HomeMy WebLinkAboutPacket 10-26-04
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BRENWICK
THE VILLAGE OF WESTCLA Y
DOCKET NUMBERS: 04060035 OA and 04060036 Z
INFORMATION PACKET FOR
THE CARMEL PLAN COMMISSION
SPECIAL STUDIES COMMITTEE
OCTOBER 26,2004
12821 E. New Market St. Suite 200 · Carmel, Indiana 46032 · 317.574.3400 · 317.574.3919 Fax
brenwick@brenwick.com http://www.brenwick.com
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BRENWICK'SRESPONSE REGARDING DENSITY INCREASES
AND ST~ET LIGHTING
At the Committee's last meeting, it requested further information from Brenwick
regarding the proposed increases in the tnaximum density of The Village of WestClay and
proposed street lighting in the Peripheral R~taiIArea.
Density
Under its amended land plan, Bren~ick proposes that the maximum permitted residential
density in The Village of WestClay be incteased from 2.0 dwelling units per acre, exclusive of
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accessory dwellings (so-called "granny fl*ts") to (i) 2.2 dwelling units per acre, exclusive of
senior housing, accessory dwellings and Vtllage Center lofts and (ii) 2.5 dwelling units per acre,
exclusive of accessory dwellings and Villa~e Center lofts.! As can be seen in Table 1 below, the
increased residential densities are attributable to additional townhomes and the senior housing
west of Towne Road.2
Table 1
Current and Proposed Residential Densitif?s
Residential Units in Current Land,Plan
Residential Units itl Proposed Larld Plan
A maximum of 2.0 units per acre3
A maximum of 2.2 units per acre, exclusive of
senior housing
A maximum of 2.5 units per acre, with senior
h . 4
ousIng
1,143 single-family attached andgetached
dwellings
Up to 225 apartments
1368 single-family attached and detached
dwellings
186 apartments
Up to 51 Village lofts
216 senior housing units
Total: 1,374 units
Total: 1821 units
The additional residential density is necessary and desirable for several reasons:
1 Village Center lofts would be located on the upper floors of multi-use buildings in the Village Center. Like
accessory dweliings, they are not the principal use of a site. They provide opportunities to building owners within
The Village of WestClay to provide further alternative types of housing.
2 126 townhomes and 64 Village Home sites south of 131st Street and 82 townhomes and 53 Village Home sites
north of 131st Street
3 Not including accessory dwellings.
4 Not including accessory dwellings or the Village housing lofts.
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1. Townhome development in Carmel is a recent phenomenon that has filled a
desperate need to provide lower cost, owner-occupied housing, primarily for younger families
and singles. It was to meet this perceived need that townhomes were designated as a critical
design component of the City Center project and are a separately designated component of the
development plan for the OM/Old Meridian District. If Carmel wants to keep its young people
and if it wants to attract more young professionals to its local work force, then it is imperative
that it make available attractive, affordable housing. Brenwick believes that townhomes are a
wise design solution to this problem and it requests an increase of 10% in its existing density cap.
in order to accommodate this need.
2.
Carmel.
The senior housing will serve the growing number of seniors who desire to live in
3. Brenwick's acquisition of the 30 acres at the northwest comer of Towne Road and
131 st Street to develop as a residential buffer is not economically feasible without adequate
residential density.
4. The senior housing, townhomes and lofts that would be available through
increased density are tax revenue positive because (i) they add to the available base of county
option income tax and (ii) their owners pay property taxes that benefit the public schools without
sending significant numbers of children to those schools.
5. Senior housing has almost no impact on peak hour traffic and levels of service of
roads and intersections. Townhomes generate less peak hour traffic than detached single-family
homes. In any event, as will be discussed below, the increased density will not result in greater
traffic than what was contemplated under the traffic study performed in 1999, as recently
updated.
6. The Village Center lofts are necessary to the construction of multi-story buildings
in the Village Center, particularly if a portion of the permitted commercial square footage is
allocated to the west side of Towne Road.
7. As will be seen below, the additional density, w.hen coupled with other plan
changes, results in less peak hour traffic than contemplated by the original study for The Village
of WestClay.
Increased Density and Sch,ool Children
As noted above, the proposed increased density of The Village of WestClay, exclusive of
senior housing, is due predominantly to the an increase in the number of townhomes. Planners
and housing experts have long known that attached housing, especially newly-built attached
housing, results in fewer school children per household than typical single-family detached
housing. According to The New Practitioner's Guide to Fiscal Impact Al~alysispublished in
1985 by the Center for Urban Policy Research, atypical detached single-family home produces
0.847 school children, compared to 0.383 per townhome and 0.458 per duplex, triplex or quad.
Declining household sizes since 1985 have resulted in a declining number of school children in
all types of residences. According to the 2003 American Housing Survey ("AHS"), published by
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the United States Census Bureau in September 2004, nationally, there are 0.54 school age
children per household. There are significant differences by housing type, with 0.62 children per
detached single-family dwelling, and 0.37 children in multifamily households.
When looking at newly constructed residences, the differences are even greater.
According to the AHS, the number of school-age children for recent movers into newly
constructed owner occupied single-family detached homes is 0.74, but only 0.254 for single-
family attached homes, such as townhomes and duplexes, and 0.155 per unit of newly-.
constructed owner-occupied multifamily housing. Within The Village of WestClay': the 80
townhomes constructed by Ryland presently have 24 school age children, or 0.30 per unit.
It should be noted that the number of school age children attending public school from
any housing type is less than the number of school age children per household. According to the
National Center for Education Statistics, 12.6% of all school-aged children nationally are in
private schools and 1.7% are home-schooled. In Carmel-Clay in 2000 (the last year for which
township population figures are available), where the housing is overwhelmingly single-family
in nature, there were 0.52 public school students per household.
111~creased Density and Traffic
Brenwick has provided substantial traffic studies of the various development scenarios.
The original 1999 study was likely the most complete study ever done of traffic and development
. in western Clay Township. A summary of the 1999 traffic study is shown as Scenario I below:
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Scenario I: Trip Generation Summary
Village of West Clay ORIGINAL (1999)
Project Site: 686.7 Acres
Land Use Size AM Peak Hour PM Peak Hour
In Out Total In Out Totaf
Residential
Single Family Detached 969 DU 150 428 579 544 293 837
Apartments & Lofts 268 DU 31 123 154 131 68 199
Townhomes 230 DU 10 46 56 46 23 69
Single Family Attached 32DU 4 17 21 17 8 25
Senior Housing, Detached o DU
Senior Housing, Attached o DU
Commercial at 131 stfTowne Road
Shopping Center o SF
Commercial in Village
Offices 193,625 SF 354 44 398 48 270 318
Retail 116,175 SF 112 65 177 361 361 722
Amenities
Day Care Center 250 students 52 47 99 84 95 179
Meeting House 17,472 SF 22 2 24 4 31 35
Educational Center 13,280 SF 28 1 29 11 3 14
Sub-total Trip Generation 763 773 1,536 1,246 1,152 2,398
- Internal Capture (115) (57) (172) ( 135) (178) (313)
TOTAL External Trips 648 716 1,364 1,111 974 2,085 Combined
Peak Hour
- Pass-By Trips (131 stfTowne) 0 0 0 0 0 0 T ota I
TOTAL External, Non Pass-By Trips 648 716 1,364 1,111 974 2,085 3,449
Edwards & Kelcey has updated its 1999 study with current traffic counts and updated
information regarding other development in the area. It has taken that information and prepared
three additional traffic scenarios based upon the current proposal. Since, as shown in Table 2,
the permitted commercial space will not be increased under the proposed scenario, the additional
scenarios show the effects of residential density and a student day care center on peak hour
traffi c .
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Table 2
Cun.ent and Proposed Commercial Square Footage
Current Land Plan
Proposed Land Plan
274,800 square feet of retail, office and service
uses, with no more than 123,660 square feet of
that total comprised retail and no more than
206,100 square feet of that total comprised of
office and service uses
274, 800 square feet of retail, office and
service uses, with no more than 100,000 square
feet located west of Towne Road
Scenario II shows the peak hour traffic levels if overall density remains at 2.0 units per
acre for single-family homes, apartments and attached dwellings such as townhomes, adding 216
senior housing units not counted within that density cap and allocating a portion of the 274,800
square feet of commercial space now permitted within the Village Center to the west side of
Towne Road. This scenario contemplates a daycare center, which is presently a permitted use in
The Village of WestClay:
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, Scenario II: Trip Generation Summary
Village of West Clay Update II (2004) at 2.0 units/acre with Daycare
Project Site: 716.8 Acres
Land Use Size AM Peak Hour PM Peak Hour
In Out Total In Out Total
Residential
Single Family Homes 1017 DU 180 541 721 544 320 864
Apartments & Lofts 237 DU 24 96 120 96 52 148
Townhomes 174 DU 14 66 80 64 31 95
Single Family Attached 56 DU 5 27 32 25 12 37
Senior Housing, Detached 48 DU 6 9 15 18 11 29
Senior Housing, Attached 168 DU 6 7 13 11 7 18
Commercial at 131 sVTowne Road
Shopping Center 100,000 SF 96 61 157 300 326 626
Commercial in Village
Offices 96,140 SF 187 23 210 31 192 223
Specialty Retail 78,660 SF 0 0 0 92 118 210
Amenities
Da y Care 250 students 100 88 188 79 89 168
Meeting House 17,472 SF negligible negligible
Educational Center o SF
Sub-total Trip Generation 618 918 1 ,536 1,260 1,158 2,418
- Internal Capture (150/0) (63) (115) (178) (132) (111) (243)
TOTAL External Trips 555 803 1,358 1,128 1,047 2,175 Combined
Peak Hour
- Pass-By Trips (131 stffowne) 0 0 0 (122) (122) (244 ) T ota I
TOTAL External, Non Pass-By Trips 555 803 1,358 1,006 925 1,931 3,290
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Scenario III shows traffic impacts at 2.0 units per acre for single-family homes,
apartments and attached dwellings such as townhomes, adding 216 senior housing units and
allocating a portion of the 274,800 square feet of commercial space now permitted within the
Village Center to the west side of Towne Road, but without the day care center, which would be
a significant peak hour traffic generator:
Scenario III: Trip Generation Summary
Village of West Clay Update II (2004) at 2.0 units/acre without Day C.are
Project Site: 716.8 Acres
land Use Size AM Peak Hour PM Peak Hour
In Out Total In Out Total
Residential
Single Family Homes 1017DU 180 541 721 544 320 864
Apartments & Lofts 237 DU 24 96 120 96 52 148
Townhomes 174DU 14 66 80 64 31 95
Single Family Attached 56DU 5 27 32 25 12 37
Senior Housing, Detached 48DU 6 9 15 18 11 29
Senior Housing, Attached 168DU 6 7 13 11 7 18
Commercial at 131 sVTowne Road
Shopping Center 100,000 SF 96 61 157 300 326 626
Commercial in Village
Offices 96,140 SF 187 23 210 31 192 223
Specialty Retail 78,660 SF 0 0 0 92 118 210
Amenities
Day Care o students
Meeting House 17,472 SF negligible negligible
Educational Center o SF
Sub-total Trip Generation 518 830 1,348 1,181 1,069 2,250
- Internal Capture (150/0) (63) (115) (178) (132) (111) (243)
TOTAL External Trips 455 715 1,170 1,049 958 2,007 Combined
Peak Hour
- Pass-By Trips (131 stffowne) 0 0 0 (122) (1 22) (244) T ota I
TOTAL External, Non Pass-By Trips 455 715 1,170 927 836 1,763 2,934
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Scenario IV shows the impact at the proposed 2.2 units per acre (the same as
contemplated by the 1999 study), and with the additional units in senior housing (which, as
earlier reports from Edwards & Kelcey have already noted, generates very little peak hour
traffic), but without the day care center:
Scenario IV: Trip Generation Summary
Village of West Clay Update II (2004) at 2.2 units/acre without Day Care
Project Site: 716.8 Acres
Land Use Size AM Peak Hour PM Peak Hour
In Out Total In Out Total
Residential
Single Family Homes 1039 DU 184 553 737 555 326 881
Apartments & Lofts 237 DU 24 96 120 96 52 148
Townhomes 295 DU 21 102 123 98 48 146
Single Family Attached 56 DU 5 27 32 25 12 37
Senior Housing, Detached 48DU 6 9 15 18 11 29
Senior Housing, Attached 168 DU 6 7 13 11 7 18
Commercial at131 sVTowne Road
Shopping Center 100,000 SF 96 61 157 300 326 626
Commercial in Village
Offices 96,140 SF 187 23 210 31 192 223
Specialty Retail 78,660 SF 0 0 0 92 118 210
Amenities
Day Care o students
Meeting House 17,472 SF negligible negligible
Educational Center o SF
Sub-total Trip Generation 529 878 1,407 1,226 1,092 2,318
- Internal Capture (150/0) (65) (123) (188) (139) (115) (254)
TOTAL External Trips 464 755 1,219 1,087 977 2,064 Combined
Peak Hour
- Pass-By Trips (131 stfTowne) 0 0 0 (1 22) ( 122) (244 ) T ota I
TOTAL External, Non Pass-By Trips 464 755 1,219 965 855 1,820 3,039
As can be seen, development as currently .proposed will result in less peak hour traffic
than was contemplated in the 1999 study. Comparing Scenario. IV to Scenario I, development at
2.2 units per acre, plus senior housing, but without student day care, generates 11.9% fewer daily
peak hour trips than contemplated by the original development plan that was approved in 1999
and 7.6% fewer trips than a plan at 2.0 units per acre with a student day care center (which
currently is a permitted use). Comparing apples to apples, development at 2.2 units per acre
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without a day care center generates only 3.6% more daily peak hour trips than development at
2.0 units per acre without a day care center and this increase' of 105 trips per day is sti11 146
fewer trips per day than originally projected in 1999. Stated another way, a 10% increase.in
density generates only a 3.6% increase in daily peak hour trips assuming that a student day care
facility, which, as proposed by petitioner, would require separate approval by the Plan
Commission, is not developed. Again, with the proposed revisions to the development plan and
ordinance, including the increase in density with senior housing, TIle Village of WestClay will
generate fewer peak hour trips tllan were anticipated when it was approved in 1999.
Lighting
In 2000 Brenwick instailed approximately two hundred 175 watt Metal Halide street
lights within the initial phase of the Village of WestClay. In 2002, the surrounding property
owners voiced concern over the amount of upward light emitted from the street lights. After
reviewing alternatives, it was decided to install an internal shield over the lightbulb to reduce the
amount of upward light. A positive result was achieved by installing the shields. Since 2002
Brenwick has investigated alternate bulbs for future street lights and has selected a 100 watt
Metal Halide in place of the 175 watt Metal Halide bulb which will reduce the upward lighting
by 38% from 6110 lumens to 3734 lumens.
Per Section 21.8 of the WestClay Village planned unit development ordinance, the
lighting in the Peripheral Retail Area shall conform to the requirements of Section 23C.12B and
23C.12C of the Carmel/Clay Zoning Ordinance Z-289. These requirements govern the
development in the US Highway 421 - Michigan Road Corridor Overlay Zone and specify
maximum illumination levels at site boundaries. The street light currently utilized in the Village
of WestClay has an optional adjustable internal reflector which reduces the upward lighting.
This optional component will be used in the Peripheral Retail Area as needed to comply with the
requirements of the ordinance.
INDSOI DRW 706582v2
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EdWirlrcl!J;
~KeJcey
(Ocr 2 0
October 19, 2004
Mr. Keith Lash
Vice President of Operations
Brenwick Development Company
12821 East New Market Street, Suite 200
Cannel,. Indiana 46032
RE: West Clay Traffic Impact Study Update
EK 0400.48.034
Dear Mr. Lash:
Per your request, the original Village of West Clay Trip Generation was compared to three alternate Scenarios,
with varying densities and with or without a Daycare facility. The four Scenarios evaluated are:
Scenario I:
Scenario II:
Scenario III:
Scenario IV:
Village of West Clay Original (1999)
Village of West Clay Update II (2004) at 2.0 units/acre with Daycare
Village of West Clay Update II (2004) at 2.0 units/acre without Daycare
Village of West Clay Update II (2004) at 2.2 units/acre without Daycare
The four Scenarios were compared based on the. amount of external, non-pass-by trips generated for the AM
and PM peak hours combined. Scenario I was prepared in 1999 as part of the original Traffic Impact Study for
the Village of West Clay. Scenarios II, III, and IV include the 30 additional acres being proposed for the comer
of 131 st Street and. Towne Road. The newer three alternate Scenarios each generate less traffic than the
original study. Scenario I had the highest volume, followed by Scenario II, Scenario IV, and Scenario III in
decreasing order.
The attached tables list the Trip Generation Summary for each Scenario.
Please contact us if you have any questions or require additional infonnation.
Very truly yours,
EDWARDS AND KELCEY
07r---o-
Jennifer Pyrz, P.E.
T ransport~tionEngi~eer
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J :\040048034 West Clay II\Correspondence\l 0-18~04 Lash LetteLdoc
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Edflll8Tc5
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Mr. Lash
October 5, 2004
Page 2
Scenario I: Trip Generation Summary
Village of West Clay ORIGINAL (1999)
Project Site: '68'0.7 Acres
Land Use Size AM Peak Hour PM Peak Hour
In Out Total In Out Total
Residential
Single Family Detached 969 DU 150 428 579 544 293 837
Apartments & Lofts 268 DU 31 123 154 131 68 199
Townhomes 230 DU 10 46 56 46 23 69
Single Family Attached 32 DU 4 17 21 17 8 25
Senior Housing, Detached o DU
Senior Housing, Attached o DU
Commercial at 131st/Towne Road
Shopping Center o SF
Commercial in Village
Offices 193,625 SF 354 44 398 48 270 318
Retail 116,175SF 112 65 177 361 361 722
Amenities
Day. Care Genter 250 siudents 52 47 99 84 95 179
Meeting House 17,472 SF 22 2 24 4 31 35
Educational C~nter 13,280 SF 28 1 29 11 3 14
Sub-total Trip Generation 763 773 1,536 1,246 1,152 2,398
- Internal Capture (115) (57) (172) (135) (178) (313)
TOTAL External Trips 648 716 1,364 1,111 974 2,085 Combined
Peak Hour
- Pass-By Trips (131 stITowne) 0 0 0 0 0 0 Total
TOTAL External, Non Pass-By Trips 648 716 1,364 1,111 974 2,085 3,449
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EdwarcI!JI
~KeJcey
Mr. Lash
October 5, 2004
Page 3
Scenario II: Trip Generation Summary
Village of West Clay Update II (2004) at 2.0 units/ac1re with Daycare
Project Site: 716.8 Acres
land Use Size AM Peak Hour PM Peak Hour
In Out Total In Out Total
Residential
Single Family Homes 1017 DU 180 541 721 544 320 864
Apartments & Lo~s 237 DU 24 96 120 96 52 148
Townhomes 174 DU 14 66 80 64 31 95
Single Family Attached 56 DU 5 27 32 25 12 37
Senior Housing, Detached 48 DU 6 9 15 18 11 29
Senior Housing, Attached 168 DU 6 7 13 11 7 18
Commercial at 131stlTowne Road
Shopping Center 100,000 SF 96 61 157 300 326 626
Commercial inVill"age
Offices 96,140 SF 187 23 210 31 192 223
Specialty Retail 78,660 SF 0 0 0 92 118 210
Amenities
.. Day GarB 250 students tOO 88 188 79 89 168
Meeting House 1.7,472 SF negligible negligible
Educational Center o SF
Sub-total Trip Generation 618 918 1,536 1,260 1,158 2,418
- Internal Capture (15%) (63) (115) (178) (132) (111 ) (243)
TOTAL External Trips 555 803 1,358 1,128 1,047 2,175 Combined
Peak Hour
- Pass-By Trips (131 stITowne) 0 0 0 (122) (122) (244) T ota I
TOTAL External, Non Pass-By Trips 555 803 1,358 1,006 925 1,931 3,290
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EdWiiflrcl!!ii
~KeJcey
Transportation
Communications
Building Technologies
Site and Facility Design
Mr. Lash
October 19,2004
Page 4
Scenario III: Trip Generation Summary
Village of West Clay Update II (2004) at 2.0 units/acre without Day Care
Project Site: 716.8 Acres
land Use Size AM Peak Hour PM Peak Hour
In Out Total In Out Total
Residential
Single Family Homes 1017 DU 180 541 721 544 320 864
Apartments & Lofts 237 DU 24 96 120 96 52 148
Townhomes 174 DU 14 66 80 64 31 95
Single Family Attached 56 DU 5 27 32 25 12 37
Senior Housing, Detached 48DU 6 9 15 18 11 29
Senior Housing, Attached 168 DU 6 7 13 11 7 18
Commercial at 131 stlTowne Road
Shopping Center 100,000 SF 96 61 157 300 326 626
Commercial in Village
Offices 96,140 SF 187 23 210 31 192 223
Specialty Retail 78,660 SF 0 0 0 92 118 210
Amenities
Day Care 0" students
Meeting House 17,472 SF negligible negligible
Educational Center o SF
Sub-total Trip Generation 518 830 1,348 1,181 1,069 2,250
- Internal Capture (150/0) (63) (115) (178) (132) (111 ) (243 )
TOTAL External Trips 455 715 1,170 1,049 958 2,007 Combined
Peak Hour
- Pass-By Trips (131st/Towne) 0 0 0 (122 ) ( 122) (244 ) Total
TOTAL External, Non Pass-By Trips 455 715 1,170 927 836 1,763 2,934
222 E. Ohio Street
Suite 400
Indianapolis, Indiana 46204-2156
Voice "317.636.1552
Fax 317.636.1345
www.ekcorp.com
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Edward!!;
~Kelcey
Mr. Lash
October 19,2004
Page 5
Scenario IV: Trip Generation Summary
.;\l411C},g~~f:\iV,e.st Clay,UpdateU{2'O:p4}at2.2 units/acre 'without .Day Care
Project Site: 716.8 Acres
land Use Size AM Peak Hour PM Peak Hour
In Out Total In Out Total
Residential
Single Family Homes 1039 DU 184 553 737 555 326 881 I
Apartments & Lofts 237 DU 24 96 120 96 52 148
Townhomes 295 DU 21 102 123 98 48 146
Single Family Attached 56 DU 5 27 32 25 12 37
Senior Housing, Detached 48 DU 6 9 15 18 11 29
Senior Housing, Attached 168 DU 6 7 13 11 7 18
Commercial at 131 sUTowne Road
Shopping Center 100,000 SF 96 61 157 300 326 626
Commercial in Village
Offices 96,140 SF 187 23 210 31 192 223
Specialty Retail 78,660 SF 0 0 0 92 118 210
Amenities
r.---~-_. - --. ---'--. -, ..,
Day Care o students
Meeting House 17,472 SF negligible negligible
Educational Center o SF
Sub-total Trip Generation 529 878 1,407 1,226 1,092 2,318
- Internal Capture (150/0) (65) (123) (188) (139) (115) (254 )
TOTAL External Trips 464 755 1,219 1,087 977 2,064 Combined
Peak Hour
- Pass-By Trips (131stfTowne) 0 0 0 (122 ) ( 122) (244 ) Total
TOTAL External, Non Pass-By Trips 464 755 1,219 965 855 1,820 3,039
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TAB 1: AMENDED ORDINANCE (RED LINED)
COMPARING OCTOBER 2004 vs AUGUST 2002
TAB 2: AMENDED ORDINANCE (RED LINED)
COMPARING OCTOBER 2004 vsAUGUST 2004
TAB 3: SITE PLANS
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~1ftI~1ftI~M
ORDINANCE Z-330
(Amended
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WESTCLA Y VILLAGE
PLANNED UNIT DEVELOPMENT
DISTRICT
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TABLE OF CONTENTS
Section
Legislative Intent .........................................................................
Applicability of Ordinance................................ ..........................
Definitions.................................................................................. .
Modification of Development Requirements ..............................
Permitted Principal Uses..... ............. ....... ....................................
Permitted Accessory Uses................... .............................. ..........
Residential Development........... ..................................................
Commercial Development...........................................................
Blocks................................................................................. .........
Streets.......................... ..................................................... ...........
Open Space.......................... ........................................................
Civic Space....................... ...........................................................
Recreational Space......................................................................
Sidewalks and Paths ....................................................................
Area and Bulk Regulations.............. .................. .................... ......
Parking........................................................................................ .
Loading and Service Areas... ............. ...... ...... ............... ........ .........
Signs ............................................................................................
Landscaping......... ..... ......... ........ ................................ ..... ..... ........
Detention and Retention Basins............ ............................... .........
Lighting... ....................................... ....... ......................................
Fences and Walls.. .......................................................................
Platting and Installation of Improvements ...................................
Certification and Recordation of the Development Plan .............
Improvement Location Permits...................... .......... ...................
Filing Fees................................................................................ ....
Commission Consents or Approvals ...........................................
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Soonsor: Councilor
ORDINANCE NO. Z-330
AN ORDINANCE ESTABLISHING THE WESTCLAY VILLAGE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended
(the "Zoning Ordinance"), provides for the establishment of a PUD District in accordance with
the requirements ofIC 36-7-4-1500 et. seq.; and
WHEREAS, Ordinance No. Z-330 establishes the WestClay Village Planned Unit
Development District (the "District"); and
WHEREAS, the Carmel/Clay Plan Commission has recommended that Ordinance No. Z-
330 be amended and restated;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that, pursuant to IC 36-7-4-1500 et. seq., Ordinance No. Z-330 is amended and
restated as set forth below and as thus amended and restated constitutes an amendment to the
Zoning Ordinance.
Section I. Legislative Intent.
Having given reasonable regard to the Comprehensive Plan and the other matters specified in
Section 31.6.4(4) of the Zoning Ordinance, and specifically to section 1.1.6, the intent of the
Council in adopting this Ordinance is to insure that the increased flexibility and design
specificity regulations over land development authorized herein is carried out under
administrative standards and procedures.
Section 2. Applicability of Ordinance.
2.1. The Official Zoning Map, a part of the Zoning Ordinance, is hereby changed to designate
the land described in Exhibit A as a planned unit development district.
2.2. Development in the District shall be governed entirely by the provIsIons of this
Ordinance with the exception that provisions of the Subdivision Control Ordinance, the Zoning
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Ordinance and the Sign Ordinance specifically referenced within this Ordinance and as in effect
on the date hereof shall also apply.
2.3. This Ordinance, having met the requirements of IC 36-7-4-702(b), constitutes the
subdivision control ordinance of the District.
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Section 3. Definitions.
Unless otherwise stated, the following words shall, for the purpose of this Ordinance, have the
meaning herein indicated. Any word used in this Ordinance which is not defined herein and
which is defined in Section 3.0 of the Zoning Ordinance, Section 4.0 of the Subdivision Control
Ordinance or Section 01-2 of the Sign Ordinance shall, for the purpose of this Ordinance, have
the meaning defined therein, unless the context otherwise requires.
Accessory Building. A building subordinate to another structure or use located on the same lot.
An accessory building may also include public utilities; communication, electric distribution and
secondary power lines; gas, water and sewer lines; their supports and poles, guy wires, small
transformers, wire or cable and other incidental equipment and public telephone booths.
Accessory Dwelling. (See Dwelling).
Accessory Use. A use subordinate to the main use, located on the same lot or in the same
building as the main use, and incidental to the main use, or otherwise utilized for a use described
in the definition of "accessory building".
Alley. A private way or easement located through the interior of blocks and providing vehicular
and service access to the side or rear of properties.
Apartment. A dwelling intended primarily for rental.
Apartment House. (See Dwelling).
Arcade. A walkway or driveway adjacent to a building (or between buildings) which is covered
by a roof (which may be the second story of the building) but which is not fully enclosed, not
including a carport or other area intended for the sheltered parking of vehicles.
Architectural Review Board. The board established by a Declaration for the purpose of
reviewing the design of all structures proposed to be constructed in that part of the District
regulated by such Declaration.
Assisted Livin2: Unit. (See Dwellin2:)
Bed and Breakfast. The renting of dwelling rooms or suites on a daily basis to tourists,
vacationers and business travelers where the only meal served is breakfast and it is available only
to guests.
Blank Wall. An exterior building wall with no openings and generally constructed of a single
material, uniform texture, and on a single plane.
Buffer. An area within a property or site, generally adjacent to and parallel with the property
line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms,
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and/or fences, and designed to limit VIews and sounds from the Development to adjacent
properties and vice versa.
Build-to Line. An alignment which dictates the maximum front yard setback from a street or
public right-of-way, to be followed by buildings or structures fronting thereon. The build-to line
does not apply to building projections or recesses. Where a build-to line is specified, the area
between the frontage line and the area forward of the build-to line specified in Section 9.1.B is
the required minimum front yard setback, subject to the variation permitted by Section 9.1.B.
Build-up Line. An alignment which dictates an average height to the cornice line or to the roof
edge line on a street or space.
Building Height. The vertical distance from the highest finished grade relative to the street
frontage to the cornice line or to the roof edge line. The vertical distance from the cornice line or
roof edge to the parapet or roof ridge (including gables), and the height of towers, steeples,
cupolas and other architectural roof embellishments are not included in calculating building
height.
Building Scale. The relationship between the mass of a building and its surroundings, including
the width of street, open space, and mass of surrounding buildings.
Caliper. The diameter of a tree trunk measured in inches, 6 inches above ground level for trees
up to 4 inches in diameter and measured 12 inches above ground level for trees over 4 inches in
diameter.
Cartway. The paved driving surface of a street or alley and any curbing.
Civic Building. A building or facility the use of which is principally devoted to civic uses.
Civic Space. The area occupied by a civic building, including the surrounding lawn, plaza or
courtyard, on-site parking and appurtenant structures.
Civic Uses. Uses intended to serve as a public gathering place. Such uses include governmental
offices, meeting halls, libraries, museums or galleries operated primarily for the display, rather
than the sale, of works of art, indoor or outdoor theaters, auditoriums or other buildings or
structures designed, intended or used primarily for musical, dance, dramatic or other live
performances, community buildings and facilities, churches or other places of worship or
meditation, colleges, schools and other public or private educational establishments, post offices,
day care centers, and other institutional and community-oriented uses.
Close. An open space surrounded on all sides by cartways intended to afford vehicular access to,
and serve as a front space for, lots interior to a block.
. Column. A vertical pillar or shaft, usually structural.
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Commercial Block. Each of Commercial Blocks "A" throu!!h "C" in the Peripheral Retail Area
as depicted on the Development Plan.
Commercial Structure. A building containing one or more spaces utilized for a purpose
permitted by SectionSections 5.1(0) or 5.3(A).
Common Parking Lot. A parking lot or parking structure maintained by th-ean Owners
Association and intended for use by the occupants of or visitors to a civic building, commercial
structure or an apartment house.
Community Area. Open space, civic space and recreational space located in the District.
Congregate Housin!!.
disablech(See Nursin!!. Retirement or Convalescent Facilitv)
Conservation Easement. An easement which complies with the requirements of the Indiana
Uniform Conservation Easement Act.
Context. The character of the buildings, streetscape, and neighborhood which surround a given
building or site.
Cornice. The top part of an entablature, usually molded and projecting.
Cupola. A small roof tower, usually rising from the roof ridge.
Curb Radius. For a mountable curb, the curved edge of the street at intersections, measured at
the front ofthe curb. For a chairback-type curb, measured at the back of the curb.
Dav Care Center. Day care provided on less than a 24 hour basis for either children or adults,
according to the following limiting definitions:
Child Day Care Center. An individual, agency or organization providing supervision or
care on a regular basis for children who are not related by blood or marriage to, and who
are not the legal wards or foster children of, the supervising adult.
Adult Dav Care Center. An individual, agency or organization providing supervision or
care on a regular basis for adults in a place other than their usual place of abode.
Declaration. A Declaration of Covenants and Restrictions for one or more phases of the
Development recorded in the Office of the Recorder of Hamilton County, Indiana, as the same
may be amended from time to time.
Department. The Department of Community Services of the City of Carmel, Indiana.
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Dependent Living Facility. Nursing homes, rest homes and homes for the aged facilities which
are designed for persons who need a wide range of health and support services, such as medical,
nursing and personal services care, central dining facilities and transportation services.
Design V ocabularv. Building guidelines and requirements including but not necessarily limited
to a code of architectural style and massing recommendations, building detail guidelines, listing
of acceptable materials and colors, and landscape and streetscape details adopted by a Developer
and applied by an Architectural Review Board in considering plans for structures to be
constructed in the Primary Areas or the Peripheral Retail Area. With respect to any commercial
structure, apartment house or attached dwelling to be constructed in the Primarv or Peripheral
Retail Areas, the Design Vocabulary shall be the provisions of the "Village of WestClay
Building Guidelines and Requirements for Commercial Construction" dated
applicable to commercial structures, apartment houses
and attached dwellings, as the case may be, as the same may be modified from time to time with
the approval of the Commission.
Developer. A person engaged in development of one or more phases of the Development.
Development. The land constituting the District as it may be developed in accordance with the
Development Requirements.
Development Guidelines. The non-binding developmental preferences set forth III this
Ordinance.
Development Plan. This Ordinance and the plan for the Development, including the primary
plat, all drawings and~ plans approved by the Commission, as the same may be modified from
time to time pursuant to Section 4.
Development Requirements. The Development Standards and the Development Plan.
Development Standards. The normative specific requirements for development in the District set
forth in this Ordinance.
District. The land described in Exhibit A attached hereto and incorporated herein.
Dwelling. A room or combination of rooms designed for year-round habitation, containing a
bathroom and kitchen facilities, and designed for or used as a permanent residence by at least
one person.
Detached dwelling. A dwelling that is developed with no party-walls and with open
yards on at least three sides, but not including manufactured homes, mobile homes,
modular homes or recreational or motor vehicles.
Duplex. Two dwellings placed one on top of another or attached side by side and sharing
one or more common walls that are not part of a townhouse project that-alse includes
three or more attached dwellings in a single row.
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Attached dwelling. Rowhouse, townhouse, duplex, triplex, or quadriplex dwellings,
developed side by side for sale as condominiums, or as fee simple dwellings where land
is sold with the dwelling. Attached dwellings whether sold as condominiums or as
individually deeded lots are excluded from the definition of apartments.
Apartment house. More than four apartments placed one on top of another and/or side by
side and sharing common walls and common floors and ceilings, and which are located
on a Village Center Block or a single lot of record.
Accessory dwelling. A dwelling which is attached to or located on the same lot as a
detached or attached single family dwelling, has an independent means of access and is
owned by the owner of the principal dwelling but occupied by another. Accessory
dwellings include apartments integrated within or attached to single family dwellings, or
those located in attached or detached accessory buildings, such as garages, carriage
houses, or agricultural type outbuildings, located on the same lot as single family
dwellings.
Assisted livim! unit. A dwellinl! located in or constructed in association with. maintained
as Dart of and entitled to the benefits of a conl!rel!ate housinl! facility.
Vertical dwellinl!. More than two dwellinl!s olaced on too of each other. Vertical
dwellinQs which are develooed as condominiums are excluded from the definition of
aoartments.
Villal!e Center loft. A dwellinl! located in a mixed-use structure.
Elderly Day Care Center. A building or space in a building and grounds used for the day care of
senior citizens exclusive of daily health-related care or services.
Elevation. An exterior facade of a structure, or its head-on view, or representation drawn with
no vanishing point, and used primarily for construction.
Eligible Title Holder. Developer, a non-profit corporation having perpetual existence---ef~
relil!ious bodv omanized to sustain reliQious ceremonies and OUfDoses. a governmental body or
the ooerator of conlITegate housing.
Environmental Constraints. Features, natural resources, or land characteristics that are sensitive
to improvements and may require conservation measures or the application of creative
development techniques to prevent degradation of the environment, or may require limited
development, or in certain instances may preclude development.
Facade. A building face or wall.
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Facade Signage Area. The area or areas on a commercial building facade where signs may be
placed without disrupting facade composition. The signable area will often include panels at the
top of show windows, transoms over storefront doors and windows, sign boards on fascias, and
areas between the top of the store:tront and the sills of second story windows.
Fenestration. Window and other openings on a building facade.
Fascia. A projecting flat horizontal member or molding, also part of a classical entablature.
Focal Point. (See Visual Termination).
Frontage Line. The property line adjacent to the street. In the case of a comer lot, that part of
the lot having the narrowest :trontage on any street shall be considered the frontage line unless
otherwise indicated on an approved final plat.
Frontage Place. A permanent public or private way situated parallel to a street in order to
provide access to one or more lots.
Gable. That part of the end wall ofa building between the eaves and a pitched or gambrel roof.
Gateway. A principal point of entrance into the Village Center.
Governmental Entity. The City of Carmel or County of Hamilton, as applicable
Gross Residential Density. The number of dwellings (exclusive of accessory dwellings and
Villa!!e Center lofts) in relation to the total land area in the District or such lesser area as may be
designated.
Home-based Office. An office incorporated in or attached to, or located on the same lot as, a
single-family detached dwelling :trom which a business activity is conducted on a substantially
regular basis; does not include an office used irregularly as a secondary facility away from a
principal place of business and is not a home occupation for purposes ofthis Ordinance.
Home-based Office Area. The Primary Area (MU).
Human Scale. The relationship between the dimensions of a building, structure, street, open
space, or streetscape element and the average dimensions of the human body.
Independent Living Facility. Congregate living facilities which are designed for the elderly or
disabled who do not require health and support services, such as medical and nursing care,
central dining and transportation service, located on site. Each living unit may be self-contained
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and is physically accessible to elderly or disabled persons. Distinguished from apartment
building(s) by the provision of some communal services.
Inn. A building or buildings containing individual rooms or suites for the purpose of providing
temporary lodging facilities to the general public for compensation, with meals, and which has
facilities for reservations and cleaning services, combined utilities and on-site management and
reception services.
Landscape Plan. The general design for landscaping in the District included as part of the
Development Plan.
Landscaping. Trees, shrubs, hedges, flowers, ground covers, grasses, other plant materials and
associated structures and improvements.
Large Lot. A lot having a width at the build-to line of 70 feet or greater measured alon!:! such
line.
Large Maturin!:! Tree. A tree whose height is normally greater than 30 feet at maturity.
Maintenance Easement. A perpetual easement not less than three feet in width affording the
benefited person the right to enter on the land encumbered by the easement for the purpose of
undertaking maintenance, repair or rebuilding of a structure located on the lot owned by the
benefited person.
Masonry. Wall building material, such as brick or stone, which is laid up in small units.
Massing. The three-dimensional bulk of a structure: height, width, and depth.
Meeting House. The community building~ located in the Village Center asand depicted on
the Development Plan.
Mixed Use. The combination of both commercial and residential uses, either rental or owner-
occupied~ within a single building of two or more stories.
Modification. A change to the Development Requirements approved pursuant to Section 4.
Modified Grid Street Pattern. An interconnected system of streets which is primarily a
rectilinear grid in pattern, modified in street layout and block shape as to avoid a monotonous
repetition of the basic streetlblock grid pattern.
Nursing Home, Rest-Heme or Home for the AgedRetirement or Convalescent Facilitv. A facility
or housing development in which an agency, organization or individual provides care for three or
more sick, disabled or aged persons not related by blood or marriage to the operator. Such
congregate care facilities are classified as "dependent living facilities" or "independent living
facilities" depending on the degree of support services on site.
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Open Space. A parcel, or parcels, of land, an area of water, or a combination of land and water,
including flood plain and wetland areas within the Development designed and intended for the
use and enjoyment of some or all of the residents of the Development and, where designated, the
community at large. Except as otherwise provided herein, common open space does not include
any area which is divided into building lots, Village Center Blocks, streets (except the
landscaped medians of boulevards), rights of way (except tree lawns) or parking lots. The area
of parking facilities serving the activities in the open space and paths or sidewalks located
therein may be included in the required area computations.
Owners Association. An Indiana non-profit corporation whose members are owners of lots in
the District.
Parking Lot. An area, not within a building, where more than six motor vehicles may be parked
for the purposes of temporary, daily or overnight off-street parking.
Parking Lot, Large. A parking area containing 36 or more parking spaces.
Parking Lot, Small. A parking area containing 35 or fewer parking spaces.
Parking Space. An area pennanently reserved for the temporary parking of one motor vehicle
and connected to a street or alley.
Parking Structure. A structure
accommodate the parking of more than five (5) motor vehicles.
to
Passages. Ways upon which Commercial Structures front which afford access from a Common
Parking Lot to a Village Street or Boulevard (as defined in Sections 10-8 and 10-9 of this
Ordinance).
Path. A paved or otherwise cleared way intended as a jogging trail or a bikeway located in open
space, an easement or a right-of-way.
Peripheral Retail Area. That part of the District lvim! south and west of the intersection of 131 st
Street and Towne Road as more particularlv delineated on the Development Plan.
Peripheral Retail Desi!!n Guidelines. The Desi!!n V ocabularv applicable to commercial
structures located in the Peripheral Retail Area.
Pennitted Dwellings. The aggregate number of dwellings (exclusive of accessory dwellings and
Villa!!e Center lofts) which may be constructed in the District without exceeding the gross
residential density limitations for the District set forth in Section 7 of this Ordinance, whether or
not actually constructed.
Pilaster. A column partially embedded in a wall.
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Phase. Any land area, whether platted or unplatted, building or buildings designated by the
Developer in an application for approval of a plat or issuance of an improvement location permit.
Portico. An open sided structure attached to a building sheltering an entrance or serving as a
semi-enclosed space.
Premises Identification. The common street address of a building displayed in numerals.
Primary Area. That part of the District more particularly delineated on the Development Plan as
the "Primary Area." The Primary Area consists of-twe three sub areas: Primary Area (MU)-aOO~
Primary Area (RU): and Primarv Area (SH)
Primarv Area (SHt That Dart of the Primarv Area delineated on the DeveloDment Plan and
containin!! orimarilv senior housin!!.
Primary Area (MU). That part of the Primary Area delineated on the Development Plan as
"Primary Area (MU)" and containing mixed uses.
Primary Area (RU). That part of the Primary Area delineated on the Development Plan as
"Primary Area (RU)" and containing primarily residential uses.
Principal Streets. Towne Road, 131 st Street, Broad Street, Meeting House Road, Horseferry
Road and Grafton Glebe Street.
Proportion. The relationship or ratio between two dimensions, e.g. width of street to height of
building wall, or width to height of window.
Public Viewshed. That which is reasonably visible, under average conditions, to the average
observer from a street, civic space or open space.
Recreational Building. A building containing meeting or other facilities located in a recreational
space and intended for use in connection with the enjoyment of recreational space.
Recreational Space. An area of land or combination of land and water resources for public or
private use that is developed for active and/or passive recreational pursuits with various
manmade features that accommodate such activities. Such areas may constitute open space or
CIVIC space.
Rowhouse. (See Townhouse).
Secondary Area. That part of the District lying beyond the Primary Area as more particularly
delineated on the Development Plan.
Senior Housin!!. Dwellin!!s desi!med orinciDallv for OCCUDancv bv Dersons older than 55 vears~
illCludiDJ,;,_Q:uL!lQLJ iJJJitedtQ ass isted li vin!! units.
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Shared Parkin!! Area. A parkin!! lot located within 400 feet of the buildin!!s whose owners.
occupants or visitors have a le!!allv enforceable ri!!ht to the use thereof established bv a recorded
reciDfocal access a!!reement ioint operatin!! a!ITeement or Declaration.
Sidewalk. A paved walkway provided for pedestrian use. If located at the side of a road within
a right-of-way, it may be separated from the cartway by a tree lawn.
Sidewalk Display. The outdoor display of merchandise for sale by a commercial establishment.
The displayed merchandise must be similar to the merchandise sold within the establishment.
Si!!ht Triangle. The triangular area formed by the point of intersection of (a) street right-of-way
lines, or in the case of a rounded property comer, the street lines extended, or a right-of-way line
and an alley or driveway and (b) a point located along each right-of-way line (or an alley or
driveway) at a distance from the point of intersection equal to the greater of (i) the posted speed
limit for such street (e.g., 35 if the posted speed limit is 35 m.p.h.) or (ii) 25 feet.
Si!!ll Area. The area of a si!!ll is the area that encompasses allletterin!! but excludes structural
support or architectural desi!!n elements. The !!ross si!!n area of a si!!n with back-to-back
identicalletterin!! mounted on the same structure is the total si!!n area on one (1) side of the si!!ll.
For this pUIDose. "letterin!!" includes anv commerciallo!!o.
Sign. Comer. A projecting sign located on the comer of a commercial building, the signboard of
which is equally visible from each right-of-way which creates the comer.
Sign. Icon. A sign that illustrates, by its shape and graphics, the nature of the business conducted
within.
Sign Traffic. A sign directing traffic movement into or within the district, the wording, shape
and graphics of which shall, to the extent applicable, comply with the "Manual afof Uniform
Traffic Control Devices" or as approved by the Governmental Entity.
Sign Fascia. The vertical surface of a lintel over a storefront which IS suitable for SIgn
attachment.
Sign Ordinance. Carmel/Clay Sign Ordinance, Z-302, as amended.
Small Lot. A lot having a width at the build-to line of less than 70 feet.
Small Maturing Tree. A tree whose height is normally less than 30 feet at maturity.
Specimen Tree. Any tree with a caliper of 18 inches or more.
Story. A habitable level within a building no more than 16 feet in height from floor to ceiling. A
basement, although wholly or partially habitable, is not a story unless more than 50 percent of
the basement elevation is above grade at the build-to line.
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Street Furniture. Functional elements of the streetscape, including but not limited to benches,
trash receptacles, planters, telephone booths, kiosks, sign posts, street lights, bollards, and
removable enclosures.
Streetscape. The built and planted elements of a street which define its character.
Subdivision Control Ordinance. Carmel/Clay Subdivision Control Ordinance, No. Z-160, as
amended.
Texture. The exterior finish of a surface, ranging from smooth to course.
Threshold Elements. Porches, stoops, stairs, balconies, eves, cornices, loggias, arcades,
chimneys, awnings, doors and windows which are placed at or near the build-to line, a side yard
line or a rear yard line and interface between the main body of the building and the street and/or
a property line.
Townhouse. Two or more dwellings, arranged side by side, separated by common walls, each
having more than one story.
Tree Lawn. A planting area located within or adjacent to the public right-of-way, typically
located between the curb and the sidewalk, and planted with ground cover and trees.
.
Trustees' Hall. The building intended for use by the Owners Association depicted on the
Development Plan.
Viewshed. (See Public Viewshed).
Village Center. The focal point of the Development within the Primary Area containing the
major civic and commercial space, consisting of Blocks A throu!!h G and Lots 406 throu!!h 411
as more particularly delineated on the Development Plan.
Village Center Block. Each of Blocks A, B, C,~E, F; and G and HLots 406 through 411 (as a
!!foup). as depicted on the Development Plan.
Village Center Loft. (See Dwelling).
Visual Termination. A point, surface, building, or structure terminating a vista or view, often at
the end of a straight street or coinciding with a bend.
Visually Impervious. A buffering or screening device which blocks the view to or from adjacent
sites by a discernible factor of at least 80 percent.
Zoning Ordinance. Carmel/Clav Zoning Ordinance Z-289. as amended from time to time.
. Section 4. Modification of Development Requirements.
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. 4.1. The Commission may, upon petItIOn of the Developer, modify any Development
Requirements specified in this Ordinance other than those relating to the uses authorized in
Sections 5 and 6.
4.2. Modification of the Development Requirements requested by the Developer may be
approved by a hearing examiner or committee designated by the Commission, after a public
hearing held in accordance with the Commission's Rules of Procedure. However, any decision
of a hearing examiner or committee which approves or denies any requested modification may
be appealed by the Director or any interested party (including the Developer) to the Commission,
also in accordance with the Commission's Rules of Procedure.
4.3. Any proposed modification of the Development Requirements shall comply with the
following guidelines:
A. The modification shall be III hannony with the purpose and intent of this
Ordinance.
B. The modification shall not have an adverse impact on the physical, visual, or
spatial characteristics of the Development.
C.
The modification shall not have an adverse impact on the streetscape and
neighborhood.
.
D.
The modification shall not result in configurations of lots or street systems which
shall be unreasonable or detract materially from the appearance of the
Development.
E. The modification shall not result in any danger to the public health, safety, or
welfare by making access to the dwellings by emergency vehicles more difficult,
by depriving adjoining properties of adequate light and air, or by violating the
other purposes for which this Ordinance was enacted as set forth in Section 1.
F. The minimum lot size of any lot to be created shall not be reduced below the
requirements of this Ordinance.
4.4. This Ordinance contains Development Standards, which are nonnative and set forth
specific requirements, and Development Guidelines, which suggest preferred solutions and are
only indicative. When applying the Development Standards and the Development Guidelines,
the Commission shall carefully weigh the specific circumstances surrounding the modification
petition and strive for development solutions that promote the spirit, intent and purposes of this
Ordinance.
4.5. If the Commission (acting through its hearing examiner or committee) detennines that the
proposed modification will not have an adverse impact on development in the District, it shall
. grant a modification of the Development Requirements. In granting modifications, the
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Commission may impose such conditions as will, III its reasonable judgment, secure the
objectives and purposes of this Ordinance.
Section 5. Permitted Principal Uses.
5.1. Primary Area (MU). The following uses are permitted in the Primary Area (MU) or parts
thereof, subject to the applicable Development Standards.
A. The following residential uses:
(1) detached dwellings
(2) attached dwellings
(3) apartments
(4) accessory dwellings
(5) congregate h~Villa!!e Center lofts
( 6) Vertical dwellin!!s
B. Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
C. Civic uses excevt dav care unless avvroved bv the Commission.
D.
The following commercial uses:
(1) financial institutions, including drive-through banking facilities (provided
such are located at the rear of a lot) and exterior A TMs.
(2) offices, including general offices, professional offices and real estate
offices.
(3) retail sales of goods and services permitted in the B-5 and B-7 Districts
except those described in Section 23B.5 of the Zoning Ordinance (as in
effect on Januarv 1. 1999) unless otherwise permitted by this Ordinance or
by the Commission.
(4) restaurants, except drive-through facilities.
(5) clinics or medical health centers.
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E. Agricultural uses, except agri-business structures.
F. Public, semi-public and private recreational uses except shooting gallery, but
including bowling alley and/or billiard parlor if approved by the Commission.
G. Bed and breakfast establishment, having not more than 10 bedrooms or suites
each of which is not less than 200 square feet.
H. Inns, having not more than 100 bedrooms or suites each of which is not less than
200 square feet, provided that, unless authorized by the Commission, no such inns
shall be permitted in that part ofthe District lying west of Towne Road.
No more than one (1) bed and breakfast establishment and one (1) inn may be located in the
Primary Area (MU) without the approval of the Commission.
5.1.1 Primary Area (RU). The following uses are permitted in the Primary Area (RU) or parts
thereof, subject to the applicable Development Standards.
A.
The following residential uses:
(1) single-family detached dwellings
(2) attached and vertical dwellings (not exceeding four family use)
(3) accessory dwellings
B. Recreational Developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, fields. ball courts,
playgrounds and other recreational spaces, and recreational buildings.
C. AQ:ricultural uses. exceot aQ:ri-business structures.
5.1.2. Primarv Area (SH). The followinQ: uses are oermitted in the Primarv Area (SH) or Darts
thereof. subiect to the aoolicable Develooment Standards:
A. The followinQ: residential uses:
ill sinQ:le- familv detached dwellinQ:s
ill attached dwellings
ill accessorv dwellinQ:s
ill conQ:reQ:ate housinQ:
Ql vertical dwellinf?;s
B. Recreational develooments or facilities owned or ooerated bv an EliQ:ib1e Title
Holder. includinQ: clubhouses. oarks. oools. ball fields. ball courts. olav!ITounds and
other recreational soaces and recreational buildinQ:s.
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C. Civic uses
D. Commercial uses ancillary to con!!re!!ate housin!! and intended Dfimarily for the use
of visitors to and residents of conlITe!!ate housin!!.
E. ~Agricultural uses, except agri-business structures.
5.2. Secondary Area. The following uses are permitted in the Secondary Area:
A. Large lot single-family detached dwellings.
B. Accessory dwellings.
C. Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
D:. Agricultural uses, except agri-business structures.
E. Churches or other places of worship, but only if located in that part of the
Secondary Area described in Exhibit B.
. 5.3. PeriDheral Retail Area. The followin!! uses are Dermitted in the PeriDheral Retail Area:
A. The followin!! commercial uses:
.
ill financial institutions. includin!! drive-thru teller service and exterior A TMs
ill restaurants or fast food oDerations. includin!! drive-thru window service
ill IITocery store (includin!! customary ancillary uses such as flower shoD and
bakery). includin!! drive-thru window service
ill dru!! store. includin!! drive-thru window service
ill the sale of !!asoline and other Detroleum Droducts exclusive ofljR1J~D~g
R~t~9!eum Eas and. as an accessory use only. the l)oJishh}g,,=gI<;CJsin.~ w<:1shing
or other cleaning:. servicin!! or reDairing: of motor vehicles Dfovided such
services are rendered"viJhigo<1 fullv. eue]Qsedse[Y_l<::t.: baYDfshieIded frQm
Yci~=\YJrOl}E1djaecntnIQJ;~t.:rtie~, Automobile body reDairs are not Dermitted.
~ convenience store (with or without !!as sales)
ill convenience market
LID car wash
L21 Dacka!!e liauor store
ilill !!arden shoD
Llll video sales or rental
all hardware store
all sale of coffee. ice creams. baked !!oods and/or DfeDared foods for
consumDtion on or off the Dremises. including: drive-thru window service
Paae 19 of 71
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.
e
~ anv commercial use oermitted In the Villag:e Center if the Commission
aooroves such other use.
B. Civic Uses
C. All residential uses oermitted in the Primarv Area (MU).
D. Ag:ricultural uses. exceot ag:ri-business structures.
Section 6. Permitted Accessorv Uses.
The following accessory uses are permitted in the District, subject to the applicable Development
Standards and obtaining all required permits:
6.1. uses, buildings or structures
(including home occupations), subject to the following conditions:
A. No accessory building shall be constructed upon a lot until the construction of the
main building has been actually commenced; and no accessory building shall be
used unless the main building on the lot is also being occupied for the intended
purposes. 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.
No residential accessory building may be erected in front of a main building, or in
the required front yard on the side of a comer lot, unless the accessory building is
attached to the main building by a common wall.
C. A private residential garage or accessory building shall not exceed the living area
of the primary structure. The combined square footage of the residence, garage
and accessory building shall not exceed the maximum lot coverage allowed.
D. A private swimming pool shall comply with the requirements of Section 5.0(d)(2)
of the Zoning Ordinance.
E. A private tennis court shall comply with the requirements of Section 5.0(d)(3) of
the Zoning Ordinance.
F. Accessory lighting on a residential lot shall not cause illumination at or beyond
any lot line in excess of 0.1 footcandlesfoot candles of light.
G. No private radio or television reception or transmitting tower or antenna shall be
located within 10 feet of a power transmission line. Satellite receiving antennas
shall comply with the requirements of Section 25.0(1) of the Zoning Ordinance.
Paae 20 of 71
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.
.
H.
No home occupation shall be permitted without the prior consent of the
Department and a permitted home occupation shall comply with all applicable
requirements ofthe Zoning Ordinance.
6.2. In the Horne-based Office Area only, horne-based offices, subject to the following
conditions:
A. The horne-based office is (i) located in or attached to a single family detached
dwelling or (ii) located in a detached accessory building or garage typically
associated with such a dwelling.
B. Medical, dental and real estate offices are not permitted as horne-based offices.
C. Retail sales of goods may not be made from a horne-based office.
D. In addition to the family occupying the dwelling to which the use of the home-
based office is accessory, there shall not be more than three outside employees in
the horne-based office.
E. The employees and clients shall park in on-street curbside parking spaces or in a
rear or side yard parking area and shall not park in the driveway forward of the
front facade of the dwelling.
F.
Signage is limited to one wall-mounted sign with a sign area not exceeding three
square feet.
G. The horne-based office shall not exceed 1,000 square feet or 30 percent of the
total square footage of the dwelling if attached to or incorporated in the dwelling;
if located in an accessory building, the horne-based office shall not exceed 1,000
square feet.
H. No outside storage or outside display is permitted.
L J..,.--All exterior aspects of the horne-based office operation shall be consistent
with the residential character of the neighborhood.
6.3 In the Perivheral Retail Area. all accessorv buildinQ$ and uses that are vermitted bv the
Zoning: Ordinance with resvect to uses svecified in Section 5.3.
Section 7. Residential Development.
7.1. Without the approval of the Commission, the gross residential density in the District shall
not exceed 2-:02.5 dwelling:s ver acre. the g:ross residential densitv in the District exclusive of
senior housing: shall not exceed 2.2 dwellings per acre and the gross residential density in the
Secondary Area shall not exceed 1.3 dwellings per acre.
Paae 21 of 71
. 7.2. Upon completion of the Development, the number of single family detached dwellings in
the District shall be at least 50 percent of the number of Permitted Dwellings (exclusive of senior
housine: ).
7.3. Apartment houses may be located only in the Village Center. Without the approval of the
Commission, apartments (exclusive of accessory dwellings) shall not constitute more than 16.52
percent of the number of Permitted Dwellings.
7.4. A mix of dwelling types may be distributed throughout the Primary Area. Different
dwelling types may be mixed in any distribution within any single block.
7.5. Only large lot single-family detached dwellings and accessory dwellings shall be
permitted in the Secondary Area. Lots abutting the north property line of Claridge Farm or the
right-of-way of Hoover Road between the north and south property lines of Claridge Farm shall
be not less than 15,000 square feet in area.
7.6. Buildings in the Primary Area and the PeriDheral Retail Area shall be designed III
conformance with the Design Vocabulary.
.
7.7. Accessory dwellings shall be limited to 1,000 square feet in floor area. A detached
accessory dwelling may be housed in a building containing only the dwelling or in a building
which contains the dwelling with garage, workshop, studio, home based office or similar use.
There shall not be more than one accessory dwelling located on a lot in addition to the single
family dwelling. An attached accessory dwelling shall be subordinate to the principal structure
characterized at a minimum by a lower ridge line.
7.8. Each apartment or owner-occupied dwelling in a mixed use structure or an apartment
house shall be a minimum of 725 square feet in gross floor
7.9. Front yards of attached dwellings may be unified into one common yard treated as a
single front yard for the entire building.
7.10. A maintenance easement shall be provided on a lot adjacent to a zero-lot line detached
dwelling. Roof overhangs may penetrate the easement on the adjacent lot to a maximum of two
feet, but the roof shall be so designed that water runoff from the zero-lot line dwelling is limited
to the easement area.
7.11. A dwelling may be utilized as a staffed model, including temporary sales office, during
the course of build-out of the Development, subject to the parking and signage requirements of
Sections 16 and 18. A Certificate of Occupancy shall be required before the model is placed in
service.
.
Paae 22 of 71
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Section 8. Commercial Development.
8.1.-Ne Commercial and mixed- use or commercial structures (exclusive of those associated with
senior housine:) shall be located onlv in the Villae:e Center and the Perioheral Retail Area.
Commercial and mixed use structures associated with senior housine: are oermitted in the
Primary Area
8.2. Without the approval of the Commission, the aggregate square footage of commercial
space in mixed use or commercial structures in the DistrietVillae:e Center and Perioheral Retail
Area shall not exceed ;;wQ274.800 square feet~ of
f)w~which not more than 100.000 square feet shall be located in the Perioheral Retail Area.
8.3. rIntentionallv omittedl
.
8.4.
rIntentionallv omittedl
8.5. Commercial
may be mixed and integrated with dwellings and civic uses within the
Center. Perioheral Retail Area and Primarv
Area (SH).
8.6. Commercial uses in the Villae:e Center. Primary Area (MYSH) and Perioheral Retail
Area may be contained in sine:le-storv or multi-story, mixed use structures with
8.7. Restaurants in the Villae:e Center and Perioheral Retail Area shall be permitted to operate
outdoor cafes on sidewalks and in courtyards, provided that pedestrian circulation and access to
store entrances are not impaired. An open pedestrian way of less than three (3) feet shall
constitute impairment. Immediately adjacent to the handicap ramp connecting a street to a
sidewalk or a path, a pedestrian way of no less than five (5) feet in width shall be provided.
&&8.8 Retail establishments (~usive of a general sterejin the Villae:e Center shall be
. permitted to have sidewalk displays of retail merchandise.
Paae 23 of 71
. 8.9. A landscaDed buffer of not less than 20 feet in width shall be established and maintained
alon!! the north and east boundaries of the PeriDheral Retail Area as deDicted on the LandscaDe
Plan. Such buffer shall constitute communitv area and shall be maintained bv an owners
association. LandscaDin!! shall meet the standards established bv the Commission for buffer vard
"D" in Section 26.04.05 of the Zonin!! Ordinance.
8.10 The buffer and landscaDed Dlantin!! area reauired bv Section 8.9 mav be Denetrated bv
side walks. Daths and entrance drives from adiacent roads as deDicted on the DeveloDment Plan.
8.11. Buildin!!s in the PeriDheral Retail Area shall be desi!!ned in conformance with the
PeriDheral Retail Area Desi!!n Guidelines.
.
M8.12. Unless the DeDartment determines that such structure is depicted on the
Development Plan in substantiallv the form and stvle to be constructed, Commission approval of
the architectural the
fstructure in accordance with the Commission Drocedures for ADLSt Amendment review shall
be necessary prior to the (i) establishment of any commercial structure in the PeriDheral Retail
Area; (ii) issuance of any Improvement Location Permit for a commercial structure in the
PeriDheral Retail Area; (iii) erection, reconstruction or external architectural alteration of any
commercial structure in the~iet PeriDheral Retail Area; or (iv) the changing of any site
improvements pertaining to a commercial structure in the PeriDheral Retail Area. In considering
an application therefor, the Commission shall determine whether the proposed structure
substantially complies with the Development Requirements and the aDDlicable Design
Vocabulary. If the Commission determines that it does, it shall approve the application for
ADLS approval. If the Commission denies the application for ADLS approval, it shall
specifically detail in writing the basis for its belief that the proposed use or structure does not
comply with the Development Requirements and the aDDlicable Design Vocabulary. An
applicant who has been denied may immediately apply for ADLS approval of a new plan for the
structure. A decision regarding ADLS approval or denial may be made by a hearing examiner or
committee designated by the Commission, after a public hearing held in accordance with the
Commission's Rules of Procedure. However, any decision of a hearing examiner or committee
which approves or denies any requested modification may be appealed by the Director or any
interested party (including the Developer) to the Commission, also in accordance with the
Commission's Rules of Procedure.
Section 9. Blocks.
9.1. The following standards and guidelines apply to blocks within the Primary Area:
A.
Except as otherwise depicted on the Development Plan, streets shall be designed
to create blocks that are generally rectilinear in shape, a modified rectilinear
shape, or other distinct geometric shape, except where topographic or other
conditions necessitate a different configuration. Generally, blocks (other than
Village Center Blocks) should be designed to have a maximum length of 600 feet
e
Paae 24 of 71
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.
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unless bisected by an alley or pedestrian way. Alleys shall be permitted to bisect
blocks.
B.
The lots in each block shall be designated with a build-to line set forth on the
Secondary Plat or in another recorded instrument which shall establish the front
yard setback for the lots on the block. The build-to line shall not be closer to the
frontage line than the build-to line for the proposed uses established in Section 15.
A minimum of 70 percent of all buildings on the block shall sit back no further
than the build-to line, with the remaining 30 percent allowed to vary by being
further setback no greater than 75 percent of the distance from the frontage line to
the build-to line for residential or no further than the maximum setback for
commercial uses. Buildings shall be allowed to corne forward of the build-to line
by no greater than 25 percent of the distance between the frontage line and the
build-to line for residential structures and 50 percent of such distance for other
buildings.
C.
In order to eliminate the appearance of a standardized subdivision, lots are not
required to be uniform in size.
9.2. Except as otherwise depicted on the Development Plan, blocks in the Secondary Area
shall conform to the requirements of Section 6.4 of the Subdivision Control Ordinance.
9.3. ~-.Village Center Blocks
any use permitted under Sections 4).5.1. 5.1.1 and 6.
be utilized for
9.4 Commercial Blocks mav be utilized for anv use Dermitted under Section 5.3.
Section 10. Streets.
10.1. Subject to the last sentence of this Section 10.1, the street layout and type (including
rights-of-way, cartways and curbing) within the District shall be as indicated on the
Development Plan, adapted as appropriate to the topography, unique natural features and
environmental constraints of the site. The street layout shall take into consideration the location
of the community focus, other open space areas, gateways, and vistas. Streets shown on the
Development Plan may be eliminated or relocated as part of an approved final plat to consolidate
blocks for development as long as there is no materially adverse impact on the flow of traffic
within the District.
10.2. Intentionally omitted
10.3. The street layout in the District may incorporate one or more of the street types described
on Table 10.3.
10.4. Alleys are ways which conform to the following requirements:
Paae 25 of 71
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A.
Minimum width of alley: See Table 10.3
B. Minimum width of cartway: See Table 10.3
C. Curbing is not required except at comers of intersections with other street types.
At such comer locations, curbing shall be required for the comer radius to the
path or sidewalk paralleling the intersecting street. A concrete apron may serve as
point oftermination for the curb.
D. Utilities may be located within alleys.
E. An alley shall be a perpetual easement or private way and shall not be dedicated
to the public.
10.5. Closes incorporate streets which conform to the following requirements:
A.
B.
C.
. D.
F.
e
Minimum right-of-way width: See Table 10.3
Minimum width of cartway: See Table 10.3
Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
Open space between cartways shall not be less than 20 feet.
Closes shall not exceed 600 feet in depth from the nearest street providing
through access.
Paae 26 of 71
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Table 10.3
TABLE 10.3
INSTITUTE OF TRAFFIC ENG.
MINIMUM WIDTH (FT~
DESIGN ADT DESIGN SPEED
VillaQe of WestClav Street TVDes
Alley Alley AL-20 20 12 <350 5 10 50 5
Frontage Alley AL-20P 20 16 <350 5 25 50 15
Place
Closes Alley AL22-P 22 18 <350 5 25 50 15
Passages Alley AL-34P 34 18 <350 10 25 50 15
Drive Road RD-50P 50 24 <5,000 20 90 1I0 15
Street Street ST -50P 50 24 <10,000 20 90 110 15
Corridor
Village A venue AV-50P 50 24 <15,000 20 90 1I0 15
Street
. Blvd. Blvd. BV -60P 60 Per See <15,000 20 150 150 20
10.9
.
Paae 27 of 71
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10.6. Frontage places are streets which conform to the following requirements:
A. Minimum right-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
C. Curbing is not required.
D. An open space (which may be located in the right-of-way) at least 10 feet in width
shall separate the frontage place from the parallel street cartway.
E. Frontage places shall be neither less than 250 feet nor in excess of 800 feet in
length between parallel street access points except where the total length of the
frontage place is less than 250 feet.
10.7. Passages are streets which conform to the following requirements:
A. Minimum right-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
.
C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
10.8. Village streets, street corridors and drives are streets which conform to the following
requirements:
A. ~Minimum rie:ht-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
10.9. Boulevards are streets which conform to the following requirements:
A. ~Minimum rie:ht-of-way width: See Table 10.3
B. Width of cartway: two cartways, each +&12 to 32 feet wide, on either side of a
tree lawn a minimum of 8 feet in width.
C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
10.10. No planting, structure, sign, fence, wall, man-made berm, or other obstruction to vision
. shall be installed, constructed, set out, or maintained so as to obstruct cross-visibility in the sight
Paae 28 of 71
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triangle between 30 inches and 72 inches above the level of the center of the street intersection,
except that the limitations of this section shall not apply in the instances noted below, so long as
adequate visibility is maintained relative to intended speed limit:
A. existing natural grades;
B. trees trimmed such that no limbs or foliage extend into the area between 30 and
72 inches above the level of the adjacent intersection;
C. fire hydrants, public utility poles, street markers, government signs, electrical
junction boxes, and traffic control devices;
D. buildings located in the Primary Area or the Perioheral Retail Area;
E. the approved and intentional use of traffic calming techniques to reduce speed;
these include, but are not limited to: a series of hill crests, intersection diverters,
and curb bulbs.
10.11. The minimum street grade shall be 0.50 percent and the maximum street grade shall be
seven percent.
10.12. With the approval of the Commission, streets within the District may be private.
10.13. All streets within the District which are to be dedicated for public use and accepted for
maintenance by the City of Carmel or the Board of Commissioners of Hamilton County shall be
constructed to the standards of the City of Carmel or the Hamilton County Highway Department,
as applicable at the time of construction, for depth and materials.
10.14. All streets in the District which do not conform to the requirements for the street types
permitted by this Ordinance shall comply with the requirements of the Subdivision Control
Ordinance.
10.15. street may be separated from another street by an "eyebrow" median. An
eyebrow is a variation of a close, with a less pronounced "U", and shall conform to the design
guidelines for alleys.
1 0.16. Diag:onal oarking: is Dermitted if the rig:ht-of-wav allocated thereto is not less than 18 feet
wide and the adiacent cartwav is not less than 12 feet wide.
10.17. The area of the rig:ht-of-wav allocated to oarking:. cartwav and tree lawn area ( or median)
mav varv along: the leng:th of a boulevard.
Paae 29 of 71
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Section 11. Open Space.
11.1. Not less than 20 percent of the land in the District shall be allocated to and shall remain
in open space in perpetuity. Open space shall be restricted by a Declaration to prohibit future
subdivisions or development. Open space shall be used for social, recreational, and/or
environmental preservation purposes. The uses authorized must be appropriate to the character
of the open space, including its topography, size, and vegetation.
11.2. Open space in the District shall generally be of the size and configuration and in the
locations depicted on the Development Plan.
11.3. Open space containing existing attractive or unique natural features, such as streams,
creeks, ponds, woodlands, specimen trees, and other areas of mature vegetation worthy of
preservation shall generally be left unimproved and in a natural state. The Developer may make
improvements such as the cutting of trails for walking or jogging, the provision of picnic areas,
removal of dead or diseased trees, thinning of trees or other vegetation to encourage more
desirable growth, and grading and seeding.
11.4. Open space may be used for public and semi-public recreation, social and educational
purposes.
11.5. Recreational and civic buildings, structures, and improvements (for example, the Meeting
House, Hall, Chapel:, picnic structures, ballfields, playground
equipment and gazebos) may be constructed in the open space.
11.6. An Owners Association shall establish a reserve fund for the maintenance and repair of
the open space to which it has title and shall maintain such fund at an amount which is
reasonable in relationship to anticipated expenditures.
Section 12. Civic Space.
12.1. Civic spaces in the Primary Area shall be located primarily in and adjacent to the Village
Center.
1
University Green and the Meeting House Green shall be developed as civic space.
12.3. Parking for civic buildings shall utilize on-street parking to the extent possible. If
additional off-street parking is required, it shall be located in the rear or to the side of the civic
building and screened from the view shed of the street, or accommodated in off-site parking
facilities complying with Section 16.
12.4. The lawn, plaza or courtyard surrounding a civic building may also qualify as open space.
. Section 13. Recreational Space.
Paae 30 of 71
. 13.1. Not less than two percent of the Development or 450 square feet per dwelling (exclusive
of accessory dwellings and assisted livinll units) in the Development shall be dedicated as
recreational space.
13.2. Recreational space may be distributed throughout the District.
13.3. Paths shall constitute recreational space.
13.4. A private recreational development or facility shall constitute recreational space if the use
thereof is generally available to residents of the District upon payment of a membership or use
fee.
13.5. Recreational space may include ballfieldsball fields and ball courts, pools and other
recreational facilities, whether or not enclosed in buildings.
13.6. Recreational space shall not include any recreational facility located entirely on a
residential lot.
13.7. Recreational space may also qualify as open space
.
Section 14. Sidewalks and Paths.
14.1. Sidewalks shall be provided on both sides of all streets in the District other than alleys,
closes and frontage places, and on one side of closes and frontage places, unless otherwise
shown on the Development Plan and except that: (a) a oaved oathwav on one side onlv of
Meetinll House Road from Hoover Road to Colfax Circle mav be substituted for otherwise
required sidewalks and (b) if an open space abuts a street, a path in such open space may be
substituted for a sidewalk. A sidewalk shall be provided on the side of the cartway within a
close or adjacent to that side of a frontage place upon which lots front. The pedestrian circulation
system within the Primary Area shall include gathering/sitting areas and provide benches,
landscaping, and other street furniture where appropriate.
14.2. Sidewalks shall be a minimum of four feet in width in predominantly residential areas;
sidewalks along commercial structures in the Villalle Center and in the Perioheral Retail Area
shall be a minimum of eight feet in width. Sidewalks in the Village Center shall be constructed
of brick, slate, colored/textured concrete pavers, concrete, concrete containing accents of brick,
or some combination thereof or reasonable alternatives thereto that are compatible with the style,
materials, colors, and details of the surrounding buildings. The functional, visual, and tactile
properties of the paving materials shall be appropriate to the proposed functions of pedestrian
circulation.
14.3. Paths shall be provided, where feasible, to link open space areas. Paths shall be a
minimum of six feet wide and shall be surfaced, paved or improved with materials approved as
e part of the secondary plat process.
Paae 31 of 71
. 14.4. 11.1. Bike racks shall be provided in the Village Center. the Perioheral Retail Area and
in community areas located elsewhere in the Development.
14.5. Sidewalks in the Primary Area and the Perioheral Retail Area mav be oenetrated bv tree
lawns and/or olanting areas.
Section 15. Area and Bulk Re2ulations.
15.1. Large lot single family detached dwellings in the Primary Area.
.
A.
B.
C.
D.
Minimum lot area: 8,400 square feet
Minimum lot width at build-to line: 70 feet
Minimum lot depth: 120 feet
Minimum yard dimensions
Build-to line: 820 feet unless otherwise specified on an approved final
plat
Front yard: minimum of 10 feet
Side yard: minimum of 5 feet per side; aggregate 15 feet
Rear yard: 820 feet (J12 feet for g::uagesif access is available from
~an allev)
Maximum building height: 35 feet
Maximum building coverage: 50 percent
required
E.
F.
G.
15.2. Large lot single family detached dwellings in the Secondary Area shall comply with the
area and bulk regulations established for the R-2 District in the Zoning Ordinance, except as
provided in Section 7.5 of this Ordinance and except as follows:
A. Minimum lot width at the building setback line: 70 feet.
B. Maximum building height: 35 feet.
C. Minimum front yard: 20 feet.
D. Minimum rear vard: 20 feet (12 feet if access is available from an allev)
E. Maximum building coverage: 50 percent.
F. ~~--Minimum ground floor area for a one-story dwelling: 2,000 square feet.
G. ~--Minimum ground floor area for a two-story dwelling: 1,200 square feet.
15.3. Small lot single family detached dwellings.
A.
B.
C.
D.
.
Lot area: a minimum of 4Q003.500 square feet
Lot width at build-to line: minimum of 4032 feet and a maximum of 69 feet
Minimum lot depth: +0090 feet
Yard dimensions:
Build-to line: 10 feet unless otherwise specified on an approved final
plat
Paae 32 of 71
E.
F.
G.
Front yard: minimum of 0 feet; maximum of25 feet
Side yard: Aggregate 20 percent of the width of the lot at build-to line;
minimum (one side only) of ~l feet
Rear yard: fI:eH-e 12 feet
Maximum building height: 30 feet
Maximum building coverage: W60 percent
Gara2:e reauired: alley reauired
.
15.3.1. Senior housin2: detached dwellin2:s.
.
A. Lot area: a minimum of 3.000 sauare feet
B. Lot width at the build-to line: a minimum of 30 feet
C. Minimum lot devth: 80 feet
D. Yard dimensions:
Build-to line: 10 feet unless otherwise svecified on an aVDfoved final vlat
Front yard: minimum of 0 feet: maximum of 20 feet
Side yard: a2:2:re2:ate 20 vercent of the width of the lot at build-to line:
minimum (one side only) of 3 feet.
Q,.---Rear yard parking: minimum of 20 feet (12 feet if access is
from an alley).
E. Maximum buildin2: hei2:ht: 30 feet
F. Maximum buildin2: covera2:e: 60 vercent
G. Gara2:e required; alley optional
15.3.2. Con2:fe2:ate Housin2: in the Primary Area (SH)
A. Lot area: a minimum of 50.000 sauare feet
B. Lot width at the build-to line: a minimum of 100 feet
C. Minimum lot devth: 150 feet
D. Yard dimensions:
Build-to line: 10 feet unless otherwise svecified on an aVDfoved final vlat
or other recorded instrument.
Front yard: minimum of 10 feet: maximum of 25 feet
Side yard: 10 feet.
Rear yard: 10 feet.
E. Maximum buildin2: hei2:ht: 40 feet
F. Maximum buildin2: covera2:e: 90 vercent
G. All off--street varkin2: must be interior to the buildin2:. in rear yards. screened side
yards or in cornmon varkin2: lots comvlyin2: with Section 16.
15.4. Duplex.
.
A.
B.
C.
D.
Lot area: minimum of ~2.800 square feet per dwelling
Lot width at build-to line: minimum of 30 feet per dwelling
Minimum lot depth: 90 feet
Yard dimensions
Paae 33 of 71
.
.
.
E.
F.
G.
Build-to line: 15 feet or as otherwise specified on an approved final plat
Front yard: minimum of 0 feet and a maximum of 20 feet
Side yard (one side only): minimum of 5 feet
Rear yard: minimum of 20 feet (J.12 feet for garagesif access is available
from ~an allev)
Maximum building height: 30 feet
Maximum building coverage: 50 percent
required; alley optional
15.5. Attached Dwellings Other Than Duplexes
A.
B.
Lot area: minimum of 1,500 square feet per dwelling
Lot width at build-to line: a minimum of 18 feet per dwelling and a maximum of
45 feet per dwelling
Minimum lot depth: 70 feet
Yard dimensions
Build-to line: 10 feet or as otherwise specified on an approved final plat
Front yard: a minimum of 0 feet and a maximum of 20 feet
Side yard (each end of row): minimum of6 feet, maximum of25 feet
Rear yard: a minimum of 20 feet
Maximum building height: 40 feet
Maximum building coverage: 60 percent
and alley required except as otherwise provided III
C.
D.
E.
F.
G.
Section 16.5.
15.6. Accessory Dwellings.
A. Except as otherwise provided in this Ordinance, an accessory dwelling, whether
attached to or detached from the principal dwelling, shall comply with the
standards specified in this Section 15 for the principal dwelling.
B. The maximum building height of an accessory dwelling is 30 feet if accessory to a
large lot single-family detached dwelling or a townhouse and 25 feet if accessory
to any other type of dwelling.
15.7. Apartment House.
A.
B.
C.
D.
Minimum lot area: 3,600 square feet
Lot width at build-to line: minimum of 30 feet
Lot depth: a minimum of 100 feet
Yard dimensions
Build-to line: 10 feet or as otherwise specified on an approved final plat
Front yard: minimum of 0 feet and a maximum of 20 feet
Side yard (each side): minimum of 5 feet
Rear yard: minimum of 20 feet unless located on a Village Center Block
or adjacent to a common parking lot, in which event a minimum of 7 feet
Paae 34 of 71
.
E.
F.
G.
H.
Maximum building height: 40 feet
Maximum building coverage: 60 percent
Minimum apartment size: 750 square feet
Rear yard On site parking at rear of Lot required; supplemental screened side yard
parking permitted
15.8. Commercial Uses~~ Mixed-Use and Vertical Dwelline Buildings in the Primarv Area.
.
A. Lot area: minimum of~1.000 square feet
B. Lot width at build-to line: minimum of 25 feet
C. Minimum lot depth: +MO feet
D. Yard dimensions
Build-to line (unless otherwise indicated on an approved final plat or
in another recorded instrument)
E.
F.
G.
feet
Front yard: a minimum of 0 feet, a maximum of -8-20 feet
Side
Rear yard: a minimum of 20 feet unless abutting a common parking lot, in
which event no rear yard is required
Maximum building height: #50 feet
Maximum building coverage: 100 percent
All off-street parking must be "mto rear yards, in screened side yards or III
common parking lots complying with Section 16.
15.8.1 Commercial uses in the Perioheral Retail Area.
A. Lot area: minimum of 5.000 sauare feet
B. Lot width at the build-to line: 50 feet
C. Minimum lot deoth: 100 feet
D. Yard dimensions:
Build-to line: 10 feet unless otherwise indicated on an aODfoved final plat
or in another recorded instrument.
Front: 10 feet
Side: 10 feet
Rear: 10 feet
E. Maximum bui1dine heieht: 40 feet
F. On-site oarkine must comD1v with the reauirements of Section 16.1
15.9. Civic Buildings (Exclusive of Day Care), Bed and Breakfast Establishments and Inns not
located in a Community Area.
.
A.
B.
C.
Lot area: a minimum of5,000 square feet
Lot width at build-to line: a minimum of 50 feet
Minimum lot depth: 110 feet
Paae 35 of 71
.
D.
Yard dimensions
Build-to line
Community facilities, bed and breakfast establishments and inns:
15 feet
Religious: 25 feet
Institutional: 20 feet
Front yard: minimum of 10 feet
Side yard (each side): minimum of 15 feet
Rear yard: a minimum of 20 feet unless abutting a common parking lot, in
which
reauired
Maximum building height: 50 feet if in the VillaQ:e Center: otherwise. 45 feet,;
Maximum building coverage: 60 percent
All required off-street parking must be in the rear yards, screened side yards or in
common parking lots complying with Section 16.
E.
F.
G.
15.10. Commercial Child Day Care and Elderly Day Care Facilities: as required by the Zoning
Ordinance (exclusive of Section 25.0 thereof) to the extent not inconsistent with the specific
provisions of this Ordinance. No front or side yard setback shall be required, but a rear yard of
not less than 20 feet will be required unless abutting a common parking lot, in which event-W
feet no rear vard is required.
15.11. Accessory buildings may be located in the rear yard and in the side yard behind the rear
facade of the principal structure.
whether attached or unattached to the orinciDal dwellinQ: structure. mav be located in a rear vard
if access thereto is afforded from an allev. An accessory building (including accessory dwellings)
located in the Secondarv Area may not exceed 25 feet in heiQ:ht. Accessorv buildinQ:s (includinQ:
accessorv dwellinQ:s) located elsewhere in the District shall not exceed 35 feet in height.
.
15.12. Threshold elements may encroach into a front or side yard and shall not count against lot
coverage limitations. In addition, architectural features such as cornices, eaves, bays, sills, belt
courses, awnings, stoops, stairs, balconies, chimneys, gutters and fire escapes may encroach into
an established or required yard up to (i) five feet if the lot is located in the Primary Area and (ii)
three feet in the Secondary Area.
15.13. Lots may be consolidated as building sites, in which event the yard dimensions shall be
applied to the consolidated building site and setbacks measured from the exterior lot lines of the
consolidated building site.
15.14. Accessory uses such as public utility installations, private walks, driveways, retaining
walls, mail boxes, nameplates, lighting fixtures, patios at grade, birdbaths and structures of a like
nature are permitted in any required front, side or rear yard.
15.15. Where
standards may be located in any yard.
permitted, pumps and light
e
Paae 36 of 71
.
.
.
15.16. Fences and walls may be located in any yard subject to the provisions of Section 22.
15.17. Signs may be located in an established front setback or a side yard abutting a street as
permitted by Section 18.
15.18. Off-street parking areas, maneuvering areas for parking and loading areas are prohibited
in the established front building setback, in any established side yard abutting a street and in any
required buffer or screen except as otherwise provided in this Ordinance. This restriction shall
not apply to:
A. a driveway which crosses a front or side yard, buffer or screen to provide access
from the street to a parking area; or
B. an individual driveway, including conventional appurtenances thereto such as
basketball goals, designed also to serve as a parking area for a dwelling; or
c. plazas associated with civic buildings that have been designed for occasional use
as secondary parking areas; or
D. civic spaces or recreational spaceS7: or
E. the PeriDheral Retail Area exceDt as to the buffers required bv Section 8.9.
15.19. Except as otherwise provided in this Ordinance, no outdoor storage of goods and
materials or refuse containers shall be located in any established setback or established yard
abutting a street, nor in any required buffer or screen, except for the temporary placement of
refuse for scheduled curbside collection.
15.20. +"~~~Terraces which do not extend above the level of ground (first) floor may project
into a required yard, provided these projections are located at least two feet from the adjacent
side lot line.
15.21. Lot width shall be measured along: the build-to line or building: set-back line. as
aDDlicable. Required vards shall be measured from lot lines.
Section 16. Parkine.
16.1.~"7"-~Off-street parking shall be provided on site~-eF~ in common parking lots. shared
Darking: areas. Darking: structures or g:aralles according to minimum requirements as
specified below:
Paae 37 of 71
.
.
.
Detached sin2Je family
Attached dwellin2:s
Apartment
dwellin2:s
lofts*
house.
and Villa2:e
Accessorv dwellin2:s
Retail in the Primary Area *
Commercial in the
Peripheral Retail Area*
Two spaces per dwellin2:
One space per first bedroom. plus half of a space per each
additional bedroom
vertical One space per first bedroom. plus three-fourths of a space
Center for second bedroom and one-half space for each additional
bedroom
One space
One space for the first 1.000 sauare feet of 2:ross floor area
and one space for each additional 750 sauare feet of 2:ross
floor area
Financial institutions: one space per 300 sauare feet of
2:ross floor area except to the extent of available adiacent
on-street parkin2: spaces.
Restaurants or fast-food operations with drive-thru: one
space per 75 sauare feet of 2:ross floor area.
Grocerv: one space per 250 sauare feet of 2:ross floor area.
Paae 38 of 71
.
Drug store: one sDace Der 375 sauare feet of gross floor
area.
Convenience store or market: one SDace Der 250 sauare
feet of grOSS floor area.
Office uses *
One SDace for each 500 sauare feet of gross floor area
Institutional/Churches
One SDace for each six seats in the main Dlace of assembly
Meeting House
None
Recreation buildings
One SDace Der 500 sauare feet of grOSS floor area
Trustees Hall
None
Day Care Center*
One SDace Der emDloyee and one SDace Der 10 children
Elder Care Center*
One SDace Der emDloyee and one SDace Der lO senior
citizens
.
Bed and Breakfast
One SDace Der bedroom or suite
Inn
One SDace Der bedroom or suite
Other Permitted Uses
As sDecified in the Zoning Ordinance
* Additional reauired Darking spaces needed for such uses willmay be provided by on-street
parking. ~~The aggregate reauired number of-s-treet and. off street parking SDaces in the
Primary Area for retail, offices and apartments-need not exceed. vertical dwellings and Village
Center Lofts (on-street and off-street) in the Primary Area is one eaFDarking SDace per 450 square
feet for retail, one Darking space per 300 square feet for offices and one Darking space per
bedroom for apartments~~. vertical dwellings and off streetVillage Center lofts. The
agl!regate number of reauired number of parking SDaces for day care and elder care centers
fJ€>t.exceed(on-street and off-street) is one space per employee and one space for each six
children or senior citizens. The aggrel!ate reauired number of Darking SDaces Der Dermitted use in
the PeriDheral Retail Area (on-street and off-street) is that number reauired for the use bv Section
27.05 of the Zoninl! Ordinance exceDt that the aggregate reauired number of Darking SDaces for a
grocery or a restaurant or fast food oDeration with drive-thru is the number sDecified above.
16.2. Off-street parking for commercial uses shall be sufficient to provide parking for the
employees of all proposed uses as well as long-term customer parking. Spaces reserved for
employees should be designated by means of striping and/or signage. Off-street parking lots on
commercial lots in the Primarv Area other than those designated solely for parking purposes
. shall be prohibited in any front yard setback area, shall be located at the rear or to the side of
Paae 39 of 71
.
buildings and, where feasible, shall be accessed by means of common driveways, preferably
from side streets or alleys. Such lots may be interconnected with parking lots on adjacent
properties. Cross-access easements for adjacent lots with interconnected parking lots shall be
provided. Common, shared parking facilities are encouraged, where feasible.
16.3. Off-street parking in the District may be accommodated on lots utilized exclusively for
such purpose, including common parking lots. shared parkinQ: areas and lots improved with
parkinQ: structures.. Such lots shall be landscaped, buffered afl60r screened as required by
Sections 16.8(G)-and", 16.9 and 16.15 of this Ordinance. as applicable.
16.4 Unless otherwise agreed by the Commission, parking structures may only be located on
the interior of Village Center Blocks.
16.5. With the exception of detached single family dwellings, and
driveways shall be prohibited in any residential front yard area. For
other dwellings driveway access shall be provided from alleys or side yard entry. A driveway
shared by dwellings on two adjacent lots may be located with the driveway center line on the
common side lot line. An accessory dwelling shall not be served by a driveway separate from
that serving the principal dwelling unless the accessory dwelling is accessed from a rear alley
and the principal dwelling is accessed from a street. Parking for townhouses and attached senior
housinQ: dwellinQ:s shall be provided in a common off-street parking area or in garages or parking
spaceso;~ with access from an
.
Townhouse Q:araQ:es must be located in the back of the structure or in a rear vard. A driveway
affording access to the rear yard of a townhouse may connect to a street if it passes through an
arcade. Parking for apartments may be located in a parking lot located on a lot other than that
containing the apartment house, but within 400 feet of an apartment house entrance.
16.6. On-street parking approved by the government entity having jurisdiction over the public
right-of-way may be counted toward all or part of the parking requirement for the use made of a
lot.
16.7. If access to a garage is provided from a street, the front entrance of such a garage shall sit
back a minimum of 10 feet from the front facade of the dwelling. A garage shall be set back the
greater of (i) three feet from the rear property line or (ii) five feet from the edge of alley
pavement, and at least three feet from one side property line. If a garage wall (which is not a
common wall) sits on a property line, then a maintenance easement shall be created on the
adjoining lot.
16.8. Parking lots shall be designed to conform to the following standards:
A.
Parking space dimensions (other than those designed for the disabled) shall be a
minimum of 18 feet long and nine feet wide. Parking spaces shall be
dimensioned in relation to curbs or aisles so long as their configuration, area and
dimensions satisfy the requirements of this section.
.
Paae 40 of 71
.
.
.
B.
Parallel parking space dimensions shall be a minimum of 20 feet long by eight
feet wide.
C. Parking area aisle widths shall conform to the following table which varies the
width requirement according to the angle of parking:
Angle of Parking
Aisle Width 0 30 45 60 90
One Way Traffic 13 13 13 18 20
Two Way Traffic 19 19 20 22 24
D. Driveways shall be 12 feet in width for one-way traffic and 18 feet in width for
two- way traffic.
E. Parking for the disabled shall be provided in compliance with applicable law.
F. Parking lots shall be paved with asphalt, concrete or other acceptable material.
G.
For small parking lots, landscaping shall be required at the perimeter. For large
parking lots, landscaping shall be at the perimeter and placed to break the lot into
parking modules of no more than 36 spaces. The foregoing requirements shall not
apply to parking lots located in
on the interior of a Village Center
~artments. or in the Peripheral Retail Area.
16.9. Perimeter landscaping of parking lots not located III
communitv area. on the Village Center Block or in the
Peripheral Retail Area shall conform to the following standards:
A. Screening shall be provided by installing along the perimeter of the parking lot (i)
evergreen shrubs with a maximum separation of six feet on center, a minimum
height of three feet at installation and an expected height at maturity of at least six
feet, (ii) a masonry wall three to six feet in height, or (iii) other visually
impervious landscape screening acceptable to the Department. This screen may
be penetrated for access between parking lots or to an adjoining street or alley but
no single such penetration shall exceed the width of the sidewalk or driveway, as
applicable.
B. For parking lots which abut street rights of way, a masonry wall a minimum of
three feet in height shall be installed along the right of way frontage extending
from the building wall to the lot line. The wall may be interrupted by a sidewalk
Paae 41 of 71
.
.
.
entry not exceeding eight feet in width and an access drive with a width not
exceeding 18 feet.
c.
In addition to screening, large maturing trees shall be planted around the
perimeter of the parking lot in a planting strip not less than seven feet wide.
D.
Existing vegetation which meets in whole or in part the purposes of perimeter
landscaping may be applied toward such landscaping requirement.
16.10. Interior landscaping of large parking lots not located in
communitv area. on the ~~ Center Of on interior of a Village Center Block or in the
Perioheral Retail Area shall consist of large maturing trees placed such that each section of
parking (up to 36 spaces per section) is enclosed by trees (or building wall), with maximum
spacing of 40 feet on center. Tree planting areas within parking lots shall be at least seven feet
wide, edged with a curb at least six inches high and shall be designed to minimize damage to
trees by parking or moving vehicles. Such interior tree planting areas need not be contiguous.
16.11. Walls shall be constructed to be compatible with the architectural style and detail of
adjacent buildings.
16.12. Lighting for parking lots shall comply with the requirements of Section 21.
16.13. Landscaping for parking lots located in common space shall be compatible with the
natural vegetation and topography of such space.
16.14. 16J 4 ,-Landscaping for parking lots
shall conform
the Education Villa2:e Center and on ifte
the Landscape Plan.
16.15 LandscaDin2: for Darkin2: lots in the Perioheral Retail Area shall comolv with the followin2:
reQuirements:
A. A minimum of one (1) shade tree and five (5) shrubs shall be olanted within each
oarkin2: lot for everv nine (9) soaces orovided. or not less than 18 trees oer acre of
oarkin2:.
B. A six (6) foot wide oerimeter olantin2: area shall be orovided alon2: the oerimeter of
oarkin2: areas. The reQuired Dlantin2: unit for this area shall include: two (2) shade
trees. three (3) ornamental trees and thirtv (30) shrubs Der 100 linear feet.
C. Masonrv walls not exceedin2: 48 inches in hei2:ht mav be substituted for oerimeter
olantin2: areas.
16.16 The oarkin2: SDaces reQuired for anv buildin2: or use mav be located in a common oarkin2:
lot. a shared oarkin2: area or a oarkin2: structure if such lot. area or structure is located
within 300 feet of the buildin2: or use.
Paae 42 of 71
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.
.
16.17 The followin!! shall aDDlv to drive-thru lanes in the PeriDheral Retail Area:
A. Stackin!! shall be confined to the sides and rear of the Darcel.
B. Lanes for drive-thru facilities shall not be Derrnitted alon!! the front of a
buildin!! nor Derrnitted to sDill over onto adioinin!! DfoDerties.
C. Outlet from drive-thru lanes mav be throu!!h anv established imrress/e!!fess
drive servin!! the Darcel.
D. The minimum number of vehicle stackin!! SDaces reauired for drive-thru
lanes shall be as follows:
ill Bank teller lane: 5 measured from the teller window
ill A TM: 3 measured from the A TM
ill Restaurant or fast food drive-thru: 10 measured from the Dick-uD
window
(il Car wash: 5 measured from the entrance
ill Gas DumD island: 3 measured from the DumD island
ill Dru!! store: 3 measured from the Dick-uD window.
E.
No reauired stackin!! vehicle SDace shall block or obstruct access to a
Dublic entrance to the buildin!!.
Section 17. Loadin2 and Service Areas.
17.1. Loading docks, solid waste facilities, recycling facilities, and other service areas shall be
placed to the rear or side of buildings.
17.2. .H'~-~~Screening and landscaping shall prevent direct views of the loading areas and
their driveways from adjacent properties or from the public right-of-way. Screening and
buffering shall be achieved through walls, fences, and landscaping, shall be a minimum
of five feet tall, and shall be visually impervious. Recesses in the building, or depressed
access ramps may be used.
17.3. Trash collection areas shall be enclosed and screened as Dfovided in Section 19.14.
Section 18. Si2ns.
All signs located within the District shall comply with the following sign regulations:
18.1. Exempt sIgns: All signs designated as exempt in Section 25.7.01-3 of the Sign
Ordinance.
Paae 43 of 71
.
18.2. Prohibited signs:
A. Signs on roofs, dormers, and balconies.
B. Billboards.
C. Signs painted or mounted upon the exterior side or rear walls of any principal or
accessory building or structure, except as otherwise permitted hereunder.
D. Signs prohibited by Section 25.7.01-4 of the Sign Ordinance, except as otherwise
permitted hereunder.
18.3. Permitted business signs:
A. Wall-mounted or painted signs, provided the following standards are met:
The sign shall be affixed to the front facade of the building, and shall
project outward from the wall to which it is attached no more than six
inches in the Villmze Center and 12 inches in the PeriDheral Retail Area.
The area of the signboard shall not exceed t0020 percent of the ground
floor building facade area or 45 square feet, whichever is less.
The maximum permitted height is 15 feet above the front sidewalk
elevation, and shall not extend above the base of the second floor window
sill, parapet, eave, or building facade.
The height of the lettering, numbers, or graphics shall not exceed toolO
inches in the Villa!!e Center and 12 inches in the PeriDheral Retail Area.
Limited to one sign per business establishment on each building facade
fronting a street. In the PeriDheral Retail Area. a facade facin!! 131 sl Street
or Towne Road shall be deemed to be froniin!! such streets
notwithstandin!! that the front facades face an interior street.
(1)
(2)
(3)
(4)
. (5)
B. One wall-mounted sign, not exceeding six square feet in area, shall be permitted
on any side or rear entrance open to the public. Such wall signs may only be
lighted during the operating hours of the business.
C. Wall-mounted building directory signs identifying the occupants of a commercial
building, including upper story business uses, provided the following standards
are met:
(1) The sign is located next to the entrance.
(2) The sign shall project outward from the wall to which it is attached no
more than six inches.
(3) The sign shall not extend above the parapet, eave, or building facade.
(4) The area of the signboard shall not exceed 15 square feet.
(5) The height of the lettering, numbers, or graphics shall not exceed five
inches.
D. D. Applied letters may substitute for wall-mounted signs, if constructed of
painted wood, painted cast metal, bronze, brass, or black anodized aluminum.
Applied plastic letters shall not be permitted. The height of applied letters shall
.
Paae 44 of 71
.
not exceed teH 10 inches in the VillaQ:e Center and 12 inches in the PeriDheral
Retail Area.
E. Projecting signs, including icon signs, mounted perpendicular to the building
wall, provided the following standards are met:
(1)
(2)
(3)
(4)
(5)
W
.
ill
The signboard shall not exceed an area of ten square feet unless a comer
sign which shall not exceed an area of twelve square feet.
The distance from the ground to the lower edge of the signboard shall be
eight feet or greater.
The height of the top edge of the signboard shall not exceed (i) the height
of the wall from which the sign projects, if attached to a single story
building, (ii) the height of the sill or bottom of any second story window,
if attached to a multi-story building and not a comer sign or (iii) 50
percent of the distance between the building cornice or roof line and the
sill or bottom of any second story window if a comer sign located on a
multi-story building.
The distance from the building wall to the signboard shall not exceed six
inches.
The width of the signboard shall not exceed four feet.
~- The height of the lettering, numbers, or graphics shall not exceed
teH--~1O inches in the VillaQ:e Center and 12 inches in the PeriDheral
Retail Area.
(7) Limited to one sign for each ground floor business establishment.
Projecting signs are not permitted in conjunction with free-standing or tree
lawn signs.
F. Tree lawn signs, including icon signs, installed on a pole in a tree lawn, provided
the following standards are met:
(1) The sign is located in a tree lawn opposite the entrance to the building.
(2) The signboard shall not exceed an area of six square feet.
(3) The distance from the ground to the lower edge of the signboard shall be
six feet or greater.
( 4) The height of the top edge of the signboard shall not exceed the height of
the wall of the building in front of which the sign is located, if located
opposite a single story building, or the height of the sill or bottom of any
second story window, if located opposite a multi-story building.
(5) The width of the signboard shall not exceed two feet.
(6) The height of the lettering, numbers, or graphics shall not exceed eight
inches.
(7) Limited to one sign for each ground floor business establishment. Tree
lawn signs are not permitted in conjunction with free standing or
projecting signs.
e
G. Painted window or door signs, provided that the following standards are met:
Paae 45 of 71
.
.
(1)
(2)
(3)
(4)
(5)
The sign shall not exceed 30 percent of the window or door area except in
the Peripheral Retail Area where the si!!n shall not exceed 40 percent of
the window or door area.
The sign shall be silk screened or hand painted.
The height of the lettering, numbers, or graphics shall not exceed five
inches in the Villa!!e Center and ei!!ht inches in the Peripheral Retail Area.
Limited to two window signs and one door silm for each business
establishment.
Painted window or door signs may be in addition to only two of the
following: a wall-mounted sign, a free-standing sign, an applied letter
sign, a projecting sign, or a tree lawn A
painted window sign at the second or third floor level of a Commercial
Structure may only be combined with a tree lawn sign.
Awning signs, for ground floor uses only, provided that the following standards
are met:
(1) If acting as the main business sign, it shall not exceed fifteen square feet in
area, and the height of the lettering, numbers, or graphics shall not exceed
t~lO inches in the Villa!!e Center and 12 inches in the Peripheral Retail
Area.
(2) If acting as an auxiliary business sign, it shall be located on the valance
only, shall not exceed five square feet in area, and the height of the
lettering, numbers, or graphics shall not exceed five inches in the Villa!!e
Center and ei!!ht inches in the Peripheral Retail Area.
(3) Limited to two such signs for each ground floor business establishment, on
either awning or valance, but not on both.
(4) If acting as the main business sign, it shall not be in addition to a wall-
mounted sign, an applied letter sign or a projecting sign which is not a
comer SIgn.
H.
I. Free-standing sign, provided that the following standards are met:
The building, where the business to which the sign refers is located, shall
be set back a minimum of five feet from the frontage line.
The area of the signboard shall not exceed 45 square feet.
The height of the lettering, numbers, or graphics shall not exceed feD 10
inches in the Villa!!e Center and 12 inches in the Peripheral Retail Area.
The height of the top of the signboard, or of any posts, brackets, or other
supporting elements shall not exceed six feet from the ground.
+heIf located in the Villa!:!:e Center. the signboard shall be constructed of
wood, with wood or cast iron brackets,afl:d=
The silmboard shall be architecturally compatible with the style,
composition, materials, colors, and details of the building.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
e
The sign shall be located within feet of the main entrance to the
business and its except that in the Peripheral Retail Area. the si!:!:n mav be
located within ten (l0) feet of the access drive servin!:!: the lot on which the
Paae 46 of 71
(8)
business is located. In no event mav the location shall notof the si!m
interfere with pedestrian or vehicular circulation.
Limited to one sign per building--tH*i. In the Villa2:e Center. a free-
standin2: si2:n shall not be in addition to wall-mounted, applied letters, tree
lawn or projecting signs. In the PeriDheral Retail Area. a free-standin!!
si!m shall not be in addition to a tree lawn or Droiectin2: si!!n. but mav be
in addition to a wall mounted or aDDlied letterin!! si!!n.
.
J. Business establishments located in comer buildings are permitted signs for each
street frontage as if each frontage were a separate business establishment except
that if a comer sign is used, no free standing, tree lawn or additional projecting
signs are permitted on either frontage.
K. Businesses with service entrances may identify these with one sign not exceeding
two square feet.
L. One directional sign, facing a rear parking lot, is permitted. This sign may be
either wall-mounted or free standing on the rear facade, but shall be limited to
three square feet in area.
M. In addition to other signage, restaurants and cafes shall be permitted the
following, limited to one sign per business establishment:
.
(1)
A wall-mounted display featuring the actual menu as used at the dining
table, to be contained within a shallow wood or metal case, and clearly
visible through a glass front. The display case shall be attached to the
building wall, next to the main entrance, at a height of approximately five
feet, shall not exceed a total area of two square feet, and may be lighted.
(2) A sandwich board sign, as follows:
(a) The area of the signboard, single-sided, shall not exceed five
square feet.
(b) The signboard shall be constructed of wood, chalkboard, and/or
finished metal.
(c) Letters can be painted or handwritten.
(d) The sign shall be located within four feet of the main entrance to
the business and its location shall not interfere with pedestrian or
vehicular circulation.
(e) The sign shall be removed at the end of the business day.
(3) In the PeriDheral Retail Area onlv. a menu si!!n with a maximum si!!n area
of 16 square feet and a maximum hei!!ht of six feet for a !!found si2:n.
N. A horne-based office is permitted one sign provided it complies with the
requirements of Section 6.2(F).
.
Paae 47 of 71
.
O.
If historically appropriate to the type of business conducted or the architectural
style of the building: in which the business is located, a retail business may display
in windows fronting: a street an illuminated window sign in addition to other
permitted signs provided the sign area of each sig:n does not exceed~ 10 square
feet in the Villag:e Center and 20 sauare feet in the PeriDheral Retail Area. Neon
sig:ns are Dermitted as an illuminated window sig:n.
18.4. Permitted Other Signs:
A. Signs permitted under Sections 25.7.02-3, 25.7.02-5, 25.7.02-6, 25.7.03-4,
25.7.03-5,25.7.03-6 and 25.7.04 ofthe Sign Ordinance.
B. One identification sign at each entrance to (i) the District, (ii) a designated
neighborhood within the District, (iii) an attached or vertical dwelling
project containing more than six units in not less than two buildings, a:Rd-(iv)
an apartment house, and (v) the Periuheral Retail Area. provided the following
standards are met:
(1)
.
(2)
(3)
(4)
(5)
ilil
The design of the sign for any attached or vertical dwelling project or
apartment house shall be consistent with the architectural style of the
project or apartment house to which it relates.
The maximum sign area shall not exceed 75 square feet.
The area surrounding the sign shall be appropriately landscaped III
accordance with the requirements of Section 19.
The sign may be illuminated.
Matching signs which border either side of one entrance shall be treated as
one sign, but both sign faces shall be used to calculate the total sign area.
The identification si!!ns for the PeriDheral Retail Area may contain the
names of OCCUDants of buildim!s located in the Periuheral Retail Area
Drovided that. unless otherwise aDDroved bv the Commission: (i) the names
of the OCCUDants are all in the same size letters and (ii) the letter size does
not exceed 12 inches.
(7) An identification sig:n may be installed at only one of the two entrances to
the PeriDheral Retail Area from 131 st Street.
C. Traffic directional signs.
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D.
One development sign at each entrance to the District and each designated
neighborhood thereof, provided the following standards are met:
(1) The maximum sign area shall be 64 square feet.
(2) The maximum height of each sign shall be eight feet.
(3) The sign may not be illuminated.
(4) The sign shall be removed when 90 percent of the lots in the area to which
the sign relates have been sold.
E. One construction sign for each street frontage of a lot upon which construction
(other than construction of a detached dwelling) is in progress, provided the
following standards are met:
(1) The maximum sign area shall be 32 square feet.
(2) The maximum height of each sign shall be eight feet.
(3) The sign may not be illuminated.
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(4)
The sign shall be removed within seven days after the beginning of the
intended use of the building.
(5) Sign copy shall be limited to identification of the building, architects,
engineers, contractors and other persons involved with the construction,
but shall not include any advertising or product other than a rendering of
the building being constructed.
F. Signs depicting the site plan of the District assuming completion of development
in accordance with the Development Plan and indicating the location within the
District of the person viewing the sign, provided the following standards are met:
(1) The maximum sign area shall be 30 square feet.
(2) The maximum height shall be eight feet.
(3) Site plan signage within the Primary Area and in open and recreational
space may be illuminated; elsewhere in the District, illumination is not
permitted.
(4) Site plan signage shall be removed from the Secondary Area when 90
percent of the lots have been sold.
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Paae 49 of 71
. G. Signs containing a rendering of one or more buildings expected to be constructed
on the lot, provided the following standards are met:
(1) The maximum sign area shall be 32 square feet.
(2) The maximum height of each sign shall be eight feet.
(3) The sign may be illuminated.
(4) One sign will be permitted for each street frontage of the lot upon which
construction of the depicted building is contemplated.
(5) Unless otherwise agreed by the Commission, the sign shall be removed
not later than 36 months following installation thereof unless construction
of the building has commenced prior to that date and, if construction
commences, the sign shall be removed within seven days after the
beginning of the intended use of the building.
(6) Sign copy shall be limited to a rendering of the proposed building and
information relating to the intended construction, availability and use
thereof.
H. Real estate sales and leasing signs, provided the following standards are met:
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(1) The maximum sign area shall be 20 square feet.
(2) The maximum height of the sign shall be eight feet.
(3) Limited to one sign for each street frontage of the lot, with no more than
two sign faces per sign.
(4) The sign may not be illuminated.
(5) Sign copy shall be limited to announcement of the sale, rental or lease of
the premises and shall contain no advertising or promotional material
other than to indicate the party listing the property for sale or lease.
(6) Signs for detached dwellings and commercial structures shall be removed
within seven days after the date the unit is leased, sold or occupied.
(7) With respect to attached dwellings and apartment houses, when 80% of
the dwellings are leased, sold or occupied, real estate signs are limited to a
ground sign, a wall sign or a window sign of six square feet or less.
I. One ( I) g:eneral identification sig:n for the PeriDheral Retail Area. Dfovided the
. following: standards are met:
Paae 50 of 71
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(2)
(3)
(4)
(5)
The maximum si2:n area shall not exceed 75 sauare feet.
The desi2:n of the si2:n shall be comvatible with identification si!ma2:e
elsewhere in the District.
The area surroundin2: the si2:n shall be aVDfoDfiatelv landscaved III
accordance with the reauirements of Section 19.
The si!m shall contain onlv the words. "WestClav Uv Town."
The si2:n shall be located at the southwest comer of 131 st and Towne
Road.
(6) The si2:n mav be illuminated at ni2:ht.
-Il Signs approved by the Commission are permitted in the District in addition to the
signs specifically authorized in this Ordinance.
18.5. Design Standards for Signs:
A.
Signs affixed to the exterior of a building shall be architecturally compatible with
the style, composition, materials, colors, and details of the building, as well as
with other signs used on the building.
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B. Sign colors should be compatible with the colors of the building facade.
C. Signs shall not interfere with vision clearance and shall comply with the
requirements of Section ~ 10.10.
D. Backli2:htin2: of si2:ns is vermitted on Iv in the Perivheral Retail Area.
18.6. Premises Identification:
A. The assigned premises identification of a building shall be displayed in such a
manner so that the numerals can readily be seen from the street. Identification
shall be displayed on the building, on or near the main entrance door, or displayed
on a mailbox near the street in such a manner as they identify its corresponding
building.
B. Any dwelling or commercial building that abuts an alley or secondary access that
could be used by motor vehicles must not only display the premises identification
on the front, but shall also display its premises identification visible from the
alternate access to the property.
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C.
When numerals representing premises identification are removed or become
illegible, such numerals shall be renewed or replaced by the owner or occupant of
the building.
18.7. Sign maintenance: All signs and sign structures shall be kept and maintained in good
repair and in a safe condition.
18.8. Permit Procedures: Division VI of the Sign Ordinance shall apply to signs in the District.
Section 19. Landscapin2.
19.1. Landscaping shall be required in the Primary Area in accordance with the Landscape
Plan. All areas of a site within the Village Center not occupied by buildings, parking lots, other
improvements or paving shall be planted with trees, shrubs, hedges, ground covers, and/or
grasses, unless such area consists of attractive existing vegetation to be retained, as depicted on
the Landscape
Perennials and annuals are encouraged.
19.1.1. LandscaDim! in the PeriDheral Retail Area shall conform to the Landscaoe Plan and
Section 16.15 of this Ordinance. In addition. the followim! reauirements shall aDDly:
A.
Foundation Dlantin!!s shall be included alon!! the sides of a buildin!! exceDt ( a) the
front or side if the sidewalk extends to the face of the buildin!! and (b) that Dart of
the buildin!! where a drive-thru lane extends to the face of the buildin!!. The
minimum width of the olantin!! area shall be five feet.
B. ExceDt as otherwise Dfovided herein. side and rear yards shall be landscaDed in
comDliance with the minimum reauirements for buffer yard "A" set forth in
Section 26.04.05 of the Zonin!! Ordinance.
C. The landscaDin!! standards set forth in Dara!!raohs 1 ( exceDt to the extent
inconsistent with subsection B above). 2 and 4 of Section 23C.IO.03 of the
Zonine Ordinance shall aDDlv to buildine sites.
D. The installation and maintenance reauirements set forth in Section 23C.10.04 of
the Zonine Ordinance shall aODlv to buildine sites.
19.2. Landscaping shall be integrated with other functional and ornamental site design
elements, where appropriate, such as recreational facilities, ground paving materials, paths and
walkways, fountains or other water features, trellises, pergolas, gazebos, fences, walls, street
furniture, art, and sculpture.
19.3. Plant suitability, maintenance, and compatibility with site and construction features are
critical factors which should be considered. Plantings should be designed with repetition,
Paae 52 of 71
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structured patterns, and complimentary textures and colors, and should reinforce the overall
character of the area.
19.4. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or
other debris shall be removed from the Development and disposed of in accordance with
applicable law. No tree stumps, portions of tree trunks, or limbs shall be buried anywhere in the
Development. All dead or dying trees, standing or fallen, shall be removed from the
Development. If trees and limbs are reduced to chips, they may be used as mulch in landscaped
areas. Areas which are to remain as undeveloped open space shall be cleaned of all debris and
shall remain in their natural state.
19.5. Specimen trees not within a right-of-way, drive or 20 feet of the building footprint after
grading shall be protected and preserved. No material or temporary soil deposits shall be placed
within four feet of shrubs or within two feet of the drip line of trees designated to be retained.
Protective barriers or tree wells shall be installed around each plant and/or group of plants at the
drip line that are to be retained. Barriers shall not be supported by the plants they are protecting,
but shall be self-supporting. Barriers, such as snow fences, shall be a minimum of four feet high
and constructed of a durable material that will last until construction is completed.
19.6. Landscaping of the area of all cuts, fills, and/or terraces shall be sufficient to prevent
erosion, and all roadway slopes steeper that one foot vertically to three horizontally shall be
planted with ground covers appropriate for the purpose, soil conditions, water availability, and
environment.
19.7. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall
have at least a two and one-half-inch caliper and eight foot height at the time of planting unless
otherwise specified herein or otherwise indicated on the Landscape Plan. EvergreenExcevt as
otherwise Dfovided herein. everQ:reen trees shall be a minimum of three to four feet high at the
time of planting~~ and shrubs shall be two feet in height at the time of planting. All trees,
shrubs, and ground covers shall be planted according to accepted horticultural standards.
Landscaping materials shall be appropriate to local growing and climatic condition. Plant
material shall be nursery grown stock conforming to ANSI Z60.1 (American Standard for
Nursery Stock). No street trees in public rights of way or in common areas in the Village Center
shall be topped, tipped, or deformed; provided, however, that the foregoing shall not restrict
trimming such as that required by the Carmel Street Tree Regulations or trimming that may be
done in the common areas for aesthetic reasons or to avoid interference with utilitv lines and
facilities.
19.8. Within one year from the time of planting, all dead or dying plants in tree lawns or open
space, installed new, transplanted, or designated as existing trees to be retained on the Landscape
Plan, shall be replaced by the Developer or the lot owner. Trees or other vegetation in tree lawns
or open space which die after the first year shall be replaced by the Owners Association or the lot
owner.
19.9. Tree spacing, unless otherwise provided in this Ordinance, shall be determined by species
. type. Large maturing trees shall be planted a minimum of 30 feet and a maximum of 50 feet on
Paae 53 of 71
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center. Small maturing trees shall be planted a minimum of 10 feet and a maximum of 30 feet on
center.
19.10. Large maturing trees shall generally be planted along residential streets and along the
street frontages and perimeter of community area and parking lots.
19.11. Small maturing trees shall generally be planted along non-residential streets and the
interior portions of community area.
19.12. Shade trees shall be provided along each side of all streets in the District other than alleys
and passages. In locations where healthy and mature shade trees currently exist, new trees are
not required. The Developer shall be responsible for the provision of shade trees along the
principal streets and within open spaces abutting streets in the District. Each lot owner shall be
responsible for the provision of shade trees in the designated tree lawn upon or adjacent to the
owner's lot except to the extent the Developer has provided such trees.
19.12.1. Small maturin!:! trees may be planted in the medians of streets.
19.13. Street trees of a similar species should generally be grouped together and not intermixed
with trees of another species. Not more than 20 trees of the same species shall be planted in a
linear row or contained grouping except as otherwise indicated on the Landscape Plan. The trees
listed on Exhibit C shall not be planted in the District. No single species shall make up more than
15% of the total street tree population within each of the following areas: south of 131 st Street
and east of Towne Road; north of 131st Street; and west of Towne Road.
19.14. Garbage collection, recycling areas, and other utility areas in the Village Center and the
Peripheral Retail Area shall be screened around their perimeter by wood enclosures or by brick
walls, with a minimum height of seven feet, and shall extend on three sides of such an area, with
a wood gate or door on the fourth side. A landscaped planting strip a minimum of three feet
wide shall be located on three sides of such a facility. Planting material shall be separated from
the parking lots by appropriate curbing, but shall have ramp access to such facility for vehicles
and carts. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be
planted; the area between trees shall be planted with shrubs or ground cover, or covered with
mulch, decorative stone or other suitable materials.
Section 20. Detention and Retention Basins.
DetentionThe perimeter of detention and retention basins shall be
concrete flow channels; and rip rap
shall be screened with plant material and/or berms.
Headwalls,
Section 21. Li1!htiD!!.
. 21.1. Street lights shall be decorative and consistent with the Development Plan.
Paae 54 of 71
. 21.2. Along all commercial streets, parking areas, sidewalks, walkways, courtyards, and
community area in the Village Center, decorative lamp posts shall be provided at regular
intervals. Except as otherwise provided in Section 21.3, lamp posts shall not exceed 14 feet in
height and shall be spaced at no greater than 80 feet on center on both sides of a street. If
installed, lighting on residential streets may be confined to the intersections and comers. Light
poles and fixtures utilized in the District shall complement the predominant architectural theme
of the area where used.
21.3. In parking lots, post heights may be extended to a maximum of20 feet.
21.4. Porch light and yard post lighting shall be incorporated into the street lighting design.
21.5. Dusk to dawn alley lighting shall be provided by lot owners on all garages fronting alleys
or on poles adjacent to parking areas.
21.6. No accessory lighting on any lot shall cause illumination at or beyond the lot line in
excess of 0.1 footcandles of light.
21.7. ~Lighting of basketball and tennis court areas shall not create more than 5
footcandles of light 25 feet from the perimeter of the court.
.
21.8. Li!!htin!! in the Periuheral Retail Area shall comulv with the reauirements of Section
23C.12 Band C of the Zonin!! Ordinance.
Section 22. Fences and Walls.
22.1. Open wire mesh fences surrounding tennis courts may be erected to a height of 16 feet, if
such fences only enclose a regulation court area and standard apron areas.
22.2. Fences or walls enclosing (i) open, civic or recreational space or buildings, (ii) a
commercial lot (Hili) a commercial structure may not exceed a height of 10 feet.
22.3. Fences and walls shall be measured from the topmost point thereof to the ground adjacent
to the fence or wall; provided, however, that decorative caps or spires which extend above the
highest horizontal member of a fence or the top of a wall shall not be included in the
measurement of height.
22.4. Any fence placed upon an erected earth berm or masonry wall must govern its height as
measured to the ground adjacent to said earth berm or wall.
22.5. No fence or wall shall be constructed within a drainage easement so as to obstruct the
flow of water therein.
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Paae 55 of 71
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22.6. With respect to single-family residential structures (i) fences or walls in the front yard
shall not be more than five feet high, provided that entranceway and lot corners may be
articulated with larger (taller and fatter) posts or other embellishments, (ii) fencing may not
exceed six feet in height along rear and side yard lines and (iii) patio enclosures located in the
permitted building area of the lot may not exceed nine feet in height; if not so located, the
maximum height of patio enclosures is six feet.
Section 23. Plattine and Installation of Improvements.
23.1. The Development Plan, having incorporated preliminary plats for the Primary--af*l~ the
Secondary and the PeriDheral Retail Areas conforming to the requirements of Section 5.0 of the
Subdivision Control Ordinance, shall constitute an approved preliminary plat of the Primary~~
the Secondary and PeriDheral Retail Areas for all purposes of the Subdivision Control Ordinance.
23.2. Only those terms of the Subdivision Control Ordinance expressly referred to herein shall
govern development in the District. To the extent of any inconsistency between the terms of this
Ordinance and the terms of the Subdivision Control Ordinance, the terms of this Ordinance shall
govern.
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23.3. In the course of development within the District, the Developer shall comply with the
requirements of Section 5.4 of the Subdivision Control Ordinance. Except for subsection 5.5.1,
the provisions of Section 5.5 of the Subdivision Control Ordinance shall not be applicable to
final plats filed with respect to land in the District if the final plat substantially conforms to the
Development Plan.
23.4. In the course of development within the District, the Developer shall comply with the
requirements of Sections 5.6, 5.7, 8.2, 8.3 (subject to the provisions of Section 10 of this
Ordinance), 8.4, 8.5, 8.7 and 9.0 ofthe Subdivision Control Ordinance.
23.5. The Development may be platted in phases.
23.6. The Developer shall commence construction of the initial phase of the Development
within two years following the effective date of this Ordinance.
23.7. Upon providing such performance guarantees as may be required by Section 5.7.1 of the
Subdivision Control Ordinance, the Developer may commence construction of improvements in
the District at any time after the Development Plan is recorded; provided, however, that no
residential lot may be conveyed to a third person until a final plat depicting such lot has been
approved pursuant to this Section 23, and recorded.
23.8. The size, configuration and number of lots in a block shown on a final plat may vary
from the size, configuration and number of lots shown on the Development Plan.
23.9. Title to less than all of a lot may be conveyed for the purpose of establishing a building
site provided that the aggregate number of building sites in a block may not exceed the number
. of lots in such block depicted on the final plat.
Page 56 of 71
. 23.10. Title to portions of a Village Center Block or the Perioheral Retail Area may be conveyed
by a metes and bounds survey description as long as such portion complies with the area and
bulk regulations of Section 15 with respect to the intended use of such portion.
23.11. Grading, filling, excavating or any change in the grade of any property is permitted, but
shall not be detrimental to surrounding properties in appearance or in the diversion of
stormwater.
23.12. Temporary construction facilities are permitted to remain on a job site during all phases
of construction and must be removed within 30 days following the issuance of a certificate of
occupancy. No permit is necessary for temporary construction facilities except where
permanently connected to water and sewer utilities.
Section 24. Certification and Recordation of the Development Plan.
24.1. Within 30 days following adoption of this Ordinance, the Director of the Department
shall sign a mylar copy of the Development Plan, and deliver the signed Development Plan to the
Developer.
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24.2. The Developer shall record the signed Development Plan in the Office of the Recorder of
Hamilton County, Indiana, within 60 days following receipt of the signed Development Plan
from the Commission, and shall deliver a copy of the recorded Development Plan to the
Department. The Recorder shall return the originally recorded Development Plan to the
Department.
24.3. Approved modifications of the Development Plan shall be recorded by the Developer in
the Office of the Recorder of Hamilton County, Indiana, within 60 days following the approval
of such modification. Subsequent to recordation, the Developer shall deliver a copy of the
recorded modification to the Department.
Section 25. Improvement Location Permits.
25.1. Prior to commencement of construction e.fin the Primarv Area of a mixed-use structure. a
commercial structure. an apartment house~ efan attached dwelling (other than a duolex). a
vertical dwelling: or a senior housing: facilitv containing: a IITOSS floor area in
10.000 sauare feet (exclusive of any &H-€-h stmctureof the foreg:oing: structures the elevations of
which are included in the Development Plan), architectural plans, elevations, site plan and
landscaping plan for the proposed structure shall be presented to the Department as part of the
improvement location permit application. If the Department reasonably believes that the
proposed structure does not comply with the Development Requirements and the Design
Vocabulary, then the Department shall decline to issue an improvement location permit and, if
the applicant fails to make such revisions as the Department may deem necessary for
e compliance, the Department shall promptly refer the application to the Commission for a
Paae 57 of 71
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determination at its next meeting of compliance or non-compliance with the Development
Requirements and Design Vocabulary. The Department shall specifically detail in writing the
basis for its belief that the proposed structure does not comply with the Development
Requirements or Design Vocabulary. The Commission shall either approve, disapprove or
approve subject to conditions the referred application after affording the applicant an opportunity
to address the objections of the Department.
Section 26. Filine Fees.
The provisions of Division VIII of the Zoning Ordinance, to the extent applicable, shall apply to
development in the District.
Section 27. Commission Consents or Approvals.
27.1. Where the consent or approval of the Commission is required pursuant to the provisions
of this Ordinance, the request for such approval or consent shall be deemed a modification of the
Development Requirements and shall be processed in accordance with the provisions of Section
4.
27.2. In considering whether to grant its consent or approval, the Commission shall apply the
criteria set forth in Section 4.3.
Paae 58 of 71
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PASSED by the Common Council of the City of Carmel, Indiana, this day of
, ~2004. by a vote of _ ayes and _ nays.
COMMON COUNCIL
THE CITY OF CARMEL
Presiding Officer
'-Xl ayne \~/ilson Kevin Kirbv
Ronald E. Carter, President Pro TemDore
Brian D. Mavo
Fredrick J. Glaser
Mark Rattermann
JoseDh e. Griffiths
Richard L. Sham
ATTEST:
Diana L. Cordray, lAMe. Clerk-Treasurer
Paae 59 of 71
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Presented by me to the Mayor of the City of Carmel, Indiana on the
, ,2004.
day of
Diana L. Cordray, IAMC. Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _ day of
~2004
James Brainard, Mayor
ATTEST:
Diana
L.
Cordray,
Paae 60 of 71
Clerk- Treasurer
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EXHIBIT A
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Paae 2 of 71
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The
information and/ or prior surveys of the subject premises or its parent. Said real e~,tate is
described in a perimeter survey prepared by The Schneider Corporation as
follows:Village of WestClay
Land Description
The Southwest quarter of Section 28, part of the Southeast quarter of Section 29 and part of the
Northwest and Southwest quarters of Section 33 all in Township 18 North, Range 3 East of
Hamilton County, Indiana, and being described as follows:
Beginning at the Northeast comer of the Southwest quarter of said Section 28; thence on an
assumed bearing of South 00 degrees 01 minutes 09 seconds West along the East line of said
Southwest quarter a distance
.
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thence South 00 degrees 20 minutes 16 seconds East along the East line of the
Northwest quarter of Section 33 a distance of2632.10 feet to the Southeast comer thereof;
thence South 00 degrees 23 minutes 56 seconds East along the East line of the Southwest quarter
of said Section 33 a distance of 490.67 feet; thence South 89 degrees 20 minutes 46 seconds
West parallel with the North line of said Southwest quarter a distance of 1331.44 feet to the West
line of the East half of said Southwest quarter; thence North 00 degrees 25 minutes 30 seconds
West along said West line a distance of 442.67 feet to a point distant 48.00 feet South from the
Northwest comer of said half-quarter; thence South 89 degrees 20 minutes 46 seconds West
parallel with the North line of said Southwest quarter a distance of 1331.64 feet to the West line
of said Southwest quarter; thence North 00 degrees 27 minutes 03 seconds West along said West
line a distance of 48.00 feet to the Northwest comer of said Southwest quarter; thence North 00
degrees 27 minutes 13 seconds West along the West line of the Northwest quarter of Section 33
a distance of 1281.55 feet; thence North 89 degrees 20 minutes 46 seconds East parallel with the
South line of said Northwest quarter a distance of 1332.95 feet to the West line of the East half
of said Northwest quarter; thence North 00 degrees 23 minutes 44 seconds West along said West
line a distance of 1348.18 feet to the Northwest comer thereof; thence South 89 degrees 14
minutes 42 seconds West along the South line of the Southwest quarter of Section 28 a distance
of 1334.33 feet to the southwest comer thereof; thence South 88 degrees 51 minutes 10 seconds
West along the South line of the Southeast quarter of Section 29 a distance of 1351.40 feet to a
point hereinafter referred to as ::Point A@; thence North 01 degrees 08 minutes 50 seconds West
a distance of 8.00 feet; thence North 52 degrees 30 minutes 24 seconds East a distance of 14.45
feet; thence North 22 degrees 52 minutes 44 seconds East a distance of27.27 feet; thence North
Paae 3 of 71
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00 degrees 36 minutes 26 seconds West a distance of 1453.10 feet; thence South 89 degrees 13
minutes 03 seconds West a distance of 107.69 feet; thence North 00 degrees 00 minutes 53
seconds West a distance of 1138.44 feet to the North line of said Southeast quarter; thence North
89 degrees 13 minutes 03 seconds East along said North line a distance of 1443.58 feet to the
Northeast comer thereof; thence North 89 degrees 14 minutes 59 seconds East along the North
line of the Southwest quarter of Section 28 a distance of2678.68 feet to the Point of Beginning.
Containing: 380.683 acres. more or less.
of 1 ~41.43 feet to the Point of BC2inninl!. Containing: 21.923 acres. more or less.
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Also, Part of the Northwest and the Northeast Quarters of Section 28, Township 18 North, Range
3 East ofthe Second Principal Meridian, Hamilton County. Indiana. and being: described as
follows:
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Beginning at a railroad spike at the southwest comer of the east half of the northwest quarter;
thence North 00 degrees 00 minutes 08 seconds West along the west line of said half quarter
2631.74 to the northwest comer thereof; thence North 89 degrees 15 minutes 26 seconds East
along the north line of the Northwest Quarter 693.79 feet to a railroad spike at the northwest
comer of a tract of land described in a deed to Stumm, et aI, and recorded as instrument number
9601331 in the Office of the Recorder of Hamilton County; thence South 00 degrees 02 minutes
24 seconds East along the west line thereof and along the west line of a tract of land described in
a deed to Smith, recorded in Deed Book 154 page 17 a distance of 660.00 feet to a 5/8"x30"
rebar with yellow plastic cap marked "SCHNEIDER ENG FIRM #0001" (hereinafter referred to
as "REBAR/CAP") at the southwest comer of said Smith tract; thence North 89 degrees 15
minutes 26 seconds East along the south line thereof and along the south line of a tract of land
described in a deed to Toll, recorded in Deed Book 310 page 838 a distance of 594.00 to a
REBAR/CAP at the southeast comer of said Toll tract; thence North 00 degrees 02 minutes 24
seconds West along the east line thereof 329.99 feet to a REBAR/CAP on the westerly extension
of the south line of a tract of land described in a deed to Sullivan, recorded in Deed Book 327
page 646; thence North 89 degrees 14 minutes 34 seconds East along said extension and said
south line 211.43 to a REBAR/CAP at the southeast comer thereof; thence North 00 degrees 03
minutes 50 seconds West along the east line thereof 330.00 feet to a railroad spike on the north
line of the Northeast Quarter; thence North 89 degrees 14 minutes 34 seconds East along said
north line 120.00 feet to a railroad spike at the northwest comer ofa tract ofland described in a
Page 4 of 71
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deed to Stumm, recorded in Deed Book 281 page 412; thence South 00 degrees 03 minutes 50
seconds East along the west line thereof 330.00 feet to a REBARJCAP at the southwest corner
thereof; thence North 89 degrees 14 minutes 34 seconds East parallel with the north line of the
Northeast Quarter 1056.00 feet to the southeast comer of a tract of land described in a deed to
Frederick, recorded as instrument number 9545201, and on the east line of the west half of the
Northeast Quarter; thence South 00 degrees 03 minutes 50 seconds East along said east line
2030.77 feet to the northeast comer of a tract ofland described in a deed to Lasher, recorded as
instrument number 9213826; thence South 89 degrees 15 minutes 12 seconds West along the
north line thereof 130.00 feet to a REBARJCAP at the northwest comer thereof; thence South 00
degrees 03 minutes 50 seconds East along the west line of said Lasher tract 271.00 feet to a
railroad spike on the south line of the Northeast Quarter; thence South 89 degrees 15 minutes 12
seconds West along the south line of said quarter 365.00 feet to the a railroad spike at the
southeast corner of a tract of land described in a deed to Frank, recorded in Deed Book 163 page
280; thence North 00 degrees 04 minutes 33 seconds West 330.00 feet to the southeast comer of
a tract ofland described in a deed to Pierson, recorded as instrument number 9364918; thence
North 01 degrees 13 minutes 35 seconds East along the east line thereof 60.44 feet to a
REBARJCAP, thence the following thirteen (13) courses along the lines of said tract, nine (9) of
which are also along Elliott Creek; (1) North 27 degrees 36 minutes 44 seconds West 177.33
feet; (2) North 17 degrees 26 minutes 49 seconds West 57.75 feet; (3) North 06 degrees 33
minutes 38 seconds East 59.39 feet; (4) North 88 degrees 53 minutes 52 seconds West 380.61
feet; (5) North 54 degrees 23 minutes 18 seconds West 158.25 feet; (6) North 32 degrees 36
minutes 31 seconds West 96.43 feet; (7) North 08 degrees 48 minutes 39 seconds West 159.88
feet; (8) North 36 degrees 36 minutes 53 seconds West 43.86 feet; (9) North 56 degrees 59
minutes 39 seconds West 141.03 feet; (10) South 00 degrees 49 minutes 57 seconds East 725.49
feet; (11) South 73 degrees 29 minutes 19 seconds East 139.54 feet; (12) North 89 degrees 15
minutes 15 seconds East 50.00 feet; (13) South 01 degrees 00 minutes 58 seconds East 356.12
feet to a railroad spike on the south line ofthe Northeast Quarter; thence South 89 degrees 15
minutes 12 seconds West along the south line thereof 222.21 feet to a Stone in two boxes 1.2 feet
down at the southwest corner of the Northeast Quarter; thence South 89 degrees 14 minutes 59
seconds West along the south line of the Northwest Quarter 1339.34 feet to the Point of
Beginning. Containing 130.021 acres. more or less.
Also, paRPart of the Southeast Quarter of-sffi-Ei Section ;&928. T ownshio 18 North. Range 3 East
of the Second Princioal Meridian in Hamilton County. Indiana. and being described as follows:
Southeast Quarter: thence North 89 degrees 23 minutes 24 seconds East along the south line
thereof a distance of 2672.38 feet to the southeast corner thereof: thence North 00 degrees 07
minutes 17 seconds East along the east line of said Southeast Ouarter a distance of 2630.92 feet
. to the Northeast comer thereof: thence South 89 degrees 15 minutes 12 seconds West along the
.
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608.11 feet eastfrom the northwest comer of said Southeast Quarter: thence
South 00 de!!rees 15 minutes 45 seconds West a distance of 506.25 feet: thence South 89 de2:fees
29 minutes 11 seconds West a distance of 605.89 feet to the west line of said Southeast Quarter:
thence South 00 de2:fees 01 minutes 11 seconds West alon!! said west line a distance of 2120.73
feet to the Point of Be2innin2. Containin!! 154.34 acres. more or less.
Also. Part of the Southeast Quarter of the Northeast Quarter of Section 29. Township 18 North.
Ran!!e 3 East in Clay Township. Hamilton County. Indiana. and bein!! described as follows:
Be!!innin2 at the Southeast comer of the Northeast Quarter of Section 29. Township 18 North.
Ran!!e 3 East. thence South 89 de!!rees 13 minutes 03 seconds West (assumed bearin!!) alon!! the
south line of the Southeast Quarter of said Northeast Quarter a distance of 1328.06 feet to the
Southwest comer thereof. thence North 00 de2:fees 13 minutes 45 seconds West alon!! the west
line of said Quarter Ouarter a distance of 985.83 feet: thence North 89 de2:fees 12 minutes 53
seconds East parallel with the north line of said Quarter Ouarter: a distance of 1332.61 feet: to
the east line of said Quarter Quarter. thence South 00 de!!rees 02 minutes 07 seconds West alon!!
said east line of said Ouarter Ouarter a distance of 985.95 feet to the Point of be!!innin!!.
containin!! 30.107 acres. more or less.
~ontainin2. in all. 717.074 acres. more or less.
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EXHIBIT B
A part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East, of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly
described as follows:
Commencing at the Southeast comer of said Southeast Quarter Section; thence South 88 degrees
51 minutes 10 seconds West along the south line of said Southeast Quarter Section a distance of
1978.63 feet to the Point of Beginning at the southwesterly comer of a tract of land as described
in a Quitclaim Deed to Wendy M. Fortune recorded as Instrument Number 8915090 in the Office
of the Recorder of said County; thence continuing South 88 degrees 51 minutes 10 seconds West
along said south line a distance of 668.05 feet to the Southwest comer of said Southeast Quarter
Section; thence North 00 degrees 24 minutes 33 seconds West along the west line of said
Southeast Quarter Section a distance of 1437.39 feet to the southwesterly comer ofa tract ofland
as described in a Quitclaim Deed to John A. Smith and Donna L. Anderson recorded as
Instrument Number 9360403; thence North 88 degrees 29 minutes 35 seconds East along the
southerly line of said Smith-Anderson tract and the extension thereof a distance of 658.94 feet to
a northwesterly comer of the aforesaid Fortune tract; thence South 00 degrees 46 minutes 26
seconds East along the westerly line of said Fortune tract a distance of 1441.43 feet to the Point
of Beginning. Containing 21.923 acres, more or less.
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EXHIBIT C
Deciduous and Evergreen Trees Not Permitted:
Botanical Name (Common Name)
Acer Negundo (Box Elder)
Acer Saccharinum (Silver Maple)
Ailanthus Altissima (Tree of Heaven)
Asimina Triloba (Pawpaw)
Betula Papyrifera (Canoe Birch)
Betula Pendula (European Birch)
Carya Ovata (Shagbark Hickory)
Elaegnus Angustifolia (Russian Olive)
Fraxinus Species (Ash) 2
Ginkgo Biloba (Ginkgo) 3
Gleditsia Triacanthos (Honey Locust) 1
Juniperus Scopulorum (Western Red Cedar)
Juniperus Virginiana (Eastern Red Cedar) 4
Malus Species (Flowering Crabapples) 5
Morus Species (Mulberry)
Pinus Banksiana (Jack Pine)
Pinus Sylvestris (Scotch Pine)
Populus Species (Poplar)
Prunus Cerasifera (Cherry Plum)
Prunus Serotina (Wild Cherry)
ptelea Trifoliata rNafer Ash)
Rhamus Species (Buckthorn)
Robina Pseudoacacia (Black Locust)
Sorbus Species (Mountain Ash)
Evergreen and Deciduous Shrubs Not Permitted:
Botanical Name (Common Name)
Alnus Species (Alders)
Cephalanthus Occidentalis (Button bush)
Conicera Japonica (Japanese Honeysuckle)
Corontila Varia (Crown Vetch)
Corylus Species (Hazels)
Cotinus Coggygria (Smokebush)
Robina Hispida (Rose Acacia)
Rosa Multiflora (Multifora Rose)
. The plants listed above are considered poor and should not be used at this site. Each
plant listed either suffers from excessive insect problems (borers, aphids, etc.) thorns,
smell, fragility, undesirable fruit or other problems.
1. Fruiting and thorny varieties plus "shademaster", imperial, and "sunburst"
2. Seeding varieties only
3. Female only
4. Except for "canaertiil" variety
5. Only varieties highly susceptible to black spot, mites, rust, and fire blight
.
. INDS01 DRW 68951fut2
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ijg1fi/~ 15/04
ORDINANCE Z-330
(Amended _/_/2004)
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WESTCLA Y VILLAGE
PLANNED UNIT DEVELOPMENT
DISTRICT
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TABLE OF CONTENTS
Section
Legislative Intent................................. ........................................
Applicability of Ordinance .......... .......................... .............. ........
Definitions ...................................................................................
Modification of Development Requirements ..............................
Permitted Principal Uses.............................................................
Permitted Accessory Uses ........................... ................................
Residential Development...................................... .......................
Commercial Development...........................................................
Blocks ..........................................................................................
Streets......................................................................................... .
Open Space..................................................................................
Civic Space..................................................................................
Recreational Space......................................................................
Sidewalks and Paths....................................................................
Area and Bulk Regulations ............. .......... ................ ...................
Parking .........................................................................................
Loading and Service Areas................................ ........... ........ .........
Signs ....... ............ .......... .................................. .......... ..... ..............
Landscaping................................................................................ .
Detention and Retention Basins...... ............. ..... ...... ............... .......
Lighting .......................................................................................
Fences and Walls .........................................................................
Platting and Installation of Improvements ...................................
Certification and Recordation of the Development Plan .............
Improvement Location Permits...................................................
Filing Fees ....... ..... ... .............. ..... ................ ... ......... ......................
Commission Consents or Approvals ...........................................
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Sponsor: Councilor
ORDINANCE NO. Z-330
AN ORDINANCE ESTABLISHING THE WESTCLA Y VILLAGE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended
(the "Zoning Ordinance"), provides for the establishment of a PUD District in accordance with
the requirements ofIC 36-7-4-1500 et. seq.; and
WHEREAS, Ordinance No. Z-330 establishes the WestClay Village Planned Unit
Development District (the "District"); and
WHEREAS, the Carmel/Clay Plan Commission has recommended that Ordinance No. Z-
330 be amended and restated;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that, pursuant to IC 36-7-4-1500 et. seq., Ordinance No. Z-330 is amended and
restated as set forth below and as thus amended and restated constitutes an amendment to the
Zoning Ordinance.
Section 1. Legislative Intent.
Having given reasonable regard to the Comprehensive Plan and the other matters specified in
Section 31.6.4(4) of the Zoning Ordinance, and specifically to section 1.1.6, the intent of the
Council in adopting this Ordinance is to insure that the increased flexibility and design
specificity regulations over land development authorized herein is carried out under
administrative standards and procedures.
Section 2. Applicability of Ordinance.
2.1. The Official Zoning Map, a part of the Zoning Ordinance, is hereby changed to designate
the land described in Exhibit A as a planned unit development district.
2.2. Development in the District shall be governed entirely by the provIsIOns of this
Ordinance with the exception that provisions of the Subdivision Control Ordinance, the Zoning
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Ordinance and the Sign Ordinance specifically referenced within this Ordinance and as in effect
on the date hereof shall also apply.
2.3. This Ordinance, having met the requirements of IC 36-7 -4-702(b), constitutes the
subdivision control ordinance of the District.
Section 3. Definitions.
Unless otherwise stated, the following words shall, for the purpose of this Ordinance, have the
meaning herein indicated. Any word used in this Ordinance which is not defined herein and
which is defined in Section 3.0 of the Zoning Ordinance, Section 4.0 of the Subdivision Control
Ordinance or Section 01-2 of the Sign Ordinance shall, for the purpose of this Ordinance, have
the meaning defined therein, unless the context otherwise requires.
Accessory Building. A building subordinate to another structure or use located on the same lot.
An accessory building may also include public utilities; communication, electric distribution and
secondary power lines; gas, water and sewer lines; their supports and poles, guy wires, small
transformers, wire or cable and other incidental equipment and public telephone booths.
Accessory Dwelling. (See Dwelling).
Accessory Use. A use subordinate to the main use, located on the same lot or in the same
building as the main use, and incidental to the main use, or otherwise utilized for a use described
in the definition of "accessory building".
Alley. A private way or easement located through the interior of blocks and providing vehicular
and service access to the side or rear of properties.
Apartment. A dwelling intended primarily for rental.
Apartment House. (See Dwelling).
Arcade. A walkway or driveway adjacent to a building (or between buildings) which is covered
by a roof (which may be the second story of the building) but which is not fully enclosed, not
including a carport or other area intended for the sheltered parking of vehicles.
Architectural Review Board. The board established by a Declaration for the purpose of
reviewing the design of all structures proposed to be constructed in that part of the District
regulated by such Declaration.
Assisted Living Unit. (See Dwelling)
Bed and Breakfast. The renting of dwelling rooms or suites on a daily basis to tourists,
vacationers and business travelers where the only meal served is breakfast and it is available only
to guests.
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Blank Wall. An exterior building wall with no openings and generally constructed of a single
material, uniform texture, and on a single plane.
Buffer. An area within a property or site, generally adjacent to and parallel with the property
line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms,
and/or fences, and designed to limit views and sounds from the Development to adjacent
properties and vice versa.
Build-to Line. An alignment which dictates the maximum front yard setback from a street or
public right-of-way, to be followed by buildings or structures fronting thereon. The build-to line
does not apply to building projections or recesses. Where a build-to line is specified, the area
between the frontage line and the area forward of the build-to line specified in Section 9.1.B is
the required minimum front yard setback, subject to the variation permitted by Section 9 .1.B.
Build-up Line. An alignment which dictates an average height to the cornice line or to the roof
edge line on a street or space.
Building Height. The vertical distance from the highest finished grade relative to the street
frontage to the cornice line or to the roof edge line. The vertical distance from the cornice line or
roof edge to the parapet or roof ridge (including gables), and the height of towers, steeples,
cupolas and other architectural roof embellishments are not included in calculating building
height.
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Building Scale. The relationship between the mass of a building and its surroundings, including
the width of street, open space, and mass of surrounding buildings.
Caliper. The diameter of a tree trunk measured in inches, 6 inches above ground level for trees
up to 4 inches in diameter and measured 12 inches above ground level for trees over 4 inches in
diameter.
Cartway. The paved driving surface of a street or alley and any curbing.
Civic Building. A building or facility the use of which is principally devoted to civic uses.
Civic Space. The area occupied by a civic building, including the surrounding lawn, plaza or
courtyard, on-site parking and appurtenant structures.
Civic Uses. Uses intended to serve as a public gathering place. Such uses include governmental
offices, meeting halls, libraries, museums or galleries operated primarily for the display, rather
than the sale, of works of art, indoor or outdoor theaters, auditoriums or other buildings or
structures designed, intended or used primarily for musical, dance, dramatic or other live
performances, community buildings and facilities, churches or other places of worship or
meditation, colleges, schools and other public or private educational establishments, post offices,
day care centers, and other institutional and community-oriented uses.
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Close. An open space surrounded on all sides by cartways intended to afford vehicular access to,
and serve as a front space for, lots interior to a block.
Column. A vertical pillar or shaft, usually structural.
Commercial Block. Each of Commercial Blocks "A" through "I;C" in the Peripheral Retail Area
as depicted on the Development Plan.
Commercial Structure. A building containing one or more spaces utilized for a purpose
permitted by Sections 5.1 or 5.3(A).
Common Parking Lot. A parking lot or parking structure maintained by an Owners Association
and intended for use by the occupants of or visitors to a civic building, commercial structure or
an apartment house.
Community Area. Open space, civic space and recreational space located in the District.
Congregate Housing. (See Nursing, Retirement or Convalescent Facility)
Conservation Easement. An easement which complies with the requirements of the Indiana
Uniform Conservation Easement Act.
Context. The character of the buildings, streetscape, and neighborhood which surround a given
building or site.
Cornice. The top part of an entablature, usually molded and projecting.
Cupola. A small roof tower, usually rising from the roof ridge.
Curb Radius. For a mountable curb, the curved edge of the street at intersections, measured at
the front of the curb. For a chairback-type curb, measured at the back of the curb.
Day Care Center. Day care provided on less than a 24 hour basis for either children or adults,
according to the following limiting definitions:
Child Day Care Center. An individual, agency or organization providing supervision or
care on a regular basis for children who are not related by blood or marriage to, and who
are not the legal wards or foster children of, the supervising adult.
Adult Day Care Center. An individual, agency or organization providing supervision or
care on a regular basis for adults in a place other than their usual place of abode.
Declaration. A Declaration of Covenants and Restrictions for one or more phases of the
Development recorded in the Office of the Recorder of Hamilton County, Indiana, as the same
may be amended from time to time.
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Department. The Department of Community Services of the City of Carmel, Indiana.
Dependent Living Facility. Nursing homes, rest homes and homes for the aged facilities which
are designed for persons who need a wide range of health and support services, such as medical,
nursing and personal services care, central dining facilities and transportation services.
Design Vocabulary. Building guidelines and requirements including but not necessarily limited
to a code of architectural style and massing recommendations, building detail guidelines, listing
of acceptable materials and colors, and landscape and streetscape details adopted by a Developer
and applied by an Architectural Review Board in considering plans for structures to be
constructed in the Primary Areas or the Peripheral Retail Area. With respect to any commercial
structure, apartment house or attached dwelling to be constructed in the Primary or Peripheral
Retail Areas, the Design Vocabulary shall be the provisions of the "Village of WestClay
Building Guidelines and Requirements for Commercial Construction" dated July 13, 2004,
applicable to commercial structures, apartment houses and attached dwellings, as the case may
be, as the same may be modified from time to time with the approval of the Commission.
Developer. A person engaged in development of one or more phases of the Development.
Development. The land constituting the District as it may be developed in accordance with the
Development Requirements.
Development Guidelines. The non-binding developmental preferences set forth III this
Ordinance.
Development Plan. This Ordinance and the plan for the Development, including the primary
plat, all drawings and~ plans approved by the Commission, as the same may be modified from
time to time pursuant to Section 4.
Development Requirements. The Development Standards and the Development Plan.
Development Standards. The normative specific requirements for development in the District set
forth in this Ordinance.
District. The land described in Exhibit A attached hereto and incorporated herein.
Dwelling. A room or combination of rooms designed for year-round habitation, containing a
bathroom and kitchen facilities, and designed for or used as a permanent residence by at least
one person.
Detached dwelling. A dwelling that is developed with no party-walls and with open
yards on at least three sides, but not including manufactured homes, mobile homes,
modular homes or recreational or motor vehicles.
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Duplex. Two dwellings placed one on top of another or attached side by side and sharing
one or more common walls that are not part of a townhouse project that~ includes
three or more attached dwellings in a single row.
Attached dwelling. Rowhouse, townhouse, duplex, triplex, or quadriplex dwellings,
developed side by side for sale as condominiums, or as fee simple dwellings where land
is sold with the dwelling. Attached dwellings whether sold as condominiums or as
individually deeded lots are excluded from the definition of apartments.
Apartment house. More than four apartments placed one on top of another and/or side by
side and sharing common walls and common floors and ceilings, and which are located
on a Village Center Block or a single lot of record.
Accessory dwelling. A dwelling which is attached to or located on the same lot as a
detached or attached single family dwelling, has an independent means of access and is
owned by the owner of the principal dwelling but occupied by another. Accessory
dwellings include apartments integrated within or attached to single family dwellings, or
those located in attached or detached accessory buildings, such as garages, carriage
houses, or agricultural type outbuildings, located on the same lot as single family
dwellings.
Assisted living unit. A dwelling located in or constructed in association with, maintained
as part of and entitled to the benefits of a congregate housing facility.
Vertical dwellin2:. More than two dwellin2:s olaced on too of each other. Vertical
dwellin2:s which are develooed as condominiums are excluded from the definition of
aoartments.
Villa2:e Center loft. A dwellin2: located in a mixed-use structure.
Elderly Day Care Center. A building or space in a building and grounds used for the day care of
senior citizens exclusive of daily health-related care or services.
Elevation. An exterior facade of a structure, or its head-on view, or representation drawn with
no vanishing point, and used primarily for construction.
Eligible Title Holder. Developer, a non-profit corporation having perpetual existence, a religious
body organized to sustain religious ceremonies and purposes, a governmental body or the
operator of congregate housing.
Environmental Constraints. Features, natural resources, or land characteristics that are sensitive
to improvements and may require conservation measures or the application of creative
development techniques to prevent degradation of the environment, or may require limited
development, or in certain instances may preclude development.
Facade. A building face or wall.
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Facade Signage Area. The area or areas on a commercial building facade where signs may be
placed without disrupting facade composition. The signable area will often include panels at the
top of show windows, transoms over storefront doors and windows, sign boards on fascias, and
areas between the top of the storefront and the sills of second story windows.
Fenestration. Window and other openings on a building facade.
Fascia. A projecting flat horizontal member or molding, also part of a classical entablature.
Focal Point. (See Visual Termination).
Frontage Line. The property line adjacent to the street. In the case of a comer lot, that part of
the lot having the narrowest frontage on any street shall be considered the frontage line unless
otherwise indicated on an approved final plat.
Frontage Place. A permanent public or private way situated parallel to a street in order to
provide access to one or more lots.
Gable. That part of the end wall of a building between the eaves and a pitched or gambrel roof.
Gateway. A principal point of entrance into the Village Center.
Governmental Entity. The City of Carmel or County of Hamilton, as applicable
Gross Residential Density. The number of dwellings (exclusive of accessory dwellings and
Villa2:e Center lofts) in relation to the total land area in the District or such lesser area as may be
designated.
Home-based Office. An office incorporated in or attached to, or located on the same lot as, a
single-family detached dwelling from which a business activity is conducted on a substantially
regular basis; does not include an office used irregularly as a secondary facility away from a
principal place of business and is not a home occupation for purposes of this Ordinance.
Home-based Office Area. The Primary Area (MU).
Human Scale. The relationship between the dimensions of a building, structure, street, open
space, or streetscape element and the average dimensions of the human body.
Independent Living Facility. Congregate living facilities which are designed for the elderly or
disabled who do not require health and support services, such as medical and nursing care,
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central dining and transportation service, located on site. Each living unit may be self-contained
and is physically accessible to elderly or disabled persons. Distinguished from apartment
building(s) by the provision of some communal services.
Inn. A building or buildings containing individual rooms or suites for the purpose of providing
temporary lodging facilities to the general public for compensation, with meals, and which has
facilities for reservations and cleaning services, combined utilities and on-site management and
reception services.
Landscape Plan. The general design for landscaping in the District included as part of the
Development Plan.
Landscaping. Trees, shrubs, hedges, flowers, ground covers, grasses, other plant materials and
associated structures and improvements.
Large Lot. A lot having a width at the build-to line of 70 feet or greater measured along such
line.
Large Maturing Tree. A tree whose height is normally greater than 30 feet at maturity.
Maintenance Easement. A perpetual easement not less than three feet in width affording the
benefited person the right to enter on the land encumbered by the easement for the purpose of
undertaking maintenance, repair or rebuilding of a structure located on the lot owned by the
benefited person.
Masonry. Wall building material, such as brick or stone, which is laid up in small units.
Massing. The three-dimensional bulk of a structure: height, width, and depth.
Meeting House. The community building located in the Village Center and depicted on the
Development Plan.
Mixed Use. The combination of both commercial and residential uses, either rental or owner-
occupied~ within a single building of two or more stories.
Modification. A change to the Development Requirements approved pursuant to Section 4.
Modified Grid Street Pattern. An interconnected system of streets which is primarily a
rectilinear grid in pattern, modified in street layout and block shape as to avoid a monotonous
repetition of the basic streetlblock grid pattern.
Nursing, Retirement or Convalescent Facility. A facility or housing development in which an
agency, organization or individual provides care for three or more sick, disabled or aged persons
not related by blood or marriage to the operator. Such congregate care facilities are classified as
"dependent living facilities" or "independent living facilities" depending on the degree of support
services on site.
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Open Space. A parcel, or parcels, of land, an area of water, or a combination of land and water,
including flood plain and wetland areas within the Development designed and intended for the
use and enjoyment of some or all of the residents of the Development and, where designated, the
community at large. Except as otherwise provided herein, common open space does not include
any area which is divided into building lots, Village Center Blocks, streets (except the
landscaped medians of boulevards), rights of way (except tree lawns) or parking lots. The area
of parking facilities serving the activities in the open space and paths or sidewalks located
therein may be included in the required area computations.
Owners Association. An Indiana non-profit corporation whose members are owners of lots in
the District.
Parking Lot. An area, not within a building, where more than six motor vehicles may be parked
for the purposes of temporary, daily or overnight off-street parking.
Parking Lot, Large. A parking area containing 36 or more parking spaces.
Parking Lot. Small. A parking area containing 35 or fewer parking spaces.
Parking Space. An area permanently reserved for the temporary parking of one motor vehicle
and connected to a street or alley.
Parking Structure. A
designed to accommodate the parking of more than five (5) motor vehicles.
Passages. Ways upon which Commercial Structures front which afford access from a Common
Parking Lot to a Village Street or Boulevard (as defined in Sections 10-8 and 10-9 of this
Ordinance ).
Path. A paved or otherwise cleared way intended as a jogging trail or a bikeway located in open
space, an easement or a right-of-way.
Peripheral Retail Area. That part of the District lying HeFtfisouth and west of the intersection of
13Ist Street and Towne Road as more particularly delineated on the Development Plan.
Peripheral Retail Design Guidelines. The Design V ocabulary applicable to commercial
structures located in the Peripheral Retail Area.
Permitted Dwellings. The aggregate number of dwellings (exclusive of accessory dwellings and
Village Center lofts) which may be constructed in the District without exceeding the gross
residential density limitations for the District set forth in Section 7 of this Ordinance, whether or
not actually constructed.
Pilaster. A column partially embedded in a wall.
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Phase. Any land area, whether platted or unplatted, building or buildings designated by the
Developer in an application for approval of a plat or issuance of an improvement location permit.
Portico. An open sided structure attached to a building sheltering an entrance or serving as a
semi-enclosed space.
Premises Identification. The common street address of a building displayed in numerals.
Primary Area. That part of the District more particularly delineated on the Development Plan as
the "Primary Area." The Primary Area consists of three sub areas: Primary Area (MU), Primary
Area (RU) and Primary Area (SH)
Primary Area (SH). That part of the Primary Area delineated on the Development Plan and
containing primarily senior housing.
Primary Area (MU). That part of the Primary Area delineated on the Development Plan as
"Primary Area (MU)" and containing mixed uses.
Primary Area (RU). That part of the Primary Area delineated on the Development Plan as
"Primary Area (RU)" and containing primarily residential uses.
Principal Streets. Towne Road, 131st Street, Broad Street, Meeting House Road, Horseferry
Road and Glebe Street.
Proportion. The relationship or ratio between two dimensions, e.g. width of street to height of
building wall, or width to height of window.
Public Viewshed. That which is reasonably visible, under average conditions, to the average
observer from a street, civic space or open space.
Recreational Building. A building containing meeting or other facilities located in a recreational
space and intended for use in connection with the enjoyment of recreational space.
Recreational Space. An area of land or combination of land and water resources for public or
private use that is developed for active and/or passive recreational pursuits with various
manmade features that accommodate such activities. Such areas may constitute open space or
CIVIC space.
Rowhouse. (See Townhouse).
Secondary Area. That part of the District lying beyond the Primary Area as more particularly
delineated on the Development Plan.
Senior Housing. Dwellings designed principally for occupancy by persons older than 55 years,
including but not limited to assisted living units.
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Shared Parking Area. A parking lot located within 400 feet of the buildings whose owners,
occupants or visitors have a legally enforceable right to the use thereof established by a recorded
reciprocal access agreement, joint operating agreement or Declaration.
Sidewalk. A paved walkway provided for pedestrian use. If located at the side of a road within
a right-of-way, it may be separated from the cartway by a tree lawn.
Sidewalk Display. The outdoor display of merchandise for sale by a commercial establishment.
The displayed merchandise must be similar to the merchandise sold within the establishment.
Sight Triangle. The triangular area formed by the point of intersection of (a) street right-of-way
lines, or in the case of a rounded property comer, the street lines extended, or a right-of-way line
and an alley or driveway and (b) a point located along each right-of-way line (or an alley or
driveway) at a distance from the point of intersection equal to the greater of (i) the posted speed
limit for such street (e.g., 35 if the posted speed limit is 35 m.p.h.) or (ii) 25 feet.
Sign Area. The area of a sign is the area that encompasses all lettering but excludes structural
support or architectural design elements. The gross sign area of a sign with back-to-back
identical lettering mounted on the same structure is the total sign area on one (1) side of the sign.
For this purpose, "lettering" includes any commercial logo.
Sign, Comer. A projecting sign located on the comer of a commercial building, the signboard of
which is equally visible from each right-of-way which creates the comer.
Sign, Icon. A sign that illustrates, by its shape and graphics, the nature of the business conducted
within.
Sign Traffic. A sign directing traffic movement into or within the district, the wording, shape
and graphics of which shall, to the extent applicable, comply with the "Manual of Uniform
Traffic Control Devices" or as approved by the Governmental Entity.
Sign Fascia. The vertical surface of a lintel over a storefront which IS suitable for sIgn
attachment.
Sign Ordinance. Carmel/Clay Sign Ordinance, Z-302, as amended.
Small Lot. A lot having a width at the build-to line of less than 70 feet.
Small Maturing Tree. A tree whose height is normally less than 30 feet at maturity.
Specimen Tree. Any tree with a caliper of 18 inches or more.
Story. A habitable level within a building no more than 16 feet in height from floor to ceiling. A
basement, although wholly or partially habitable, is not a story unless more than 50 percent of
the basement elevation is above grade at the build-to line.
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Street Furniture. Functional elements of the streetscape, including but not limited to benches,
trash receptacles, planters, telephone booths, kiosks, sign posts, street lights, bollards, and
removable enclosures.
Streetscape. The built and planted elements of a street which define its character.
Subdivision Control Ordinance. Carmel/Clay Subdivision Control Ordinance, No. Z-160, as
amended.
Texture. The exterior finish of a surface, ranging from smooth to course.
Threshold Elements. Porches, stoops, stairs, balconies, eves, cornices, loggias, arcades,
chimneys, awnings, doors and windows which are placed at or near the build-to line, a side yard
line or a rear yard line and interface between the main body of the building and the street and/or
a property line.
Townhouse. Two or more dwellings, arranged side by side, separated by common walls, each
having more than one story.
Tree Lawn. A planting area located within or adjacent to the public right-of-way, typically
located between the curb and the sidewalk, and planted with ground cover and trees.
Trustees' Hall. The building intended for use by the Owners Association depicted on the
Development Plan.
Viewshed. (See Public Viewshed).
Village Center. The focal point of the Development within the Primary Area containing the
major civic and commercial space consisting of Blocks A through G and Lots 406 through 411
as more particularly delineated on the Development Plan.
Village Center Block. Each of Blocks A, B, C, D, E, F and G and Lots 406 through 411 (as a
group), as depicted on the Development Plan.
Villar:e Center Loft. (See Dwe]]jnr:).
Visual Termination. A point, surface, building, or structure terminating a vista or view, often at
the end of a straight street or coinciding with a bend.
Visually Impervious. A buffering or screening device which blocks the view to or from adjacent
sites by a discernible factor of at least 80 percent.
Zoning Ordinance. Carmel/Clay Zoning Ordinance Z-289, as amended from time to time.
Section 4. Modification of Development Requirements.
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4.1. The Commission may, upon petitIOn of the Developer, modify any Development
Requirements specified in this Ordinance other than those relating to the uses authorized in
Sections 5 and 6.
4.2. Modification of the Development Requirements requested by the Developer may be
approved by a hearing examiner or committee designated by the Commission, after a public
hearing held in accordance with the Commission's Rules of Procedure. However, any decision
of a hearing examiner or committee which approves or denies any requested modification may
be appealed by the Director or any interested party (including the Developer) to the Commission,
also in accordance with the Commission's Rules of Procedure.
4.3. Any proposed modification of the Development Requirements shall comply with the
following guidelines:
A. The modification shall be III harmony with the purpose and intent of this
Ordinance.
B. The modification shall not have an adverse impact on the physical, visual, or
spatial characteristics of the Development.
C. The modification shall not have an adverse impact on the streetscape and
neighborhood.
D.
The modification shall not result in configurations of lots or street systems which
shall be unreasonable or detract materially from the appearance of the
Development.
E. The modification shall not result in any danger to the public health, safety, or
welfare by making access to the dwellings by emergency vehicles more difficult,
by depriving adjoining properties of adequate light and air, or by violating the
other purposes for which this Ordinance was enacted as set forth in Section 1.
F. The minimum lot size of any lot to be created shall not be reduced below the
requirements of this Ordinance.
4.4. This Ordinance contains Development Standards, which are normative and set forth
specific requirements, and Development Guidelines, which suggest preferred solutions and are
only indicative. When applying the Development Standards and the Development Guidelines,
the Commission shall carefully weigh the specific circumstances surrounding the modification
petition and strive for development solutions that promote the spirit, intent and purposes of this
Ordinance.
4.5. If the Commission (acting through its hearing examiner or committee) determines that the
proposed modification will not have an adverse impact on development in the District, it shall
grant a modification of the Development Requirements. In granting modifications, the
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Commission may impose such conditions as will, III its reasonable judgment, secure the
objectives and purposes of this Ordinance.
Section 5. Permitted Principal Uses.
5.1. Primary Area (MU). The following uses are permitted in the Primary Area (MU) or parts
thereof, subject to the applicable Development Standards.
A. The following residential uses:
(1) detached dwellings
(2) attached dwellings
(3) apartments
(4) accessory dwellings
(5) congregate hom;ingVillage Center lofts
(6) Vertical dwellings
B. Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
C. Civic uses exceDt day care unless aDDroved bv the Commission.
D.
The following commercial uses:
(1) financial institutions, including drive-through banking facilities (provided
such are located at the rear of a lot) and exterior A TMs.
(2) offices, including general offices, professional offices and real estate
offices.
(3) retail sales of goods and services permitted in the B-5 and B-7 Districts
except those described in Section 23B.5 of the Zoning Ordinance (as in
effect on January 1, 1999) unless otherwise permitted by this Ordinance or
by the Commission.
(4) restaurants, except drive-through facilities.
(5) clinics or medical health centers.
E. Agricultural uses, except agri-business structures.
F. Public, semi-public and private recreational uses except shooting gallery, but
including bowling alley and/or billiard parlor if approved by the Commission.
G. Bed and breakfast establishment, having not more than 10 bedrooms or suites
each of which is not less than 200 square feet.
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H.
Inns, having not more than 100 bedrooms or suites each of which is not less than
200 square feet, provided that, unless authorized by the Commission, no such inns
shall be permitted in that part of the District lying west of Towne Road.
No more than one (1) bed and breakfast establishment and one (1) inn may be located in the
Primary Area (MU) without the approval of the Commission.
5.1.1 Primary Area (RU). The following uses are permitted in the Primary Area (RU) or parts
thereof, subject to the applicable Development Standards.
A. The following residential uses:
(1) single-family detached dwellings
(2) attached and vertical dwellings (not exceeding four family use)
(3) accessory dwellings
B. Recreational Developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ball fields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
C. Agricultural uses, except agri-business structures.
5.1.2. Primary Area (SH). The following uses are permitted in the Primary Area (SH) or parts
thereof, subject to the applicable Development Standards:
A. The following residential uses:
(1) single-family detached dwellings
(2) attached dwellings
(3) accessory dwellings
(4) congregate housing
ill vertical dwellings
B. Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ball fields, ball courts, playgrounds and
other recreational spaces and recreational buildings.
C. Civic uses
D. Commercial uses ancillary to congregate housing and intended primarily for the use
of visitors to and residents of congregate housing.
E. Agricultural uses, except agri-business structures.
5.2. Secondary Area. The following uses are permitted in the Secondary Area:
A. Large lot single-family detached dwellings.
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B.
Accessory dwellings.
C. Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
D.. Agricultural uses, except agri-business structures.
E. Churches or other places of worship, but only if located III that part of the
Secondary Area described in Exhibit B.
5.3. Peripheral Retail Area. The following uses are permitted in the Peripheral Retail Area:
A. The following commercial uses:
(1) financial institutions, including drive-thru teller service and exterior ATMs
(2) restaurants or fast food operations, including drive-thru window service
(3) grocery store (including customary ancillary uses such as flower shop and
bakery), including drive-thru window service
(4) drug store, including drive-thru window service
ill the sale of gasoline and other petroleum products exclusive of liquefied
petroleum gas and. as an accessory use only. the polishing, greasing, washing
or other cleaning, servicing or repairing of motor vehicles provided such
services are rendered within a fully enclosed service bay or shielded from
view from adjacent properties. Automobile body reoairs are not permitted.
!Ql (+)-convenience store (with or without gas sales)
ill wconvenience market
iID ~-9t-car wash
!2l ~package liquor store
aID fl-l+garden shop
!1U ~-video sales or rental
LUl ~}hardware store,
il12 sale of coffee. ice creams. baked goods or other food or drink oreoared for
consumotion on or off the premises. including drive-thru window service
~ any commercial use oermitted in the Village Center if the Commission
aODfoves such other use.
B. Civic Uses
C. All residential uses permitted in the Primary Area (MU).
D. Agricultural uses, except agri-business structures.
Section 6. Permitted Accessorv Uses.
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The following accessory uses are permitted in the District, subject to the applicable Development
Standards and obtaining all required permits:
6.1. Accessory uses, buildings or structures (including home occupations), subject to the
following conditions:
A. No accessory building shall be constructed upon a lot until the construction of the
main building has been actually commenced; and no accessory building shall be
used unless the main building on the lot is also being occupied for the intended
purposes. 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. No residential accessory building may be erected in front of a main building, or in
the required front yard on the side of a comer lot, unless the accessory building is
attached to the main building by a common wall.
C. A private residential garage or accessory building shall not exceed the living area
of the primary structure. The combined square footage of the residence, garage
and accessory building shall not exceed the maximum lot coverage allowed.
D. A private swimming pool shall comply with the requirements of Section 5.0(d)(2)
of the Zoning Ordinance.
E.
A private tennis court shall comply with the requirements of Section 5.0(d)(3) of
the Zoning Ordinance.
F. Accessory lighting on a residential lot shall not cause illumination at or beyond
any lot line in excess of 0.1 foot candles of light.
G. No private radio or television reception or transmitting tower or antenna shall be
located within 10 feet of a power transmission line. Satellite receiving antennas
shall comply with the requirements of Section 25.0(1) of the Zoning Ordinance.
H. No home occupation shall be permitted without the prior consent of the
Department and a permitted home occupation shall comply with all applicable
requirements of the Zoning Ordinance.
6.2. In the Home-based Office Area only, home-based offices, subject to the following
conditions:
A. The home-based office is (i) located in or attached to a single family detached
dwelling or (ii) located in a detached accessory building or garage typically
associated with such a dwelling.
B.
Medical, dental and real estate offices are not permitted as home-based offices.
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c.
Retail sales of goods may not be made from a home-based office.
D. In addition to the family occupying the dwelling to which the use of the home-
based office is accessory, there shall not be more than three outside employees in
the home-based office.
E. The employees and clients shall park in on-street curbside parking spaces or in a
rear or side yard parking area and shall not park in the driveway forward of the
front facade of the dwelling.
F. Signage is limited to one wall-mounted sign with a sign area not exceeding three
square feet.
G. The home-based office shall not exceed 1,000 square feet or 30 percent of the
total square footage of the dwelling if attached to or incorporated in the dwelling;
if located in an accessory building, the home-based office shall not exceed 1,000
square feet.
H. No outside storage or outside display is permitted.
I. All exterior aspects of the home-based office operation shall be consistent with
the residential character of the neighborhood.
6.3 In the Peripheral Retail Area, all accessory buildings and uses that are permitted by the
Zoning Ordinance with respect to uses specified in Section 5.3.
Section 7. Residential Development.
7.1. Without the approval of the Commission, the gross residential density in the District shall
not exceed U2.5 dwellings per acre, the gross residential density in the District exclusive of
senior housing not exceed dwellings
per acre and the gross residential density in the Secondary Area shall not exceed 1.3 dwellings
per acre.
7.2. Upon completion of the Development, the number of single family detached dwellings in
the District shall be at least 50 percent of the number of Permitted Dwellings (exclusive of senior
housing).
7.3. Apartment houses may be located only in the Village Center. Without the approval of the
Commission, apartments (exclusive of accessory dwellings) shall not constitute more than 16.52
percent of the number of Permitted Dwellings.
7.4. A mix of dwelling types may be distributed throughout the Primary Area. Different
dwelling types may be mixed in any distribution within any single block.
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7.5. Only large lot single-family detached dwellings and accessory dwellings shall be
permitted in the Secondary Area. Lots abutting the north property line of Claridge Farm or the
right-of-way of Hoover Road between the north and south property lines of Claridge Farm shall
be not less than 15,000 square feet in area.
7.6. Buildings in the Primary Area and the Peripheral Retail Area shall be designed In
conformance with the Design Vocabulary.
7.7. Accessory dwellings shall be limited to 1,000 square feet in floor area. A detached
accessory dwelling may be housed in a building containing only the dwelling or in a building
which contains the dwelling with garage, workshop, studio, home based office or similar use.
There shall not be more than one accessory dwelling located on a lot in addition to the single
family dwelling. An attached accessory dwelling shall be subordinate to the principal structure
characterized at a minimum by a lower ridge line.
7.8. Each apartment or owner-occupied dwelling in a mixed use structure or an apartment
house shall be a minimum of 725 square feet in gross floor
7.9. Front yards of attached dwellings may be unified into one common yard treated as a
single front yard for the entire building.
7.10. A maintenance easement shall be provided on a lot adjacent to a zero-lot line detached
dwelling. Roof overhangs may penetrate the easement on the adjacent lot to a maximum of two
feet, but the roof shall be so designed that water runoff from the zero-lot line dwelling is limited
to the easement area.
7.11. A dwelling may be utilized as a staffed model, including temporary sales office, during
the course of build-out of the Development, subject to the parking and signage requirements of
Sections 16 and 18. A Certificate of Occupancy shall be required before the model is placed in
servIce.
Section 8. Commercial Development.
8.1. Commercial and mixed use structures (exclusive of those associated with senior housing)
shall be located only in the Village Center and the Peripheral Retail Area. Commercial and
mixed use structures associated with senior housing are permitted in the Primary Area (SH).
8.2. Without the approval of the Commission, the aggregate square footage of commercial
space in mixed use or commercial structures in the Village Center and Periuheral Retail Area
shall not exceed ;]}..)(J274.800 square feet~ of
9~which not more than 100.000 SQuare feet shall be located in the Periuheral Retail Area.
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8.3.
rIntentionallvomitted]
8.4. rIntentionallv omittedl
8.5. Commercial uses may be mixed and integrated with dwellings and civic uses within the
Village Center, Peripheral Retail Area and Primary Area (SH).
8.6. Commercial uses in the Village Center, Primary Area (SH) and Peripheral Retail Area
may be contained in single-story or multi-story structures. Multi-story structures may contain
mixed uses
8.7. Restaurants in the Village Center and Peripheral Retail Area shall be permitted to operate
outdoor cafes on sidewalks and in courtyards, provided that pedestrian circulation and access to
store entrances are not impaired. An open pedestrian way of less than three (3) feet shall
constitute impairment. Immediately adjacent to the handicap ramp connecting a street to a
sidewalk or a path, a pedestrian way of no less than five (5) feet in width shall be provided.
8.8 Retail establishments in the Village Center shall be permitted to have sidewalk displays
of retail merchandise.
&*8.9. A landscaped buffer of not less than feet in width shall be established and
maintained along the e-aErHffi4.north and east boundaries of the Peripheral Retail Area as depicted
on the Landscape Plan. Such buffer shall constitute community area and shall be maintained by
an owners association. Landscaping shall meet the standards established by the Commission for
buffer yard "D" in Section 26.04.05 of the Zoning Ordinance.
~8.1 0 The buffer and landscaped planting area required by
&-f.+Section 8.9 may be penetrated by side walks, paths and entrance drives from adjacent roads
as depicted on the Development Plan.
~8.11. Buildings in the Peripheral Retail Area shall be designed in conformance with the
Peripheral Retail Area Design Guidelines.
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~8.l2. Unless the Department determines that such structure is depicted on the Development
Plan in substantially the form and style to be constructed, Commission approval of the
architectural design of the structure in accordance with the Commission procedures for ADLS
Amendment review shall be necessary prior to the (i) establishment of any commercial structure
in the Peripheral Retail Area; (ii) issuance of any Improvement Location Permit for a
commercial structure in the Peripheral Retail Area; (iii) erection, reconstruction or external
architectural alteration of any commercial structure in the Peripheral Retail Area; or (iv) the
changing of any site improvements pertaining to a commercial structure in the Peripheral Retail
Area. In considering an application therefor, the Commission shall determine whether the
proposed structure substantially complies with the Development Requirements and the
applicable Design Vocabulary. If the Commission determines that it does, it shall approve the
application for ADLS approval. If the Commission denies the application for ADLS approval, it
shall specifically detail in writing the basis for its belief that the proposed use or structure does
not comply with the Development Requirements and the applicable Design Vocabulary. An
applicant who has been denied may immediately apply for ADLS approval of a new plan for the
structure. A decision regarding ADLS approval or denial may be made by a hearing examiner or
committee designated by the Commission, after a public hearing held in accordance with the
Commission's Rules of Procedure. However, any decision of a hearing examiner or committee
which approves or denies any requested modification may be appealed by the Director or any
interested party (including the Developer) to the Commission, also in accordance with the
Commission's Rules of Procedure.
Section 9. Blocks.
9.1. The following standards and guidelines apply to blocks within the Primary Area:
A. Except as otherwise depicted on the Development Plan, streets shall be designed
to create blocks that are generally rectilinear in shape, a modified rectilinear
shape, or other distinct geometric shape, except where topographic or other
conditions necessitate a different configuration. Generally, blocks (other than
Village Center Blocks) should be designed to have a maximum length of 600 feet
unless bisected by an alley or pedestrian way. Alleys shall be permitted to bisect
blocks.
B.
The lots in each block shall be designated with a build-to line set forth on the
Secondary Plat or in another recorded instrument which shall establish the front
yard setback for the lots on the block. The build-to line shall not be closer to the
frontage line than the build-to line for the proposed uses established in Section 15.
A minimum of 70 percent of all buildings on the block shall sit back no further
than the build-to line, with the remaining 30 percent allowed to vary by being
further setback no greater than 75 percent of the distance from the frontage line to
the build-to line for residential or no further than the maximum setback for
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commercial uses. Buildings shall be allowed to come forward of the build-to line
by no greater than 25 percent of the distance between the frontage line and the
build-to line for residential structures and 50 percent of such distance for other
buildings.
C.
In order to eliminate the appearance of a standardized subdivision, lots are not
required to be uniform in size.
9.2. Except as otherwise depicted on the Development Plan, blocks in the Secondary Area
shall conform to the requirements of Section 6.4 of the Subdivision Control Ordinance.
9.3. Village Center Blocks may be utilized for any use permitted under Sections 5.1, 5.1.1 and
6.
9.4 Commercial Blocks may be utilized for any use permitted under Section 5.3.
Section 10. Streets.
10.1. Subject to the last sentence of this Section 10.1, the street layout and type (including
rights-of-way, cartways and curbing) within the District shall be as indicated on the
Development Plan, adapted as appropriate to the topography, unique natural features and
environmental constraints of the site. The street layout shall take into consideration the location
of the community focus, other open space areas, gateways, and vistas. Streets shown on the
Development Plan may be eliminated or relocated as part of an approved final plat to consolidate
blocks for development as long as there is no materially adverse impact on the flow of traffic
within the District.
10.2. Intentionally omitted
10.3. The street layout in the District may incorporate one or more of the street types described
on Table 10.3.
lOA. Alleys are ways which conform to the following requirements:
A. Minimum width of alley: See Table 10.3
B. Minimum width of cartway: See Table 10.3
C. Curbing is not required except at corners of intersections with other street types.
At such corner locations, curbing shall be required for the corner radius to the
path or sidewalk paralleling the intersecting street. A concrete apron may serve as
point of termination for the curb.
D. Utilities may be located within alleys.
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E.
An alley shall be a perpetual easement or private way and shall not be dedicated
to the public.
10.5. Closes incorporate streets which conform to the following requirements:
A. Minimum right-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
D. Open space between cartways shall not be less than 20 feet.
F. Closes shall not exceed 600 feet in depth from the nearest street providing
through access.
Table 10.3
Village of West Clay Street Types
Street Designation Label ROW Cartway Design Design CL Stop Curb
Types ADT Speed Radius Sight Radius
Distance
Alley Alley AL- 20 20 12 <350 5 10 50 5
Frontage Alley AL-20P 20 16 <350 5 25 50 15
Place
Closes Alley AL22- P 22 18 <350 5 25 50 15
Passages Alley AL-34P 34 18 <350 10 25 50 15
Drive Road RD-50P 50 24 <5,000 20 90 110 15
Street Street ST -50P 50 24 <10,000 20 90 110 15
Corridor
Village A venue A V -50P 50 24 <15,000 20 90 110 15
Street
Blvd. Blvd. BV-60P 60 Per Sec <15,000 20 150 150 20
10.9
10.6. Frontage places are streets which conform to the following requirements:
A. Minimum right-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
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C. Curbing is not required.
D.
An open space (which may be located in the right-of-way) at least lO feet in width
shall separate the frontage place from the parallel street cartway.
E. Frontage places shall be neither less than 250 feet nor in excess of 800 feet in
length between parallel street access points except where the total length of the
frontage place is less than 250 feet.
lO.7. Passages are streets which conform to the following requirements:
A. Minimum right-of-way width: See Table lO.3
B. Minimum width of cartway: See Table lO.3
C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
lO.8. Village streets, street corridors and drives are streets which conform to the following
requirements:
A. Minimum right-of-way width: See Table lO.3
B.
Minimum width of cartway: See Table lO.3
C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
lO.9. Boulevards are streets which conform to the following requirements:
A. Minimum right-of-way width: See Table lO.3
B. Width of cartway: two cartways, each 12 to 32 feet wide, on either side of a tree
lawn a minimum of 8 feet in width.
C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
lO.lO. No planting, structure, sign, fence, wall, man-made berm, or other obstruction to vision
shall be installed, constructed, set out, or maintained so as to obstruct cross-visibility in the sight
triangle between 30 inches and 72 inches above the level of the center of the street intersection,
except that the limitations of this section shall not apply in the instances noted below, so long as
adequate visibility is maintained relative to intended speed limit:
A. existing natural grades;
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B.
trees trimmed such that no limbs or foliage extend into the area between 30 and
72 inches above the level of the adjacent intersection;
C. fire hydrants, public utility poles, street markers, government sIgns, electrical
junction boxes, and traffic control devices;
D. buildings located in the Primary Area or the Peripheral Retail Area;
E. the approved and intentional use of traffic calming techniques to reduce speed;
these include, but are not limited to: a series of hill crests, intersection diverters,
and curb bulbs.
10.11. The minimum street grade shall be 0.50 percent and the maximum street grade shall be
seven percent.
10.12. With the approval of the Commission, streets within the District may be private.
10.13. All streets within the District which are to be dedicated for public use and accepted for
maintenance by the City of Carmel or the Board of Commissioners of Hamilton County shall be
constructed to the standards of the City of Carmel or the Hamilton County Highway Department,
as applicable at the time of construction, for depth and materials.
10.14. All streets in the District which do not conform to the requirements for the street types
permitted by this Ordinance shall comply with the requirements of the Subdivision Control
Ordinance.
10.15. A street may be separated from another street by an "eyebrow" median. An eyebrow is a
variation of a close, with a less pronounced "U", and shall conform to the design guidelines for
alleys.
10.16. Diagonal parking is permitted if the right -of-way allocated thereto is not less than 18 feet
wide and the adjacent cartway is not less than 12 feet wide.
10.17. The area of the right-of-way allocated to parking, cartway and tree lawn area (or median)
may vary along the length of a boulevard.
Section 11. Open Space.
11.1. Not less than 20 percent of the land in the District shall be allocated to and shall remain
in open space in perpetuity. Open space shall be restricted by a Declaration to prohibit future
subdivisions or development. Open space shall be used for social, recreational, and/or
environmental preservation purposes. The uses authorized must be appropriate to the character
of the open space, including its topography, size, and vegetation.
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11.2. Open space in the District shall generally be of the size and configuration and in the
e locations depicted on the Development Plan.
11.3. Open space containing existing attractive or unique natural features, such as streams,
creeks, ponds, woodlands, specimen trees, and other areas of mature vegetation worthy of
preservation shall generally be left unimproved and in a natural state. The Developer may make
improvements such as the cutting of trails for walking or jogging, the provision of picnic areas,
removal of dead or diseased trees, thinning of trees or other vegetation to encourage more
desirable growth, and grading and seeding.
11.4. Open space may be used for public and semi-public recreation, social and educational
purposes.
1l.5. Recreational and civic buildings, structures, and improvements (for example, the Meeting
House, Trustees Hall, picnic structures, ballfields, playground equipment and gazebos) may be
constructed in the open space.
11.6. An Owners Association shall establish a reserve fund for the maintenance and repair of
the open space to which it has title and shall maintain such fund at an amount which is
reasonable in relationship to anticipated expenditures.
Section 12. Civic Space.
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12.1. Civic spaces in the Primary Area shall be located primarily in and adjacent to the Village
Center.
12.2. University Green and the Meeting House Green shall be developed as civic space.
12.3. Parking for civic buildings shall utilize on-street parking to the extent possible. If
additional off-street parking is required, it shall be located in the rear or to the side of the civic
building and screened from the viewshed of the street, or accommodated in off-site parking
facilities complying with Section 16.
12.4. The lawn, plaza or courtyard surrounding a civic building may also qualify as open space.
Section 13. Recreational Space.
13.1. Not less than two percent of the Development or 450 square feet per dwelling (exclusive
of accessory dwellings and assisted living units) in the Development shall be dedicated as
recreational space.
13.2. Recreational space may be distributed throughout the District.
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13.3. Paths shall constitute recreational space.
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13.4. A private recreational development or facility shall constitute recreational space if the use
thereof is generally available to residents of the District upon payment of a membership or use
fee.
13.5. Recreational space may include ball fields and ball courts, pools and other recreational
facilities, whether or not enclosed in buildings.
13.6. Recreational space shall not include any recreational facility located entirely on a
residential lot.
13.7. Recreational space may also qualify as open space
Section 14. Sidewalks and Paths.
14.1. Sidewalks shall be provided on both sides of all streets in the District other than alleys,
closes and frontage places, and on one side of closes and frontage places, unless otherwise
shown on the Development Plan and except that: (a) a paved pathway on one side only of
Meeting House Road from Hoover Road to Colfax Circle may be substituted for otherwise
required sidewalks and (b) if an open space abuts a street, a path in such open space may be
substituted for a sidewalk. A sidewalk shall be provided on the side of the cartway within a
close or adjacent to that side of a frontage place upon which lots front. The pedestrian circulation
system within the Primary Area shall include gathering/sitting areas and provide benches,
landscaping, and other street furniture where appropriate.
14.2. Sidewalks shall be a minimum of four feet in width in predominantly residential areas;
sidewalks along commercial structures in the Village Center and in the Peripheral Retail Area
shall be a minimum of eight feet in width. Sidewalks in the Village Center shall be constructed
of brick, slate, colored/textured concrete pavers, concrete, concrete containing accents of brick,
or some combination thereof or reasonable alternatives thereto that are compatible with the style,
materials, colors, and details of the surrounding buildings. The functional, visual, and tactile
properties of the paving materials shall be appropriate to the proposed functions of pedestrian
circulation.
14.3. Paths shall be provided, where feasible, to link open space areas. Paths shall be a
minimum of six feet wide and shall be surfaced, paved or improved with materials approved as
part of the secondary plat process.
14.4. Bike racks shall be provided in the Village Center, the Peripheral Retail Area and in
community areas located elsewhere in the Development.
14.5. Sidewalks in the Primary Area and the Peripheral Retail Area may be penetrated by tree
lawns and/or planting areas.
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Section 15. Area and Bulk Re2ulations.
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15.1. Large lot single family detached dwellings in the Primary Area.
A. Minimum lot area: 8,400 square feet
B. Minimum lot width at build-to line: 70 feet
C. Minimum lot depth: 120 feet
D. Minimum yard dimensions
Build-to line: 20 feet unless otherwise specified on an approved final
plat
Front yard: minimum of 10 feet
Side yard: minimum of 5 feet per side; aggregate 15 feet
Rear yard: 20 feet (12 feet if access is available from an alley)
E. Maximum building height: 35 feet
F. Maximum building coverage: 50 percent
G. Garage required
15.2. Large lot single family detached dwellings in the Secondary Area shall comply with the
area and bulk regulations established for the R-2 District in the Zoning Ordinance, except as
provided in Section 7.5 of this Ordinance and except as follows:
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A.
B.
C.
D.
E.
F.
G.
Minimum lot width at the building setback line: 70 feet.
Maximum building height: 35 feet.
Minimum front yard: 20 feet.
Minimum rear yard: 20 feet (12 feet if access is available from an alley)
Maximum building coverage: 50 percent.
Minimum ground floor area for a one-story dwelling: 2,000 square feet.
Minimum ground floor area for a two-story dwelling: 1,200 square feet.
15.3. Small lot single family detached dwellings.
A. Lot area: a minimum of 3,500 square feet
B. Lot width at build-to line: minimum of 32 feet and a maximum of 69 feet
C. Minimum lot depth: 90 feet
D. Yard dimensions:
Build-to line: 10 feet unless otherwise specified on an approved final
plat
Front yard: minimum of 0 feet; maximum of 25 feet
Side yard: Aggregate 20 percent of the width of the lot at build-to line;
minimum (one side only) of feet
Rear yard: 12 feet
E. Maximum building height: 30 feet
F. Maximum building coverage: 60 percent
G. Garage required; alley required
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15.3.1. Senior housing detached dwellings.
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A.
B.
e.
D.
Lot area: a minimum of 3,000 square feet
Lot width at the build-to line: a minimum of 30 feet
Minimum lot depth: 80 feet
Yard dimensions:
Build-to line:
Front yard:
Side yard:
E.
F.
G.
10 feet unless otherwise specified on an approved final plat
minimum of 0 feet; maximum of 20 feet
aggregate 20 percent of the width of the lot at build-to line;
minimum (one side only) of~~ feet.
Rear yard: minimum of 20 feet (12 feet if access is from an alley).
Maximum building height: 30 feet
Maximum building coverage: 60 percent
Garage required; alley optional
15.3.2. Con!!re!!ate Housing in the Primarv Area (SH)
A. Lot area: a minimum of 15.000 SQuare feet
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E.
F.
G.
15.4. Duplex.
B.
e.
D.
Lot width at the build-to line: a minimum of 100 feet
Minimum lot depth: 150 feet
Yard dimensions:
Build-to line: 10 feet unless otherwise specified on an approved final plat
or other recorded instrument.
Front yard: minimum of 10 feet: maximum of 25 feet
Side vard: 10 feet.
Rear yard: 10 feet.
Maximum buildin!! hei!!ht: 40 feet
Maximum buildin!! covera!!e: 90 percent
All off--street parkin!! must be interior to the buildin!!. in rear yards. screened side
yards or in common parkin!! lots complyin!! with Section 16.
A. Lot area: minimum of 2,800 square feet per dwelling
B. Lot width at build-to line: minimum of 30 feet per dwelling
e. Minimum lot depth: 90 feet
D. Yard dimensions
Build-to line: 15 feet or as otherwise specified on an approved final plat
Front yard: minimum of 0 feet and a maximum of 20 feet
Side yard (one side only): minimum of 5 feet
Rear yard: minimum of 20 feet (12 feet if access is available from an
alley)
E. Maximum building height: 30 feet
F. Maximum building coverage: 50 percent
G. Garage required; alley optional
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15.5. Attached Dwellings Other Than Duplexes
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A.
B.
Lot area: minimum of 1,500 square feet per dwelling
Lot width at build-to line: a minimum of 18 feet per dwelling and a maximum of
45 feet per dwelling
Minimum lot depth: 70 feet
Yard dimensions
Build-to line: 10 feet or as otherwise specified on an approved final plat
Front yard: a minimum of 0 feet and a maximum of 20 feet
Side yard (each end ofrow): minimum of 6 feet, maximum of 25 feet
Rear yard: a minimum of 20 feet
Maximum building height: 40 feet
Maximum building coverage: 60 percent
Garage and alley required except as otherwise provided in Section 16.5.
C.
D.
E.
F.
G.
15.6. Accessory Dwellings.
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A. Except as otherwise provided in this Ordinance, an accessory dwelling, whether
attached to or detached from the principal dwelling, shall comply with the
standards specified in this Section 15 for the principal dwelling.
B. The maximum building height of an accessory dwelling is 30 feet if accessory to a
large lot single-family detached dwelling or a townhouse and 25 feet if accessory
to any other type of dwelling.
15.7. Apartment House.
A. Minimum lot area: 3,600 square feet
B. Lot width at build-to line: minimum of 30 feet
C. Lot depth: a minimum of 100 feet
D. Yard dimensions
Build-to line: 10 feet or as otherwise specified on an approved final plat
Front yard: minimum of 0 feet and a maximum of 20 feet
Side yard (each side): minimum of 5 feet
Rear yard: minimum of 20 feet unless located on a Village Center Block
or adjacent to a common parking lot, in which event a minimum of 7 feet
E. Maximum building height: 40 feet
F. Maximum building coverage: 60 percent
G. Minimum apartment size: 750 square feet
H. On site parking at rear of Lot required; supplemental screened side yard parking
permitted
15.8. Commercial Uses~~~ Mixed-Use and Vertical Dwe11ing Buildings in the Primary Area.
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A.
B.
C.
Lot area: minimum of 1,000 square feet
Lot width at build-to line: minimum of 25 feet
Minimum lot depth: 40 feet
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D.
Yard dimensions
Build-to line (unless otherwise indicated on an approved final plat or
in another recorded instrument)
feet
Front yard: a minimum of 0 feet, a maximum of B20 feet
Side yard: none
Rear yard: a minimum of 20 feet unless abutting a common parking lot, in
which event no rear yard is required
E. Maximum building height: 50 feet
F. Maximum building coverage: 100 percent
G. All off-street parking must be to rear, in screened side yards or III common
parking lots complying with Section 16.
15.8.1 Commercial uses in the Peripheral Retail Area.
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A.
B.
C.
D.
Lot area: minimum of 5,000 square feet
Lot width at the build-to line: 50 feet
Minimum lot depth: 100 feet
Yard dimensions:
Build-to line: 10 feet unless otherwise indicated on an approved final plat
or in another recorded instrument.
Front: 10 feet
Side: 10 feet
Rear: 10 feet
Maximum building height: 40 feet
On-site parking must comply with the requirements of Section 16.1
E.
F.
15.9. Civic Buildings (Exclusive of Day Care), Bed and Breakfast Establishments and Inns not
located in a Community Area.
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E.
A.
B.
C.
D.
Lot area: a minimum of 5,000 square feet
Lot width at build-to line: a minimum of 50 feet
Minimum lot depth: 110 feet
Yard dimensions
Build-to line
Community facilities, bed and breakfast establishments and inns:
15 feet
Religious: 25 feet
Institutional: 20 feet
Front yard: minimum of 10 feet
Side yard (each side): minimum of 15 feet
Rear yard: a minimum of 20 feet unless abutting a common parking lot, in
which event no rear yard is required
Maximum building height: 50 feet if in the Village Center: otherwise. 45 feet.
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F.
G.
Maximum building coverage: 60 percent
All required off-street parking must be in the rear yards, screened side yards or in
common parking lots complying with Section 16.
15.10. Commercial Child Day Care and Elderly Day Care Facilities: as required by the Zoning
Ordinance (exclusive of Section 25.0 thereof) to the extent not inconsistent with the specific
provisions of this Ordinance. No front or side yard setback shall be required, but a rear yard of
not less than 20 feet will be required unless abutting a common parking lot, in which event no
rear yard is required.
15.11. Accessory buildings may be located in the rear yard and in the side yard behind the rear
facade of the principal structure. Residential garages, whether attached or unattached to the
principal dwelling structure, may be located in a rear yard if access thereto is afforded from an
alley. An accessory building (including accessory dwellings) located in the Secondary Area may
not exceed 25 feet in height. Accessory buildings (including accessory dwellings) located
elsewhere in the District shall not exceed 35 feet in height.
15.12. Threshold elements may encroach into a front or side yard and shall not count against lot
coverage limitations. In addition, architectural features such as cornices, eaves, bays, sills, belt
courses, awnings, stoops, stairs, balconies, chimneys, gutters and fire escapes may encroach into
an established or required yard up to (i) five feet if the lot is located in the Primary Area and (ii)
three feet in the Secondary Area.
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15.13. Lots may be consolidated as building sites, in which event the yard dimensions shall be
applied to the consolidated building site and setbacks measured from the exterior lot lines of the
consolidated building site.
15.14. Accessory uses such as public utility installations, private walks, driveways, retaining
walls, mail boxes, nameplates, lighting fixtures, patios at grade, birdbaths and structures of a like
nature are permitted in any required front, side or rear yard.
15.15. Where gasoline sales are permitted, pumps and light standards may be located in any
yard.
15.16. Fences and walls may be located in any yard subject to the provisions of Section 22.
15.17. Signs may be located in an established front setback or a side yard abutting a street as
permitted by Section 18.
15.18. Off-street parking areas, maneuvering areas for parking and loading areas are prohibited
in the established front building setback, in any established side yard abutting a street and in any
required buffer or screen except as otherwise provided in this Ordinance. This restriction shall
not apply to:
A.
a driveway which crosses a front or side yard, buffer or screen to provide access
from the street to a parking area; or
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B.
an individual driveway, including conventional appurtenances thereto such as
basketball goals, designed also to serve as a parking area for a dwelling; or
C. plazas associated with civic buildings that have been designed for occasional use
as secondary parking areas; or
D. civic spaces or recreational spaces; or
E. the Peripheral Retail Area except as to the buffers required by
~l-+~;Section 8.9.
15.19. Except as otherwise provided in this Ordinance, no outdoor storage of goods and
materials or refuse containers shall be located in any established setback or established yard
abutting a street, nor in any required buffer or screen, except for the temporary placement of
refuse for scheduled curbside collection.
15.20. Terraces which do not extend above the level of ground (first) floor may project into a
required yard, provided these projections are located at least two feet from the adjacent side lot
line.
15.21. Lot width shall be measured along the build-to line or building set-back line, as
applicable. Required yards shall be measured from lot lines.
Section 16. Parkin2.
16.1. Off-street parking shall be provided on site, in cornmon parking lots, shared parking
areas, parking structures or garages according to minimum requirements as specified
below:
Use
ReQuired Off-Street Parkin2
Detached single family
Two spaces per dwelling
Attached dwellings
One space per first bedroom, plus half of a space per each
additional bedroom
Apartment
dwellings
lofts*
vertical One space per first bedroom, plus three-fourths of a space
Center for second bedroom and one-half space for each additional
bedroom
house.
and Village
Accessory dwellings
One space
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Retail in the Primary Area *
One space for the first 1,000 square feet of gross floor area
and one space for each additional 750 square feet of gross
floor area
Commercial in the
Peripheral Retail Area*
Financial institutions: one space per 300 square feet of
gross floor area except to the extent of available adjacent
on-street parking spaces.
Restaurants or fast-food operations with drive-thru: one
space per 75 square feet of gross floor area.
Grocery: one space per 250 square feet of gross floor area.
Drug store: one space per 375 square feet of gross floor
area.
Convenience store or market: one space per 250 square
feet of gross floor area.
Office uses *
One space for each 500 square feet of gross floor area
Institutional/Churches
One space for each six seats in the main place of assembly
Meeting House
None
Recreation buildings
One space per 500 square feet of gross floor area
Trustees Hall
None
Day Care Center*
One space per employee and one space per 10 children
Elder Care Center*
One space per employee and one space per 10 senior
citizens
Bed and Breakfast
One space per bedroom or suite
Inn
One space per bedroom or suite
Other Permitted Uses
As specified in the Zoning Ordinance
* Additional required parking spaces for such uses may be provided by on-street parking. The
aggregate required number of-parking spaces in the Primary Area for retail, offices and
apartments. vertical dwellings and Village Center Lofts (on-street and off-street) in the Primary
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Area is one parking space per 450 square feet for retail, one parking space per 300 square feet for
offices and one parking space per bedroom for apartments. vertical dwellings and Village Center
lofts. The aggregate number of required number of parking spaces for day care and elder care
centers (on-street and off-street) is one space per employee and one space for each six children or
senior citizens. The aggregate required number of parking spaces per permitted use in the
Peripheral Retail Area (on-street and off-street) is that number required for the use by Section
27.05 of the Zoning Ordinance except that the aggregate required number of parking spaces for a
grocery or a restaurant or fast food operation with drive-thru is the number specified above.
16.2. Off-street parking for commercial uses shall be sufficient to provide parking for the
employees of all proposed uses as well as long-term customer parking. Spaces reserved for
employees should be designated by means of striping and/or signage. Off-street parking lots on
commercial lots in the Primary Area other than those designated solely for parking purposes
shall be prohibited in any front yard setback area, shall be located at the rear or to the side of
buildings and, where feasible, shall be accessed by means of common driveways, preferably
from side streets or alleys. Such lots may be interconnected with parking lots on adjacent
properties. Cross-access easements for adjacent lots with interconnected parking lots shall be
provided. Common, shared parking facilities are encouraged, where feasible.
16.3. Off-street parking in the District may be accommodated on lots utilized exclusively for
such purpose, including common parking lots, shared parking areas and lots improved with
parking structures.. Such lots shall be landscaped, buffered or screened as required by Sections
16.8(G), 16.9 and 16.15 of this Ordinance, as applicable.
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16.4 Unless otherwise agreed by the Commission, parking structures may only be located on
the interior of Village Center
16.5. With the exception of detached single family dwellings and duplexes, driveways shall be
prohibited in any residential front yard area. For other dwellings driveway access shall be
provided from alleys or side yard entry. A driveway shared by dwellings on two adjacent lots
may be located with the driveway center line on the common side lot line. An accessory
dwelling shall not be served by a driveway separate from that serving the principal dwelling
unless the accessory dwelling is accessed from a rear alley and the principal dwelling is accessed
from a street. Parking for townhouses and attached senior housing dwellings shall be provided in
a common off-street parking area or in garages or parking spaces with access from an alley.
Townhouse garages must be located in the back of the structure or in a rear yard. A driveway
affording access to the rear yard of a townhouse may connect to a street if it passes through an
arcade. Parking for apartments may be located in a parking lot located on a lot other than that
containing the apartment house, but within 400 feet of an apartment house entrance.
16.6. On-street parking approved by the government entity having jurisdiction over the public
right-of-way may be counted toward all or part of the parking requirement for the use made of a
lot.
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16.7. If access to a garage is provided from a street, the front entrance of such a garage shall sit
back a minimum of 10 feet from the front facade of the dwelling. A garage shall be set back the
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greater of (i) three feet from the rear property line or (ii) five feet from the edge of alley
pavement, and at least three feet from one side property line. If a garage wall (which is not a
common wall) sits on a property line, then a maintenance easement shall be created on the
adjoining lot.
16.8. Parking lots shall be designed to conform to the following standards:
A. Parking space dimensions (other than those designed for the disabled) shall be a
minimum of 18 feet long and nine feet wide. Parking spaces shall be
dimensioned in relation to curbs or aisles so long as their configuration, area and
dimensions satisfy the requirements of this section.
B. Parallel parking space dimensions shall be a minimum of 20 feet long by eight
feet wide.
C. Parking area aisle widths shall conform to the following table which varies the
width requirement according to the angle of parking:
Angle of Parking
Aisle Width 0 30 45 60 90
One Way Traffic 13 13 13 18 20
Two Way Traffic 19 19 20 22 24
D. Driveways shall be 12 feet in width for one-way traffic and 18 feet in width for
two- way traffic.
E. Parking for the disabled shall be provided in compliance with applicable law.
F. Parking lots shall be paved with asphalt, concrete or other acceptable material.
G. For small parking lots, landscaping shall be required at the perimeter. For large
parking lots, landscaping shall be at the perimeter and placed to break the lot into
parking modules of no more than 36 spaces. The foregoing requirements shall not
apply to parking lots located in community area, on the interior of a Village
Center Block, or in the Peripheral Retail Area.
16.9. Perimeter landscaping of parking lots not located in community area, on the interior of a
Village Center Block or in the Peripheral Retail Area shall conform to the following standards:
A.
Screening shall be provided by installing along the perimeter of the parking lot (i)
evergreen shrubs with a maximum separation of six feet on center, a minimum
height of three feet at installation and an expected height at maturity of at least six
feet, (ii) a masonry wall three to six feet in height, or (iii) other visually
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impervious landscape screening acceptable to the Department. This screen may
be penetrated for access between parking lots or to an adjoining street or alley but
no single such penetration shall exceed the width of the sidewalk or driveway, as
applicable.
B.
For parking lots which abut street rights of way, a masonry wall a minimum of
three feet in height shall be installed along the right of way frontage extending
from the building wall to the lot line. The wall may be interrupted by a sidewalk
entry not exceeding eight feet in width and an access drive with a width not
exceeding 18 feet.
c.
In addition to screening, large maturing trees shall be planted around the
perimeter of the parking lot in a planting strip not less than seven feet wide.
D.
Existing vegetation which meets in whole or in part the purposes of perimeter
landscaping may be applied toward such landscaping requirement.
16.10. Interior landscaping of large parking lots not located in community area, on the interior
of a Village Center Block or in the Peripheral Retail Area shall consist of large maturing trees
placed such that each section of parking (up to 36 spaces per section) is enclosed by trees (or
building wall), with maximum spacing of 40 feet on center. Tree planting areas within parking
lots shall be at least seven feet wide, edged with a curb at least six inches high and shall be
designed to minimize damage to trees by parking or moving vehicles. Such interior tree planting
_ areas need not be contiguous.
16.11. Walls shall be constructed to be compatible with the architectural style and detail of
adjacent buildings.
16.12. Lighting for parking lots shall comply with the requirements of Section 21.
16.13. Landscaping for parking lots located in common space shall be compatible with the
natural vegetation and topography of such space.
16.14. Landscaping for parking lots in the Village Center shall conform to the Landscape Plan.
16.15 Landscaping for parking lots in the Peripheral Retail Area shall comply with the following
requirements:
A. 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 18 trees per acre of
parking.
B. A six (6) foot wide perimeter planting area shall be provided along the perimeter of
parking areas. 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.
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C. Masonry walls not exceeding 48 inches in height may be substituted for perimeter
planting areas.
16.16 The parking spaces required for any building or use may be located in a common parking
lot, a shared parking area or a parking structure if such lot, area or structure is located
within 300 feet of the building or use.
16.17 The following shall apply to drive-thru lanes in the Peripheral Retail Area:
A.
Stacking shall be confined to the sides and rear of the parcel.
B.
Lanes for drive-thru facilities shall not be permitted along the front of a
building nor permitted to spill over onto adjoining properties.
c.
Outlet from drive-thru lanes may be through any established ingress/egress
drive serving the parcel.
D.
The minimum number of vehicle stacking spaces required for drive-thru
lanes shall be as follows:
(1) Bank teller lane: 5 measured from the teller window
(2) A TM: 3 measured from the A TM
(3) Restaurant or fast food drive-thru: 10 measured from the pick-up
window
(4) Car wash: 5 measured from the entrance
(5) Gas pump island: 3 measured from the pump island
(6) Drug store: 3 measured from the pick-up window.
E.
No required stacking vehicle space shall block or obstruct access to a
public entrance to the building.
Section 17. Loading and Service Areas.
17.1. Loading docks, solid waste facilities, recycling facilities, and other service areas shall be
placed to the rear or side of buildings.
17.2. Screening and landscaping shall prevent direct views of the loading areas and their
driveways from adjacent properties or from the public right-of-way. Screening and
buffering shall be achieved through walls, fences, and landscaping, shall be a minimum
of five feet tall, and shall be visually impervious. Recesses in the building, or depressed
access ramps may be used.
17.3. Trash collection areas shall be enclosed and screened as provided in Section 19.14.
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Section 18. Shws.
All signs located within the District shall comply with the following sign regulations:
18.1. Exempt sIgns: All signs designated as exempt in Section 25.7.01-3 of the Sign
Ordinance.
18.2. Prohibited signs:
A. Signs on roofs, dormers, and balconies.
B. Billboards.
C. Signs painted or mounted upon the exterior side or rear walls of any principal or
accessory building or structure, except as otherwise permitted hereunder.
D. Signs prohibited by Section 25.7.01-4 of the Sign Ordinance, except as otherwise
permitted hereunder.
18.3. Permitted business signs:
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A. Wall-mounted or painted signs, provided the following standards are met:
(1) The sign shall be affixed to the front facade of the building, and shall
project outward from the wall to which it is attached no more than six
inches in the Village Center and 12 inches in the Peripheral Retail Area.
(2) The area of the signboard shall not exceed 20 percent of the ground floor
building facade area or 45 square feet, whichever is less.
(3) The maximum permitted height is 15 feet above the front sidewalk
elevation, and shall not extend above the base of the second floor window
sill, parapet, eave, or building facade.
(4) The height of the lettering, numbers, or graphics shall not exceed 10
inches in the Village Center and 12 inches in the Peripheral Retail Area.
(5) Limited to one sign per business establishment on each building facade
fronting a street. In the Peripheral Retail Area, a fayade facing 131 st Street
or Towne Road shall be deemed to be fronting such streets
notwithstanding that the front facades face an interior street.
B. One wall-mounted sign, not exceeding six square feet in area, shall be permitted
on any side or rear entrance open to the public. Such wall signs may only be
lighted during the operating hours of the business.
c.
Wall-mounted building directory signs identifying the occupants of a commercial
building, including upper story business uses, provided the following standards
are met:
(1) The sign is located next to the entrance.
(2) The sign shall project outward from the wall to which it is attached no
more than six inches.
(3) The sign shall not extend above the parapet, eave, or building facade.
(4) The area of the signboard shall not exceed 15 square feet.
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(5)
The height of the lettering, numbers, or graphics shall not exceed five
inches.
D. Applied letters may substitute for wall-mounted signs, if constructed of painted
wood, painted cast metal, bronze, brass, or black anodized aluminum. Applied
plastic letters shall not be permitted. The height of applied letters shall not exceed
10 inches in the Village Center and 12 inches in the Peripheral Retail Area.
E. Projecting signs, including icon signs, mounted perpendicular to the building
wall, provided the following standards are met:
(1)
(2)
(3)
(4)
e
(5)
(6)
(7)
The signboard shall not exceed an area of ten square feet unless a comer
sign which shall not exceed an area of twelve square feet.
The distance from the ground to the lower edge of the signboard shall be
eight feet or greater.
The height of the top edge of the signboard shall not exceed (i) the height
of the wall from which the sign projects, if attached to a single story
building, (ii) the height of the sill or bottom of any second story window,
if attached to a multi-story building and not a comer sign or (iii) 50
percent of the distance between the building cornice or roof line and the
sill or bottom of any second story window if a comer sign located on a
multi-story building.
The distance from the building wall to the signboard shall not exceed six
inches.
The width of the signboard shall not exceed four feet.
The height of the lettering, numbers, or graphics shall not exceed 10
inches in the Village Center and 12 inches in the Peripheral Retail Area.
Limited to one sign for each ground floor business establishment.
Projecting signs are not permitted in conjunction with free-standing or tree
lawn signs.
F. Tree lawn signs, including icon signs, installed on a pole in a tree lawn, provided
the following standards are met:
(1) The sign is located in a tree lawn opposite the entrance to the building.
(2) The signboard shall not exceed an area of six square feet.
(3) The distance from the ground to the lower edge of the signboard shall be
six feet or greater.
(4) The height of the top edge of the signboard shall not exceed the height of
the wall of the building in front of which the sign is located, if located
opposite a single story building, or the height of the sill or bottom of any
second story window, if located opposite a multi-story building.
(5) The width of the signboard shall not exceed two feet.
(6) The height of the lettering, numbers, or graphics shall not exceed eight
inches.
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(7)
Limited to one sign for each ground floor business establishment. Tree
lawn signs are not permitted in conjunction with free standing or
projecting signs.
G. Painted window or door signs, provided that the following standards are met:
(1) The sign shall not exceed 30 percent of the window or door area except in
the Peripheral Retail Area where the sign shall not exceed 40 percent of
the window or door area.
(2) The sign shall be silk screened or hand painted.
(3) The height of the lettering, numbers, or graphics shall not exceed five
inches in the Village Center and eight inches in the Peripheral Retail Area.
(4) Limited to two window signs and one door sign for each business
establishment.
(5) Painted window or door signs may be in addition to only two of the
following: a wall-mounted sign, a free-standing sign, an applied letter
sign, a projecting sign or a tree lawn sign. A painted window sign at the
second or third floor level of a Commercial Structure may only be
combined with a tree lawn sign.
H.
Awning signs, for ground floor uses only, provided that the following standards
are met:
(1) If acting as the main business sign, it shall not exceed fifteen square feet in
area, and the height of the lettering, numbers, or graphics shall not exceed
10 inches in the Village Center and 12 inches in the Peripheral Retail
Area.
(2) If acting as an auxiliary business sign, it shall be located on the valance
only, shall not exceed five square feet in area, and the height of the
lettering, numbers, or graphics shall not exceed five inches in the Village
Center and eight inches in the Peripheral Retail Area.
(3) Limited to two such signs for each ground floor business establishment, on
either awning or valance, but not on both.
(4) If acting as the main business sign, it shall not be in addition to a wall-
mounted sign, an applied letter sign or a projecting sign which is not a
comer sIgn.
I. Free-standing sign, provided that the following standards are met:
(1) The building, where the business to which the sign refers is located, shall
be set back a minimum of five feet from the frontage line.
(2) The area of the signboard shall not exceed 45 square feet.
(3) The height of the lettering, numbers, or graphics shall not exceed 10
inches in the Village Center and 12 inches in the Peripheral Retail Area.
(4) The height of the top of the signboard, or of any posts, brackets, or other
supporting elements shall not exceed six feet from the ground.
(5) If located in the Village Center, the signboard shall be constructed of
wood, with wood or cast iron brackets.
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(6)
The signboard shall be architecturally compatible with the style,
composition, materials, colors, and details of the building.
The sign shall be located within 10 feet of the main entrance to the
business except that in the Peripheral Retail Area, the sign may be located
within ten (10) feet of the access drive serving the lot on which the
business is located. In no event may the location of the sign interfere with
pedestrian or vehicular circulation.
Limited to one sign per building. In the Village Center, a free-standing
sign shall not be in addition to wall-mounted, applied letters, tree lawn or
projecting signs. In the Peripheral Retail Area, a free-standing sign shall
not be in addition to a freetree lawn or projecting sign, but may be in
addition to a wall mounted or applied lettering sign.
(7)
(8)
J. Business establishments located in comer buildings are permitted signs for each
street frontage as if each frontage were a separate business establishment except
that if a comer sign is used, no free standing, tree lawn or additional projecting
signs are permitted on either frontage.
K. Businesses with service entrances may identify these with one sign not exceeding
two square feet.
L.
One directional sign, facing a rear parking lot, is permitted. This sign may be
either wall-mounted or free standing on the rear facade, but shall be limited to
three square feet in area.
e
M. In addition to other signage, restaurants and cafes shall be permitted the
following, limited to one sign per business establishment:
(1) A wall-mounted display featuring the actual menu as used at the dining
table, to be contained within a shallow wood or metal case, and clearly
visible through a glass front. The display case shall be attached to the
building wall, next to the main entrance, at a height of approximately five
feet, shall not exceed a total area of two square feet, and may be lighted.
(2) A sandwich board sign, as follows:
(a) The area of the signboard, single-sided, shall not exceed five
square feet.
(b) The signboard shall be constructed of wood, chalkboard, and/or
finished metal.
(c) Letters can be painted or handwritten.
(d) The sign shall be located within four feet of the main entrance to
the business and its location shall not interfere with pedestrian or
vehicular circulation.
(e) The sign shall be removed at the end of the business day.
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(3)
In the Peripheral Retail Area only, a menu sign with a maximum sign area
of 16 square feet and a maximum height of six feet for a ground sign.
N. A home-based office is permitted one sign provided it complies with the
requirements of Section 6.2(F).
O. If historically appropriate to the type of business conducted or the architectural
style of the building in which the business is located, a retail business may display
in windows fronting a street an illuminated window sign in addition to other
permitted signs provided the sign area of each sign does not exceed 10 square feet
in the Village Center and 20 square feet in the Peripheral Retail Area. Neon signs
are permitted as an illuminated window sign.
18.4. Permitted Other Signs:
A. Signs permitted under Sections 25.7.02-3, 25.7.02-5, 25.7.02-6, 25.7.03-4,
25.7.03-5,25.7.03-6 and 25.7.04 of the Sign Ordinance.
B. One identification sign at each entrance to (i) the District, (ii) a designated
neighborhood within the District, (iii) an attached or vertical dwelling project
containing more than six units in not less than two buildings, (iv) an apartment
house, and (v) the Peripheral Retail Area, provided the following standards are
met:
(1)
The design of the sign for any attached or vertical dwelling project or
apartment house shall be consistent with the architectural style of the
project or apartment house to which it relates.
(2) The maximum sign area shall not exceed 75 square feet.
(3) The area surrounding the sign shall be appropriately landscaped III
accordance with the requirements of Section 19.
(4) The sign may be illuminated.
(5) Matching signs which border either side of one entrance shall be treated as
one sign, but both sign faces shall be used to calculate the total sign area.
(6) The identification signs for the Peripheral Retail Area may contain the
names of occupants of buildings located in the Peripheral Retail Area
provided that, unless otherwise approved by the Commission: (i) the names
of the occupants are all in the same size letters and (ii) the letter size does
not exceed 12 inches.
(7) An identification sign may be installed at only one of the two entrances to
the Peripheral Retail Area from 131 st Street.
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c.
Traffic directional signs.
D.
One development sign at each entrance to the District and each designated
neighborhood thereof, provided the following standards are met:
(I) The maximum sign area shall be 64 square feet.
(2) The maximum height of each sign shall be eight feet.
(3) The sign may not be illuminated.
(4) The sign shall be removed when 90 percent of the lots in the area to which
the sign relates have been sold.
E. One construction sign for each street frontage of a lot upon which construction
(other than construction of a detached dwelling) is in progress, provided the
following standards are met:
(1) The maximum sign area shall be 32 square feet.
(2) The maximum height of each sign shall be eight feet.
.
(3) The sign may not be illuminated.
(4)
The sign shall be removed within seven days after the beginning of the
intended use of the building.
(5) Sign copy shall be limited to identification of the building, architects,
engineers, contractors and other persons involved with the construction,
but shall not include any advertising or product other than a rendering of
the building being constructed.
F. Signs depicting the site plan of the District assuming completion of development
in accordance with the Development Plan and indicating the location within the
District of the person viewing the sign, provided the following standards are met:
(I) The maximum sign area shall be 30 square feet.
(2) The maximum height shall be eight feet.
(3) Site plan sign age within the Primary Area and in open and recreational
space may be illuminated; elsewhere in the District, illumination is not
permitted.
(4)
Site plan signage shall be removed from the Secondary Area when 90
percent of the lots have been sold.
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G.
Signs containing a rendering of one or more buildings expected to be constructed
on the lot, provided the following standards are met:
(1) The maximum sign area shall be 32 square feet.
(2) The maximum height of each sign shall be eight feet.
(3) The sign may be illuminated.
(4) One sign will be permitted for each street frontage of the lot upon which
construction of the depicted building is contemplated.
(5) Unless otherwise agreed by the Commission, the sign shall be removed
not later than 36 months following installation thereof unless construction
of the building has commenced prior to that date and, if construction
commences, the sign shall be removed within seven days after the
beginning of the intended use of the building.
(6) Sign copy shall be limited to a rendering of the proposed building and
information relating to the intended construction, availability and use
thereof.
H.
Real estate sales and leasing signs, provided the following standards are met:
(1) The maximum sign area shall be 20 square feet.
(2) The maximum height of the sign shall be eight feet.
(3) Limited to one sign for each street frontage of the lot, with no more than
two sign faces per sign.
(4) The sign may not be illuminated.
(5) Sign copy shall be limited to announcement of the sale, rental or lease of
the premises and shall contain no advertising or promotional material
other than to indicate the party listing the property for sale or lease.
(6) Signs for detached dwellings and commercial structures shall be removed
within seven days after the date the unit is leased, sold or occupied.
(7) With respect to attached dwellings and apartment houses, when 80% of
the dwellings are leased, sold or occupied, real estate signs are limited to a
ground sign, a wall sign or a window sign of six square feet or less.
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Towne
I.
One (1) general identification sign for the Peripheral Retail Area, provided the
following standards are met:
(1) The maximum sign area shall not exceed 75 square feet.
(2) The design of the sign shall be compatible with identification slgnage
elsewhere in the District.
(3) The area surrounding the sign shall be appropriately landscaped 10
accordance with the requirements of Section 19.
(4) The sign shall contain only the words, "WestClay Up Town."
(5)
The sign shall be located at the north'vvestsouthwest corner of 131 st and
Road.
(6) The sign may be illuminated at night.
J. Signs approved by the Commission are permitted in the District in addition to the
signs specifically authorized in this Ordinance.
18.5. Design Standards for Signs:
A.
Signs affixed to the exterior of a building shall be architecturally compatible with
the style, composition, materials, colors, and details of the building, as well as
with other signs used on the building.
B. Sign colors should be compatible with the colors of the building facade.
C. Signs shall not interfere with vision clearance and shall comply with the
requirements of Section 10.10.
D. Backlighting of signs is permitted only in the Peripheral Retail Area.
18.6. Premises Identification:
A. The assigned premises identification of a building shall be displayed in such a
manner so that the numerals can readily be seen from the street. Identification
shall be displayed on the building, on or near the main entrance door, or displayed
on a mailbox near the street in such a manner as they identify its corresponding
building.
B.
Any dwelling or commercial building that abuts an alley or secondary access that
could be used by motor vehicles must not only display the premises identification
on the front, but shall also display its premises identification visible from the
alternate access to the property.
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c.
When numerals representing premises identification are removed or become
illegible, such numerals shall be renewed or replaced by the owner or occupant of
the building.
18.7. Sign maintenance: All signs and sign structures shall be kept and maintained in good
repair and in a safe condition.
18.8. Permit Procedures: Division VI of the Sign Ordinance shall apply to signs in the District.
Section 19. Landscaping.
19.1. Landscaping shall be required in the Primary Area in accordance with the Landscape
Plan. All areas of a site within the Village Center not occupied by buildings, parking lots, other
improvements or paving shall be planted with trees, shrubs, hedges, ground covers, and/or
grasses, unless such area consists of attractive existing vegetation to be retained, as depicted on
the Landscape Plan. Perennials and annuals are encouraged.
19.1.1. Landscaping in the Peripheral Retail Area shall conform to the Landscape Plan and
Section 16.15 of this Ordinance. In addition, the following requirements shall apply:
A.
Foundation plantings shall be included along the sides of a building except (a) the
front or side if the sidewalk extends to the face of the building and (b) that part of
the building where a drive-thru lane extends to the face of the building. The
minimum width of the planting area shall be five feet.
B. Except as otherwise provided herein, side and rear yards shall be landscaped in
compliance with the minimum requirements for buffer yard "A" set forth in
Section 26.04.05 of the Zoning Ordinance.
C. The landscaping standards set forth in paragraphs I (except to the extent
inconsistent with subsection B above), 2 and 4 of Section 23C.1O.03 of the
Zoning Ordinance shall apply to building sites.
D. The installation and maintenance requirements set forth in Section 23C.1O.04 of
the Zoning Ordinance shall apply to building sites.
19.2. Landscaping shall be integrated with other functional and ornamental site design
elements, where appropriate, such as recreational facilities, ground paving materials, paths and
walkways, fountains or other water features, trellises, pergolas, gazebos, fences, walls, street
furniture, art, and sculpture.
19.3. Plant suitability, maintenance, and compatibility with site and construction features are
critical factors which should be considered. Plantings should be designed with repetition,
structured patterns, and complimentary textures and colors, and should reinforce the overall
character of the area.
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19.4. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or
other debris shall be removed from the Development and disposed of in accordance with
applicable law. No tree stumps, portions of tree trunks, or limbs shall be buried anywhere in the
Development. All dead or dying trees, standing or fallen, shall be removed from the
Development. If trees and limbs are reduced to chips, they may be used as mulch in landscaped
areas. Areas which are to remain as undeveloped open space shall be cleaned of all debris and
shall remain in their natural state.
19.5. Specimen trees not within a right-of-way, drive or 20 feet of the building footprint after
grading shall be protected and preserved. No material or temporary soil deposits shall be placed
within four feet of shrubs or within two feet of the drip line of trees designated to be retained.
Protective barriers or tree wells shall be installed around each plant and/or group of plants at the
drip line that are to be retained. Barriers shall not be supported by the plants they are protecting,
but shall be self-supporting. Barriers, such as snow fences, shall be a minimum of four feet high
and constructed of a durable material that will last until construction is completed.
19.6. Landscaping of the area of all cuts, fills, and/or terraces shall be sufficient to prevent
erosion, and all roadway slopes steeper that one foot vertically to three horizontally shall be
planted with ground covers appropriate for the purpose, soil conditions, water availability, and
environment.
19.7. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall
have at least a two and one-half-inch caliper and eight foot height at the time of planting unless
otherwise specified herein or otherwise indicated on the Landscape Plan. Except as otherwise
provided herein, evergreen trees shall be a minimum of three to four feet high at the time of
planting and shrubs shall be two feet in height at the time of planting. All trees, shrubs, and
ground covers shall be planted according to accepted horticultural standards. Landscaping
materials shall be appropriate to local growing and climatic condition. Plant material shall be
nursery grown stock conforming to ANSI Z60.1 (American Standard for Nursery Stock). No
street trees in public rights of way or in common areas in the Village Center shall be topped,
tipped, or deformed; provided, however, that the foregoing shall not restrict trimming such as
that required by the Carmel Street Tree Regulations or trimming that may be done in the
common areas for aesthetic reasons or to avoid interference with utility lines and facilities.
19.8. Within one year from the time of planting, all dead or dying plants in tree lawns or open
space, installed new, transplanted, or designated as existing trees to be retained on the Landscape
Plan, shall be replaced by the Developer or the lot owner. Trees or other vegetation in tree lawns
or open space which die after the first year shall be replaced by the Owners Association or the lot
owner.
19.9. Tree spacing, unless otherwise provided in this Ordinance, shall be determined by species
type. Large maturing trees shall be planted a minimum of 30 feet and a maximum of 50 feet on
center. Small maturing trees shall be planted a minimum of 10 feet and a maximum of 30 feet on
center.
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19.10. Large maturing trees shall generally be planted along residential streets and along the
street frontages and perimeter of community area and parking lots.
19.11. Small maturing trees shall generally be planted along non-residential streets and the
interior portions of community area.
19.12. Shade trees shall be provided along each side of all streets in the District other than alleys
and passages. In locations where healthy and mature shade trees currently exist, new trees are
not required. The Developer shall be responsible for the provision of shade trees along the
principal streets and within open spaces abutting streets in the District. Each lot owner shall be
responsible for the provision of shade trees in the designated tree lawn upon or adjacent to the
owner's lot except to the extent the Developer has provided such trees.
19.12.1. Small maturing trees may be planted in the medians of streets.
19.13. Street trees of a similar species should generally be grouped together and not intermixed
with trees of another species. Not more than 20 trees of the same species shall be planted in a
linear row or contained grouping except as otherwise indicated on the Landscape Plan. The trees
listed on Exhibit C shall not be planted in the District. No single species shall make up more than
15% of the total street tree population within each of the following areas: south of 131st Street
and east of Towne Road; north of 131st Street; and west of Towne Road.
19.14. Garbage collection, recycling areas, and other utility areas in the Village Center and the
Peripheral Retail Area shall be screened around their perimeter by wood enclosures or by brick
walls, with a minimum height of seven feet, and shall extend on three sides of such an area, with
a wood gate or door on the fourth side. A landscaped planting strip a minimum of three feet
wide shall be located on three sides of such a facility. Planting material shall be separated from
the parking lots by appropriate curbing, but shall have ramp access to such facility for vehicles
and carts. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be
planted; the area between trees shall be planted with shrubs or ground cover, or covered with
mulch, decorative stone or other suitable materials.
Section 20. Detention and Retention Basins.
The perimeter of detention and retention basins shall be landscaped. Headwalls, concrete flow
channels and rip rap channels shall be screened with plant material and/or berms.
Section 21. Li2:htin2:.
21.1. Street lights shall be decorative and consistent with the Development Plan.
21.2. Along all commercial streets, parking areas, sidewalks, walkways, courtyards, and
community area in the Village Center, decorative lamp posts shall be provided at regular
intervals. Except as otherwise provided in Section 21.3, lamp posts shall not exceed 14 feet in
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height and shall be spaced at no greater than 80 feet on center on both sides of a street. If
installed, lighting on residential streets may be confined to the intersections and corners. Light
poles and fixtures utilized in the District shall complement the predominant architectural theme
of the area where used.
21.3. In parking lots, post heights may be extended to a maximum of 20 feet.
21.4. Porch light and yard post lighting shall be incorporated into the street lighting design.
21.5. Dusk to dawn alley lighting shall be provided by lot owners on all garages fronting alleys
or on poles adjacent to parking areas.
21.6. No accessory lighting on any lot shall cause illumination at or beyond the lot line in
excess of 0.1 footcandles of light.
21.7. Lighting of basketball and tennis court areas shall not create more than 5 footcandles of
light 25 feet from the perimeter of the court.
21.8. Lighting in the Peripheral Retail Area shall comply with the requirements of Section
23C.12 Band C of the Zoning Ordinance.
Section 22. Fences and Walls.
22.1. Open wire mesh fences surrounding tennis courts may be erected to a height of 16 feet, if
such fences only enclose a regulation court area and standard apron areas.
22.2. Fences or walls enclosing (i) open, civic or recreational space or buildings, (ii) a
commercial lot or (iii) a commercial structure may not exceed a height of 10 feet.
22.3. Fences and walls shall be measured from the topmost point thereof to the ground adjacent
to the fence or wall; provided, however, that decorative caps or spires which extend above the
highest horizontal member of a fence or the top of a wall shall not be included in the
measurement of height.
22.4. Any fence placed upon an erected earth berm or masonry wall must govern its height as
measured to the ground adjacent to said earth berm or wall.
22.5. No fence or wall shall be constructed within a drainage easement so as to obstruct the
flow of water therein.
22.6. With respect to single-family residential structures (i) fences or walls in the front yard
shall not be more than five feet high, provided that entranceway and lot corners may be
articulated with larger (taller and fatter) posts or other embellishments, (ii) fencing may not
exceed six feet in height along rear and side yard lines and (iii) patio enclosures located in the
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permitted building area of the lot may not exceed nine feet in height; if not so located, the
maximum height of patio enclosures is six feet.
Section 23. Platting and Installation of Improvements.
23.1. The Development Plan, having incorporated preliminary plats for the Primary--aflEi! the
Secondary and the PeriDheral Retail Areas conforming to the requirements of Section 5.0 of the
Subdivision Control Ordinance, shall constitute an approved preliminary plat of the Primary-~!
the Secondary and Peripheral Retail Areas for all purposes of the Subdivision Control Ordinance.
23.2. Only those terms of the Subdivision Control Ordinance expressly referred to herein shall
govern development in the District. To the extent of any inconsistency between the terms of this
Ordinance and the terms of the Subdivision Control Ordinance, the terms of this Ordinance shall
govern.
23.3. In the course of development within the District, the Developer shall comply with the
requirements of Section 5.4 of the Subdivision Control Ordinance. Except for subsection 5.5.1,
the provisions of Section 5.5 of the Subdivision Control Ordinance shall not be applicable to
final plats filed with respect to land in the District if the final plat substantially conforms to the
Development Plan.
23.4. In the course of development within the District, the Developer shall comply with the
requirements of Sections 5.6, 5.7, 8.2, 8.3 (subject to the provisions of Section 10 of this
Ordinance), 8.4, 8.5, 8.7 and 9.0 of the Subdivision Control Ordinance.
23.5. The Development may be platted in phases.
23.6. The Developer shall commence construction of the initial phase of the Development
within two years following the effective date of this Ordinance.
23.7. Upon providing such performance guarantees as may be required by Section 5.7.1 of the
Subdivision Control Ordinance, the Developer may commence construction of improvements in
the District at any time after the Development Plan is recorded; provided, however, that no
residential lot may be conveyed to a third person until a final plat depicting such lot has been
approved pursuant to this Section 23, and recorded.
23.8. The size, configuration and number of lots in a block shown on a final plat may vary
from the size, configuration and number of lots shown on the Development Plan.
23.9. Title to less than all of a lot may be conveyed for the purpose of establishing a building
site provided that the aggregate number of building sites in a block may not exceed the number
of lots in such block depicted on the final plat.
23.10. Title to portions of a Village Center Block or the Peripheral Retail Area may be conveyed
by a metes and bounds survey description as long as such portion complies with the area and
bulk regulations of Section 15 with respect to the intended use of such portion.
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23.11. Grading, filling, excavating or any change in the grade of any property is permitted, but
shall not be detrimental to surrounding properties in appearance or in the diversion of
stormwater.
23.12. Temporary construction facilities are permitted to remain on a job site during all phases
of construction and must be removed within 30 days following the issuance of a certificate of
occupancy. No permit is necessary for temporary construction facilities except where
permanently connected to water and sewer utilities.
Section 24. Certification and Recordation of the Development Plan.
24.1. Within 30 days following adoption of this Ordinance, the Director of the Department
shall sign a mylar copy of the Development Plan, and deliver the signed Development Plan to the
Developer.
24.2. The Developer shall record the signed Development Plan in the Office of the Recorder of
Hamilton County, Indiana, within 60 days following receipt of the signed Development Plan
from the Commission, and shall deliver a copy of the recorded Development Plan to the
Department. The Recorder shall return the originally recorded Development Plan to the
Department.
24.3. Approved modifications of the Development Plan shall be recorded by the Developer in
the Office of the Recorder of Hamilton County, Indiana, within 60 days following the approval
of such modification. Subsequent to recordation, the Developer shall deliver a copy of the
recorded modification to the Department.
Section 25. Improvement Location Permits.
25.1. Prior to commencement of construction in the I+icstTiet--ffi'Primarv Area of a mixed-use
structure. a commercial structure. an apartment house, an attached dwelling (other than a
duplex). a vertical dwelling or a senior housing facility containing a gross floor area in excess of
10,000 square feet (exclusive of any of the foregoing structures the elevations of which are
included in the Development Plan), architectural plans, elevations, site plan and landscaping plan
for the proposed structure shall be presented to the Department as part of the improvement
location permit application. If the Department reasonably believes that the proposed structure
does not comply with the Development Requirements and the Design Vocabulary, then the
Department shall decline to issue an improvement location permit and, if the applicant fails to
make such revisions as the Department may deem necessary for compliance, the Department
shall promptly refer the application to the Commission for a determination at its next meeting of
compliance or non-compliance with the Development Requirements and Design Vocabulary.
The Department shall specifically detail in writing the basis for its belief that the proposed
structure does not comply with the Development Requirements or Design Vocabulary. The
Page 54 of
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Commission shall approve, disapprove or approve subject to conditions the referred application
after affording the applicant an opportunity to address the objections of the Department.
Section 26. Filin2 Fees.
The provisions of Division VIII of the Zoning Ordinance, to the extent applicable, shall apply to
development in the District.
Section 27. Commission Consents or Approvals.
27.1. Where the consent or approval of the Commission is required pursuant to the provisions
of this Ordinance, the request for such approval or consent shall be deemed a modification of the
Development Requirements and shall be processed in accordance with the provisions of Section
4.
27 .2. In considering whether to grant its consent or approval, the Commission shall apply the
criteria set forth in Section 4.3.
PASSED by the Common Council of the City of Cannel, Indiana, this day of
, 2004, by a vote of _ ayes and _ nays.
COMMON COUNCIL OF THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Ronald E. Carter, President Pro Tempore
Brian D. Mayo
Fredrick J. Glaser
Mark Ratterrnann
Joseph C. Griffiths
Richard L. Sharp
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Page 55 of
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Presented by me to the Mayor of the City of Carmel, Indiana on the
,2004.
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _ day of
James Brainard, Mayor
ATTEST:
e Diana L. Cordray, Clerk-Treasurer
e
Page 56 of 6464
day of
,2004
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EXHIBIT A
The Village of WestClay
Land Description
The Southwest quarter of Section 28, part of the Southeast quarter of Section 29 and part of the
Northwest and Southwest quarters of Section 33 all in Township 18 North, Range 3 East of
Hamilton County, Indiana, and being described as follows:
Beginning at the Northeast comer of the Southwest quarter of said Section 28; thence on an
assumed bearing of South 00 degrees 01 minutes 09 seconds West along the East line of said
Southwest quarter a distance of 2624.48 feet to the Southeast comer thereof; thence South 00
degrees 20 minutes 16 seconds East along the East line of the Northwest quarter of Section 33 a
distance of 2632.10 feet to the Southeast comer thereof; thence South 00 degrees 23 minutes 56
seconds East along the East line of the Southwest quarter of said Section 33 a distance of 490.67
feet; thence South 89 degrees 20 minutes 46 seconds West parallel with the North line of said
Southwest quarter a distance of 1331.44 feet to the West line of the East half of said Southwest
quarter; thence North 00 degrees 25 minutes 30 seconds West along said West line a distance of
442.67 feet to a point distant 48.00 feet South from the Northwest comer of said half-quarter;
thence South 89 degrees 20 minutes 46 seconds West parallel with the North line of said
Southwest quarter a distance of 1331.64 feet to the West line of said Southwest quarter; thence
North 00 degrees 27 minutes 03 seconds West along said West line a distance of 48.00 feet to the
Northwest comer of said Southwest quarter; thence North 00 degrees 27 minutes 13 seconds
West along the West line of the Northwest quarter of Section 33 a distance of 1281.55 feet;
thence North 89 degrees 20 minutes 46 seconds East parallel with the South line of said
Northwest quarter a distance of 1332.95 feet to the West line of the East half of said Northwest
quarter; thence North 00 degrees 23 minutes 44 seconds West along said West line a distance of
1348.18 feet to the Northwest comer thereof; thence South 89 degrees 14 minutes 42 seconds
West along the South line of the Southwest quarter of Section 28 a distance of 1334.33 feet to
the southwest comer thereof; thence South 88 degrees 51 minutes 10 seconds West along the
South line of the Southeast quarter of Section 29 a distance of 1351.40 feet to a point hereinafter
referred to as "Point A@; thence North 01 degrees 08 minutes 50 seconds West a distance of
8.00 feet; thence North 52 degrees 30 minutes 24 seconds East a distance of 14.45 feet; thence
North 22 degrees 52 minutes 44 seconds East a distance of 27.27 feet; thence North 00 degrees
36 minutes 26 seconds West a distance of 1453.10 feet; thence South 89 degrees 13 minutes 03
seconds West a distance of 107.69 feet; thence North 00 degrees 00 minutes 53 seconds West a
distance of 1138.44 feet to the North line of said Southeast quarter; thence North 89 degrees 13
minutes 03 seconds East along said North line a distance of 1443.58 feet to the Northeast comer
thereof; thence North 89 degrees 14 minutes 59 seconds East along the North line of the
Southwest quarter of Section 28 a distance of 2678.68 feet to the Point of Beginning.
Containing 380.683 acres, more or less.
Also, part of the Southeast Quarter of said Section 29 being described as follows:
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Commencing at the aforesaid "Point A @ on the South line of said Southeast quarter; thence
South 88 degrees 51 minutes 10 seconds West along said South line a distance of 627 .23 feet to
the Point of Beginning at the Southwest corner of the land described in a deed to Wendy
Fortune (Instrument Number 8915090, Office of the Recorder of Hamilton County, Indiana);
thence continuing South 88 degrees 51 minutes 10 seconds West along said South line a distance
of 668.05 feet to the Southwest corner of said Southeast quarter; thence North 00 degrees 24
minutes 33 seconds West along the West line of said Southeast quarter a distance of 1437.39 feet
to a point distant 1203.96 feet South of the Northeast corner thereof; thence North 88 degrees 29
minutes 35 seconds East a distance of 658.94 feet to a westerly corner of the aforesaid Fortune
tract; thence South 00 degrees 46 minutes 26 seconds East along the West line thereof a distance
of 1441.43 feet to the Point of Beginning. Containing 21. 923 acres, more or less.
Also, Part of the Northwest and the Northeast Quarters of Section 28, Township 18 North, Range
3 East of the Second Principal Meridian, Hamilton County, Indiana, and being described as
follows:
Beginning at a railroad spike at the southwest corner of the east half of the northwest quarter;
thence North 00 degrees 00 minutes 08 seconds West along the west line of said half quarter
2631.74 to the northwest corner thereof; thence North 89 degrees 15 minutes 26 seconds East
along the north line of the Northwest Quarter 693.79 feet to a railroad spike at the northwest
corner of a tract of land described in a deed to Stumm, et aI, and recorded as instrument number
9601331 in the Office of the Recorder of Hamilton County; thence South 00 degrees 02 minutes
24 seconds East along the west line thereof and along the west line of a tract of land described in
a deed to Smith, recorded in Deed Book 154 page 17 a distance of 660.00 feet to a 5/8"x30"
rebar with yellow plastic cap marked "SCHNEIDER ENG FIRM #0001" (hereinafter referred to
as "REBAR/CAP") at the southwest corner of said Smith tract; thence North 89 degrees 15
minutes 26 seconds East along the south line thereof and along the south line of a tract of land
described in a deed to Toll, recorded in Deed Book 310 page 838 a distance of 594.00 to a
REBAR/CAP at the southeast corner of said Toll tract; thence North 00 degrees 02 minutes 24
seconds West along the east line thereof 329.99 feet to a REBAR/CAP on the westerly extension
of the south line of a tract of land described in a deed to Sullivan, recorded in Deed Book 327
page 646; thence North 89 degrees 14 minutes 34 seconds East along said extension and said
south line 211.43 to a REBAR/CAP at the southeast corner thereof; thence North 00 degrees 03
minutes 50 seconds West along the east line thereof 330.00 feet to a railroad spike on the north
line of the Northeast Quarter; thence North 89 degrees 14 minutes 34 seconds East along said
north line 120.00 feet to a railroad spike at the northwest corner of a tract of land described in a
deed to Stumm, recorded in Deed Book 281 page 412; thence South 00 degrees 03 minutes 50
seconds East along the west line thereof 330.00 feet to a REBAR/CAP at the southwest corner
thereof; thence North 89 degrees 14 minutes 34 seconds East parallel with the north line of the
Northeast Quarter 1056.00 feet to the southeast corner of a tract of land described in a deed to
Frederick, recorded as instrument number 9545201, and on the east line of the west half of the
Northeast Quarter; thence South 00 degrees 03 minutes 50 seconds East along said east line
2030.77 feet to the northeast corner of a tract of land described in a deed to Lasher, recorded as
instrument number 9213826; thence South 89 degrees 15 minutes 12 seconds West along the
north line thereof 130.00 feet to a REBAR/CAP at the northwest corner thereof; thence South 00
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degrees 03 minutes 50 seconds East along the west line of said Lasher tract 271.00 feet to a
railroad spike on the south line of the Northeast Quarter; thence South 89 degrees 15 minutes 12
seconds West along the south line of said quarter 365.00 feet to the a railroad spike at the
southeast comer of a tract of land described in a deed to Frank, recorded in Deed Book 163 page
280; thence North 00 degrees 04 minutes 33 seconds West 330.00 feet to the southeast comer of
a tract of land described in a deed to Pierson, recorded as instrument number 9364918; thence
North 01 degrees 13 minutes 35 seconds East along the east line thereof 60.44 feet to a
REBAR/CAP, thence the following thirteen (13) courses along the lines of said tract, nine (9) of
which are also along Elliott Creek; (1) North 27 degrees 36 minutes 44 seconds West 177.33
feet; (2) North 17 degrees 26 minutes 49 seconds West 57.75 feet; (3) North 06 degrees 33
minutes 38 seconds East 59.39 feet; (4) North 88 degrees 53 minutes 52 seconds West 380.61
feet; (5) North 54 degrees 23 minutes 18 seconds West 158.25 feet; (6) North 32 degrees 36
minutes 31 seconds West 96.43 feet; (7) North 08 degrees 48 minutes 39 seconds West 159.88
feet; (8) North 36 degrees 36 minutes 53 seconds West 43.86 feet; (9) North 56 degrees 59
minutes 39 seconds West 141.03 feet; (10) South 00 degrees 49 minutes 57 seconds East 725.49
feet; (11) South 73 degrees 29 minutes 19 seconds East 139.54 feet; (12) North 89 degrees 15
minutes 15 seconds East 50.00 feet; (13) South 01 degrees 00 minutes 58 seconds East 356.12
feet to a railroad spike on the south line of the Northeast Quarter; thence South 89 degrees 15
minutes 12 seconds West along the south line thereof 222.21 feet to a Stone in two boxes 1.2 feet
down at the southwest comer of the Northeast Quarter; thence South 89 degrees 14 minutes 59
seconds West along the south line of the Northwest Quarter 1339.34 feet to the Point of
Beginning. Containing 130.021 acres, more or less.
Also, Part of the Southeast Quarter of Section 28, Township 18 North, Range 3 East of the
Second Principal Meridian in Hamilton County, Indiana, and being described as follows:
Beginning at the Southwest comer of said Southeast Quarter; thence North 89 degrees 23
minutes 24 seconds East along the south line thereof a distance of 2672.38 feet to the southeast
comer thereof; thence North 00 degrees 07 minutes 17 seconds East along the east line of said
Southeast Quarter a distance of 2630.92 feet to the Northeast comer thereof; thence South 89
degrees 15 minutes 12 seconds West along the north line of said Southeast Quarter a distance of
2069.03 feet to a point distant 608.11 feet east from the northwest comer of said Southeast
Quarter; thence South 00 degrees 15 minutes 45 seconds West a distance of 506.25 feet; thence
South 89 degrees 29 minutes 11 seconds West a distance of 605.89 feet to the west line of said
Southeast Quarter; thence South 00 degrees 01 minutes 11 seconds West along said west line a
distance of 2120.73 feet to the Point of Beginning. Containing 154.34 acres, more or less.
Also, Part of the Southeast Quarter of the Northeast Quarter of Section 29, Township 18 North,
Range 3 East in Clay Township, Hamilton County, Indiana, and being described as follows:
Beginning at the Southeast comer of the Northeast Quarter of Section 29, Township 18 North,
Range 3 East, thence South 89 degrees 13 minutes 03 seconds West (assumed bearing) along the
south line of the Southeast Quarter of said Northeast Quarter a distance of 1328.06 feet to the
Southwest comer thereof, thence North 00 degrees 13 minutes 45 seconds West along the west
_ line of said Quarter Quarter a distance of 985.83 feet; thence North 89 degrees 12 minutes 53
.
.
.
seconds East parallel with the north line of said Quarter Quarter; a distance of 1332.61 feet; to
the east line of said Quarter Quarter, thence South 00 degrees 02 minutes 07 seconds West along
said east line of said Quarter Quarter a distance of 985.95 feet to the Point of beginning,
containing 30.107 acres, more or less.
Containing, in all, 717.074 acres, more or less.
.
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EXHIBIT B
A Dart of the Southeast Quarter of Section 29, Township 18 North. RamIe 3 East. of the Second
PrinciDal Meridian. Clay Township. Hamilton County, Indiana. being more Darticularly
described as follows:
Commencim! at the Southeast corner of said Southeast Ouarter Section: thence South 88 degrees
51 minutes 10 seconds West along the south line of said Southeast Quarter Section a distance of
1978.63 feet to the Point of Beginnim! at the southwesterly corner of a tract of land as described
in a Ouitclaim Deed to Wendy M. Fortune recorded as Instrument Number 8915090 in the Office
of the Recorder of said County: thence continuing South 88 degrees 51 minutes 10 seconds West
along said south line a distance of 668.05 feet to the Southwest comer of said Southeast Ouarter
Section: thence North 00 degrees 24 minutes 33 seconds West along the west line of said
Southeast Ouarter Section a distance of 1437.39 feet to the southwesterly corner of a tract of land
as described in a Ouitclaim Deed to John A. Smith and Donna L. Anderson recorded as
Instrument Number 9360403: thence North 88 degrees 29 minutes 35 seconds East along the
southerly line of said Smith-Anderson tract and the extension thereof a distance of 658.94 feet to
a northwesterly corner of the aforesaid Fortune tract: thence South 00 degrees 46 minutes 26
seconds East along the westerly line of said Fortune tract a distance of 1441.43 feet to the Point
of Bef!innim!. Containing 21.923 acres. more or less.
.
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EXHIBIT C
Deciduous and Evergreen Trees Not Permitted:
Botanical Name (Common Name)
Acer Negundo (Box Elder)
Acer Saccharinum (Silver Maple)
Ailanthus Altissima (Tree of Heaven)
Asimina Triloba (Pawpaw)
Betula Papyrifera (Canoe Birch)
Betula Pendula (European Birch)
Carya Ovata (Shagbark Hickory)
Elaegnus Angustifolia (Russian Olive)
Fraxinus Species (Ash) 2
Ginkgo Biloba (Ginkgo) 3
Gleditsia Triacanthos (Honey Locust) 1
Juniperus Scopulorum (Western Red Cedar)
Juniperus Virginiana (Eastern Red Cedar) 4
Malus Species (Flowering Crabapples) 5
Morus Species (Mulberry)
Pinus Banksiana (Jack Pine)
Pinus Sylvestris (Scotch Pine)
Populus Species (Poplar)
Prunus Cerasifera (Cherry Plum)
Prunus Serotina (Wild Cherry)
Ptelea Trifoliata (Wafer Ash)
Rhamus Species (Buckthorn)
Robina Pseudoacacia (Black Locust)
Sorbus Species (Mountain Ash)
Evergreen and Deciduous Shrubs Not Permitted:
Botanical Name (Common Name)
Alnus Species (Alders)
Cephalanthus Occidentalis (Buttonbush)
Conicera Japonica (Japanese Honeysuckle)
Corontila Varia (Crown Vetch)
Corylus Species (Hazels)
Cotinus Coggygria (Smokebush)
Robina Hispida (Rose Acacia)
Rosa Multiflora (Multifora Rose)
.
.
.
The plants listed above are considered poor and should not be used at this site. Each
plant listed either suffers from excessive insect problems (borers, aphids, etc.) thorns,
smell, fragility, undesirable fruit or other problems.
1. Fruiting and thorny varieties plus "shademaster", imperial, and "sunburst"
2. Seeding varieties only
3. Female only
4. Except for "canaertiil" variety
5. Only varieties highly susceptible to black spot, mites, rust, and fire blight
INDS01 DRW 689518vlg
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ClAY Township, Hamilton County
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dta/;/ished by 'Brenwick for set1'f"emcllr.
ill HJe Jltar.2000.
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