HomeMy WebLinkAboutOrdinance - 1st Draft 08-27-04
1 ST DRAFT 8-27...04
Sponsor:
ORDINANCE NO.
Monon & Main
PLANNED UNIT DEVELOPMENT
DISTRICT
Plan Commission Docket Nos.
04070035Z
04070036 DP/ADLS
H:\Janet\Eden \PUD Draft I 082704.doc
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TABLE OF CONTENTS
AND SCHEDULE OF EXHIBITS
T ABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance................................................................................................. 4
Section 2. Permitted Uses and Development Requirements for Primary Area ...............................5
Section 3. Permitted Uses and Development Requirements for Secondary Area. . . . . . . . . . . . . . . . . . . . .. 8
Section 4. Accessory Buildings and Uses............................................................................................ 9
Section 5. Communication Equipment ....... ........... ........ ............ ........... ....... ... ............................. ........9
Section 6. Platting......................... ...........................................................................................9
Section 7. Landscaping................................................................................................................. ~....... 9
Section 8. Lighting......................... .......................................................................................10
Section 9. Proiect Marketing Signs....................... ................................................................11
Section 10. Parking......................... .......................................................................................11
Section 11. Mechanical Equipment ...................................................................................................11
Section 12. Homeowners Association and Declaration ofCovenants..............................................11
Section 13. Approval Process ........................................................................................................... .11
Section 14. Rules of Construction...................................................................................................... 12
S ecti on 1 5 . De fini ti 0 ns ....................................................................................................................... 12
Section 16. Violations.................................................................................................................... .... 16
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SCHEDULE OF EXHIBITS
A. Legal Description
B. Permitted Primary Area Uses
C. Building Renderings and Elevations for Primary Area
D. Building Renderings and Elevations for Secondary Area
E. Community Mailbox Rendering for Secondary Area
F -1. Landscape Plan for Primary Area and Secondary Area
F-2. Building base landscape plan for Primary Area
F-3. Building base landscape plan for Secondary Area
G-1. Front building lighting for Primary Area and Secondary Area Building
G-2. Rear building lighting for Primary Area and Secondary Area Building
G-3. Site lighting plan for interior site and parking areas
H-1. Site Plan Marketing Sign Locations
H-2. Project marketing signs
I. Conceptual Plan
J. Primary Area and Secondary Area map
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Sponsor:
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
MONON & MAIN
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit
Development District in accordance with the requirements ofI.C. 9 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth herein (the "Monon & Main Ordinance")
which establishes the Monon & Main Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC 936-7-4-1500 et seq., it adopts this
Monon & Main Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall
be in full force and effect from and after its passage, (ii) all prior commitments shall be null and
void and replaced and superseded by this Monon & Main Ordinance, and (iii) this Monon &
Main Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
Section 1
Aoolicability of Ordinance
U The Official Zoning Map of the City of Carmel and Clay Township, a part of the
Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in
Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be known as
Monon & Main.
U Development in the District shall be governed entirely by (i) the provisions of this
Monon & Main Ordinance and its exhibits, and (ii) those provisions of the Carmel/Clay
Zoning Ordinance specifically referenced in this Monon & Main Ordinance. In the event
of a conflict between this Monon & Main Ordinance and the' Carmel/Clay Zoning
Ordinance or the Sign Ordinance, the provisions of this Monon & Main Ordinance shall
apply.
11 Any capitalized term not defined herein shall have the meaning as set forth in the
Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this Monon &
Main Ordinance.
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Section 2 . Permitted Uses and Development Reauirements for Primary Area. Main
Street west of Range Line Road is a relatively intact example of street front retail. The emphasis
is on encouraging new construction and renovations that conform to the desired character and
prohibiting changes that do not conform to the existing character. The Primary Area will
enhance the pedestrian commercial activity in the Old Town District. All new construction of
and alterations and additio buildings ~~~c~:ccor:~~~win~ul~e~ .~~.~
2.1. Use. T' e B3 Zonin Classification' shall apply to the Primary Area and the I v L ~
permitted us e Primary Area are set forth in what is attached hereto and
incorporated herein by reference as E~hibit "B" (hereafter "Permitted Primary
Area Uses"). The Permitted Primary Area Uses shall be subject to the following:
A. No drive-through or drive-up facilities are allowed for any use, including
automotive, banking, or food sales.
B. Multi-family residential uses, including. Attached Dwellings and
Live/Work Dwellings, shall be permitted.
2.2. Building mass.
A. New buildings and renovations shall follow the general massing of a
"Main Street" commercial block, i.e., a rectangular building with a flat or
slightly sloped roof, oriented perpendicular to the street.
B. Building height shall be limited to three (3) floors.
c. The first floor and all other Floors shall have a coordinated composition,
which will usually be indicated by the alignment of upper floor windows
.and other features with openings and features of the first floor.
2.3. Materials.
A. The first floor and upper floors may be composed of different materials.
The Fa9ade of the upper floors on any building that faces a public street
may be constructed of wood siding, brick, stucco, or other masonry units,
and trimmed in stone, contrasting brick, wood, or pre-cast concrete.
B. The first floor of a new or renovated building shall incorporate
architectural elements consistent with the theme of promoting first floor
storefronts and said storefront architectural elements may be inserted into
a masonry, wood, stone or concrete panel frame which is coordinated with
the upper floor. Storefronts shall be a lightweight material including, but
not limited to, aluminum, glass, wood, tile, and panelized composites.
c. The materials in the rear of the building shall be coordinated with the front
Fa9ade, although they may be different.
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D.
On the front Fa9ade, at least fifty percent (50%) of the total area of the
first floor (up to the line of the second floor) shall be transparent vision
glass.
G.
Front and side Fa9ades of buildings located on corner lots shall be of the
same materials and similarly detailed.
Exterior walks, steps, ramps an, d paving shall be masonry or stone pavers, b.~ \~~, . .' l-
or poured or pre-cast concrete. , ~. r
Attached hereto and incorporated herein by reference as xhibit "c" re "'(jL
building renderings and elevations for the buildings to be con cted in
the Primary Area (hereafter "Building Renderings for Primary Area").
E.
F.
2.4. Windows" Doors.
A. A separate entrance facing a public street shall be provided to the upper
floors of a building if the use differs from the one on the ground floor.
B. Each Floor shall have windows.
2.5. Roof. Roofs shall have a pitch of less than three to twelve (3: 12) and shall not be a
substantially visible part of the building.
2.6. Alterations and Additions. Existing buildings may be 'substantially modified to
conform to these guidelines, except for designated historic structures.
2.7. Details.
A. Cornices and other details of existing buildings may not be removed,
unless the building containing the Cornices and other details is completely
removed in its entirety as part of the Development of the District.
B. The Fa9ade should have a flat front, with relief provided by minor bays,
windows and window trim, storefronts, recessed doors, and features such
as special brick coursing, Pilasters and lintels.
c. All new buildings shall have an articulated Cornice at the top of the
Fa9ade wall.
2.8. Setbacks.
A. Front Setback. The buildings shall be situated on the front property line
except for minor recesses for entrances and outdoor seating/dining.
B. Side Setback. There are no minimum side setbacks; however, mid-block
pedestrian access to rear parking shall be a minimum of six (6) feet wide.
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2.9. Entrances.
A. The principal entrance to all retail areas shall face the public street.
B. Additional entrances may face the side of the building.
c. No rear entrances are allowed except for residential or office uses,
emergency exits, employees, loading and trash removal.
2.10. Storefronts. Storefronts may be internally illuminated with spots or other
incandescent lighting, so as to display prominently and attractively the business or
its products. Exterior lighting may be affixed to the building.
2.11. Permanent Signs" Awnings and Murals.
A. Maximum sign area: First floor occupants shall be allowed a total of one
and a half (1-1/2) square feet of sign for each linear foot of street frontage,
except that no single sign may exceed thirty-two (32) square feet in area.
B. Freestanding permanent signs are prohibited.
c. Building signs shall tit within the horizontal and vertical elements of the
building and may not obscure details of the building.
D. Signs may be perpendicular or flat-mounted, including separately mounted
letters. Perpendicular signs may not extend more than five (5) feet from
the face of the building.
E. No sign shall extend above the Cornice line of the building.
F. Allowable signs may also be painted in graphics in storefront or upper
floor windows. Signs may also be imprinted on awnings. Signs may also
be painted on the sides of buildings (see Subsection 11 (j) below). All such
signs will be included in the calculations for maximum sign area.
G. Retractable or fixed fabric awnings are allowed, but these shall fit within
the storefront glass area and may not obscure details of the building.
Awnings may only be supported with building-mounted hardware.
H. Individual tenants should strive for a unique graphic image, rather than be
required to conform to a single graphic style for the whole building.
I. Portable signs or displays of merchandise within the street right-of-way,
sidewalk or the front setback of the building shall not be allowed.
J. Graphics painted on the sides of buildings that are essentially commercial
in character or describe activities in the adjacent building shall be
considered "signs". Graphics painted on the sides of buildings are
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otherwise permitted but shall be reviewed for conformance with this
regulation.
2.12. Parking and Loading Reauirements.
A.
Parking lots shall be located in the rear of the building only.
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Parking s all be provided at the ratio of one space for everyone thousand
two hund d (1200) square feet of gross area in the building. Where the
t · area is less than ~hree tho.usand (3000) square feet, the oWllt?r 0 r':"'"
shall be exempt from parkmg reqUIrements.... r~ ci.R. Z ~~ Vf..1,u ~
On-street parking may not be used to fulfill parking requirements; d
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D.
Parking may be provided on-site or in a convenient remote lot not more
than four hundred (400) feet from. the property.
E.
Parking requirements may be reduced if businesses with substantially
different peak hour requirements agree to share parking. A petition shall
be filed with the application indicating the terms of agreement of parties to
a shared parking arrangement.
F.
While existing curb cuts may be maintained, no new curb cuts are allowed
on Main Street, and no parking lots or loading areas may front on Main
Street.
G.
Screened loading and trash areas shall be provided for all businesses at the
rear of the building.
Section 3 Permitted Uses and Development Requirements for Secondary Area. This
Secondary Area will balance the pedestrian commercial activity in the Old Town District with
multi-family residences. All new construction, alterations and additions to buildings located in
the Secondary Area shall occur according to the following guidelines:
3.1. Use. Permitted Uses in the Secondary Area include:
A. Multi-family residential uses, including Attached Dwellings
B. Accessory Uses, including Home Occupation
3.2. Maximum Building Height: The maximum Building Height shall be three (3)
Floors.
3.3 Minimum Set Backs: The Minimum Set Back from the north, west and east
perimeter boundary lines of the Secondary Area shall be five (5) feet. There shall
be no Minimum Set Back from the south boundary line of the Secondary Area.
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3.4 Architecture
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A. Buildin Attached hereto and incorporated
herein by reference as " xhibi e a rendering and elevations,
depicting the building mate · Is and arc · ectural elements of the buildings
which shall be constructed in e econdary Area (hereafter "BuA,lding
Renderings for Secondary Area"). ~d~ ~ W ~-
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B. Communit mail x st ctures. Attached hereto and incorporated herein
by reference as,' xhibit "E" is rendering of the community mail box
structures for th Secondary A a (hereafter "Secondary Area Community
Mail Box Structure " .
Section 4 Accessorv Buildin2s. All Accessory Structures and Accessory Uses shall be
permitted except that any detached accessory building shown in any Development Plan shall
have on all sides the same architectural features or shall be architecturally compatible with the
principal building(s) with which it is associated.
Section 5 Communications Eauipment. Cell towers shall not be permitted in the District.
Home satellite dishes shall be permitted in the District.
Section 6 Plattin2:. The platting of the Real Estate into smaller tracts shall be permitted, so
long as the proposed plat complies with the requirements set forth herein, and the creation of a
new property line within the Real Estate shall not impose or establish new development
standards beyond those specified herein for the entirety of the Real Estate. However, the
Development of any parcel shall conform to all Preliminary Development Plans and Final
Development Plans which are approved or amended per the terms of Section 13 below, and all
other applicable requirements contained in this Monon and Main Planned Unit Development
District Ordinance.
Section 7 Landsc3pin2. Landscaping shall be required in accordance with the Landscape
Plan for the Primary Area and Secondary Area. All areas of the site not to be covered by
buildings, hardscape materials or other improvements as shown on the Development Plan shall
be planted with trees, shrubs, hedges, ground covers, and/or grasses, unless such area consists of
attractive vegetation to be retained, as depicted on the Landscape Plan for the Primary Area and
Secondary Area, which is attached hereto and incorporated herein by reference as Exhibit "F -1".
7.1 Planting Standards. Landscaping shall be integrated with other functional and
ornamental site design elements, where appropriate, such as hardscape materials,
paths, sidewalks, or any water features; and planted at a ratio of six (6) shrubs per
unit and (1) one tree per unit. Deciduous trees planted to satisfy the landscaping
requirements of this Ordinance shall have at least a two and one-half (2-1/2) inch
caliper and seven (7) feet in height at the time of planting unless otherwise specified
herein or otherwise indicated on the Landscape Plan. Evergreen trees shall be a
minimum of three (3) to four (4) feet in height at the time of planting. Shrubs shall
be two (2) feet in height at the time of planting. All trees, shrubs and ground covers
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shall be planted according to accepted horticultural standards. Landscaping
materials shall be appropriate to local growing and climatic conditions. Plant
suitability, maintenance and compatibility with site construction features are critical
factors that should be considered. Plantings should be designed with repetition,
structured patterns, and complementary textures and colors, and should reinforce
the overall character of the area.
7.2 Maintenance. It shall be the responsibility of the owners and their agents to insure
proper maintenance of project landscaping approved in accordance with this Monon
& Main Ordinance. This is to include, but is not limited to, irrigation and mulching
of planting areas, replacing dead, diseased, or overgrown plantings with identical
varieties or a suitable substitute, and keeping the area free of refuse, debris, rank
vegetation and weeds.
7.3 Tree Conservation. Existing trees as identified on the Landscape Plan as "Tree
Conservation Area" shall not be removed from the Real Estate except as follows:
1. As is necessary to clear underbrush and dead trees;
2. As is necessary for the installation of access easements, rights-of-way,
streets, paths, sidewalks, and utilities and drainage improvements and
infrastructure; and
3. As necessary for public health and safety.
7.4 Landscape Plans. Landscaping for the District shall be in accordance to: (i) the
Landscape Plan for the Primary Area and Secondary Area, which is attached hereto
and incorporated herein by reference as Exhibit "F-l"; (ii) the Building Base
Landscape Plan for the Primary Area, which is attached hereto and .incorporated
herein by reference as Exhibit "F-2"; and (iii) the Building Base Landscape Plan for
the Secondary Area, which is attached hereto and incorporated herein by reference
as Exhibit "F-3".
Section 8 Li!!htioe:
8.1. Front lighting. for Primary Area and Secondary Area Buildings. Each building shall
have one (1) light fixture mounted to the front of the unit above or near the side of
the primary residential entryway. The light shall be as depicted on Exhibit "G-I."
8.2 Rear Ii htin for Primar Area and Secondar Area Buildin s: Each Townhome
shall have one (1) exterior grade light fix e oun above (the overhead garage
door. The lights shall be as depicted on hibit "G-2". ach Townhome shall have J
one (1) exterior grade light fixture mou ed on t ~ar O. f the.... unit designed ~~ nA ,
provide light to the terrace area. '" ~S \t) ~ oJ;kUvv
8.3 Site Lighting: The site shall include small pole mounted lighting in locations as
depicted on what is attached hereto and incorporated herein by reference as Exhibit
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"G-3". The light shall be as depicted on Exhibit "0-3".
Section 9 Proiect Marketine: SiI!DS. Marketing Signs for the sale of Townhome units shall
be allowed in designated areas as depicted on the Site Plan Marketing Sign Locations, which is
attached hereto and incorporated herein by reference as Exhibit "H -1 ". While Marketing Signs
may be moved in conjunction with project phasing, no more than three (3) locations maybe
utilized at any given time. Marketing Signs shall be substantiall slmu N9 at as depicted on \AJ
what is attached hereto and incorporated herein by reference as xhibit "H-2". ~ MlQ> \t'Vl--
Section 10 Parkinl!:. Notwithstanding the provisions of Section . , each Townhome shall
contain a minimum of a two (2) car garage. There shall be additional parking spaces provided on
. the site, as depicted on the Development Plan.
Section 1'1 Mechanical Eauioment. Any mechanical equipment visible from an adjoining
public street shall be screened with suitable landscaping or fencing in general architectural
compatibility with the building(s) with which it is associated.
Section 12 Homeowners Association and Declaration of Covenants. The Developer shall
prepare and record a Declaration of Covenants which shall also contain various provisions
regarding the Real Estate as determined by the Developer, including, without limitation,
provisions for mandatory assessments and maintenance of common areas. The Declaration of
Covenants will also provide for the establishment of a Homeowners Association in which
membership shall be mandatory.
Section 13
Approval Process:
13.1 Approval of the Development Plan.
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A.
Exhibit "I", which is attached hereto and incorporated herein by reference,
shall serve as the Conceptual Plan (the "CP"). The CP has been reviewed
and approved by the Plan Commission. The CP constitutes the
Development Plan and primary plat for the Real Estate. The architecture,
design, lighting and landscaping for the Real Estate and the improvements
thereon, considered in connection with the Monon & Main Ordinance, do
not require any further (i) ADLS approval or (ii) Development
Plan/primary plat approval. other than Final Development Plan approval
er the procedure set forth below in this Section 13 &-\ If there is a
Substantial Alteration in the approved ADLS and Development
Plan/primary plat, review and approval of the amended plans shall be
made by the Commission, or a Committee thereof, pursuant to the
Commission's rules of procedure. Minor Alterations and Material
Alterations may be approved by the Director.
B.
The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Final
Development Plans/Secondary Plats (collectively, the "FDP") for the
District; provided, however, that the Director shall not unreasonably
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withhold or delay the Director's approval of the FDP that is in substantial
conformance with the CP and is in conformance with the Development
Requirements and Development Standards of this Monon & Main
Ordinance. If the Director disapproves any FDP, the Director shall set
forth in writing the basis for the disapproval and schedule the request for
approval of the FDP for a hearing before the full Plan Commission.
C. An amendment to the FDP, which is not determined by the Director to be
a substantial or material alteration from the approved CP, may be
reviewed and approved solely by the Director. However, in the event the
Director determines that there has been a Substantial Alteration or
Material Alteration between the approved CP and any proposed FDP, the
Director may, at the Director's discretion, refer the amended FDP to the
Commission, or a Committee thereof, for review and approval by the
Commission and/or a Committee thereof.
D. The FDP shall be a specific plan for the development of all or a portion of
the Real Estate that is submitted for approval to the Director, which shall
include reasonable detail regarding the facility and structures to be
constructed, as well as drainage, erosion control, utilities, and building
information.
Section 14
Rules of Construction:
14.1 General Rules. of Construction. The following general rules of construction and
definitions shall apply to the regulations of this Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present.
C. The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is a preferred requirement.
Section 15 Definitions
1. Accessory Structure. A structure subordinate to a building or use located on the
Real Estate which is not used for permanent human occupancy.
2. Accessory Use. A use subordinate to the main use, located on the Real Estate or in
the same building as the main use, and incidental to the main use.
3. Attached Dwelling. A Dwelling, including but not limited to, a Townhouse, duplex,
triplex, or quadriplex dwellings, developed side by side for sale as condominiums
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or townhomes pursuant to a horizontal property regime, or as fee simple dwellings
where land is sold with the dwelling.
4. Building Height. The vertical distance from the highest grade relative to the Street
frontage to the cornice line or to the roof edge line. The vertical distance from the
cornice line or the roof edge to the parapet of roof ridge (including gables), and the
heigh~ of towers, steeples, cupolas and other architectural roof embellishments are
not included in calculating building height.
5. City. The City of Carmel, Indiana.
6. Commission. The Carmel/Clay Plan Commissiqn.
7. Cornice. The top part of an entablature, usually molded and projecting.
8. Council. The City Council of the City of Carmel, Indiana.
9. County. Hamilton County, Indiana.
10. Declaration of Covenants. A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time, be
amended.
11. Plan" Conceptual. A general plan for the development of the Real Estate that is
submitted for approval showing proposed facilities, buildings, and structures. This
plan generally shows landscape areas, parking areas, site access, drainage features,
and building locations. The Conceptual Plan is attached hereto and incorporated
herein by reference as Exhibit "I".
12. Development Plan" Final. A specific plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and structures.
This plan review includes general landscaping, parking, drainage, erosion control,
signage, lighting and building information for the site.
13. Development Requirements. Development standards and any requirements
specified in this Monon & Main Ordinance which must be satisfied in connection
with the approval of a Final Development Plan.
14. Developer. A person engaged in development of one or more phases of the
Development.
15. Development. The Real Estate constituting the District as it may be developed and
improved in accordance with this Ordinance and the Development Requirements
contained herein.
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16. Development Plan. Also referred to as the Conceptual Plan, which is the plan for
the development of the District approved by the Commission, a copy of which is
attached hereto as Exhibit "I", as the same may be modified from time to time
pursuant to Section 13. Also referred to as Preliminary Development Plan.
17. Director. Director, or Administrator, of the Department of Community Services for
the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her
authorized representatives.
18. District. Approximately 4.45 acres of land described in Exhibit "A" attached hereto
and incorporated herein.
19. Dwelling. A room or combination of rooms which may be designed for year-round
habitation, containing a bathroom and kitchen facilities, which may be designed for
and/or used as a permanent residence by at least one person. See also "Attached
Dwelling" and "Live/Work Dwelling."
20. Facade. A building face or wall.
21. Floor. See definition of Story.
22. Material Alteration: Any change to an approved plan of any type that involves the
substitution of one material, species, element, etc. for another.
23. Minor Alteration: Any change to an approved plan of any type that involves the
revision of less than ten percent (10%) of the plan's total area or approved
materials.
24. Landscape Plan. The general design for landscaping in the District depicted on the
Development Plan or on a plan or drawing submitted to the Department.
25. Landscaping. Trees, shrubs, hedges, flowers ground covers grasses, other plant
materials and associated structures and improvements.
26. Live/Work Dwelling. A type of Attached Dwelling in which the uses permitted in
the Primary Area are permitted in the Live/Work Dwelling pursuant to Section 2 of
this Ordinance.
27. Marketing Sign. A temporary sign which advertises the sale, rental or development
of the premises upon which it is located.
28. Mixed Use. The combination of both commercial and residential uses within a
single building of two or more stories.
29. Modification. A change to the Development Requirements approved pursuant to
Section 13.
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30. Open Space. A land surface within the Development intended to enhance the use
and enjoyment of residents of the Development, where designated, the community
at large. Grass and landscaped areas, hardscape materials, paths and sidewalks may
be included in the required area calculations.
31. Owners' Association. An Indiana nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of Monon & Main, and
to manage, maintain, and repair the common areas within the Real Estate and any
improvements located thereon.
32. Pilaster. A column partially embedded in a wall.
33. Primary Area. That part of the District more particularly delineated in green on the
Primary Area and Secondary Area Map attached hereto and incorporated herein as
Exhibit "J". The line delineating the Primary Area boundaries may be adjusted by
ten (10) feet to the north or south.
34. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described
in Exhibit "A".
35. Right-of- Way: An area of land permanently dedicated to provide light, air and
access.
36. Secondary Area. That part of the District more particularly delineated in yellow and
located north of the Primary Area as more particularly delineated on the Primary
Area and Secondary Area Map attached hereto and incorporated herein as Exhibit
"J". The line delineating the Secondary Area boundaries may be adjusted by ten
(10) feet to the north or south.
37. Set Back: The least measured distance between a building or structure, excluding,
however, porches, patios, and the perimeter boundary of the Real Estate. For
purposes of determining Set Back, the perimeter boundary of the Real Estate
(i) shall always mean and refer to the outside perimeter boundary line of the Real
Estate and (ii) shall not be changed or reduced by reason of the platting or
subdivision of the Real Estate into smaller parcels.
38. Sign: Any type of sign as further defined and regulated by this Ordinance and the
Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended.
39. Story and/or Stories. A habitable level and/or levels 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 fifty percent (50%) of the basement
elevation is above grade at the build-to line.
40. Street. The paved areas located in the District designed for vehicular traffic and
labeled on the Development Plan as a street with a corresponding name.
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41. Substantial Alteration: Any change to an approved plan of any type that involves
the revision of ten percent (10%) or more of the plan's total area, total square
footage of all buildings, or approved materials.
42. Townhome: A Dwelling of two (2) or more Dwellings arranged side by side,
separated by common walls between living areas, each having more than one story.
43. Townhome Building: A structure containing Townhomes.
44. Trim: Soffits, architraves, wood reveals, and casement around doors and windows.
Section 16 Violations
16.1 All violations of this Manon & Main Ordinance shall be subject to Section 34.0 of
the Carmel/Clay Zoning Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana this _ day of
, 2004, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Ronald E. Carter, President Pro Tempore
Brian D. Mayo
Fredrick J. Glaser
Mark Rattermann
Joseph C. Griffiths
Richard L. Sharp
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana the
, 2004, at o'clock .M.
day of
16
Diana L. Cordray, IAMC, Clerk Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this
, 2004, at 0' clock .M.
day of
James Brainard, Mayor
A TrEST:
Diana L. Cordray, IAMC, Clerk Treasurer
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This In strum.. e.nt prepared by: . ~ 'i:'
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H:\Janet\Eden\PUD Draft 1 082704.doc
17
EXHIBIT A
DESCRIPTION OF REAL ESTATE OF FREDERIC.K Po HINSHAW
AND NANCY B. HINSHAW
TRACTl
A part of the East Half of the Northeast Quarter of Section 25, Township 18 North, Range 3 East,
described as follows: Beginning 69 rods 4 feet 6 inches West of the Southeast comer of said
Quarter section, run thence North 18 rods 7 feet, thence West 10 rods, thence South 18 rods 7
feet, thence East 10 rods to the place of beginning, the same being located in the Town of
Carmel, Hamilton County, Indiana, containing 1.15 acres, more or less.
Subj ect to the right of way for Main Street (131 st Street).
Subject to all legal easements and rights of way.
TRACT 2
Part of the East Half of the Northeast Quarter of Section Twenty-Five (25), Township Eighteen
(18) North, Range Three (3) East, described as follows: Begin 51 rods and 14 feet "Vest of the
Southeast comer of said Quarter Section and run North 18 rods and 7 feet, thence West 15 rods
and 10 feet, thence South 18 rods and 7 feet, thence East 15 rods and 10 feet to the place of
beginning, in Hamilton County, Indiana, containing 1.80 acres, more or less.
Subject to the right of way for Main Street (131 st Street)
Subject to all legal easements and rights of way.
TRACT 3
A part of the Southwest Quarter of the Northeast Quarter of Section 25, Township 18 North,
Range 3 East in Hamilton County, Indiana, more particularly described as follows: Begin at the
Southeast comer of the SOllthwest Quarter of the Northeast Quarter of said Section 25, and run
thence North on the East line of said Quarter Qllarter Section 307 feet; thence West parallel with
the South line of said Quarter Section 212.83 feet; thence South parallel with said East line, 307
feet to the South line of said Quarter Section; thence East on said South line 212.83 feet to the
place of beginning, containing 1.50 acres, more or less.
Subject to the right of way for Main Street (131 st Street)
Subject to all legal easements and rights of way.
EXHIBIT
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EXHIBIT "B"
Tl1C fc110wing is a Schedule ofPern1itied Uses pertaining to tIle llse atld development of
tile'Primary Area:
RESIDENTIAL
Multiple Family Dwelling
Home Occupation
Boarding or Lodging House
Nursing/Retirement/Conv.alescent Facility
Live/Work Unit
OFFICE
Clinical or Medical Health Center
Research Laboratory/Facility
General Offices
Professional Offices
INSTITUTIONAL
Church/T~mple/Place of Worship
Hospital
Library
Post Office
Public Service Facility
EDUCATIONAL
School, Trade or Business
College or University
Day Nursery/Day Care
Kindergarten/Preschool
RETAIL & SERVICE
General Retail Sales
General Service
Automobile Service Station
Automobile/Truck Repair (indoor)
Dry Cleaning Establishment (w/ on-site plant)
Dry Cleaning Establishment (w/out on..:site plant)
Equipment Sales/Repair (indoor)
Financial Institution
ATM
Funeral Home/Mortuary/Crematory
Recreational Vehicle/Mobile Home Sales
Roadside Sales Stand
Self-Service Laundry
Veterinary Hospital w/out commercial kennel
Wholesale Sales
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~:; ULTURALIElvTE1? TAIN1vfEiVT
Art Gallery
Art & Music Center
Carnivals, Fairs, Circuses, etc.
Hotel
Hotel (full service)
Indoor Theater
Catering Establishment
Restaurant, w/out drive-thru food sales
Meeting or Party Hall
Tavern/Night Club
INDUSTRIAL
Storage and/or Sale of Petroleum Products
Printing/Publishing Establishment
AGRICULTURAL USES
Plant Nursery
General Agriculture
RECREATIONAL
Commercial Recreational Facility, Indoor
Commercial Recreational Facility, Outdoor
Country Club
Golf Course
Private Club or Lodge
Private Recreational Facility
Park, Public
Shooting Gallery
MISCELLANEOUS
Artificial Lake or Pond (non-platted)
Cemetery
Commercial Parking Lot
TRANSPORT AT/ON & COMMUNICA T/ON
Collocated Antenna
Radio and/or Television Studio
Radio/Television Transmission Antenna
Radio/Television Transmission Tower
Tower
Motor Bus or Railroad Passenger Station
Old Town Vlltage
(Instr.9709749345)
(Plat Cabinet 2, Slide 49)
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