;
(b) twenty -five (25) feet behind the Building Setback Line.
ii. On Corner Lots no residential Accessory Building may be erected:
(a) forward of any Front Line of Building of the Principal Building, or
(b) in any required Minimum Front Yard.
iii. On Through Lots no Accessory Building may be erected:
(a) forward of the Front Line of Building of the front facade of the
Principal Building, or
(b) in the required Minimum Front Yard located to the rear of the
Principal Building.
Ordinance Z- 558 -12, Council Version C
12
11/05/2012
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:
(a) Five (5) feet, or
(b) Easement plus three (3) feet, but not within any Easement or
required landscaped or greenbelt area.
(c) No fill from any excavation may be placed within the Easement.
ii. When closer than ten (10) feet to a Principal Building, Accessory Buildings
shall be considered as part of the Principal Building and shall be provided
with the Side and Rear Yards required for the Principal Building.
4. Maximum Lot Coverage. 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(B)(5).
6. Lighting. No lighting shall cause Illumination at or beyond any Lot Line in excess of 0.1
Footcandle of light.
C. Accessory Uses.
1. Exceptions. Accessory Uses such as public utility installations, private walks, driveways,
retaining walls, nail boxes, nameplates, lamp posts, birdbaths and structures of a like nature
are permitted in any required Front, Side or Rear Yard.
2. Multi- family Districts.
a. Trash Receptacles. Trash receptacles must be enclosed on all four (4) sides and be
screened with landscaping to a minimum height of dumpster and /or compactor plus
two (2) feet.
3. Private radio and television reception and transmitting towers and antennas.
a. Permitted subject to applicable local, state and federal regulations.
b. No structure shall be located or permitted within ten (10) feet of a power
transmission line.
4. Guest House.
a. One (1) Guest House with cooking facilities may be permitted as an Accessory
Building on Lots containing not less than one (1) acre.
5. Servants Quarters.
a. Quarters for bona fide servants employed by the occupants of the Dwelling are
permitted.
6. Tennis courts.
a. Shall be located only within a Side or Rear Yard.
b. Fencing. Open wire mesh fences surrounding tennis courts may be erected to a
height of sixteen (16) feet if such fences only enclose a regulation court area and
standard apron areas.
7. Private Garage. Where a Private Garage is entered from an Alley, it must be set back a
minimum of three (3) feet from the alley easement or right -of -way line.
Ordinance Z- 558 -12, Council Version C
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11/05/2012
8. Private Swimming Pool or Hot Tub.
a. Minimum Side and Rear Yard Setbacks. A swimming pool, hot tub, or its deck or
equipment shall be set back a minimum of the greater of the following:
i. Ten (10) feet from the Side and /or Rear Lot Line,
ii. the Minimum Side and /or Rear Setback for the district, or
iii. Easement plus three (3) feet, but not within any Easement or required
landscaped or greenbelt area.
iv. No fill from pool or hot tub excavation shall be placed within three (3) feet
of any Easement.
b. Safety. For purposes for safety, the following shall apply:
i. Walls or Fencing. Walls or fencing deemed to be impenetrable by the
enforcing authority, that is not less than five (5) feet high completely
surrounding the swimming pool and the deck area with exception of self -
closing and latching gates and doors, both capable of being locked;
ii. Other Means. Other means not less than five (5) feet high and deemed
impenetrable by the enforcing authority at the time of construction and
completely surrounding the pool and deck area when the pool is not used;
and
iii. Combination. A combination of Subsections (i) through (ii) that completely
surrounds the pool and deck with the exception of self - closing and latching
gates and doors which are capable of being locked; or
iv. Pool Cover. A safety pool cover may be used provided that:
(a) there is a continuous connection between the cover and the deck,
so as to prohibit access to the pool when the cover is completely
drawn over the pool;
(b) it is mechanically operated by key or key and switch such that the
cover cannot be drawn upon or retracted without the use of a key;
(c) it is capable of supporting a four hundred (400) pound imposed
load upon a completely drawn cover;
(d) it is installed with a track, rollers, rails or guides;
(e) it bears an identification tag indicating the name of the
manufacturer, name of the installer, installation date, and
applicable safety standards, if any.
(f) that it is in compliance with the Indiana swimming pool code, 2d
Edition, effective date September 13, 1989, as amended.
9. Raising of Hens. Hens shall qualify as a type of small animal permitted as a Residential
Kennel, provided they are confined by a coop or similar Accessory Building. Properties with hens
greater than the number allowed as a Residential Kennel, or with any rooster, shall be considered a
Farm.
ZO Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations
v. Amend Section 26.02.07 in Additional Yard Requirements to read:
26.02 Additional Yard Requirements.
26.02.07 Required Front Yards in residential districts shall be devoted entirely to landscaped area except for
Frontage Places, guest parking and the necessary paving of driveways and sidewalks to reach parking or loading
areas in the Side or Rear Yard. The Minimum Front Yard of any Lot in a Subdivision approved prior to April
21, 2008, which utilized relaxed Front Yard standards previously prescribed in the Residential Open Space
Ordinance of the Subdivision Control Ordinance shall be as follows:
A. Dwelling with attached, front - loading garage: Twenty (20) feet.
Ordinance Z- 558 -12, Council Version C
14
1 1/05/2012
Garage must be set back a minimum of twenty -five (25) feet.
B. Dwelling with attached, side - loading garage: Fifteen (15) feet.
Garage must be set back a minimum of twenty -five (25) feet.
C. Dwelling with attached, rear - loading; or detached, alley - access garage: Ten (10) feet.
w. Amend Section 26.04: Perimeter Buffering Requirements to read:
26.04 Perimeter Buffering Requirements.
26.04.01 The requirements of this Section shall apply to all Special Uses, Subdivision Plats, properties
containing multi- family uses, and properties within all Business, Manufacturing, and Industrial
districts, unless other buffer or perimeter planting standards are specified within an individual district
or zone.
26.04.02 Where 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 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.
26.04.03 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.
26.04.05Planting Strip and Greenbelt plantings, as required in other sections of the Ordinance, shall count
toward perimeter bufferyard requirements.
26.04.06Existing 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.
26.04.07 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 Z- 558 -12, Council Version C
15
11/05/2012
TABLE FOR BUFFERYARD DETERMINATION
Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants
required per one hundred linear foot increment.
BUFFERYARD
SINGLE FAMILY
DUPLEX
MULTI - FAMILY
ACTIVE
RECREATION
z
0)
zi
c
0
D
r
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
D
D
D
D
D
D
D
0
D
D
D
DUPLEX
DEVELOPMENT
C
A
C
B
B
C
C
D
B
D
D
D
MULTI- FAMILY
DEVELOPMENT
C
C
B
B
B
C
C
0
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
0
0
C
C
D
B
B
B
D
0
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.
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
*Evergreen trees may substitute in lieu of shrubbery, on a 1:3 basis (1 conifer equals three shrubs)
ZO Chapter 31: General Provisions
x. Amend Section 31.06.05: Rules Governing Commitments, because paragraphs 3, 4, and 5 are now
superseded by IC 36 -7 -4 -1015, to read:
31.06.05 Rules Governing Commitments.
In addition to the requirements of IC 36 -7 -4 -1015, all Commitments shall comply with the following:
1. Form. A Commitment must be in substantially the form set forth in the Commission's Rules of
Procedure, and must identify any specially affected persons or class of specially affected persons who
may enforce the Commitment. A Commitment must authorize its recording by the Director in the
Office of the Hamilton County Recorder.
2. Recording; Copies. A Commitment shall be recorded in the office of the Hamilton County Recorder
and takes effect upon the adoption of the proposal to which it relates. Following the recording of a
Commitment, the Director shall return the original recorded Commitment to the owner and shall retain
a copy of the recorded Commitment in the Commission's file. All necessary subsequent approvals,
including but not limited to Development Plans, Plats, and Improvement Location Permits will be
withheld pending receipt of the recorded Commitment. Failure to return a recorded Commitment
within thirty (30) days shall nullify the Commission's approval.
Y.
Amend Section 31.08: Copy on File to read:
31.08 Copies on File.
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
Ordinance Z- 558 -12, Council Version C
16
11/05/2012
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:
SEE EXHIBIT A
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are
hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
PASSED by the Common Council of the City of Carmel, Indiana this 64Lday of Iv
2012, by a vote of "1 ayes and 0 nays.
Ordinance Z- 558 -12, Council Version C
17
11/05/2012
Pre
COMMON COUNCIL FOR THE CITY OF CARM
11i
ding/Officer
Kevin D. Rider
Richard L. Sharp, President Pro Tempore Carol Schleif
ATTEST:
Diana L. Cordray, IAMC, Clerk - 're'asurer
W. Eric Seide sticker
Presented b me to the Mayor of the City of Carmel, Indiana this `� day of
(A 2012, at 10110 A.M.
Az-iAA-)
Diana L. Cordray, IAMC, Clerk- Pasurer
Approve by me, Mayor of the City of Carmel, Indiana, this 13 day of
2012, at 1 k: 3 0
ATTEST:
644,
Diana L. Cordray, IAMC, Clerk- Tre rer
jd/ames Brinard, Mayor
Prepared by:
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032
Ordinance Z- 558 -12, Council Version C
18
11/05/2012
CITY OF CARMEL ZONING ORDINANCE
P = Permitted
A = Accessory
n = Prohibited
APPENDIX A: SCHEDULE OF USES
SU = Special Use
SE = Special Exception
= Per Primary Zoning
E = Excluded by Overlay
Overlay Zones
All uses which are permitted in the
Primary Zoning District, except
those excluded (E) below.
Z- 558 -12: EXHIBIT A, Page 1
Version C: November 5, 2012
Primary
Zonin* Districts
Overlay Zones
Type of Use
ti,
rV
vt
.--c
%
N
rx
M
a
R -4
vl
a:
—
CO
N
as
tn
t�
B -5
B -6
B -7
B -8
...
^
M
'"'
U
C -2
^
ri.
C.D
d
Old Meridian Zones
Per;P.rtmaty Zoning
IOM/SFA
10M/MF
O
c
G
O
O
O
rict
2
O
2
2
O
OM /MM
OM /PUD
[Keystone Parkway
US 31/Meridian
US 421 /Michigan
a
o
E-
-0
O
ome Place
[Carmel Dr - Range Lin
Residential Uses
Single Family Dwelling
P
P
P
P
P
P
P
P
P
P
P
P
P
' "E
;':E
T4%
,....>
Two Family Dwelling
P
P
P
P
P
P
P
:
`i =E.
' E'
�_
Multiple Family Dwelling
SU
P
P
SU
P
P
P
P
P
P
Accessory Dwelling
P
P
P
P
P
P
?
,.
Mobile Home Court
SU
j'E`
Attached Dwelling
P
P
P
P
`
F-
„•' `
`a',
Home Occupation 'A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
AA
A
l=;'
Residential Kennel
A
A
A
A
AA
A
A
A
A
A
A
A
A
P
A
A
AA
fir`:',
`' Y'
''"
' -:'z
Bed & Breakfast Inn
P
P
P
;E.'..
,
, ,"
Model Home
P
P
P
P
P
P
P
P
P
-E <,
;E;
Guest House
AA
A
A
A
A
A
A
.. _,
Bona Fide Servants Quarters
AA
A
AA
A
A
A
x'
�
'
^'y `"
k<
4 ..
Boarding or Lodging House
SU
SU
SU
SU
SU
SU
'E%;
'•..E?
; ,
`' ; '
Nursing/Retirement/Convalescent Facility
SU
SU
P
P
P
SU
P
P
P
P
P
P
P
P
Continuing Care Retirement Community (CCRC)
SU
SU
P
P
P
SU
P
P
P
P
P
P
P
P
x
' °:`7a
' :.
%'`=
`-;_
Private Swimming Pool, etc.
A
A
A A
A
A
A
A
A
A
A
_,";..
';`i'.:,
,'.: •,
Office Uses
.'F F
°«•>
",,'
Clinic or Medical Health Center
SU
SU
SU
SU
SU
SU
P
P
P
P
P
P
SU
P
P
P
P
P
P
. ,:
;:; k
; . „
«' +*
,,,
Clinic or Medical Health Center
P
P
P
P
P
P
P
P
P
P
P
;r
, . •
, _,
, ¢#
General Offices
SU
P
P
P
P
P
P
P
P
A
P
P
P
P
P
P
P
u
'
.
,''raG;.S
Professional Office
S U
P
P
P
P
P
P
P
P
S U
P
P
P
P
P
P
P
P
Training Facility
P
P
; ;:
Z- 558 -12: EXHIBIT A, Page 1
Version C: November 5, 2012
CITY OF CARMEL ZONING ORDINANCE
P = Permitted
A = Accessory
ri = Prohibited
APPENDIX A: SCHEDULE OF USES
SU = Special Use
SE Special Exception
= Per Primary Zoning
E = Excluded by Overlay
Overlay Zones
All uses which are pennitted in the
Primary Zoning District, except
those excluded (E) below.
Z-558-12: EXHIBIT A, Page 2
Version C: November 5, 2012
Primary Zoning Districts
Overlay Zones
Type of Use
•-■
(;)
(N
--.
4 ,
N
4
en
4
vil-
4
tri
4
—
ca
e-1
cia
ci-,
f3
tin
pE)
,ID
c6
I---
00
ca
.4
IM -1 1
IM-3 I
,—.
o
eq
o
—
d.
—
¢
Old Meridian Zones
peartinary:Zoningt;ft,
IOM /SFA
0
foM /V
0
[w/o
v)
00
2
IOM /MM
0,
'Keystone Parkway
US 3I /Meridian
US 421 /Michigan
umo,1, PIO
Nome Place
'Carmel Dr - Range Lin
Institutional Uses
'',.::'
:tY::,
ChurehtTemple/Place of Worship
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
P
SU
SU
SU
P
P
P
P
Hospital
P
P
P
SU
P
P
P
P
Library
Sti
SU
SU
SU
SU
SU
SU
SU
SU
SU
P
Penal or Correctional Institution
SU
SU
SU
iE','
Z:=."
Post Office
P
P
P
P
P
P
P
P
P
Power Generating Plant
SU
-.E;
f;E-„-
;,E':
"„,E:
.:';',E':..;A'-.
Public Service Facility
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Commercial Sewage or Garbage Disposal Plant
SU
SU
''';E;
!t!E
r-E.-',.
Water Management & Use Facility
SU
SU
SU
SU
SU
SU
SU
SU
P
SU
SU
,.1,:,i
;,::,,E
.,:;.:.,
Educational Uses
4:'
School, Trade or Business
P
P
SU
SU
P
P
SU
P
P
P
P
P
P
P
,:'.:1
::;'.,:'
g.a.'
:%•;.':
',:e:i',,
',:,-,
College or University
SU
SU
SU
SU
SU
SU
P
P
P
P
P
Day Nursery/Day Care
P
P
SU
P
SU
SU
P
P
i
i
Kindergarten/Preschool
SU
SU
SU
SU
SU
SU
SU
P
P
SU
P
1
School of General Elementary or Secondary Education
SU
SU
SU
SU
SU
SU
SU
SU
P
.t:,..z
- ',-
ft.F:
,!-=•.ti'
Z-558-12: EXHIBIT A, Page 2
Version C: November 5, 2012
CITY OF CARMEL ZONING ORDINANCE
P = Permitted
A = Accessory
= Prohibited
APPENDIX A: SCHEDULE OF USES
SU = Special Use
SE = Special Exception
= Per Primary Zoning
E = Excluded by Overlay
Overlay Zones
All uses which are pennitted in the
Primary Zoning District, except
those excluded (E) below.
Z- 558 -12: EXHIBIT A, Page 3
Version C: November 5, 2012
Primary
Zoning Districts
Overlay Zones
Type of Use
rA
N
rn
—
4
N
e
en
G
V
4
V1
x
-
co
N
co
en
d/'1
fq
v?
as
e--.
co
00
r:6
,_L,
M -1 I
,
2
N
U
d
Old Meridian Zones
Per Primary „ Zoing> =-
OM /SFA 1
Q
>
O
IoM/mu
O
0
rcia
Q
2
0
2
0
Q
c.
0
'Keystone Parkway
US 3I /Meridian
US 421 /Michigan
Old Town
Home Place
Carmel Dr - Range Lin
Retail & Service Uses
General Retail Saks
S U
P
P
P
P
S U
P
P
P
A
P
P
P
P
P
P
P
;';'.
x` :;
%;: ". °'
Lumber /Building Materials Sales (enclosed)
P
P
P
P
P
General Service
P
P
P
P
P
P
P
P
P
P
P
P
P
.
;n; >t',
f -` "r ',
- _.i' ""
Automobile Service Station
P
P
P
P
P
P
ry;E _
; „':
„E
Automobile/Boat Saks
P
P
P
P
P
' 1
. E;
rt4;
E
Automobile/Truck Repair (indoor)
P
P
P
SU
P
� E<
,;Es'
': r �;r .
.';'i»
,,.
.
,
Manufactured Housing Sales
P
Car Wash
P
P
P
P
P
Commercial Kennel
P
P
P
P
SU
'F'E'-',
: :E;`
Dry Cleaning Establishment (with on -site plant)
P
P
P
P
P
Dry Cleaning Establishment (without on -site plant)
SU
P
P
P
P
P
P
P
P
Equipment Sales/Repair (indoor)
P
P
P
P
P
SU
E,'
; :E'r
Financial Institution
‚)
P
P
P
P
P
P
P
P
P
P
P
�_
,. -
Automated Teller Machine (ATM)
A
AA
A
A
A
A
A
P
A
A
P
P
P
`'r.
Food Stand
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P”
%'
' ;'``'
' ``'
,,,,
Funeral Home/Mortuary/Crematory
P
P
P
SU
P
SU
P
P
Recreational Vehicle/Mobile Home Sales
P
P
P
P
Es
E
E
'
Roadside Sales Stand
P
P
P
SU
SU
',E;.
"E'
i'E;
FE;:;
';.,1;
Self-Service Laundry
P
P
P
P
P
„,
i
Sexually Oriented Business
SU
�E;
�'E'"
^aE`�
' - %E�':
of .
;E ?<
Z:
.E
Tattoo Studio
P
P
P
P
P
P
P
P
P
`;E"
E
Veterinary Hospital with commercial kcnncl
P
P
P
SU
P
SU
P
:iE;
;':;,
<;
; 't
;i - &•*
':' '
Veterinary Hospital without commercial kennel
P
P
P
P
P
P
SU
P
P
; -E:
"`E;
'
"
1' %'
Wholesale Sales
SU
P
P
P
P
P
SU
P
P
r`' ^';sE;`'i<;```! ".'_,
Z- 558 -12: EXHIBIT A, Page 3
Version C: November 5, 2012
CITY OF CARMEL ZONING ORDINANCE
P = Permitted
^A = Accessory
I I = Prohibited
APPENDIX A: SCHEDULE OF USES
SU = Special Use
SE = Special Exception
= Per Primary Zoning
E = Excluded by Overlay
Overlay Zones
All uses which are permitted in the
Primary Zoning District, except
those excluded (E) below.
Z- 558 -12: EXHIBIT A, Page 4
Version C: November 5, 2012
Primary
Zoning Districts
Overlay Zones
Type of Use
to
N
n
•--
c
IR -2
cn
PG
V'
c~
t l
,—
al
N
M
ca
Vl
c
\O
o
t—
o
oo
oa
M
—
U
N
c
¢
Old Meridian Zones
PerPnmary Zoning
IOM /SFA
0
IOM /V
0
LO■/O
n
O
2
O
2
O
a
O
Keystone Parkway
US 3I /Meridian
US 421 /Michigan
°
o
F.
-o
O
Home Place
sEYi;
z = _ armel Dr - Range Lin
Cultural / Entertainment Uses
;
Art Gallery
P
P
P
P
P
P
P
P
P
__,
A
m;?.z„
ks {.c
Art & Music Center
P
P
P
P
P
P
P
P
P
P
Carnivals, Fairs, Circuses, etc.
P
P
P
SU
P
:E
Hotel
SU
SU
SU
P
P
P
P
P
Hotel (Full Service)
SU
SU
SU
P
P
P
P
, ,,,,,
.•,;,•x,
;_': `z
'
_
Indoor Theater
P
P
P
P
P
P
P
P
P
P
i
Outdoor Theater
SU
P
P
:'E;i
`E
="
Catering Establishment
P
P
P
P
P
r;F
Restaurant, without drivc -thru f o o d sales
P
P
P
P
P
P
P
P
P
P
P
P
P
p_. >'
K;;?
Restaurant, with walk -up /drive -thru food sales
P
P
P
SU
P
P
p'E
a' Wa
`: `,'
''.E-`;
`;"
Meeting or Party Hall
P
P
P
P
P
P
P
P
P:-
` >',''=
Museum
P
P
SU
P
.:,
'1'=
'
Stadium or Coliseum
P
P
Tavern/Night Club
P
P
P
P
P
P
P
P
P
;, ;s
Industrial Uses
Borrow Pit/Top Soil Removal & Storage
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
Heavy Industrial
P
SU
E
Sanitary Landfill, Junk Yard, Salvage Yard
SU
SU
SU
E'
?.'E:
'';E;
. =E5
Light Industrial
SU
P
P
=E "'
.E =:*
;k';
s:E<
`;;E5
Storage and/or Warehousing, Indoor
SU
P
P
P
P
`'E
'E ?
%': :
i i '
> E.f
'1'E'r
Storage and/or Warehousing, Outdoor
SU
P
SU
'E
i;E'•'
, :E °`
';.E.;
is E•'
%E;
Storage or Sale of Petroleum Products
SU
P
P
P
E
E
,;:" ;
E;
;:E;'
,'' ? {Mf,
K '' <.
`E,`
Coke Ovens /Brick Yards /Kilns /Open Hearth/Blast
Furnace
P
SU
..`'�
r:
rylt+t
Light Manufacturing
P
P
P
' E
'
'• ?-;
: ?E:4
Mineral/Sand/Gravel Extraction Operations
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
z'"'
sE =:
%':Es
: ,.
,E"
^E'
Z- 558 -12: EXHIBIT A, Page 4
Version C: November 5, 2012
CITY OF CARMEL ZONING ORDINANCE
P = Permitted
A = Accessory
n = Prohibited
APPENDIX A: SCHEDULE OF USES
SU = Special Use
SE = Special Exception
= Per Primary Zoning
E = Excluded by Overlay
Overlay Zones
All uses which are pennitted in the
Primary Zoning District, except
those excluded (E) below.
Z- 558 -12: EXHIBIT A, Page 5
Version C: November 5, 2012
Primary
Zoning Districts
Overlay Zones
Type of Use
c))
rV
rn
i!
LR -2
M
a
I
c
v-)
c4
—
s
N
a)
M
cj
V1
aO
\O
of
r--
c6
DD
cO
,4
2
M
2
^
U
N
U
a
d
Old Meridian Zones
peoPrim?ry, >Zoning;, >;,
M /SFA
1M /MF
O
O
O
O
Q
EOM /MM
O
Keystone Parkway
US 31 /Meridian
US 421 /Michigan
101d Town
Home Place
Carmel Dr - Range Lin
Printing/Publishing Establishment
SU
P
P
SU
P
P
P
_
Et
Storage /Distribution Facility
SU
P
P
SU
SU
Wholesaling Facility
P
SU
P
'E,.
'E;.
t ,
•
Heavy Manufacturing
E
E
E'-'
.;'E$,
'::E';
'E+
' E;;
1
Agricultural Uses
„.
.,,
.;H
Commercial Greenhouse
SU
SU
SU
P
P
SU
SU
!E”
E'
' +'d:
'E'
,?`,"
Raising/Breeding of Non -Faun or Exotic Animals
SU
SU
E
?E
',Eu
:,<E+
; E'
Feed Store
SU
P
-E +:
=E:
'E"
` E'
r'r ^,`'
Plant Nursery
SU
SU
SU
P
P
SU
SU
E'
E-;
Grain Elevator
SU
:.,E;:..;E:`,
General Agriculture (Fart)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Horse Farm
P
F x%
:.
w. *'
, •.
Recreational
f,'
k
'; ;
_::
s'
Commercial Recreational Facility, Indoor
P
P
P
P
P
P
P
P
P
P
P
P
P
Commercial Recreational Facility, Outdoor
SU
SU
SU
SU
P
E:f
:E °:
„ E;
:E
.'.,,''.
i =t „,
Community Centcr
P
P
�
r ��
=''
Country Club
SU
SU
SU
SU
SU
SU
P
P
SU
`
"r'E”
:' :`',
:z {'; '
Y=$
Golf Course
SU
SU
SU
SU
SU
SU
P
SU
P
SU
Private Club or Lodge
P
P
P
SU
P
P
P
P
E;
„: . ......
..:§':`t:
r.:
Private Recreational Facility
SU
SU
SU
SU
SU
SU
P
SU
SU
SU
SU
SU
SU
P
E!
"> .
Q4'
Riding Stable
SU
SU
;E-•:
,`,`
Park, Public
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
; "
{r':
y'iyf
Shooting Gallery
P
P
P
P
V.
Z- 558 -12: EXHIBIT A, Page 5
Version C: November 5, 2012
CITY OF CARMEL ZONING ORDINANCE
P = Permitted
A = Accessory
I I = Prohibited
APPENDIX A: SCHEDULE OF USES
SU = Special Use
SE = Special Exception
= Per Primary Zoning
E = Excluded by Overlay
Overlay Zones
All uses which are pennitted in the
Primary Zoning District, except
those excluded (E) below.
Z- 558 -12: EXHIBIT A, Page 6 Version C: November 5, 2012
Primary Zoning Districts
Overlay Zones
Type of use
—
N
ri,
c
R -2 I
M
a
C
,)
a
�'
co
N
cia
cn
PL)
vl
ra
o5
l—
oa
00
as
IM -3 I
^r
cv
N
''-'
a
d�
Old Meridian Zones
PeraPrimary; <Zonng'=
IOM /SFA I
w
0
rG
0
/.
0
'rG
0
"
0
IOM /M I
0.
10M/PUD
!Keystone Parkway
S 31 /Meridian
S 421 /Michigan
c
3
,b
Q •
IHome Place
Carmel Dr - Range Lin
Miscellaneous
,z
Artificial take or Pond (non - platted)
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
r s:'
';:, :>
`: >>=
.
-£: >;
i; Z.
Cemetery
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
E::
c
".:_ ?
i:. ?;:
.',:f'":,
Historic Site
P
' "i'1 "'
, .,
r.
Temporary Uses
` wr
.'.'';' _'.1',-.:.'
,il
'
Construction Facility
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
'''';-
. t;:.
't'i ,
Display, Outdoor
A
A
A
A
A
A
A
A
A
"„
7,;E
E_
=
Model Home
P
P
P
P
P
P
P
P
P
= E:'
=E;�
a E
_,.
:. Y
r {'
Sales, Outdoor
AA
A
A
A
A
A
A
A
Sales, Seasonal Outdoor
P
P
P
P
P
P
P
P
Ew
E;:
7!Er.;rt
•
Special Event, Outdoor
P P
P P
P
P
P P
P P
P P
P P
P P
P P
P P
P
P
P
P
P P
P P
P P
v`
'v
Z- 558 -12: EXHIBIT A, Page 6 Version C: November 5, 2012
CITY OF CARMEL ZONING ORDINANCE
P = Permitted
A = Accessory
n = Prohibited
APPENDIX A: SCHEDULE OF USES
SU = Special Use
SE = Special Exception
= Per Primary Zoning
E = Excluded by Overlay
Overlay Zones
All uses which are permitted in the
Primary Zoning District, except
those excluded (E) below.
if visually integrated with or camouflaged on or within another structure (such as achimney stack, church spire, light standard, monument, penthouse, power line support device, or water tower),
or if collocated on an existing or previously approved tower: 2 monopole -type construction only; 3 if mounted on another structure; ° if visually integrated with or camouflaged on or within a
structure other than a tower (such as a chimney stack, church spire, light standard, monument, power line support, or water tower)
Appendix A, as adopted per Ordinance No. Z- 4/5 -03 ; as amended per Z-461-04: Z- 470 -05; Z- 488 -06; Z- 547 -10.
Z- 558 -12: EXHIBIT A, Page 7 Version C: November 5, 2012
Primary Zoning Districts
Overlay Zones
Type of Use
vt
ri)
rx
cG
tx
c
c~
co
1B -2
0
pa
cc)
cq
ea
,-..
2
2
U
U
a
Q
Old Meridian Zones
P& Pijmary>°Zontng:'r
OM /SFA
w
2>
0
0
OM /MU
O
0
rn
0
2
0
2
2
0
Q
9
a
0
'Keystone Parkway
US 31 /Meridian
US 421/Michigan
3
°
0
Home Place
Carmel Dr - Range Lin
Transportation & Communication Uses
Antenna°
SU
SU
SU
SU
SU
SU
SU
P
SU
-:
4
',_...
2," -i'
Collocated Antenna
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
h',
; % "c
: ,`a`,;
r;
•,:'
;.
Radio and/or Television Studio
P
P
P
SU
P
P
Radio/Television Transmission Antenna`
SU
SU
SU
SU
SU
SU
SU
SU
SU
SE
Radio/Television Transmission Tower
SU
SU
SU
P
P
SE
SE,E,
Tower
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
E'
5:.'
:?;;;
Wireless Telecommunications Antenna'
P
P
P
P
P
P
P
P
P
P
P
P
P
P
'' >>
y'; >''
.:
':=.:',;6
Wireless Telecommunications Service Tower'-
SE
SE
SE
SE
SE
SE
SE
SE
SE
Motor Bus or Railroad Passenger Station
P
P
P
SU
P
P
„ ,:r:-
_ `£
Private Airplane Landing/Service Facility
Private
SU
SU
SU
E;`
E?
,.E -.
E
; E';'
':X
Private Helicopter Landing/Service Facility
SU
SU
SU
P
` ,
1E'
Commercial Parking Lot
P
P
P
SU
P
P
Private Parking Area
A
A
A
AA
A
A
AA
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
;;'
',ti':
Truck Stop
if visually integrated with or camouflaged on or within another structure (such as achimney stack, church spire, light standard, monument, penthouse, power line support device, or water tower),
or if collocated on an existing or previously approved tower: 2 monopole -type construction only; 3 if mounted on another structure; ° if visually integrated with or camouflaged on or within a
structure other than a tower (such as a chimney stack, church spire, light standard, monument, power line support, or water tower)
Appendix A, as adopted per Ordinance No. Z- 4/5 -03 ; as amended per Z-461-04: Z- 470 -05; Z- 488 -06; Z- 547 -10.
Z- 558 -12: EXHIBIT A, Page 7 Version C: November 5, 2012
MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling 4_
Department of Community Services
SUBJECT: Z- 558 -12, As Amended
DATE: October 30, 2012
Please find the attached information on the following item returned from the Plan Commission and reviewed by
the Land Use Committee. This item will appear on your November 5th agenda.
Returned to the Council with a disapproval of the amendments:
Ordinance Z- 558 -12, As Amended (Docket No. 12010005 OA): Patch Ordinance IX
The Land Use Committee discussed the Council's options under Indiana Code, and ultimately agreed that the Plan
Commission's recommended amendments be adopted with one adjustment regarding commitments.
HISTORY OF Z- 558 -12:
May 15, 2012:
August 20, 2012:
September 19, 2012:
October 15, 2012:
October 23, 2012:
Z- 558 -12 received a favorable recommendation from the Plan Commission
Z- 558 -12, As Amended (Version B) was approved by City Council
Z- 558 -12, As Amended disapproved by the Plan Commission (Certification expires 11/16/12)
Disapproval of Z- 558 -12, As Amended was sent to the Land Use Committee for review
Land Use Committee reviewed Plan Commission recommendations
As noted in the Plan Commission's disapproval, there were two sections with which the Plan Commission disagreed and
suggested amendment. After review by the Land Use, Annexation & Economic Development Committee, the following
amendments to Z- 558 -12, As Amended (Version B) are formally proposed:
SUBDIVISION WAIVERS:
Subdivision Control Ordinance, Section:
3.07.01 Pursuant to I.C. 36 -7 -4 -702, the standards fixed in the subdivision control ordinance may be waived by the
Commission (or plat committee acting on the Commission's behalf); however, the plat must still meet all applicable
standards prescribed in the zoning ordinance (other than standards modified by variance in accordance with the I.C.
36 -7 -4 -900 series). As a condition of granting a waiver under this subsection, the Commission may allow or require a
commitment to be made by the applicant under I.C. 36 -7 -4 -1015.
2012 -1105; Z- 558 -12; Council Report.docx
Page 1
applicant under I.C. 36 7 4 1015.
COMMITMENTS:
As an adjustment to the Plan Commission's suggestions, the Land Use Committee recommended that time period to
record commitments is reduced from 90 to 30 days (reflected below).
Zoning Ordinance, Section:
31.06.05 Rules Governing Commitments.
In addition to the requirements of IC 36 -7 -4 -1015, all Commitments shall comply with the following:
1. Form. A Commitment must be in substantially the form set forth in the Commission's Rules of Procedure,
and must identify any specially affected persons or class of specially affected persons who may enforce the
Commitment. A Commitment must authorize its recording by the Director in the Office of the Hamilton
County Recorder.
2. Recording; Copies. A Commitment shall be recorded in the office of the Hamilton County Recorder and
takes effect upon the adoption of the proposal to which it relates. Following the recording of a
Commitment, the Director shall return the original recorded Commitment to the owner and .shall retain a
copy of the recorded Commitment in the Commission's file. .
All necessary subsequent
approvals, including but not limited to Development Plans. Plats, and Improvement Location Permits will
be withheld pending receipt of the recorded Commitment. Failure to return a recorded Commitment within
thirty (30) days shall nullify the Commission's approval.
If these amendments are adopted, they will be formally on the record as Z- 558 -12, As Amended, Version C. The
Clerk - Treasurer's Office has the appropriate Ordinance and signature page.
2012 - 1105: Z-558-12: Council Report.docx
Page 2
MEMORANDUM
TO: Douglas C. Haney
City Attorney
FROM: John R. Molitor
Counsel to the Carmel Plan Commission
DATE: October 9, 2012
RE: Proposed Amendments to the Subdivision Control Ordinance
Regarding the Authority to Grant Waivers
Background of Issue
Pending again before the Common Council is a proposed text amendment (Z- 558 -12,
deemed the "PATCH IX" ordinance) to the City's zoning and subdivision control
ordinance which, among other things, includes changes relating to the Plan
Commission's authority to grant "waivers" from the standards contained in the
subdivision control ordinance.
After PATCH IX was favorably recommended by the Plan Commission pursuant to I.C.
36- 7- 4- 607(e), the Common Council took PATCH IX under advisement pursuant to I.C.
36- 7- 4- 607(e)(4) and proposed that Section 3.07 of the subdivision control ordinance
should be amended to read as follows:
3.07 Waivers. [Council Version]
3.07.01 Pursuant to I.C. 36 -7 -4 -702, the Commission may, after a public hearing,
waive any of the standards fixed in this Ordinance. However, in terms of modifying any
quantitative or dimensional requirement (lot area, width, setbacks, etc., excluding
density), such modification may not be greater than ten percent (1 0 %) in aggregate.
Cumulatively, quantitative or dimensional modifications greater than ten percent (10 %)
must be ratified by the Council.
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. In the event that a City -wide policy and area -
specific policy conflict, the area- specific policy shall apply.
2. The proposal shall enhance the subdivision plan, and in no way be detrimental
to any part of the plan or nearby area surrounding the subject property.
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 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.
Pursuant to I.C. 36- 7- 4- 607(e)(4), the Council then returned PATCH IX to the Plan
Commission for its further consideration. I advised members of the Plan Commission
that certain provisions of the Council's proposal conflicted with the State's Local
Planning and Zoning Law, and they directed the staff to prepare a further amendment to
Section 3.07 which would conform to State Law. Accordingly, pursuant to I.C. 36-7-4 -
607(e)(4)(B), the Plan Commission has now disapproved the Council's proposed
amendment, and instead it has recommended to the Council that Section 3.07 should
be amended to read as follows:
3.07 Waivers. [Commission Version]
3.07.01 Pursuant to I.C. 36 -7 -4 -702, the standards fixed in the subdivision control
ordinance may be waived by the Commission (or plat committee acting on the
Commission's behalf); however, the plat must still meet all applicable standards
prescribed in the zoning ordinance (other than standards modified by variance in
accordance with the I.C. 36 -7 -4 -900 series). As a condition of granting a waiver under
this subsection, the Commission may allow or require a commitment to be made by the
applicant under I.C. 36 -7 -4 -1015.
Pursuant to I.C. 36- 7- 4- 607(e)(4)(B), it is now up to the Council whether to accept the
final recommendation of the Plan Commission or to confirm its original amendment
despite the disapproval of the Plan Commission.
Legal Analysis
In my opinion, the Council Version of Section 3.07 conflicts with the State's Local
Planning and Zoning Law (1.0. 36 -7 -4), because it assigns to the City's legislative body
a role in the administrative decision whether standards fixed in the City's subdivision
control ordinance may be waived. Under state law, as described below, only the Plan
Commission may exercise the waiver power:
1. Directly on point is I.C. 36- 7- 4- 702(c), which specifically grants waiver
discretion to the Plan Commission (or plat committee acting on the Commission's
behalf). The provision provides no role for the City's legislative body in this regard:
(c) The standards fixed in the subdivision control ordinance under subsection (b) may
be waived at the discretion of the plan commission (or plat committee acting on the
commission's behalf); however, to be approved, the plat must still meet all applicable
standards prescribed in the zoning ordinance (other than standards modified by variance
in accordance with the 900 series of this chapter). As a condition of granting a waiver
under this subsection, the commission or committee may allow or require a commitment
to be made under section 1015 of this chapter. [emphasis added]
2. I.C. 36- 7- 4- 918.5(c), which appears in the statutory series that pertains to the
Board of Zoning Appeals, buttresses the above point:
(c) Only the plan commission (or plat committee acting on the commission's behalf)
may grant a waiver from standards that are fixed in the subdivision control ordinance, as
provided in section 702(c) of this chapter. [emphasis added]
3. The Common Council cannot override or ignore provisions of the Local
Planning and Zoning Law, because the State's Home Rule Law (specifically, I.C. 36 -1-
3-6) does not apply to the Local Planning and Zoning Law, pursuant to I.C. 36-7-4 -
201(a):
(a) For pm poses of IC 36- 1 -3 -6, a unit wanting to exercise planning and zoning powers
in Indiana must do so in the manner provided by this chapter.
Based on the above, the Plan Commission has now recommended that Section 3.07 of
the subdivision control ordinance should essentially just repeat the statutory language of
I.C. 36- 7- 4- 702(c) above. This recommendation would be well taken.
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 (As Amended): Patch IX
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: 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.
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 amendments to the petition (Docket No. 12010005
OA) to Amend a variety of Subdivision Control and Zoning Ordinance Chapters, known as Patch Ordinance IX.
The Carmel Plan Commission DISAPPROVES the amendments.
At its regular meeting on September 18. 2012 the Commission voted nine (9) in Favor, zero (0) Opposed, zero (0)
Abstaining, to forward to the Common Council Ordinance Z- 558 -12 As Amended with a Disapproval of the
amendments, due to the following reasons:
• Pursuant to Indiana Code 36- 7- 4- 702(c), the Plan Commission has the discretion to grant waivers from the
standards fixed in the Subdivision Control Ordinance without limit; and, pursuant to Indiana Code 36- 7- 4- 201(a),
Indiana's Home Rule Law does not authorize the Common Council to alter state law in this regard (SCO, 3.07:
Waivers)
• In some cases Commitments are agreed upon at the meeting, so it could be problematic to delay a vote for the
next meeting. Instead, subsequent approvals would be withheld. and the approval ultimately revoked in 90 days
(ZO, 31.06.05: Rules Governing Commitments)
Please be advised that by virtue of the Commission's Disapproval, pursuant to IC 36-7-4-607(e)(4)(B). the Council has
forty -five (45) days to confirm its vote on Z- 558 -12 As Amended. If the Council fails to act, then Ordinance Z- 558 -12
becomes effective as originally Certified by the Commission on May 24, 2012. Forty -five days from the date of this
Certification (October 2, 2012) is Friday, November 16, 2012.
Rainona Hancock, ecretary
Carmel Plan Commission
Dated: October 2, 2012
2012 -1002: Z- 558 -12, As Amended; PC ReCertification.docx
CARMEL PLAN CO ►. MISSION
B
Jay 13? ,, an, ' resident