HomeMy WebLinkAboutPages 1-350CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 2: SUBDIVISION REGULATIONS
CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 1: TITLE, PURPOSE, AUTHORITY & JURISDICTION
1.00 Title, Purpose, Authority and Jurisdiction.
1.01 Title.
1.02 Purpose and Intent.
1.03 Authority.
1.04 Jurisdiction.
1.00 Title, Purpose, Authority and Jurisdiction.
1.01 Title.
This Ordinance shall be referred to, and cited, as the Subdivision Control Ordinance, Ordinance No. Z -160, as
amended, of the City of Carmel and Clay Township, Hamilton County, Indiana.
1.02 Purpose and Intent.
This ordinance has been established for the purpose of guiding and accomplishing the coordinated development
of the jurisdiction of Carmel and Clay Township, Indiana, in order to promote, in accordance with present and
future needs, the health, safety, order, convenience, prosperity, and general welfare of the citizenry. In the
accomplishment of this purpose, the regulations as herein established provide for, among other things,
efficiency and economy in the process of development, the proper arrangement of streets, adequate open spaces
for recreation, adequate provision for public utilities and other public facilities, and other requirements for land
subdivision which will tend to create conditions favorable to the health, convenience, and prosperity of the
citizens of the jurisdiction of Carmel and Clay Township, Indiana.
1.03 Authority.
The City of Carmel holds the power to regulate in order to promote orderly development and to improve the
health, safety, convenience and welfare of its citizens through I.C. 36 -7 -4, as amended from time to time.
1.04 Jurisdiction.
WHEREAS, the Town Plan Commission of the Town of Carmel, Indiana, under the date of January 28, 1960,
considered a petition requesting joinder, forwarded by the Clay Township Trustee and the Clay Township
Advisory Board, and being favorable to the petition, the Town Plan Commission recommended joinder to the
Town of Carmel, and the Town Board of Trustees subsequently passed a resolution setting forth the terms of the
joinder, one copy of which was sent to the Clay Township Trustee and one copy of which was filed with the
County Recorder of Hamilton County, Indiana, all in accordance with Chapter 48, Acts of 1959, General
Assembly, State of Indiana. Further, said joinder is transferred to the City of Carmel, established January 1,
1976. Therefore, the area of jurisdiction shall be the incorporated area of the City of Carmel, Indiana, and the
unincorporated area of Clay Township, Hamilton County, Indiana.
Chapter 1: Title, Purpose, Authority & Jurisdiction
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CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 2: SUBDIVISION REGULATIONS
CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 2: ESTABLISHMENT OF CONTROL
2.00 Establishment of Control.
2.01 UNTITLED.
2.00 Establishment of Control.
No plat or replat of a subdivision of land or amendment, including plans or specifications and amendments
thereto, or corrections to an already recorded plat (certificate of corrections, or certificate of error) located
within the jurisdictional area of this ordinance shall be recorded until it shall have been approved by the
Commission and the Carmel Board of Public Works and Safety, if the plat or replat lies within their service
area, and such approval shall have been entered in writing on the plat by the President of the Commission, or its
designee, and the members of the Carmel Board of Public Works and Safety, if applicable. All corrections or
amendments to an approved plat shall be cited as an addendum to and on said approved plat, including the copy
at the office of the Recorder of Hamilton County, Indiana.
2.01 The final location of sidewalks within a proposed subdivision is subject to the approval of the Board of Public
• Works and Safety.
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CHAPTER 2: ESTABLISHMENT OF CONTROL
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
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CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 2: SUBDIVISION REGULATIONS
CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 3: GENERAL PROVISIONS
3.00 General Provisions.
3.01 Violations and Penalties.
3.02 Severability.
3.03 Conflicting Ordinances.
3.04 Non - Interference.
3.05 Effective Date.
3.06 Amendments to the Subdivision Ordinance.
3.07 Variance.
3.08 Copy on File.
3.00 General Provisions.
3.01 Violations and Penalties.
3.01.01 A failure to comply with any of the requirements of this Ordinance, including violations of conditions
and safeguards established in connection with the granting of variances, special uses, rezonings and
development plan approvals shall constitute a violation of this Ordinance.
3.01.02 The Commission, the Board, the Building Commissioner or any designated enforcement official or any
person or persons, firm or corporation jointly or severally aggrieved may institute a suit for injunction
in any court of competent jurisdiction to restrain an individual or a governmental unit from violating
the provisions of this Ordinance.
3.01.03 The Commission, the Board or the Building Commissioner may also institute a suit for mandatory
injunction directing any individual, firm, corporation or governmental unit to remove a structure
erected in violation of the provisions of this Ordinance.
3.01.04 Any building erected, raised or converted, or land or premises used in violation of any provisions of
this Ordinance or of the requirements thereof, is hereby declared to be a common nuisance and as such
may be abated in such manner as nuisances are now or may hereafter be abated under existing law.
3.01.05 Any person, persons or corporations, whether as principal, agent, employee or otherwise, who violates
any part of this Ordinance shall be guilty of a misdemeanor upon conviction, shall be fined not less
than twenty -five dollars ($25.00) and not more than five hundred dollars ($500.00) for each offense.
For purposes of this Ordinance, each day of violation of the terms of this Ordinance shall constitute a
separate offense.
3.01.06 The owner or tenant of any building, structure, premises or part thereof, and any architect, builder,
contractor, realtor, agent or other person who commits, participates in, assists in or maintains such
violation may each be found guilty of a separate offense and suffer the penalties herein provided.
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3.02 Severability.
Should any section or any provision of this Ordinance be declared by a court of competent jurisdiction to be
unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part
thereof, other than the part so held to be unconstitutional or invalid.
3.03 Conflicting Ordinances.
Whenever any provision of this Ordinance imposes a greater requirement or a higher standard than is required
in any State or Federal code or regulation or other City ordinance or regulation, specifically the Uniform
Building Code, One and Two - Family Building Code, Uniform Plumbing Code and the National Electrical
Code, the provision of this Ordinance shall govern. Whenever any provision of any State or Federal statute or
other City ordinance or regulation imposes a greater requirement or a higher standard than is required by this
Ordinance, the provision of such State or Federal statute or other City ordinance shall govern.
3.04 Non - Interference.
It is not the intent of this Ordinance to interfere with, abrogate or annul any easements, covenants, or other
agreements between parties or to interfere with, abrogate or annul any ordinances, rules, regulations, or permits
previously adopted or issued, and not in conflict with any of the provisions of this Ordinance, or which shall be
adopted or issued; however, where this Ordinance imposes a greater restriction upon the use of buildings or
land, or upon the height of buildings, or requires larger open spaces or greater lot area per dwelling unit than are
imposed or required by other easements, covenants or agreements between parties or by such ordinances, rules,
regulations, or permits, the provisions of this Ordinance shall govern.
3.05 Effective Date.
The Subdivision Control Ordinance of the City of Carmel and Clay Township, Hamilton County, Indiana, as
herein presented, shall be in full force and effect from and after its passage by the City Council of the City of
Carmel, Indiana on December 18, 1979.
On this date, Ordinance No. Z -14 passed by the Town Board of Trustees of the Town of Carmel, Indiana, on
December 21, 1957 and May 2, 1961, and the Subdivision Control Ordinance No. Z -160 passed by the City
Council of the City of Carmel, Indiana, on December 18, 1979, respectively, and all amendments thereto, are
hereby repealed and all other ordinances or parts thereof which are in conflict with the terms and conditions of
this Ordinance are hereby repealed.
3.06 Amendments to the Subdivision Ordinance.
3.06.01 Any person, group of persons or organization may seek to amend the Subdivision Control Ordinance.
All amendments shall be subject to State Statutes and to the procedures cited herein.
3.06.02 Whenever an amendment to the Subdivision Control Ordinance is proposed, the applicant or his duly
authorized representative shall meet with the Building Commissioner in order that the Building
Commissioner may undertake a preliminary review of the amendment proposal. The Building
Commissioner shall aid and advise the applicant in preparing his application and supporting materials
as necessary. The applicant shall then submit two (2) copies of the written application form together
with such necessary supporting documents and materials and the application fee, as indicated in
Section 29.6 of the Zoning Ordinance, to the Building Commissioner.
3.06.03 Following the receipt of the written application, necessary supporting documents and materials and the
application fee by the Building Commissioner, he shall then review the materials solely for the
purpose of determining whether the application is complete, in technical compliance with all
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applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials
submitted by the applicant are not complete or do not comply with the necessary legal requirements,
the Building Commissioner shall inform the applicant, in writing, within ten (10) days of the receipt of
the materials, of the deficiencies in said materials. Unless and until the Building Commissioner
formally accepts the application as complete and in legal compliance, it shall not be considered as
formally filed for the purpose of proceeding to succeeding steps necessary to amend the Subdivision
Control Ordinance as hereinafter set forth. Within thirty (30) days of the formal acceptance of the
application by the Building Commissioner, he shall formally file the application by placing it on the
agenda of the Commission according to the Commission's Rules of Procedure.
3.06.04 Once the Building Commissioner has accepted and filed the application with the Commission, the
Commission or its delegate shall assign a docket number and set a date and time for a public hearing.
The Building Commissioner shall notify the applicant in writing of the public hearing. The applicant
shall be responsible for the cost and publication of the published legal notification of the public
hearing which shall appear at least ten (10) days prior to the date of the public hearing. As necessary,
the applicant shall also notify all adjoining and abutting property owners. The Commission shall hold
the public hearing according to its rules of procedure.
3.06.05 Following the public hearing on the Subdivision Ordinance amendment application, the Commission,
within forty-five (45) days of the public hearing, shall review the proposed amendment outlined in the
application and shall notify the applicant in writing of any further changes which are required or
should have consideration before a recommendation on the amendment application can be given.
Within forty-five (45) days of the receipt of materials incorporating the required changes into the
application, the Commission shall make a recommendation to the City Council for approval or denial
of the amendment application. The Commission shall formulate a report to the City Council outlining
the pertinent factors involved in its decision, its recommendation and the vote in regard to said
recommendation. The Commission report shall be certified to the Commission Secretary and shall be
forwarded to the City Council by its next regularly scheduled meeting.
3.06.06 At its next meeting following the receipt of the Commission report, the City Council shall take action
on the Commission report. If the Commission recommendation is positive, the City Council may
approve the proposed amendment to the Subdivision Ordinance if an affirmative vote is obtained. If
the Commission recommendation is negative, the City Council may approve the proposed amendment
to the Subdivision Ordinance if an affirmative vote of at least seventy-five percent (75 %) of the
members of the City Council is obtained. Failure of the City Council to pass the proposed amendment
to the Subdivision Ordinance by the necessary affirmative vote within ninety (90) days after the
negative recommendation is made by the Commission shall constitute rejection of the proposed
amendment. Should the City Council reject the proposed amendment to the Subdivision Ordinance,
by vote or by default, said proposed amendment shall not be reconsidered by the Commission or the
City Council until the expiration of one (1) year after the original recommendation of the Commission.
3.07 Variance.
The Plan Commission may authorize in specific cases such variance from the terms of the Subdivision Control
Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement
of the provisions of said ordinance will result in unnecessary hardship, and so that the spirit of the Subdivision
Control Ordinance shall be observed and substantial justice done. In deciding whether or not the applicant has
presented sufficient proof to permit the granting of a variance, the Plan Commission shall determine that:
3.07.01 The grant of this variance will not be injurious to the public health, safety, morals and general welfare
of the community.
3.07.02 The use or value of the area adjacent to the property included in the proposed plat will not be affected
in a substantially adverse manner.
3.07.03 The need for the variance arises from some condition peculiar to the property and such condition is not
due to the general conditions of the neighborhood.
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3.07.04 The strict application of the terms of the ordinance will constitute an unusual and unnecessary
hardship if applied to the property for which the variance is sought.
3.07.05 The grant of the variance does not interfere substantially with the comprehensive plan.
3.08 Copy on File.
A certified copy of the Subdivision Control Ordinance of the City of Carmel and Clay Township, Hamilton
County, Indiana, as may be amended from time to time, shall be filed in the Office of the Clerk- Treasurer and
shall be available for public viewing during normal office hours.
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CHAPTER 3: GENERAL PROVISIONS
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
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CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 2: SUBDIVISION REGULATIONS
CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 4: DEFINITIONS
4.00 Definitions.
4.01 UNTITLED.
4.02 UNTITLED.
4.03 UNTITLED.
4.04 UNTITLED.
4.05 UNTITLED.
4.06 UNTITLED.
4.00 Definitions.
The following general rules of construction shall apply to the regulations of this Ordinance:
4.01 The singular number includes the plural and the singular, unless the context clearly indicates the contrary.
4.02 Words used in the present tense include the past and future tenses, and the future present.
4.03 The word "shall" is always mandatory. The word "may" is permissive.
4.04 The word "building" or "structure" includes any part thereof, and the word "building" includes the word
"structure."
4.05 Words not defined herein but defined in the Carmel Zoning Ordinance shall be interpreted in accordance with
the Zoning Ordinance definition.
4.06' Words and terms not defined herein or in the Carmel Zoning Ordinance shall be interpreted in accord with their
normal dictionary meaning and customary usage.
A
AS -BUILT DRAWING. A drawing stamped by a Professional Engineer or Registered Land Surveyor, as
appropriate, who is licensed to do business in the State of Indiana in accordance with State Statutes,
that accurately depicts an improvement or installation as it was actually constructed.
1 Section 4.06 amended per Ordinance No. Z -318; Z -339.
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B
C
CITY. The City of Carmel, Indiana.
CUT. An excavation. The difference between a point on the original ground and a designated point of lower
elevation on the final grade. Also, the material removed in excavation.
D
DEDICATION. A gift, by the owner, of a right to use land for stated purposes. These property rights are
transferred through a recorded written document.
E
EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation, or
persons, for specified purposes.
EROSION. The removal of surface materials by the action of natural elements.
EXCAVATION. Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut,
quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions
resulting therefrom.
F
FILL. Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled,
transported or moved to a new location above the natural surface of the ground or on top of the
stripped surface and shall include all conditions resulting therefrom. The difference in elevation
between a point on the original ground and a designated point of higher elevation on the final grade.
FLOOD PLAIN DISTRICT. All land lying within the floodplain of the 100 -year frequency flood of any water
course and their tributary streams is within the floodplain and subject to these regulations, in addition
to the regulations otherwise established by the Zoning Ordinance of the City of Carmel. The
boundaries of the floodplain are hereby established as shown on the zoning district map.
FRONTAGE PLACE. A permanent public or private way situated parallel to an arterial, a parkway or a
collector in order to provide access to private lots and to eliminate through traffic. (adopted per Z -318)
FRONTAGE ROAD. A public way running parallel to a limited access highway or a railroad right -of -way
located at sufficient distance from the highway or railroad that appropriate use can be made of the land
between the highway or railroad and such streets. (adopted per Z -318)
H
HORIZONTAL VISIBILITY. A direct line of sight forty-eight inches high across a plane parallel to the plane
of the horizon.
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L
LIMITED ACCESS HIGHWAY. An arterial street designed, planned and intended for through vehicular
traffic, with full and partial control of access in conformance with the Master Plan, to which entrances
and exists are provided only at controlled intersections and access is denied to abutting properties.
M
MARGINAL ACCESS HIGHWAY OR FRONTAGE ROAD. A minor street, generally parallel and adjacent
to a limited access highway, providing access to land abutting upon said marginal access street.
N
NET DENSITY. The number of dwelling units per acre in any segment of a subdivision.
O
P
PLACE. An open, unoccupied, officially designated space, other than a street or alley, permanently reserved
for use as the principal means of access to abutting property. (adopted per Z -318)
Q
R
RESERVATION OF LAND. An obligation by the owner to keep a particular property free from development
for a stated period of time.
RUNOFF. The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow
that does not enter the soil but runs off the surface of the land.
RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM. The surface water runoff that can be
reasonably anticipated upon maximum development of that area of the watershed located upstream
from the subject tract, as permitted by prevailing zoning and the Township Comprehensive Plan.
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s
SEDIMENTATION. The process by which mineral or organic matter is accumulated or deposited by wind,
water or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred
to as "sediment ".
SLOPE. The face of an embankment or cut section; any ground whose surface makes an angle with the plane
of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
SOIL STABILIZATION. Chemical or structural treatment of a mass of soil to increase or maintain its stability
or otherwise improve its engineering properties.
STREET, ARTERIAL. A street designated for large volumes of traffic movement. Certain Arterial Streets
may be classified as Limited Access Highways.
STREET, FEEDER. A street planned to facilitate the collection of traffic from Residential Streets, and to
provide circulation within neighborhood areas and convenient ways for traffic to reach Arterial
Streets.
STREET, PARKWAY. A street intended to be used primarily for passenger vehicles and developed with a
park -like or scenic character.
STREET, RESIDENTIAL. A street designated primarily to provide access to abutting properties, usually
residential. Certain Residential Streets may be Marginal Access Streets or Frontage Roads parallel to
Arterial Streets, which provide access to abutting property and ways for traffic to reach access points
on Arterial Streets.
SUBDIVIDER. Any person or persons, firm or corporation engaged in developing or improving a tract of land
that complies with the definition of a subdivision as defined in this Ordinance.
SUBSURFACE DRAINAGE. The flow of water in man -made structures including storm drains, drain tile,
culverts and tunnels, and the flow of water underground through natural passage to geologic
formations.
SURFACE DRAINAGE. In general, the flow of surface water over a given area to a natural or man -made
waterway.
SWALE. A low -lying stretch of land which gathers or carries surface water runoff.
T
THOROUGHFARE PLAN. A part of the Comprehensive Plan of Carmel that sets forth the location,
alignment, dimensions, identification and classification of existing and proposed streets, highways and
other thoroughfares.
TOPSOIL. Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinary rich
in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer, called the "A
Horizon."
V
VERTICAL VISIBILITY. A direct line of sight across a plane perpendicular to the plane of the horizon.
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W
WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel or ditch for water
whether natural or manmade.
X
Y
Z
ZONING ORDINANCE. An ordinance and zone map that divides the jurisdiction of the Commission into
districts, with regulations and requirements and procedures for the establishment of land use controls.
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CHAPTER 4: DEFINITIONS
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -318
July 5, 1997
Z -339
October 4, 1999
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CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 2: SUBDIVISION REGULATIONS
CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 5: PROCEDURE FOR SUBDIVISIONS
5.00 Procedure for Subdivisions.
5.01 Procedure Generally.
5.02 Requirements for Preliminary Plat.
5.03 Requirements for Preliminary Supporting Data.
5.04 Requirements for Final Plat.
5.05 Requirements for Final Supporting Data.
5.06 Requirements for Construction Plan.
5.07 Provisions for Financial Performance and Maintenance Guarantees for Subdivisions.
5.08 Resubdivision; Lots Containing Two - Family Dwellings.
5.00 Procedure for Subdivisions.
5.01 Procedure Generally.
5.01.01 The Preliminary Plat - Conformance. Whenever a subdivision is proposed to be made on any land
lying within the jurisdiction of the Commission, and before any construction work is started, the owner
or proprietor of the proposed subdivision or his duly authorized representative shall cause a
preliminary plat to be prepared as required herein. The preliminary plat shall comply fully with the
health, zoning, and other applicable ordinances in effect at the time the plat is submitted. Whenever
the platting of any residential ground within the jurisdiction of this Ordinance is proposed, the
procedure and requirements herein shall apply. Where the platting of commercial or industrial ground
within the jurisdiction of this Ordinance is proposed, the procedure and requirements shall be adjusted
as necessary in order to allow the platting of streets and easements without platting lots. The
supporting data, construction plans and so forth shall follow the requirements herein. The procedures
for preliminary and secondary final plat approval may be followed concurrently, if the applicant
desires and so files, although no final plat approval shall be granted by the Commission until it has
granted preliminary plat approval.
5.01.02 Review with Building Commissioner. Applicants shall meet with the Building Commissioner to
review the zoning classification of their site, obtain copies of all regulatory ordinances if necessary,
review the platting procedure and the proposed development and use of their property. The Building
Commissioner shall aid and advise the applicant in preparing his application and supporting
documents, if necessary.
5.01.03 Application for Preliminary Plat. Five (5) copies, or more if necessary, of the preliminary plat,
together with supporting documents, shall be submitted to the Building Commissioner with a written
application and the application fee as indicated in Section 29.06 of the Zoning Ordinance.
5.01.04 Initial Review of the Preliminary Plat by the Building Commissioner. Following the receipt of the
preliminary plat, other required materials and the written application, and the application fee by the
Building Commissioner, the applicant shall have thirty (30) days to complete the requirements listed
herein, if necessary. When the applicant states in writing that he has fulfilled the requirements, the
Building Commissioner shall, within thirty (30) days, review the preliminary plat and related materials
solely for the purpose of determining whether to allow the preliminary plat to be formally filed with
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the Commission. If the materials submitted by the applicant do not comply with the Ordinance, the
Building Commissioner shall inform the applicant, in writing, of the deficiencies in his materials and
shall extend the time period allowed for submission. Unless and until the Building Commissioner
formally accepts a preliminary plat for filing, it shall not be considered as actually filed for the
purposes of proceeding to the succeeding steps toward final plat approval as hereinafter set forth. The
application is formally filed when it is placed upon the Commission agenda by the Building
Commissioner, according to the Commission Rules of Procedure currently in effect.
5.01.05 The Meaning of Filing. The filing of a primary plat approval request grants no proprietary rights to
the applicant in the proposed subdivision and in no way is binding upon the Commission as to what
terms and conditions will apply before secondary plat approval is granted, if any, it being the purpose
of such preliminary data and drawings to advise both the Commission and the interested public as to
what the applicant or subdivider is proposing in order to appropriately hold a public hearing on the
proposed subdivision.
5.01.06 Public Hearing. Once the Building Commissioner has accepted and filed an application and
preliminary plat, the Commission or its delegate shall assign a docket number and set a date and time
for a public hearing as required by the Rules of Procedure of the Commission. The applicant shall be
responsible for providing legal notice to all interested parties and property owners as required by the
Rules of Procedure of the Commission. The minimum time period for the giving of the notice shall be
at least thirty (30) days prior to the initial hearing date. The conduct of the Public Hearing shall be in
accordance with the Commission's Rules of Procedure. Following the public hearing, the plat is to be
reviewed by the Commission.
5.01.07 Approval of Disapproval of the Preliminary Plat. Following the public hearing of the preliminary plat
the Commission, within forty-five (45) days of the date of the public hearing, shall notify the applicant
in writing, of any further changes in the preliminary plant which are required or should have
consideration before approval of the preliminary plat may be given. This may include a review of the
proposed plat by the Building Commissioner's Technical Advisory Committee. When the required
changes and considerations are incorporated into the preliminary plat, the Commission shall then
approve or disapprove the preliminary plat. If the Commission disapproves the preliminary plat, it
shall set forth the reasons for such disapproval in its own records and shall provide the applicant with a
copy of such reasons. In determining whether an application for approval shall be granted, the
Commission shall consider generally if the plat provides for:
1. coordination of subdivision streets with existing and planned streets or highways;
2. coordination with, and extension of, facilities included in the master plan;
3. establishment of minimum width, depth, and area of lots within the proposed subdivision;
4. distribution of population and traffic in a manner tending to create conditions favorable to
health, safety, convenience and the harmonious development of the city or county;
5. fair allocations of areas for streets, parks, schools, public and semi- public buildings, homes,
utilities, business and industry; and
6. other relevant factors.
The Building Commissioner shall notify the applicant in writing of the approval or disapproval of the
preliminary plat, and if approved, inform the applicant that he may proceed with the final plat and the
construction plans.
5.01.08 The Meaning of Approval. Approval of a preliminary plat shall not constitute approval of the final
plat. It shall be deemed as an expression of approval of the layout submitted on the preliminary plat as
a guide to the preparation of the final plat.
5.01.09 The Final Plat - Generally. The final plat shall conform to the preliminary plat as approved and may
include all, or only a part, of the preliminary plat which has received approval and shall conform to all
of the requirements for final plat as hereinafter set forth.
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CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
5.01.10 Application for Final Plat. Five (5), or more if necessary, of the final plat and of the construction
plans, together with supporting documents, shall be submitted to the Building Commissioner with a
written application and the application fee as indicated in Section 29.06 of the Zoning Ordinance.
5.01.11 Initial Review of the Final Plat by the Building Commissioner. Following the receipt of the final plat,
the construction plans, other required materials, the written application and the application fee by the
Building Commissioner, the applicant shall have thirty (30) days to complete the requirements listed
herein, if necessary. When the applicant states in writing that he has fulfilled his requirements, the
Building Commissioner shall, within thirty (30) days, review the final plat, construction plans, and
related materials solely for the purpose of determining whether the application is complete and
whether it fulfills the requirements listed herein. If the materials submitted by the applicant are not
complete or do not comply with the Ordinance, the Building Commissioner shall inform the applicant,
in writing, of the deficiencies in his materials and shall extend the time period allowed for submission.
When the Building Commissioner verifies completion and conformance with the technical terms of the
Ordinance, he shall place the final plat application on the Commission agenda according to the
Commission Rules of Procedure currently in effect.
5.01.12 Approval or Disapproval of the Final Plat. After submission of the final plat by the Building
Commissioner to the Commission, the Commission shall review the final plat, construction plans and
other materials. If any changes or other considerations in the final plat, construction plans, or other
materials are required or requested by the Commission they shall so inform the applicant in writing.
When the required changes and considerations are incorporated into the final plat, construction plans
and other materials, the Commission shall then approve or disapprove the final plat and construction
plans within forty -five (45) days of the receipt of amended material. If the Commission approves the
final plat, it shall affix the Commission's seal upon the final plat, together with certifying signatures of
the President and Secretary, following the receipt by the proper authorities of financial guarantee of all
improvements and installations required. If the Commission disapproves the final plat, it shall set
forth the reasons for such disapproval in its own records and shall provide the applicant with a copy of
such reasons. The Building Commissioner shall notify the applicant in wiring of the approval or
disapproval of the final plat, and if approved, inform the applicant that he may proceed with the
construction of the subdivision following the recording of the final plat.
5.01.13 Recording the Final Plat. After the Commission has approved the final plat the subdivider shall file
such plat for recordation in the office of the Recorder of Hamilton County, Indiana. The application
and submission of the plat for approval shall, in and of itself, constitute an agreement on the part of the
applicant that if the final plat is approved by the Commission, the applicant shall proceed to record the
approved final plat within one year after the Commission grants such approval. Failure to record the
final plat within this period shall result in the approval being declared void by the Commission unless
an extension is applied for and granted by the Commission. Following approval by the Commission
and the recording of the final plat, the applicant shall provide the Commission with a reproducible
copy of the final plat and accompanying covenants and including certification and signatures of the
Commission and of the Recorder of Hamilton County, Indiana.
5.01.14 Commencing Construction of the Final Plat. Any person, to whom approval is granted final plat
approval for a subdivision, who fails to commence construction within eighteen (18) months after such
approval has been granted, shall, within thirty (30) days after said eighteen (18) month period, be
required to show good cause to the Commission through the Building Commissioner why said
approval should not be revoked by the Commission. A failure to show good cause as herein required
shall result in the automatic revocation of such approval at the termination of the thirty (30) day period
set forth above. The application and submission of a plat for approval shall, in and of itself, constitute
an agreement on the part of the applicant that should construction not begin with said eighteen (18)
month period and upon notice to the person granted plat approval, the Building Commissioner may be
empowered by the Commission to revert and record the tract given plat approval, as it was recorded
prior to the revoked plat application.
5.01.15 Simultaneous Filings. The subdivider may file both preliminary plat and final plat simultaneously as
long as proper plans and documents are also filed.
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CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
5.02 Requirements for Preliminary Plat.
The intent of the preliminary plat and accompanying data is not to provide final design information on the
various items required herein, but to provide general information of a conceptual nature. No land shall be
subdivided unless adequate access to the land over improved streets or thoroughfares exists or shall be provided
by the subdivider. Subdivision of land shall be such that it will not cause harm to the health, safety or welfare
of present and/or potential residents and the community as a whole due to poor drainage or flooding, soil
conditions, topography or any other feature deemed harmful. The owner or subdivider shall submit five (5)
copies, or more as needed, of the preliminary plat. The preliminary plat shall be drawn at a scale of fifty feet to
one inch (50" = 1") or 100 feet to one inch (100' = 1"); provided, however, that if the resulting drawings would
be over thirty-six (36) inches in the shortest dimension, a scale as recommended by the Building Commissioner
may be used. The preliminary plat shall show:
5.02.01 The proposed name of the subdivision followed by the words "Preliminary Plat ", the date of
submission or latest revision, the name of the subdivision designer, the present zoning classification
and the total acreage of the plat.
5.02.02 Names, addresses and telephone numbers of the owner, subdivider and Registered Land Surveyor, in
accordance with State Statutes and licensed to do business in the State of Indiana, who prepared the
plat.
5.02.03 The approximate location of existing and proposed streets and rights -of -way, on and adjoining the
proposed subdivision, showing the names (which shall not duplicate other names of streets in the
community), roadway widths and right -of -way widths.
5.02.04 The approximate location and widths of all existing and proposed easements, indicating their use for
drainage or utilities (water, sanitary sewer, storm sewer, electric, telephone, gas, street lights, cable
television, and/or legal drains).
5.02.05 The approximate location, size and capacity of utilities to be installed including water, sanitary sewage
and storm drainage facilities. The general location of septic tanks and wells, if used, shall be shown
on the preliminary plat. The minimum information on the plat shall include:
1. Location of proposed sanitary sewers with connection to the main sewer system, lift stations,
if any, and other appurtenances if any. If private sewage systems, locate the system in
relation to well, house and adjacent lot systems. Private sewage systems shall be installed
according to the requirements of the Hamilton County Board of Health and the Indiana State
Board of Health.
2. Location of water mains, hydrants, and other appurtenances.
3. Location of proposed methods of drainage. If a storm sewer or similar type of system is
used, show connection into stream, retention reservoir, etc.; distance to stream outlet; lift
stations, if any; approximate size; approximate location; manholes, if any; inlets; junction
boxes and other necessary appurtenances. If surface drainage is planned -- roadside ditches,
swales, grassed waterways, water courses, open ditches, roll curb and gutter sections -- show
location of said type; location and approximate size of road culverts; and location and typical
cross - section of grades, swales, waterways, roadside ditches and open ditches, if applicable.
If subsurface drain tile is planned, show location, connection to storm sewer, outlet in open
drain or retention reservoir, or other adequate outlet. Subsurface drains shall not outlet into
curbs or shallow swales. The direction of the flow of the stormwater in swales, curbs, open
ditches, tiles and the like shall be shown.
5.02.06 The layout of lots, showing the dimensions and lot numbers, and the approximate square footage area
on non - rectangular lots.
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CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
5.02.07 Parcels of land proposed to be dedicated or reserved for public schools, parks, playgrounds or other
public use, private recreational facilities for use of the people within the subdivision, and other areas to
be used for community purposes.
5.02.08 Contours at vertical intervals of one (1) foot if the general slope of the proposed subdivision is less
than three percent (3 %), of two (2) feet if the general slope of the proposed subdivision is three percent
(3 %) or more and less than ten percent (10 %) or of five (5) feet if the general slope is ten percent
(10 %) or more. All benchmark references shall be based on National Geodetic Vertical Datum of
1929.
5.02.09 Approximate tract boundary lines showing dimensions, angles bearings, existing monuments, existing
markers, reference corners and benchmarks. All shall be described according to recognized practice
based on approximate distances and directions with reference to section, township and range.
5.02.10 Indicate the location of flood plains as established by the FP, FF and FW flood plain districts cited in
the Zoning Ordinance.
5.02.11 Building setback lines.
5.02.12 Where appropriate or required by the Zoning Ordinance, an indication of the general location of
existing and proposed trees, shrubbery and screening materials.
5.02.13 Legends and notes, a summary of the number of lots, total acreage within the subdivision and the
zoning classification.
5.02.14 Scale and north arrow.
5.02.15 Other features or conditions shall be shown on the preliminary plat that would affect the subdivision
favorably or adversely.
5.03 Requirements for Preliminary Supporting Data.
The owner or subdivider shall submit two (2) copies, or more as needed, of the following data, which shall be
supportive of the preliminary plat:
5.03.01 An area location map at a scale of 1" = 500'. The map shall show the proposed subdivision and
surrounding area. The area location map may be prepared on an existing base map and shall show the
following:
1. The outline of the proposed subdivision, its name and location;
2. Existing adjacent uses;
3. Existing adjacent zoning classifications and proposed uses;
4. Any thoroughfares directly related to the proposed subdivision;
5. Watershed boundaries, number of acres within each watershed involved and the general
overland flow pattern; and
6. The title of the area location map, its scale, north arrow, the date the information was placed
on the map and the date the base map was prepared.
5.03.02 The owner or subdivider shall submit a brief written report indicating the manner in which the
proposed subdivision is coordinated with the Comprehensive Plan and its provisions; specifically, with
relation to the requirements of the thoroughfare, school and recreation sites, shopping centers,
community facilities, sanitation, water supply and drainage, and other developments existing and
proposed in the vicinity.
5.03.03 Service reports or statements, as necessary may include but not be limited to the following sources:
police or sheriff departments; fire department; water and sanitary sewer utilities; electric, gas and
telephone utilities; city, county or state highway department; Carmel /Clay Schools; Hamilton County
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CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
Health Department; Surveyor, Drainage Board and Board of Commissioners; Hamilton County Soil
and Water Conservation District office; Indiana Natural Resources Commission; Carmel Board of
Public Works; and Building Commissioner.
5.03.04 A brief report describing the water system, sanitary sewer system and storm drainage system. This
report should state the source of water, the expected water consumption, method of distribution within
the subdivision and any special problems. The proposed sanitary collection system should be
reviewed, total estimated effluent determined, and any special problems identified. If septic systems
are proposed, the results of a percolation test must be included. General approval of the use of septic
systems should be granted by the Hamilton County Board of Health and incorporated into the report.
The report should cover the flooding potential of the proposed subdivision and should include the
design of the storm water system that would accommodate a ten -year storm, the pad elevations
necessary to keep all buildings above the one hundred -year flood level, the expected impact of the
proposed subdivision's storm water runoff on any receiving stream or downstream property and the
approximate location, size and capacity of any retention basins to be located in or directly affecting the
proposed subdivision. Where legal drains are involved, comments from the Hamilton County
Drainage Board shall be included. If a flood plain of a watershed in excess of one (1) square mile is
involved, reports, recommendations, and approvals, where necessary, from the Indiana Natural
Resources Commission shall be included.
5.03.05 A statement from the State Highway Department, or City Street Department concerning rights -of -way,
road improvements, roadside improvements, roadside drainage, entrances, culvert pipes and other
specifications deemed necessary by the Commission or State Highway, County Highway or City Street
Department. The condition of the existing roadway and its suitability to handle its proposed traffic
must be specified.
5.03.06 A soils map, and its accompanying report from the Hamilton County Soil and Water Conservation
District office, showing the soil limitations based upon the intended usage of the land for the proposed
subdivision.
5.03.07 A description of the protective covenants or private restrictions to be incorporated in the plat of the
subdivision shall be provided.
5.03.08 An application shall be prepared, the form to be supplied by the Building Commissioner and shall be
accompanied by a certified check or money order in the amount of fee specified in Section 29.06 of the
Zoning Ordinance.
5.03.09 An erosion control plan and statement setting forth the method of controlling erosion and
sedimentation before, during and following development and construction, i.e., temporary seeding,
sediment detention basins, erosion prevention devices and other similar means that meet the Hamilton
County Soil and Water Conservation District guidelines for urban development.
5.03.10 Submit a letter to the Carmel Board of Public Works or other appropriate authorities stating the
number of proposed water hookups, sanitary sewer hookups, etc., requested for the proposed
subdivision.
5.04 Requirements for Final Plat.
The final plat may include all or only a part of the preliminary plat which has received Commission approval. If
the final plat is presented in sections for approval, then the applicant shall provide a drawing of the plat of said
section with all items included that are required for final plat approval. The original mylar drawing of the final
plat and five (5) copies, or more as needed, shall be drawn to a scale of fifty (50) feet to one (1) inch; provided
that if the resulting drawing would be over thirty -six (36) inches in shortest dimension, a scale of one hundred
(100) feet to one (1) inch may be used. The final plat shall show:
5.04.01 Name of the subdivision, followed by the words "Final Plat" and the date of submission or latest
revision.
Chapter 5: Procedure for Subdivisions
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CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
5.04.02 Names, addresses and telephone numbers of the owner, subdivider and Registered Land Surveyor, in
accordance with State Statutes and licensed to do business in the State of Indiana, who prepared the
plat with his signature, seal and the date on each page of the plat.
5.04.03 Accurate tract boundary lines showing dimensions, angles, bearings, existing monuments, existing
markers, reference corners and benchmarks. All shall be described according to recognized practice
based on accurate distances and directions with reference to section, township and range.
5.04.04 Source of title to the parcel of land to be subdivided as shown in the books of the Recorder of
Hamilton County, Indiana as proof of ownership.
5.04.05 The accurate locations of all existing and proposed streets and rights -of -way on and adjoining the
proposed subdivision showing the names (which shall not duplicate other names of streets in the
community), right -of -way widths and roadway widths.
5.04.06 Complete curve notes for all curves included in the plat.
5.04.07 Accurate dimensions, angles and bearings of all lots and other property or parcels of land to be
dedicated or reserved for public, semi- public or community use within the proposed subdivision plus
lot numbers.
5.04.08 Accurate location, type, material and size of all monuments and markers proposed.
5.04.09 Accurate locations and widths of all easements, indicating their use for drainage or utilities, and any
limitations in such easements. These utility easements include, but are not limited to, water, gas,
sanitary sewage, street lights, electric, telephone and cable television.
5.04.10 Building setback lines.
5.04.11 Scale and north arrow.
5.04.12 Legends and notes.
5.04.13 Certification of dedication of streets and other public property.
5.04.14 Registered Land Surveyor's certificate.
5.04.15 Certificate for approval by the Commission, which shall be on each and every page of the final plat.
5.04.16 Certificate of acceptance by the Carmel Board of Public Works or the Hamilton County Board of
Commissioners.
5.04.17 Restrictions of all types which will run with the land and become covenants in the deeds for the lots in
the proposed subdivision.
5.04.18 The Subdivider Agreement Forms, as shown in Appendix, shall be completed and submitted with the
final plat.
5.05 Requirements for Final Supporting Data.
5.05.01 An application shall be prepared, the form to be supplied by the Building Commissioner, and shall be
accompanied by a certified check or money order in the amount of fee specified in Section 29.06 of the
Zoning Ordinance.
5.05.02 The following statements or reports shall be provided, however, if there is no substantial change in the
final plat from the preliminary plat, then the reports submitted with the preliminary plat is acceptable:
1. Service reports or statements, as necessary, may include but not be limited to the following
sources: police or sheriff's department; fire department; water and sanitary sewer utilities;
electric, gas and telephone utilities; city, county or state highway departments; Carmel -Clay
Schools; Hamilton County Health Department, Surveyor, Drainage Board and Board of
Commissioners; Hamilton County Soil and Water Conservation District office; Indiana
Chapter 5: Procedure for Subdivisions
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CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
Natural . Resources Commission; Carmel Board of Public Works and Building
Commissioner.
2. A brief report describing the water system, sanitary sewer system and storm drainage system.
This report should state the source of water, the expected water consumption, method of
distribution within the subdivision and any special problems. The proposed sanitary
collection system should be reviewed, total estimated effluent determined and any special
problems determined. If septic systems are proposed, the result of a percolation test must be
included. General approval of the use of septic systems should be granted by the Hamilton
County Board of Health and incorporated into the report. The report should cover the
flooding potential of the proposed subdivision and should include the design of the storm
water system that would accommodate a ten -year storm, the pad elevations necessary to keep
all buildings above the one hundred -year flood level, the expected impact of the proposed
subdivision's storm water runoff on any receiving stream or downstream property and the
approximate location, size and capacity of any retention basins to be located in or directly
affecting the proposed subdivision. Where legal drains are involved, comments, reports,
recommendations and approvals, where necessary, from the Indiana Department of Natural
Resources shall be included.
3. A statement from the State Highway Depai latent, the County Highway Department or the
City Street Department concerning rights -of -way, road improvements, roadside
improvements, roadside drainage, entrances, culvert pipes and other specifications deemed
necessary by the Commission or State Highway, County Highway or City Street Department.
The condition of the existing roadway and its suitability to handle its proposed traffic must
be specified.
4. A soils map, and its accompanying report from the Hamilton County Soil and Water
Conservation District, showing the soil limitations based upon the intended usage of the land
for the proposed subdivision.
5. An erosion control plan and statement setting forth the method of controlling erosion and
sedimentation before, during and following development and construction, i.e., temporary
seeding, sediment detention basins, erosion prevention devices and other similar means that
meet the Hamilton County Soil and Water Conservation District guidelines for urban
development.
6. A letter or other written statement from the Carmel Board of Public Works or other
appropriate authorities stating that said appropriate authority has capacity for the number of
sanitary sewer and water hookups necessary to service the proposed subdivision.
5.06 Requirements for Construction Plan.
Following approval of the preliminary plat approval by the Commission, the subdivider shall, if he has not
previously done so, submit five (5) copies, or more as needed, of the construction plans for the improvements to
be installed in the subdivision in accordance with the provisions of this Ordinance. The construction plans shall
be prepared by a Professional Engineer or Registered Land Surveyor, in accordance with State Statutes and
licensed to do business in the State of Indiana. Construction plans to be submitted shall include:
5.06.01 The proposed method of sewage disposal, with detailed plans and profiles of proposed sanitary sewers,
with connections to the main sewer system. If such a central system is used, a statement from the
appropriate sewage treatment authority that the plans, as proposed, are satisfactory. If septic tanks are
used, plans shall show the proposed private sewage disposal tests with results shown at each test
location and that the water table at the proposed location is more than thirty (30) inches below the
ground surface. This shall be accompanied by a statement from the Hamilton County Health Board
that the septic tanks should work as proposed.
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5.06.02 The proposed water supply and detailed plans and specifications of the water distribution system,
providing a drawing indicating thereon the connections proposed to the public water supply and, if not
available, the type of well system contemplated for each lot and the proposed location of the well.
5.06.03 A drawing and construction plan indicating thereon the proposed method of drainage.
1. If a storm sewer or similar type of system is used, provide details showing connection to the
main system or method of disposition into stream, retention reservoir, etc., distance to stream
outlet, locations and sizes of lift stations, manholes, inlets, junction boxes and other
necessary appurtenances.
2. If surface drainage is used, show roadside ditches, swales, grassed waterways, watercourses,
open ditches, roll curb and gutter sections and road culverts. Details to be shown should
include, as necessary, type, location, size, typical cross - sections, depths, grades, profiles and
other information as to the adequacy of the outlet drain or detention reservoir. Show off -site
drainage swales, ditches and any other facilities that discharge onto the site of the proposed
subdivision.
3. The elevations at each corner of every lot and a minimum house pad elevation.
5.06.04 Detailed plans, profiles, cross - sections and specifications of streets within the adjoining and proposed
subdivision, including roadway widths, pavement widths, rights -of -way, construction gradients, types
and widths of pavement, curbs, gutters, sidewalks, crosswalks, entrance detail and other pertinent data.
Street names shall be cited on the various plans.
5.06.05 Detailed plans of the proposed street lighting system showing locations, type, wattage, height,
easements, wiring location if the lights are not to be installed at the time of construction of the
subdivision, etc. Final decision on street lighting installation shall be made by the Carmel Board of
Public Works or other appropriate authorities.
5.06.06 Detailed plan of the fire hydrant system and their easements.
5.06.07 Detailed plan of the proposed landscape plan, where required, showing location, size, kind, etc., of
existing and proposed trees, shrubbery and screening materials.
5.07 Provisions for Financial Performance and Maintenance Guarantees for Subdivisions.
As a prerequisite to final plat approval, the subdivider shall agree to provide financial performance and
maintenance guarantees for public facility improvements and installations to be constructed in and, as necessary
for proper connection and system coordination, adjoining the proposed subdivision. The public facility
improvements and installations shall include streets (base and paving, individually), curbs and gutters,
sidewalks, storm water drain and storm sewer systems, sanitary sewer systems, water supply systems, street
name signs, monuments and markers and the various appurtenances related thereto. All construction shall be
according to plans submitted as portion of final plat and accompanying data, subject to standards and
specifications cited herein. Non - public facility improvements and installations shall be subject to financial
guarantees established by their ownership.
5.07.01 Performance Guarantee. Prior to or at the time of final plat approval, the subdivider shall be required
to provide financial performance guarantee, by certified check, performance bond, or any irrevocable,
unconditional, acceptable letter of credit issued by a financial institution acceptable to the Plan
Commission, that all public facility improvements and installations required under the provisions of
this ordinance shall be completed. Bonds, checks, and letters are to run to:
A. City of Carmel jurisdiction: City of Carmel
B. Hamilton County jurisdiction: Board of Commissioners of Hamilton County
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CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
Said financial performance guarantee shall be conditioned upon the following:
1. The completion of public facility improvements and installations shall be within two (2)
years from the recording of the final plat;
2. A penal sum shall be fixed and approved by the Commission equal to one hundred percent
(100 %) of the total estimated current cost to the city or county of all public facility
improvements and installations provided in the final plat and accompanying data according
to specifications cited herein;
3. Each public facility improvement or installation provided in the final plat or accompanying
data shall be bonded individually, or shall have an individual certified check or letter of
credit to cover the penal sum, and shall not have the performance guarantee provided in
combination with any of the other public facility improvements and installations.
4. The performance bond, certified check, or letter of credit shall be issued in the name of the
owner, developer, contractor or other responsible party as determined by the Plan
Commissioner.
5.07.02 Extension of Completion Time and Non - Performance.
1. Should the subdivider not complete the public facility improvements and installations as
herein required within the stated two (2) year period, the Building Commissioner may
approve an extension of time of up to two (2) additional years, granted at six (6) month
intervals, for completion of the required public facility improvements and installations.
2. Should the subdivider not complete the public facility improvements and installations as
herein required within the two (2) year period or within any time extension approved by the
Building Commissioner, the proper authorities may take the necessary steps to proceed with
the completion of the public facility improvements and installations, making use of the
certified check, performance bond or letter of credit.
5.07.03 Release of Performance Guarantee. Upon the completion of the required public facility improvements
and installations according to the recorded secondary plat, approved development plans,
accompanying data and the standards cited herein, the subdivider shall provide the Department of
Community Development with two (2) sets of as -built drawings showing all site improvements,
including but not limited to drainage and sewerage systems, water distribution systems, signs, and
monuments as they were constructed and installed, and including certificates by a Professional
Engineer or Land Surveyor that all improvements were installed as shown and in conformance with
this Ordinance and all applicable standards and requirements of the appropriate governmental
jurisdictions. The subdivider may then request the release of the performance guarantee posted with
the proper authority. Upon the receipt of a maintenance guarantee, as specified herein, the proper
authority shall release the performance guarantee within sixty (60) days. The performance guarantee
for each individual public facility improvement or installation may be handled separately and shall in
no way be contingent on the completion of any of the other individual public facility improvements
and installations or their performance guarantees.
5.07.04 Maintenance Guarantee. Prior to the release of the performance guarantee, the subdivider shall be
required to provide financial maintenance guarantee, by certified check or maintenance bond, that all
public facility improvements and installations required under the provisions of this Ordinance shall be
maintained according to specifications cited herein. Bonds and checks are to run to:
A. City of Carmel jurisdiction: City of Carmel
B. Hamilton County jurisdiction: Board of Commissioners of Hamilton County.
Said financial maintenance guarantee shall be conditioned upon the following:
1. The maintenance guarantee shall run and be in force for a period of three (3) years from the
date of release of the performance guarantee.
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2. A penal sum shall be fixed and approved by the Commission but in no case shall the penal
sum be less than fifteen percent (15 %) of the total performance guarantee for streets and ten
percent (10 %) of the performance guarantee for all other public facility improvements and
installations. The minimum maintenance guarantee to be posted for streets shall be no less
than $5,000.00.
3. Each public facility improvement or installation shall be bonded individually, or shall have
no individual certified check to cover the penal sum, and shall not have the maintenance
guarantee provided in combination with any of the other public facility improvements and
installations.
4. The maintenance bond shall be issued in the subdivider's name alone or in the name of the
subdivider and his subcontractor as co- signers. All certified checks provided for financial
maintenance guarantee shall be signed by the subdivider alone.
5.07.05 Release of Maintenance Guarantee. All maintenance bonds shall expire at the end of the three -year
period for which they were established. Within sixty (60) days of the expiration date, the proper
authority shall return said expired maintenance bonds to the subdivider. In the case where a certified
check has been posted as a maintenance guarantee, the subdivider shall, at the end of the three -year
maintenance period, contact the proper authority in order to obtain the release of the maintenance
guarantee. The proper authority shall return said maintenance guarantee to the subdivider within sixty
(60) days. The maintenance guarantee for each individual public facility improvement or installation
may be handled separately and shall in no way be contingent on the completion of any of the other
individual public facility improvements and installations or their maintenance guarantees.
5.08 Resubdivision; Lots Containing Two - Family Dwellings.'
5.08.01 Resubdivision. Resubdivision refers to the division of one (1) lot that contains one (1) two- family
dwelling into two (2) lots each of which contains one (1) dwelling unit, for the purpose, whether
immediate or future, of transfer of ownership of either or both of the resulting lots. Resubdivision
does not include transfers between adjoining lot owners which do not create additional lots or
buildable sites.
5.08.02 Procedure for Resubdivision. Whenever an owner desires to resubdivide a lot in an already approved
secondary plat, the owner shall first obtain approval for the resubdivision by the same procedures
prescribed for the subdivision of land.
5.08.03 Request for Waiver; Notice and Hearing. After receiving an application for resubdivision that
includes an express request for waiver of the requirement of subsection 5.08.02 above, the Department
shall place the application on the agenda of the Plat Committee and require notice to be given to the
general public and to interested parties as outlined in the Commission's rules of procedure. The
application shall be filed and heard by the Plat Committee as a petition for a subdivision regulations
waiver.
5.08.04 Approval of Waiver. Whenever, after notice and hearing, the Plat Committee makes a finding on the
record that the purposes of these regulations may be served by permitting resubdivision without
requiring an amendment of the original plat, the Plat Committee may waive the requirement of
subsection 5.08.02 above and approve the resubdivision without further notice or hearing by the
Commission.
Section 5.08 adopted per Ordinance No. Z-461 -04, §k.
Chapter 5: Procedure for Subdivisions
5 -11
as adopted per Z -160; as amended per Z- 461 -04
Winter 2005 vl
CARMEL 0000033
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 5: PROCEDURE FOR SUBDIVISIONS
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 461 -04
04070029 OA
December 20, 2004
January 20, 2005
5.08
Winter 2005 vl
Chapter 5: Procedure for Subdivisions
5 -12
as adopted per Z -160; as amended per Z- 461 -04
Winter 2005 vl
•
•
•
CARMEL 0000034
•
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 2: SUBDIVISION REGULATIONS
CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 6: STANDARDS OF DESIGN
6.00 Standards of Design.
6.01 General Requirements.
6.02 Suitability of Land.
6.03 Street Layout and Design Standards.
6.04 Blocks.
6.05 Lots.
6.06 Easements.
6.07 Building Setback Lines.
Figure 1 Frontage Place.
Figure 2 Residential Alley.
6.00 Standards of Design.
The final Plat of the subdivision shall conform to the following principles and standards of design:
• 6.01 General Requirements.'
6.01.01 The subdivision layout shall conform in all essential respects with Ordinance Z -4, as amended, and
elements of the adopted Comprehensive Plan for the City of Carmel, Indiana and its jurisdiction.
6.01.02 The subdivision layout shall be in full compliance with the provisions of the zoning districts in which
it is located and the provisions of the Zoning Ordinance.
6.01.03 The subdivision layout shall be designed in accordance with the principles and standards contained in
this Ordinance with the objective of achieving the most advantageous development of the subdivision
and adjoining areas. However, a minor subdivision shall be exempt from the standards found in
Chapter 7.
6.02 Suitability of Land.
6.02.01 Land subject to periodic flooding as determined by the FW and FP flood plain districts shall not be
subdivided for residential occupancy nor for any other use which might involve danger to health, life
or property or aggravate the flood hazard, and such land within any proposed subdivision shall be
reserved for uses which will not be endangered by periodic or occasional inundation. Land subject to
periodic flooding as determined by the FF flood plain district may be subdivided subject to reports,
recommendations and approvals from the Indiana Natural Resources Commission.
Section 6.01 amended per Ordinance No. Z -329.
Chapter 6: Standards of Design
6 -1
as amended per Z -318; Z -329; Z- 370 -02; Z- 445 -04; Z- 457 -04; Z- 486 -06
Spring 2006 vl
CARMEL 0000036
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
6.03 Street Layout and Design Standards.'
6.03.01 The street and alley layout shall provide access to all lots and parcels of land within the subdivision,
and where streets cross other streets, jogs shall be created only where essential and appropriate. Street
jogs with centerline offsets of less than one hundred fifty (150) feet shall not be permitted.
6.03.02 Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of
reasonable gradient.
6.03.03 Certain proposed streets, where appropriate, shall be extended to the boundary line of the tract to be
subdivided so as to provide for normal circulation of traffic within the vicinity. Consideration shall be
given to providing access to adjacent, underdeveloped tracts of ground, including temporary vehicle
turnarounds where streets are extended to a tract boundary line.
6.03.04 Proposed streets in the subdivision shall provide for the continuation of existing, planned, or platted
streets on adjacent tracts, unless such continuation shall be prevented due to topography or other
physical condition, or unless such extension is found by the Commission to be unnecessary for the
coordination of development between the subdivision and such adjacent tract.
6.03.05 Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed
subdivision, the remainder of the street or alley to the prescribed width shall be platted within the
proposed subdivision.
6.03.06 Minimum rights -of -way and roadway widths for streets shall conform to the Carmel /Clay
Thoroughfare Plan, as - amended
6.03.07 Cul -de -sac streets shall not exceed six hundred (600) feet in length. All cul -de -sacs shall terminate in
a circular right -of -way with a minimum diameter of one hundred (100) feet and a minimum pavement
diameter of seventy-six (76) feet, or other approved arrangement for the turning of all vehicles
conveniently within the right -of -way.
Where cul -de -sac streets extend from another cul -de -sac or dead -end street, the total length of both
streets shall not exceed six hundred (600) feet.
6.03.08 Alleys shall be discouraged in residential districts but should be included in commercial and industrial
areas where needed for loading and unloading or access purposes, and where platted shall be at least
twenty (20) feet in width. Where alleys are provided, they shall terminate at streets or in an area with
sufficient space for turning around of vehicles. Alleys shall be developed as fully paved surfaces, built
in accordance with the standards of the City of Carmel.
6.03.09 The centerline of streets should intersect as nearly at right angles as possible, but not less than at
seventy-five degrees (75 °).
6.03.10 At intersections of streets and/or streets and alleys; property line corners shall be rounded by arcs of at
least twenty (20) feet radii or by chords of such arcs.
6.03.11 If the smaller angle of intersection of two (2) streets is less than ninety degrees (90 °), the radius of the
arc at the intersection of property lines shall be increased as deemed advisable by the Commission.
6.03.12 Intersections of more than two (2) streets at one point shall not be permitted.
6.03.13 Where parkways or special types of streets are involved, the Commission may apply special standards
to be followed in their design.
6.03.14 Whenever the proposed subdivision contains or is adjacent to a railroad right -of -way or a highway
designed as a Limited Access Highway by the appropriate highway authorities, provision shall be
made for a frontage road or a parallel street at a distance acceptable for the appropriate use of the land
between the highway or railroad and such streets.
2 Section 6.03 amended per Ordinance No. Z -318; Z- 370 -02; Z- 445 -04; Z- 457 -04; Z- 486 -06, §a -c.
Chapter 6: Standards of Design
6 -2
as amended per Z -318; Z -329; Z- 370 -02; Z- 445 -04; Z- 457 -04; Z- 486 -06
Spring 2006 vl
•
•
CARMEL 0000037
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
6.03.15 Curvature measured along the centerline shall have a minimum radius as follows:
1. Arterial Streets: five hundred (500) feet
2. Feeder Streets and Parkways: four hundred (400) feet
3. Residential Streets: one hundred fifty (150) feet
4. Cul -de -sac: one hundred (100) feet
6.03.16 Between reversed curves on streets, there shall be a tangent of not less than one hundred (100) feet on
streets with a right -of -way greater than fifty (50) feet. The minimum tangent shall be fifty (50) feet on
streets with a right -of -way of fifty (50) feet or less and that are 1250 feet or more in length from
intersection to intersection or from intersection to the center point of the circle terminating a cul -de -sac
or cul -de -loop. There shall be no minimum tangent on streets with a right -of -way of fifty (50) feet or
less and that are less than 1250 feet in length.
6.03.17 Maximum Grades for streets shall be as follows:
1. Arterial Streets: not greater than six percent (6 %).
2. Feeder and Residential Streets and Alleys: not greater than eight percent (8 %).
3. Cul -de -sac within the turning area: not greater than three percent (3 %).
6.03.18 Minimum street grade shall be 0.50 percent (' /z %).
6.03.19 Access to Arterials, Parkways, and Collectors. Where the Subdivision abuts or contains a major
arterial, parkway, or collector as designated in the thoroughfare section of the Comprehensive Plan,
the Commission shall require that measures be taken to reduce the impact of heavy traffic on the
residential lots fronting upon such a thoroughfare, and to afford separation of through and local traffic,
through one of the following means:
1. By providing vehicular access to such lots by means of a Frontage Place separated from the
thoroughfare right -of -way by a planting strip at least twenty (20) feet in width and
connecting therewith at infrequent intervals.
2. By providing vehicular access to such lots by means of a residential Alley running along the
rear lot lines of the lots to be served and with vehicular access to such lots from the
thoroughfare prohibited by means of a non - access easement at least five (5) feet in width
running alongside the thoroughfare right -of -way.
3. By designing lots having access only from a parallel local street or cul -de -sac, and with
vehicular access to such lots from the thoroughfare prohibited by means of a non - access
easement at least five (5) feet in width running alongside the thoroughfare.
4. By designing lots so they are located not less than two- hundred (200) feet from a major
arterial, parkway, or collector thoroughfare and in compliance with section 7.06 of the
Subdivision Control Ordinance, pertaining to Standards for Natural Open Space.
The recommendation of the most appropriate method of accomplishing the desired purpose in a
specific instance shall be made by the developer and the final decision made by the Commission after
giving consideration to topography and other physical conditions, the character of existing and
contemplated development in the subdivision and its surroundings, and other pertinent factors.
6.03.20 There shall be no private streets platted in any residential subdivision and every residential subdivided
property shall be served from a publicly dedicated street. Streets in commercial or industrial
subdivisions shall be reviewed so that proper provisions are made for maintenance and access. A
petition for public dedication of private streets at some future time shall not be granted until said
streets are upgraded to the then - current specifications and standards for like public streets, with the
upgrading cost to be borne by the petitioners. A waiver to allow private streets shall be considered
only if the following criteria are met:
Chapter 6: Standards of Design
6 -3
as amended per Z -318; Z -329; Z- 370 -02; Z- 445 -04; Z- 457 -04; Z- 486 -06
Spring 2006 vl
CARMEL 0000038
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
1. Street must offer no feasible "through" links for the surrounding transportation network
and function as a local street.
2. Street may not utilize hammerhead street designs.
3. Street can not obstruct any future connections identified on the Thoroughfare Plan:
4. Auxiliary lanes (acceleration / deceleration lanes and passing blister) must be provided at
the entrance to the street.
5. All interior street improvements must be designed and installed according to City
standards; including right -of -way width, storm drainage, curb and gutter, pavement
widths, sub - surface drains, sidewalks, and driveway cuts.
6. A demonstrated financial guarantee that the home owners' association will budget for the
maintenance and upkeep of all street improvements.
7. All adjacent pedestrian path stubs must connect. Pedestrian paths must be dedicated or
platted in easements to allow public ingress /egress
8. The following condition of approval is required for any waiver request to permit a private
street:
9. If and when the City is petitioned to take over the private street, said street must be
improved to the current governing City standards as determined by the City Engineer
prior to acceptance. All required improvements to be at the home owners' association's
expense unless otherwise waived by majority passage of a resolution of the Carmel City
Council.
6.03.21 Subdivisions consisting of fifteen (15) lots or more shall have at least two (2) points of access. This
access is to be from a through street (feeder, arterial, or collector) or, where the Plan Commission finds
it to be appropriate, the continuation of existing, planned or platted streets on adjacent tracts, or the
extension of proposed streets to the boundary of the subdivision.
6.03.22 Where subdivision access is from a primary or secondary thoroughfare, or a collector street,
acceleration/deceleration lanes and a passing lane shall be provided at each intersection per the
following chart:
A ><Varies X B
C
Functional Classification: Controlling Dimensions
(Feet):
A B C D
Preliminary Thoroughfare 250 100 150 100
Secondary Thoroughfare 250 100 150 80
Collector Street 100 100 100 60
*Where appropriate right -of -way exists.
Chapter 6: Standards of Design
6 -4
as amended per Z -318; Z -329; Z- 370 -02; Z- 445 -04; Z- 457 -04; Z- 486 -06
Spring 2006 vl
•
•
•
CARMEL 0000039
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
6.03.23 Where a cul -de -sac or single outlet subdivision outlets onto a primary or secondary thoroughfare or
collector street, wider street widths and longer acceleration/deceleration lanes than the above
minimum requirements may be required by the Commission; based on the standards established in the
American Association of State Highway Engineers Manual.
6.03.24 Frontage Place Design. Frontage Places included in residential areas shall conform to the following
design requirements: (See Figure 6 -1)
1. Width. Frontage places shall be at least eighteen (18) feet in roadway width.
2. Planting Strip. Frontage places shall be separated from the thoroughfare right -of -way by a
planting strip at least twenty (20) feet in width and extending for the length of one (1) lot past
the terminal thoroughfare access points.
3. Fences. Fences shall not be erected within the mandatory twenty -foot (20') planting strip.
4. Length between Access Points. Frontage places shall be neither less than two hundred fifty
(250) feet nor in excess of six hundred (600) feet in length between thoroughfare access
points, excepting cases in which the total length of the frontage place is less than two
hundred fifty (250) feet.
5. Minimum Distance from Intersections. Thoroughfare access points shall be a minimum of
two hundred fifty (250) feet from the intersection of major arterials, parkways, and collectors
as designated in the thoroughfare section of the Comprehensive Plan. In this case a
hammerhead extension shall be permitted which shall conform to the following design
requirements:
a. Hammerheads shall be at least sixteen (16) feet in width.
b. Hammerheads shall be separated from the thoroughfare right -of -way by a planting
strip at least twenty (20) feet in width.
c. Fences shall not be erected within the mandatory twenty-foot (20') planting strip.
d. Hammerheads shall be a minimum of fifty (50) feet across at the end.
e. Hammerheads shall accommodate no more than five (5) lots.
f. Hammerheads shall be developed as fully paved and curbed surfaces built in
accordance with the standards of the City of Carmel as prescribed by the City
Engineer.
6. Easement or Right -of -Way Width. Easements or rights -of -way for frontage places shall be
twenty (20) feet in width.
7. Terminal Points. Frontage places shall terminate at streets.
8. Design Standard. Frontage places shall be developed as fully paved and curbed surfaces
built in accordance with the standards of the City of Carmel as prescribed by the City
Engineer.
6.03.25 Alleys. Alleys shall conform to the following design requirements: (See Figure 6 -2)
1. Width.
a. Residential: Twelve (12) feet in pavement width.
b. Commercial: Sixteen (16) feet in pavement width.
2. Easement or Right -of -Way Width.
a. Residential: Sixteen (16) feet.
b. Commercial: Twenty (20) feet.
3. Length. Alleys shall not exceed six hundred (600) feet in length for any given block.
Chapter 6: Standards of Design
6 -5
as amended per Z -318; Z -329; Z- 370 -02; Z- 445 -04; Z- 457 -04; Z- 486 -06
Spring 2006 vl
CARMEL 0000040
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
4. Terminal Points. Alleys shall terminate at streets.
5. Alignment. Where alleys exist on two or more adjacent blocks, they shall be made to align
with one another.
6. unassigned.
7. Parking. Alley parking shall be restricted to garages and paved areas adjacent to garages.
On -alley parking shall be prohibited.
8. Design Standard. Alleys shall be developed as fully paved, uncurbed surfaces built in
accordance with the standards of the City of Carmel as prescribed by the City Engineer.
6.03.26 Gates. Gates to private streets shall be permitted only when the following criteria are met:
1. Public pedestrian and bike access to & through the site must be provided without
obstruction.
2. Minimum of 60 feet of stacking area shall be provided outside the gate. Stacking area
can not be within the Thoroughfare Plan right of way.
3. Turnaround area with adequate turning radius must be provided (the design vehicle for
the turnaround area should be a passenger vehicle.) Turnaround and gate must be located
outside of the Thoroughfare Plan right -of -way.
4. School bus pick -up area must be provided.
5. Gate and associated structures must be of high quality materials and construction.
6. Walls or other enclosures must be landscaped and designed with human -scale articulation
along their exterior perimeters.
7. Perimeter wall height shall be as approved by the Commission.
8. Emergency response access to the development must be provided and approved by all
City public safety departments.
9. Access to other City or County departments must be provided for official business,
including, but not limited to building inspections, code enforcement inspections and
inspections for tax assessment purposes.
10. Gates must have no overhead obstructions.
11. Power must be supplied to the gates at all times.
12. Under no circumstances shall gated entries be permitted in the area between US 31 —
Meridian Street and SR 431 — Keystone Avenue.
6.03.27 Walls. Subdivision entry and perimeter walls are permitted; however, no wall or fence which abuts an
arterial, parkway or collector roadway shall be constructed primarily of wood. All walls abutting
arterial, parkway or collector roadways shall be reviewed and approved by the Commission.
6.04 Blocks.3
6.04.01 Blocks should not exceed one thousand five hundred (1500) feet in length, or be less than two hundred
fifty (250) feet in length between the right -of -way lines. In any residential block more than eight
hundred (800) feet in length, a painted crosswalk of not less than ten (10) feet in width may be
required where necessary to provide convenient access to schools, playgrounds, shopping centers and
other community facilities.
3 Section 6.04 amended per Ordinance No. Z -318.
Chapter 6: Standards of Design
6 -6
as amended per Z -318; Z -329; Z- 370 -02; Z- 445 -04; Z- 457 -04; Z- 486 -06
Spring 2006 vl
•
•
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CARMEL 0000041
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
6.04.02 Blocks shall be of sufficient width to permit two tiers of lots of appropriate depth, except where an
interior street parallels a Limited Access Highway, a Railroad Right -of -way, or a waterway.
6.05 Lots.4
6.05.01 All lots shall abut and have access to a street; said lots each having a minimum frontage at the street
right -of -way of fifty (50) feet. The required lot width cited in the Zoning Ordinance shall be at the
building setback line.
6.05.02 Sidelines of lots shall be at approximately right angles to straight streets and on radial lines on curved
streets. Some variation from this rule is permissible, but pointed or very irregular lots should be
avoided.
6.05.03 Double frontage lots (through lots) shall not be platted, except that where required along an arterial
street, parkway, or collector, the principal structure shall face such thoroughfares. In that event a non-
access easement, at least twenty (20) feet in width, shall be provided along the front of the lot.
6.05.04 Widths and areas of lots shall be not less than that provided in the Zoning Ordinance for single - family
dwellings for the district in which the subdivision is located, except that when a water main supply
system or a sanitary sewer or storm sewer are not available the lot area necessary to install a private
water supply or private sewage disposal on the lot in accordance with the Zoning Ordinance
regulations shall become the required minimum lot area.
6.05.05 Comer residential lots shall be wider and larger than interior lots in order to permit appropriate
building setbacks from both streets.
6.05.06 Wherever possible, planned and coordinated commercial and industrial complexes, based upon sound
development standards, such as those contained in the planned district (B -4 and I -2) regulations in the
Zoning Ordinance, should be designed in contrast to the platting of lots for individual commercial and
industrial uses.
6.05.07 Where lots are located adjacent to arterial, parkway, or collector streets as designated in the
thoroughfare section of the Comprehensive Plan, dwellings on such lots shall face such thoroughfares.
6.05.08 Perimeter Lots. When perimeter lots within qualifying subdivisions, as described in Chapter 7, abut
an existing subdivision, they shall comply with one or more of the following requirements:
a. They shall match the minimum lot area, width and setback requirements that applied to the
adjoining subdivision(s), or;
b. They shall be separated from adjoining subdivisions through use of project open space, as
defined in Chapter 7.
6.06 Easements.
6.06.01 Where alleys are not provided, easements for utilities shall be provided. Such easements shall have
minimum widths of twenty (20) feet and where located along lot lines, one -half of the width shall be
taken from each lot. Lots on the outside perimeter of a subdivision, where lots do not abut another
subdivision, shall provide an easement fifteen (15) feet in width. Before determining the location of
easements the plan shall be discussed with the local public utility companies to assure their proper
placing for the installation of such services.
6.06.02 Where a proposed subdivision is traversed by any stream, watercourse, or drainageway, the subdivider
shall make adequate provision for the proper drainage of surface water, including the provision of
easements along such streams, watercourses, and drainageways, in accordance with the standards
established by the City.
4 Section 6.05 amended per Ordinance No. Z -318; Z -329.
Chapter 6: Standards of Design
6 -7
as amended per Z -318; Z -329; Z- 370 -02; Z- 445 -04; Z- 457 -04; Z- 486 -06
Spring 2006 vl
CARMEL 0000042
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
6.06.03 Utility easements in private rights -of -way or in common use recreation areas may be constructed in
any easements, except in a drainage easement where they would cause an obstruction to a watercourse
or to a flow of water. Fences located in easements are subject to removal by persons properly
authorized to use said easement.
6.07 Building Setback Lines.
Building setback lines shall be as provided in the Zoning Ordinance. Vision clearance shall be shown as
required by the Zoning Ordinance where front yards do not provide same.
Chapter 6: Standards of Design
6 -8
as amended per Z -318; Z -329; Z- 370 -02; Z- 445 -04; Z- 457 -04; Z- 486 -06
Spring 2006 vi
•
•
CARMEL 0000043
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 6: STANDARDS OF DESIGN
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -318
88 -96 OA
July 7, 1997
July 7, 1997
ZO 25.2.9; 26.2.7;
26.2.12; 26.2.19
SCO 4.6; 6.3.19;
6.3.24 — 6.3.25;
6.4.2; 6.5.3; 6.5.7
Z -329
10 -98 OA
January 4, 1999
January 4, 1999
SCO 6.0; 6.1; 6.5;
Chapter 7
ZO 5.0 -11.0; 26;
26.2
Z- 370 -02
132 -01 OA
March 18, 2002
March 18, 2002
6.3.6; 8.9
Spring 2002 vl
Z- 445 -04
04020004 OA
June 21, 2004
June 21, 2004
6.03.19; 6.03.24;
6.03.25; Figures
Summer 2004 vi
Z- 457 -04
04020004 OA
October 4, 2004
October 4, 2004
6.03.19
Correction to Z- 445 -04
Summer 2004 vl
Z- 486 -06
05120002 OA
February 20, 2006
March 22, 2006
6.03.20; 6.03.26;
6.03.27
Spring 2006 vl
Chapter 6: Standards of Design
6 -9
as amended per Z -318; Z -329; Z- 370 -02; Z- 445 -04; Z- 457 -04; Z- 486 -06
Spring 2006 vl
•
•
CARMEL 0000047
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 2: SUBDIVISION REGULATIONS
CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 7: OPEN SPACE STANDARDS FOR MAJOR SUBDIVISIONS (ROSO III)
7.00 Subdivision Open Space Design.
7.01 Subdivision Base Density.
7.02 unassigned.
7.03 Open Space Schedule.
7.04 General Standards For Open Space.
7.05 Open Space Priority Areas.
7.06 Standards For Natural Open Space.
7.07 Woodland Evaluation.
7.08 Standards For Agricultural Open Space.
7.09 Standards For Designed Open Space.
7.10 Standards For Conservancy Lots.
7.11 Permanent Protection Through Conservation Easements.
7.12 Ownership of Open Space and Common Facilities.
7.13 Maintenance.
7.14 Modifications.
EXHIBIT A: Open Space Schedule.
EXHIBIT B: Open Space Conservation Plan Preparation Guidelines.
The Open Space Subdivision design approach has been adopted to ensure a minimum amount of neighborhood
open space is integrated within all Major Subdivisions. Open Space should be set aside for active or passive
uses, and provide a network of open space. The open space requirements emphasize the protection of natural
areas, such as flood zones and woodlands, but also allow for more structured open spaces, such as parks or
squares, as well as for agricultural open space in the form of fields or pasture. Open space should be consistent
with the goals, objectives and policies set forth in the Comprehensive Plan.
To encourage the maximum amount of open space within subdivisions, the ordinance allows for smaller lots,
and reduced yard areas. The ordinance also allows for a density increase bonus when minimum requirements
for open space are exceeded.
7.00 Subdivision Open Space Design.'
7.00.01 Major Subdivisions with community water and community sewer that meets the Standard Open Space
Requirement (SOSR) set forth in Section 7.01 shall be exempt from the area, yard, width, and
coverage standards set forth in Sections 5.04.02, 5.04.03, 6.04.02, 6.04.03, 7.04.02, 7.04.03, 8.04.02,
8.04.03, 9.04.02, 9.04.03, 10.05.02, and 10.05.03 of the Zoning Ordinance, however, the minimum
distance between dwellings shall be six (6) feet.
7.00.02 Minor subdivisions shall be exempt from the requirements of this Chapter.
7.00.03 Major subdivisions with a gross density of .85 units per acre or less shall be exempt from the
requirements of this Chapter.
Section 7.00 amended per Ordinance No. Z- 483 -05.
Chapter 7: Open Space Standards For Major Subdivisions
7 -1
as amended per Z -346; Z- 458 -04; Z- 475 -05; Z- 483 -05
Winter 2006 vi
CARMEL 0000049
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
7.01 Subdivision Base Densitv.2
The base density permitted for new subdivisions is set forth below. The percentages in the following table refer
to the percentage of a subdivision's gross site acreage which must be devoted to open space as defined in this
Chap
RESIDENCE
DISTRICT
(PER ZONING
ORDINANCE)
STANDARD
OPEN SPACE
REQUIREMENT
(SOSR)
BASE DENSITY
FOR QUALIFYING
SUBDIVISION
(Lots /Acre)
S -1 Residential Estate
15%
1.0
S -1 Very Low Intensity
15%
1.0
S -1 Low Intensity
15%
1.0
S -2
20%
2.4
R -1
20%
2.9
R -2
20%
3.9
R -3
25%
5.0
R -4
25%
8.0
R -5
25%
12.0
7.02 unassigned.'
7.03 Open Space Schedule.
Together with the primary plat application, the applicant must submit an Open Space Schedule, noting the Open
Space categories used and acreage of each. (Exhibit A.). Subdivision open space is divided into four (4)
categories: Natural Open Space, Agricultural Open Space, Conservancy Lots, and Designed Open Space.
7.03.01 Natural Open Space. (See Section 7.06). Natural Open Space includes all land areas set aside in a
naturally occurring state, including priority conservation areas, used either:
1. for the purpose of passive neighborhood recreational use;
2. to protect scenic views; or
3. to minimize views of new development from existing roads.
7.03.02 AGRICULTURAL OPEN SPACE (See Section 7.08). Agricultural Open Space includes all land
areas set aside for agricultural uses, including pastureland.
7.03.03 CONSERVANCY LOTS (See Section 7.10). Conservancy Lots are intended to be used primarily as
large lot residential uses which serve as a buffer and/or transition to pockets of low intensity, very low
intensity,and residential estate subdivisions.
7.03.04 DESIGNED OPEN SPACE (See Section 7.09). Designed Open Space includes all land areas (other
than Agricultural and Natural Open Space) set aside or designed:
1. for passive or active recreational use within neighborhood areas;
2. To enhance views of new houses from existing roads;
2 Section 7.01 amended per Ordinance No. Z- 475 -05, §a.
3 Section 7.02 deleted per Ordinance No. Z- 483 -05.
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3. To act as neighborhood focal points.
7.04 General Standards For Open Space.
All subdivision open space that is set aside for common use, shall be designed using the standards set forth
within each open space category, and per the general requirements below.
7.04.01 Any lot within a subdivision shall be located within a one thousand -foot (1000') radius of Open Space
to help ensure safe and convenient access to the greatest number of lots within the subdivision.
7.04.02 Open space must also be accessible for land management and emergency purposes.
7.04.03 Open space must be easily and permanently identifiable as open space through one or more of the
following: maintenance practices, permanent signage, permanent monuments, paths or walks, walls, or
low fencing.
7.04.04 Open space intended for active recreational use must be suitable for such use without posing
interference with adjacent dwelling units, parking, driveways, and roads.
7.04.05 Open space shall be undivided by streets or alleys, except where necessary for proper traffic
circulation.
7.04.06 Open space must be free of all structures, and buildings except for structures directly related to the
purpose of the open space provided, such as swimming pools, clubhouses, gazebos, picnic shelters,
band shelters, decks and bridges. However, the Commission may grant approval of structures and
improvements required for storm drainage, sewage treatment and water supply within open space,
provided that such facilities would not be detrimental to the usability of open space.
7.04.07 There shall be submitted an Open Space Conservation Plan as part of the Primary Plat application. The
Open Space Conservation Plan shall address the intended use of project open space, and shall comply
with the Commission Open Space Conservation Plan Guidelines (Exhibit B).
7.05 Open Space Priority Areas.'
Open Space Priority Areas shall be protected to the extent indicated below, and may be utilized as project open
space:
7.05.01 Public Wellhead Protection Areas representing a two hundred -foot (200') radius control area around
the wellhead, shall be protected in their entirety.
7.05.02 The complete sealing of all lakes, ponds, or other water impoundment of any kind located within the
one -year time of travel for any existing public wellhead. No lakes, ponds or other water impoundment
of any kind shall be allowed within the two hundred -foot (200') radius of a public wellhead.
7.05.03 The proposed subdivision of any tract shall be designed to cause the least practicable disturbance to
natural infiltration and percolation of precipitation to the groundwater table, through careful planning
of vegetation and land disturbance activities, and the placement of streets, buildings and impervious
surfaces.
7.05.04 All FEMA and IDNR 100 -Year Floodway and Floodway Fringe Areas shall be preserved in their
entirety, however:
1. Alterations to floodway and floodway fringe areas may occur pursuant to a Letter of Map
Revision (LOMR) pursuant to the Federal Emergency Management Agency and Commission
approval;
" Section 7.05 amended per Ordinance No. Z- 458 -04, §a.
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2. Excavation, filling of earth or removal of native vegetation within one hundred -year
floodway fringe areas shall be prohibited, except as may be required by the Hamilton County
Drainage Board, or Carmel Board of Public Works and Safety.
7.05.05 Federal Jurisdictional Wetlands of one - quarter -acre ('/ -acre) or greater shall be preserved in their
entirety, including a fifty- foot -wide (50') perimeter buffer area to insure their protection. Wetland
alterations may occur, however, pursuant to a mitigation plan approved by the Indiana Department of
Environmental Management and the Commission.
7.05.06 The White River Greenway. The White River is this community's most significant natural and cultural
resource. An Open Space Priority Area in the form of a one hundred -foot wide buffer strip, measured
from the water's edge at normal pool elevation (as verified by the Indiana Department of Natural
Resources) along the Clay Township side, shall be established adjacent to the White River. This buffer
strip serves to help maintain or improve water and habitat quality along the River's length through
Clay Township.
7.05.07 Woodlands. Woodland areas that occur throughout Carmel/Clay, are primarily associated with
streams, ditches, wetlands, poor and erodible agricultural soils, and moderate to steep slopes. Because
of their resource values, all Mature Woodlands, Young Woodlands, and Scrub Woodlands on any tract
proposed for subdivision shall be evaluated by the applicant and the Commission to determine the
extent to which they shall be designated, partly or entirely, as Open Space as determined below.
Evaluation criteria and protection for woodlands are found in Section 7.07:
1. No more than fifteen percent (15 %) of lands occupied, as of December 1, 1998, by Mature
Woodlands shall be cleared.
2. No more than thirty percent (30 %) of lands occupied, as of December 1, 1998, by Young
Woodlands shall be cleared.
3. No more than fifty percent (50 %) of lands occupied, as of December 1, 1998, by Scrub
Woodlands shall be cleared.
7.05.08 Special Opportunity Corridors are linear, unbuildable areas subject to restrictions by major pipeline
companies or public utilities. These corridors extend for long distances through Carmel/Clay, and
provide a tremendous opportunity for low- impact improvements such as multi - purpose trails and
landscaping. All Pipeline easements, and high voltage electrical transmission lines within easements
and delineated as Special Opportunity Corridors on the Alternative Transportation Plan of the
Carmel/Clay Comprehensive Plan shall be set - aside, and integrated into the overall subdivision design
as project open space. As an Open Space Priority Area, the development of a linear trail system shall
be a requirement for all new subdivisions directly impacted/encumbered by Special Opportunity
Corridors.
7.05.09 Historic Structures and Sites shall be preserved as provided below. Many of the community's historic
structures and sites (resources) have been extensively researched and remain intact. For purposes of
this ordinance, The Hamilton County Interim Report, as amended, published March 1992 by the
Historic Landmarks Foundation of Indiana, shall be the official inventory of historic structures and
sites in Carmel/ Clay Township. For purposes of this ordinance, the property known as the Warren
House, located at 1225 East 116`h Street, Tax Parcel No: 17- 13- 01- 00 -00- 007.000, shall also be
considered a historic structure and site.
1. Plans requiring subdivision approval shall be designed to protect existing historic structures
and sites of all classes. This protection shall include the conservation of the landscape
immediately associated with and significant to those structures and sites, to preserve their
historic context.
2. Where, in the opinion of the Commission, a plan will have a detrimental impact upon a
historic resource, the developer shall mitigate that impact to the satisfaction of, the
Commission by modifying the design, relocating proposed lot lines, providing landscape
buffers, or other approved means.
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7.06 Standards For Natural Open Space.
The following represent minimum standards to reduce adverse impacts on Natural Open Space.
7.06.01 Natural Open Space consists of any Open Space Priority Area (Section 7.05). Natural Open Space
Areas are generally the preferred form of project open space, opportunities for Natural Open Space
should be exhausted prior to implementation of other open space types.
7.06.02 Natural Open Space areas may be altered, but only to the extent indicated in the Open Space
Conservation Plan. Such alterations shall occur in accordance with the below standards, and
consistent with the approved Open Space Conservation Plan.
7.06.03 Unless otherwise approved by the Commission, each Natural Open Space area must:
1. Be a minimum area of one -half ('h) acre;
2. Have a minimum width of seventy-five (75) feet, and
3. Have at least two (2) points of access
7.07 Woodland Evaluation.
The evaluation of the tract's woodlands shall be undertaken by an arborist, landscape architect, horticulturist or
another qualified professional, acceptable to the Director. This evaluation shall be submitted as a written report,
included with and supplemental to the Open Space Conservation Plan.
7.07.01 Evaluation of Trees. The goal of woodland preservation is to ensure trees remain assets to the site for
years to come. Single trees and woodlands that are preserved within Project Open Space, therefore,
must meet the following minimum standards:
1. A life expectancy of greater than ten (10) years.
2. The tree must be in good or better condition.
3. A relatively sound and solid trunk with no extensive decay. -
4. No more than one major dead limb or several minor dead limbs.
5. No major insect or pathological problem.
7.07.02 Woodland Protection Practices. Protecting the root zone is the most critical factor in tree preservation
throughout the development process. Disturbance within this area directly affects tree survival. To
protect root zones, the following standards apply:
1. When earthwork, grading, or construction activities are planned adjacent to Woodland open
space, a limit of disturbance line shall be shown on the construction plans and the area(s)
protected through installation of temporary fencing or other measures approved by the
Commission. Such fencing (or other approved measures) shall be installed and identified
through signage as a "Tree Preservation Zone" prior to commencing land disturbance, and
remain throughout the period of construction.
2. The root zone of trees and woodlands shall include no less than the total area beneath the
tree(s) canopy as defined by the farthest canopy of the tree(s) plus a five -foot wide (5')
protective buffer.
3. Construction site activities such as parking, material storage, bury pits, concrete washout,
etc., shall not be allowed within Woodland open space.
4. Grade changes adjacent to tree preservation zones shall not result in alteration to soil or
drainage conditions that would adversely affect existing vegetation. Woodlands must be
evaluated for flood tolerance, and storm water routed around those areas deemed intolerant of
an increase of additional flow from urbanization.
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5. Disturbed areas adjacent to tree preservation zones shall be mulched to provide additional
protection to tree roots.
6. When digging trenches for utility lines or similar uses, disturbances to the root zones of
woodland open space shall be prohibited. Underground tunneling or directional boring of
utilities is required to protect woodland root zones.
7. Woodland clearing shall not be permitted prior to Secondary Plat approval.
8. The determination of sight distance clearances along roadways shall be made graphically, not
by clearing woodlands on -site prior to Secondary Plat approval.
7.07.03 Afforestation and Reforestation. The replacement of trees in the Natural Open Space or tree
preservation areas shall be determined on the Open Space Conservation Plan pursuant to the
following:
1. The base planting unit for Afforestation within or adjacent to Natural Open Space shall be for
each five hundred (500) square feet and include:
a. one (1) shade tree
b. four (4) whips
c. twelve -inch (12 ") seedlings spaced on three -foot (3') centers.
2. Where specimen trees, stands of trees or woodlands within Natural Open Space or designated
tree preservation zones have been irreparably damaged or illegally removed, a reforestation
area shall be set aside, double in size of the damaged or cleared area, to be planted pursuant
to the above standards for Afforestation.
3. A landscape buffer of native trees and shrubs is required adjacent to Woodland open space
areas that have been opened up due to land clearing activity. Planting shall occur per Exhibit
C: Perimeter Buffering.
4. Tree species selected for replacement must be quality specimens and must be native to North
Central Indiana. Standards for transplanting can be found in the Carmel Tree Installation
Specifications Manual. A site - specific tree list will be provided to the City Arborist.
7.08 Standards For Agricultural Open Space.
Agricultural Open Space shall be devoted to agricultural uses, including pastureland, or the raising of crops, and
may include residences or facilities that are specifically needed to support an active, viable agricultural
operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other
animals likely to produce offensive odors.
7.08.01 The minimum land area for Agricultural Open Space shall be five (5) acres.
7.08.02 Pastureland is land reserved for horses that are solely for recreational purposes.
7.08.03 Agricultural Open Space may not consume more than one half (50 %) of the SOSR.
7.09 Standards For Designed Open Space.
Designed Open Space shall assume any one or more of the following forms; however, the Commission may
consider and approve other forms not described in this section, pursuant to the criteria in Section 7.09.11:
7.09.01 Squares. Squares are areas designed as neighborhood focal points and/or minor destination points for
sitting or strolling and located at the intersection of neighborhood streets.
1. Squares shall be no greater than 10,000 square feet , with a minimum width of seventy -five
(75) feet.
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2. Streets shall bound squares on at least two (2) sides.
3. Squares shall be improved with a combination of paved areas and landscaped areas, and
should be furnished with benches, lighting, and other site details such as perennial gardens,
shrub borders, birdbaths, and fountains.
7.09.02 Parks. Parks are open space areas designed specifically for, and equipped for, the play of small
children.
1. Parks shall have a minimum area of 10,000 square feet, with a minimum average width of
ninety (90) feet.
2. One (1) point of access is required for each 25,000 square feet, up to a maximum of three (3)
points of access.
3. Park areas should be fenced and may include an open shelter.
4. Parks should be interspersed within neighborhoods, a short walking distance from dwellings.
7.09.03 Greens. Greens are medium sized open space areas that are designed for unstructured recreational use.
1. Greens shall be no less than 40,000 square feet in area, with a minimum average width of one
hundred fifty (150) feet.
2. Greens shall be bound on three (3) sides by streets or house facades.
7.09.04 Boulevards. Boulevards are linear open spaces located within a public or private street and consist of:
1. a linear street median, at least ten (10) feet wide;
2. tree lawns along each side of the street, at least ten (10) feet wide, and planted in a formal
manner with street trees located on consistent spacing;
3. parallel multi - purpose pathways along each side, or, a multi - purpose pathway along one side,
and a sidewalk along the other. The minimum width for multi - purpose paths shall be ten (10)
feet.
7.09.05 Greenbelts. Greenbelts are located along the perimeter of a neighborhood and adjacent to arterial
streets or parkways. Greenbelts may be left natural or developed to provide for recreation
opportunities. Minimum width: One hundred (100) feet.
7.09.06 Planting Strips. Planting Strips are spaces required per Section 6.03.19 of the Subdivision Regulations,
and may contribute up to fifteen percent (15 %) of the SOSR.
7.09.07 Trails. When a subdivision is traversed by or abuts a proposed or existing dedicated trail or a Special
Opportunity Corridor, the applicant shall provide for its development and continuation, consistent with
the maps and policies of the Comprehensive Plan and its Alternative Transportation System map, and
per the construction and design specifications of the City of Carmel;
1. If located outside of the street right -of -way, and upon private ground, the trail shall be placed
within a conservation easement, a minimum of thirty (30) feet in width. The language of the
conservation easement shall be to the satisfaction of the Commission upon recommendation
of the Commission attorney.
2. No trail shall be designed with the intent to accommodate motorized vehicles.
7.09.08 Paths. Paths shall generally be located within the undivided (common) Open Space lands. In
situations where paths must cross portions of house lots or conservancy lots, a permanent conservation
and common access easement shall protect them.
1. The minimum width for the easement shall be fifteen (15) feet and shall have a length to
width ratio of ten to one (10:1).
2. Paths shall be paved with an all weather surface, (e.g. compacted stone, or hardwood mulch,
or asphalt) not less than four (4) inches in depth, upon a compacted subgrade, and a
minimum of five (5) feet in width.
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7.09.09 Golf Courses. Golf Courses, excluding associated driving ranges or miniature golf facilities, may
comprise up to half (50 %) of the SOSR. However, lands devoted to parking areas, clubhouses, and any
other Assessory Structures shall not count toward the SOSR.
7.09.10 Ponds. Storm water management ponds that are designed, landscaped, and available for use as an
integral part of a subdivision's open space network may be counted toward a portion of the SOSR,
based on a percentage equal to that portion of a pond's perimeter which is not bounded by lots (e.g.
thirty percent (30 %) bounded by lots, seventy percent (70 %) Open Space).
7.09.11 The Commission may approve other forms of Design Open Space if a proposed open space meets the
following criteria:
1. It is designed as a neighborhood focal point.
2. It is designed for people, and with one or more specialized functions, such as a sitting or
gathering place; tot lot or playground; an area for court games, or a roque or croquet field.
3. It meets the general description of Designed Open Space found in Section 7.03.D.
4. It meets the General Standards for Open Space, Section 7.04.
7.10 Standards For Conservancy Lots.
Conservancy Lots may be used where applicants opt to develop portions of their property at very low densities
and offer to place a restrictive conservation easement preventing future subdivision of the newly created
parcels.
7.10.01 Conservancy Lots shall be a minimum of five (5) acres.
7.10.02 Minimum front yards for Conservancy Lots:
1. Primary Structures: two hundred (200) feet from right -of -way.
2. Accessory Structures: two hundred twenty -five (225) feet from right -of -way.
7.10.03 Up to fifty percent (50 %) of each Conservancy Lot may contribute to the OSP.
7.10.04 Conservancy Lots may contribute up to fifty percent (50 %) of the overall SOSR.
7.11 Permanent Protection Through Conservation Easements.
7.11.01 Subdivision open space shall be subject to permanent conservation easements prohibiting future
development and defining the range of permitted activities.
7.11.02 The Commission shall review all proposed easements and shall accept them provided their wording
accomplishes the purposes of this Ordinance and is consistent with the Comprehensive Plan.
7.12 Ownership of Open Space and Common Facilities.
7.12.01 Ownership Options. The methods below may be used, either individually or in combination, to own
common facilities; however, project open space which is contiguous to an existing public park or trail
(linear park) or contiguous to an area identified as a park (or trail) on the Park Master Plan shall be
initially offered for dedication to, or purchase by, the Carmel Clay Township Board of Parks and
Recreation.
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7.12.02 Open space shall not be transferred to another entity except for transfer to another method of
ownership permitted under this section, and then only when there is no change in the common
facilities or in the open space ratio of the overall development. Ownership methods shall conform to
the following:
1. Fee Simple Sale or Dedication to the Park Board. The Park Board may, but shall not be
required to, purchase or accept the dedication of any portion of the common facilities.
2. Condominium Association. Common facilities may be controlled through the use of
condominium agreements. All open land and common facilities shall be held as common
element.
3. Homeowners' Association. Common facilities may be held in common ownership by a
homeowners' association, subject to any of the provisions for homeowners' associations set
forth in the Zoning Ordinance. In addition, the following regulations shall be met:
a. The applicant shall provide the Commission a description of the organization of the
proposed association, including its by -laws, and all documents governing
ownership, maintenance, and use restrictions for common facilities.
b. The proposed association shall be established by the owner or applicant and shall be
operating (with financial subsidization by the owner or applicant, if necessary)
before the sale of any dwelling units in the development.
c. Membership in the association shall be automatic (mandatory) for all purchasers of
dwelling units therein and their successors in title.
d. The association shall be responsible for maintenance and insurance of common
facilities.
e. The by -laws shall confer legal authority on the association to place a lien on the real
property of any member who falls delinquent is his dues. Such dues shall be paid
with the accrued interest before the lien may be lifted.
f. Written notice of any proposed transfer of common facilities by the association or
the assumption of maintenance for common facilities must be given to all members
of the association.
g.
The association shall have adequate staff to administer, maintain, and operate such
common facilities.
4. Private Conservation Organization. With permission of the Commission, an owner may
transfer either fee simple title of the open space or easements on the open space to a private
non- profit conservation organization provided that:
a. The conservation organization is acceptable to the Commission and is a bona fide
conservation organization intended to exist indefinitely;
b. The conveyance contains appropriate provisions for proper reversion or retransfer
in the event that the organization becomes unwilling or unable to continue carrying
out its functions.
c. The open space is permanently restricted from future development through a
conservation easement and the Director is given the ability to enforce these
restrictions; and
d. A maintenance agreement acceptable to the Commission is established between the
owner and the organization.
5. Dedication of Easements to the Park Board. The Park Board may, but shall not be required
to, accept easements for public use of any portion of the common land or facilities. In such
cases, the facility remains in the ownership of the condominium association, homeowners'
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association, or private conservation organization. In addition, the following regulations shall
apply:
a. Any such easements for public use shall be accessible to the general public.
b. A satisfactory maintenance agreement shall be reached between the owner and the
Park Board.
6. Non - Common Private Ownership (Conservancy Lots). Up to fifty (50) percent of the SOSR
may be included within one or more large "conservancy lots" of at least three (3) acres,
provided:
a. A maximum of 75% of each lot area may be applied to the SOSR;
b. the open space is permanently restricted from future development;
c. the Director is given the ability to enforce these restrictions.
7.13 Maintenance.
Unless otherwise agreed to by the Plan Commission, the cost and responsibility of open space land shall be
borne by the property owner, condominium association, homeowners' association, or a conservation
organization.
7.14 Modifications.
7.14.01 The Commission may, after a public hearing, permit the modification of the provisions of this Chapter.
However, in terms of modifying any dimensional requirement (lot area, width, setbacks, etc.), such
modification may not be greater than thirty-five percent (35 %).
7.14.02 Any approval to permit such a modification shall be subject to the following criteria:
1. The proposal shall be in harmony with the purposes and the land -use standards contained in
this Chapter;
2. The proposal shall enhance the subdivision plan, the central core area, the streetscapes, and
the neighborhoods, or at least not be any less desirable than the plan that could be created in
conformance with this Chapter;
3. The proposal shall not produce lots or street systems that would be impractical or detract
from the appearance of the subdivision plan, and shall not adversely affect emergency
vehicle access or deprive adjoining noncommercial properties of adequate light and air.
4. The applicant shall demonstrate that the proposed modifications will produce equal or better
results, from the Commission's perspective, and represent the minimum modification
necessary.
7.14.03 If the Commission determines that the applicant has met his/her burden, it may grant a modification of
the requirements of this article. In granting modifications, the Commission may impose such
conditions that will, in its judgment, secure the objectives and purposes of this Chapter.
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EXHIBIT A
OPEN SPACE SCHEDULE
SUBDIVISION NAME:
1. SITE ACREAGE ±
2. ZONE DISTRICT
3. MINIMUM OPEN SPACE REQUIREMENT (SOSR) / acres
4. OPEN SPACE PROVIDED (OSP) / acres
5. PRIMARY CONSERVATION AREAS
❑ Well -head Protection Area ❑ FEMA/IDNR 100 year Floodway
❑ FEMA/IDNR 100 -year Flood Fringe ❑ Wetlands ( >1/4 ac.)
❑ White River Corridor ❑ Scrub Woodland
❑ Steep slopes (10 %) ❑ Young Woodland
❑ Mature Woodland ❑ Historic Structures /Sites
❑ Special Opportunity Corridor (identify)
❑ Other
6. NATURAL OPEN SPACE PROVIDED / acres
7. AGRICULTURAL OPEN SPACE / acres
8. DESIGNED OPEN SPACE / acres
❑ Square ❑ Parks ❑ Green
❑ Boulevard ❑ Greenbelt ❑ Paths
❑ Trails ❑ Golf Courses ❑ Pond (see below)
❑ Other
9. CONSERVANCY LOTS
no. lots acres
10. PONDS total measured perimeter (in linear feet) 1.f.
total measured accessible perimeter (not bounded) 1.f.
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EXHIBIT B
OPEN SPACE CONSERVATION PLAN
PREPARATION GUIDELINES
A. The Open Space Conservation Plan shall be submitted as a map and written report, and made a part of the
Primary Plat application.
1. The Open Space Conservation Map shall be a 24" x 36" plan, and include the following:
a. Title block, north arrow and scale;
b. name of project and date of preparation; name of preparer, contact information;
c. project boundary, including all adjoining parcels within six hundred (600) feet;
d. existing roads, buildings, utilities and natural features;
e. delineation of all Open Space Priority Areas (Section 7.05);
f. delineation of woodland classification areas (Section 7.05.E) including edges and sampling
points;
g. proposed roads, lots, storm water management facilities, community buildings and utilities;
h. proposed project open space and common areas;
i. written project construction sequence summary.
2. The Map shall also identify and describe the construction techniques and conservation practices that
will protect open space areas during construction of the project.
B. The Open Space Conservation Report shall be bound, 8.5" x 11" format, addressing the following areas:
1. General Project Information:
a. The name of project and date of preparation;
b. The name of preparer, contact information;
c. A completed Open Space Schedule form;
d. A site context plan (11" x 17 "), scale and north arrow and title block, and showing the site
boundary, existing roads, proposed road and lot layout, storm water management facilities,
location of Open Space Priority Areas, location of project open space.
2. Open Space:
a. A written, itemized description of all Open Space Priority Conservation Areas;
b. Written descriptions of other proposed project open spaces;
c. Written and photographic description of the composition and conditions and review of
woodland evaluation criteria;
d. Written and graphic description of afforestation and/or reforestation plans.
3. Maintenance and Operation Plan:
a. An estimate of staffing needs;
b. Insurance requirements;
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c. Define the means for funding the operation and maintenance costs of the project open space
and any common facilities on an on -going basis. Such funding plan shall include the means
for funding long -term capital improvements as well as regular yearly operating and
maintenance costs;
d. Plans for regular and periodic operation and maintenance responsibilities for the various
categories and types of open space.
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CHAPTER 7: OPEN SPACE STANDARDS FOR MAJOR SUBDIVISIONS
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -346
Z- 458 -04
04080046 OA
December 6, 2004
December 6, 2004
7.05.09
Winter 2005 vl
Z- 475 -05
05010007 OA
March 7, 2005
March 7, 2005
7.01
Winter 2005 v2
Z- 483 -05
05090002 OA
January 9, 2006
January 9, 2006
7.00.03; 7.02
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CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 2: SUBDIVISION REGULATIONS
CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 8: STANDARDS OF REQUIRED IMPROVEMENTS
8.00 Standards of Required Improvements.
8.01 Required Improvements by Subdivider.
8.02 Monuments and Markers.
8.03 Streets.
8.04 Sewers.
8.05 Water.
8.06 Interpretation Concerning Utility Systems Installation.
8.07 Storm Drainage.
8.08 Curb and Gutter.
8.09 Alternative Transportation.
8.10 Street Signs, Fire Hydrants and Street Lights.
8.00 Standards of Required Improvements.
8.01 Required Improvements by Subdivider.
The subdivider shall be required to provide and install certain minimum improvements in the subdivision as a
condition for approval of the Final Plat by the Commission. All such required improvements shall be
constructed in accordance with the minimum requirements of these regulations and the construction standards
and specifications adopted by the jurisdiction over a particular improvement. Nothing contained herein,
however, shall be construed as prohibiting the subdivider from installing improvements meeting higher
standards than the minimum requirements.
8.02 Monuments and Markers.
Monuments and markers shall be set by the subdivider as herein required. Said monuments and markers shall
be placed so that the center of the pipe or marked point shall coincide exactly with the intersection of lines to be
marked, and shall be set so that the top of the monument or marker is level with the finished grade.
8.02.01 Monuments shall be of stone, pre -cast concrete or concrete poured in place with minimum dimensions
of four (4) inches by four (4) inches by thirty-six (36) inches, set vertically in place. They shall be
marked on top with an iron or copper dowel set flush w ith the top of the monument, scored on top with
a cross. Said monuments shall be set:
1. At the intersections of all lines forming angles in the boundary of the subdivision.
2. At the intersections of all lines forming angles in the boundary of the section, if the
subdivision is platted by sections.
Chapter 8: Standards of Required Improvements
8 -1
amended per Z -339; Z- 370 -02
Summer 2004 vl
CARMEL 0000064
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
8.02.02 Monuments to be placed in streets shall be of brass, iron or steel pin, twenty-four (24) inches in length,
one - half -inch (' /2 ") minimum diameter with one and one - half -inch (1'h ") minimum diameter head, set
vertically in place. Said monuments shall be set:
1. At the intersection of all street centerlines.
2. At the beginning and ending of all curves along street centerlines.
8.02.03 Any section, half section or quarter section monument located in a street shall be re- established by the
Hamilton County Surveyor and shall be provided with an Indiana State Highway Department standard
monument box.
8.02.04 Markers shall consist of iron pipes or steel bars with minimum dimensions of thirty-six (36) inches in
length and 5/8 -inch in diameter. Said markers shall be set:
1. At all points where lot lines intersect curves, either front or rear.
2. At all angles in property lines of lots.
3. At all other lot corners not established by a monument.
8.02.05 The subdivider shall submit two (2) copies of the plat of the subdivision indicating the placement of all
monuments and markers installed or existing. Said plat shall be certified by a Registered Land
Surveyor, in accordance with State Statutes and licensed to do business in the State of Indiana, and
approved by the Commission.
8.03 Streets.
8.03.01 Streets (and alleys, where provided) shall be completed to the specifications shown on plans, profiles,
cross - sections, etc., provided by the subdivider and prepared by a Professional Engineer or Registered
Land Surveyor, in accordance with State Statutes and licensed to do business in the State of Indiana,
and approved by the Commission.
8.03.02 The streets shall be graded, surfaced and improved in accordance with current standards and
specifications of the authority with the responsibility for final acceptance of said streets.
8.03.03 In all cases where streets are being finally surfaced in any subdivision, the Building Commissioner
shall be called and notified for the purpose of inspecting the final surfacing of any street in any
subdivision within the jurisdiction of this Ordinance and he may in turn notify the City Engineer or
County Engineer as appropriate, and the failure of any contractor, subcontractor or subdivider to
comply with this mandatory provision may result in non - acceptance of the street by the proper
authorities. The responsibility for compliance with this provision shall be solely with the subdivider
shown on such Completion Bond as the principal obligor.
8.04 Sewers.
8.04.01 The subdivider shall provide the subdivision with a complete sanitary sewer system which shall
connect with a sanitary sewage except that when such approved outlet is not reasonably available, one
of the following methods of sewage disposal may be permitted at the determination of the
Commission; provided, however, that a private sewage disposal system on individual lots consisting of
a septic tank and tile absorption field shall be approved by the Hamilton County Board of Health.
1. A complete sanitary sewer system to convey the sewage to a treatment plant, to be provided
by the subdivider in accordance with the standards and specifications of the Indiana State
Board of Health and with the current standards of the City of Carmel.
2. Private sewage disposal system on individual lots consisting of a septic tank and tile
absorption field or other approved sewage disposal system, when laid out in accordance with
Chapter 8: Standards of Required Improvements
8 -2
amended per Z -339; Z- 370 -02
Summer 2004 vl
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CARMEL 0000065
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
the standards and specifications of the Hamilton County Board of Health. This type of
individual sewage disposal system is the responsibility of the builder and not of the
subdivider.
8.04.02 The plans for the installation of a sanitary sewer system shall be provided by the subdivider and
approved by the appropriate authority with control over sanitary sewage. This shall require Indiana
State Board of Health approval, including a SPC -15 Construction Permit. Upon completion of the
sanitary sewer installation, two (2) copies of the plans for said system as built shall be filed with the
Building Commissioner.
8.05 Water.
8.05.01 The subdivider shall provide the subdivision with a complete water main supply system, which shall
be connected to a municipal or a community water supply approved by the Indiana State Board of
Health except that, when such municipal or community water supply is not available, the subdivider
shall provide an individual water supply on each lot in the subdivision in accordance with the current
standards of the City of Carmel and the standards and specifications of the Indiana State Board of
Health and the Hamilton County Board of Health.
8.05.02 Plans for the installation of a water main supply system shall be submitted by the subdivider and these
plans and systems shall be built in accordance with the current standards of the City of Carmel or the
standards and specifications of the appropriate public or private utility service. Upon completion of
the water supply installation, two sets of plans for such system as built shall be filed with the Building
Commissioner.
8.06 Interpretation Concerning Utility Systems Installation.
8.06.01 In reference to standards for sewers and water, the phrase "the subdivider shall provide" shall be
interpreted to mean that the subdivider shall install the facility referred to, or, whenever a private
sewage disposal system or an individual water supply is to be provided, that the subdivider shall
require, as a condition of the sale of each lot or parcel in the subdivision, that the facilities referred to
in these sections shall be installed by the builder of the structure on the lots in accordance with these
regulations.
8.07 Storm Drainage.
The subdivider shall provide the subdivision with an adequate storm water sewer system in accordance with the
current standards of the City of Carmel whenever curb and gutter is installed and whenever the evidence
available to the Commission indicates that the natural surface drainage is inadequate. When the surface
drainage is adequate, easements for such surface drainage shall be provided in accordance with the current
standards of the City of Carmel. Deep open ditches for drainage are not permitted in the right -of -way, but
where curb and gutter are not provided, a shallow swale with its low point at least three inches below the
elevation of the subgrade of the pavement may be permitted. All open drainage ditches and swales shall be
constructed in exact conformance with the submitted plans and specifications and the entire ditch or swale
seeded or sodded in accordance with the guidelines of the Hamilton County Soil and Water Conservation
District and grass maintained before any improvement location permits shall be issued. This shall apply from
April 15 to September 15. At other times of the year the requirement will be waived until the following June
30`h, at which time the issuance of improvement permits shall be suspended if the above work has not been
completed.
Chapter 8: Standards of Required Improvements
8 -3
amended per Z -339; Z- 370 -02
Summer 2004 vl
CARMEL 0000066
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
8.08 Curb and Gutter.
The subdivider shall provide curbs and gutters on all streets in accordance with the current standards of the City
of Carmel.
8.09 Alternative Transportation.'
8.09.01 The installation of five -foot (5') sidewalks in all subdivisions within the entire jurisdictional area of
the Commission shall be mandatory, said sidewalks being installed on both sides of the street in front
of the Principal Building in accordance with the current standards of the City of Carmel.
8.09.02 This includes sidewalks on existing roads within and bordering a subdivision. However, whenever the
subdivision borders an existing or proposed road that is classified in the Thoroughfare Plan as a
collector, parkway, or arterial, the subdivider shall install a path consistent with the Thoroughfare Plan
instead of a sidewalk along such road.
8.10 Street Signs, Fire Hydrants and Street Lights.
8.10.01 The subdivider shall provide the subdivision with standard street name signs at the intersection of all
streets, in accordance with the current standards of the City of Carmel:
8.10.02 The subdivider shall provide the subdivision with fire hydrants only where a public water supply is
available to the subdivision, according to current standards of the City of Carmel or the standards and
specifications of the appropriate public or private water utility.
8.10.03 The subdivider shall be responsible for presenting a street lighting plan that may include street lighting
with easements or separate residential dusk -to -dawn lights or other plan acceptable to the Plan
Commission.
' Section 8.09 amended per Ordinance No. Z -339; Z- 370 -02.
Chapter 8: Standards of Required Improvements
8 -4
amended per Z -339; Z- 370 -02
Summer 2004 vl
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CARMEL 0000067
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 8: STANDARDS OF REQUIRED IMPROVEMENTS
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -339
67 -99 OA
4 October 1999
4 October 1999
Z- 370 -02
132 -01 OA
18 March 2002
18 March 2002
6.3.6; 8.9
Spring 2002 vi
Chapter 8: Standards of Required Improvements
8 -5
amended per Z -339; Z- 370 -02
Summer 2004 vl
CARMEL 0000068
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
CARIVIEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 2: SUBDIVISION REGULATIONS
CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 9: PLAT CERTIFICATES, DEED OF DEDICATION
9.00 Plat Certificates, Deed of Dedication.
9.01 Commission's Certificate.
9.02 Registered Land Surveyor's Certificate.
9.03 Board of Public Works and Safety Certificate.
9.04 Board of County Commissioners Certificate.
9.05 Deed of Dedication Forms.
9.06 Subdivider Agreement Forms.
9.00 Plat Certificates, Deed of Dedication.
9.01 Commission's Certificate.'
The following certificate shall appear on every final plat:
UNDER AUTHORITY PROVIDED BY INDIANA CODE 36 -7-4 -710 AND ORDINANCES ADOPTED BY
THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THIS PLAT WAS GIVEN
APPROVAL BY THE CITY OF CARMEL, AS FOLLOWS:
Granted Administrative approval by the Department of Community Services pursuant to Article XI of
the Carmel Plan Commission's Rules of Procedure on , 200_.
CARMEL PLAN COMMISSION
BY: (Name) , Director
DEPARTMENT OF COMMUNITY SERVICES
Carmel, Indiana
(SEAL)
1 Section 9.01 amended per Ordinance No. Z- 486 -06, §d.
Chapter 9: Plat Certificates, Deed of Dedication
9 -1
as adopted per Z -160; as amended per Z- 486 -06
Spring 2006 vl
CARMEL 0000070
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
9.02 Registered Land Surveyor's Certificate.
The following certificate shall appear on every final plat:
(Name) , HEREBY CERTIFY THAT I AM A REGISTERED LAND
SURVEYOR, LICENSED IN COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA:
THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY COMPLETED BY ME ON (Date) •
200
THAT ALL THE MONUMENTS SHOWN THEREON ACTUALLY EXIST AND THAT THE LOCATION,
SIZE, TYPE AND MATERIAL ARE ACCURATELY SHOWN:
AND THAT ALL REQUIREMENTS SPECIFIED IN THE SUBDIVISION ORDINANCE OF THE CITY
OF CARMEL HAVE BEEN MET.
(Signature)
(SEAL)
Chapter 9: Plat Certificates, Deed of Dedication
9 -2
as adopted per Z -160; as amended per Z- 486 -06
Spring 2006 vl
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CARMEL 0000071
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
9.03 Board of Public Works and Safety Certificate.'
The following certificate shall appear on every final plat for a subdivision that is located wholly or partially
within the corporate limits of the City of Carmel, Indiana, at the time of final plat approval by the Carmel Plan
Commission:
THIS PLAT WAS GIVEN APPROVAL BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF CARMEL, INDIANA, AT A MEETING HELD:
, 200
(Name), Mayor (Name), Member
(Name), Member (Name), Clerk Treasurer
2 Section 9.03 amended per Ordinance No. Z- 486 -06, §e.
Chapter 9: Plat Certificates, Deed of Dedication
9 -3
as adopted per Z -160; as amended per Z- 486 -06
Spring 2006 vl
CARMEL 0000072
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
9.04 Board of County Commissioners Certificate.'
The following certificate shall appear on every final plat for a subdivision that is located wholly or partially
outside the corporate limits of the City of Carmel, Indiana, at the time of final plat approval by the Carmel Plan
Commission.
UNDER AUTHORITY PROVIDED BY CHAPTER 47, ACTS OF 1951, ENACTED BY THE GENERAL
ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THERETO, THIS PLAT
WAS GIVEN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF HAMILTON
COUNTY, INDIANA, AT A MEETING HELD:
, 200 .
BOARD OF COMMISSIONERS OF HAMILTON
COUNTY, INDIANA
(Name) President (Name) Member
ATTEST:
(Name) Member
(SEAL)
3 Section 9.04 amended per Ordinance No. Z- 486 -06, §f.
Hamilton County, Auditor
Chapter 9: Plat Certificates, Deed of Dedication
9 -4
as adopted per Z -160; as amended per Z- 486 -06
Spring 2006 vl
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CARMEL 0000073
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
9.05 Deed of Dedication Forms.
A deed of dedication, in substantially the following form, shall appear on every final for a subdivision:
We, the undersigned, (Names) , owners of the real estate shown and described herein, do
hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide,
said real estate in accordance with the within plat.
The subdivision shall be known and designated as (Name of Subdivision) , an addition to
(Political Entity) . All streets and alleys shown and not heretofore dedicated, are hereby dedicated to
the public.
Front and side yard building setback lines are hereby established as shown on this plat, between which
lines and the property lines of the street there shall be erected or maintained no building or structure.
There are strips of ground (Number) feet in width as shown on this plat and marked
"Easement ", reserved for the use of public utilities for the installation of water and sewer mains, poles,
ducts, lines and wires, subject at all times to the proper authorities and to the easement herein
reserved. No permanent or other structures are to be erected or maintained upon said strips of land,
but owners of lots in this subdivision shall take their titles subject to the rights of the public utilities.
(Additional dedications and protective covenants, or private restrictions, will be inserted here upon the
subdivider's initiative or the recommendations of the Commission. Important provisions are those
specifying the use to be made of the property and, in the case of residential use, the minimum habitable
floor areas.)
The foregoing covenants, or restrictions, are to run with the land and shall be binding on all parties and
all persons claiming under them until January 1, 20_, (a 25 -year period is suggested), at which time
said covenants, or restrictions, shall be automatically extended for successive periods of 10 years
unless changed by vote of a majority of the then owners of the buildings covered by these covenants,
or restrictions, in whole or in part. Invalidation of any one of the foregoing covenants or restrictions, by
judgment or court order, shall in no way affect any of the other covenants or restrictions, which shall
remain in full force and effect.
The right to enforce these provisions by injunction, together with the right to cause the removal, by due
process of law, of any structure or part thereof erected or maintained in violation hereof, is hereby
dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to
their heirs and assigns.
Witness our Hands and Seals this day of , 200_.
(Signature)
(Signature)
(Signature)
STATE OF INDIANA
SS:
COUNTY OF HAMILTON )
Before me the undersigned Notary Public, in and for the County and State, personally appeared
(Name) , (Name) (Name) ,foreachseparately
and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and
deed, for the purposes therein expressed.
Witness my hand and notarial seal this day of , 200....
(Notary Public)
My Commission expires:
I am a resident of County.
(SEAL)
Chapter 9: Plat Certificates, Deed of Dedication
9 -5
as adopted per Z -160; as amended per Z- 486 -06
Spring 2006 vl
CARMEL 0000074
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
9.06 Subdivider Agreement Forms.
9.06.01 The following agreement shall be included as a submittal with the final plat approval application:
AGREEMENT
The developer shall be responsible for any drainage problems, including standing water, flooding and
erosion control, which arise or become evident at any time during the 3 year maintenance period after
the release of the subdivision bond, and which is attributable to a deficiency in subdivision drainage
design or construction of drainage improvements. This shall include all pipes, structures, swales,
ditches and ponds which are pertinent features to the proper drainage of the subdivision.
This responsibility of the developer shall not, however, include problems which are created subsequent
to the completion of the subdivision improvements by the improper grading by individual builders or
structures and improper grading installed or accomplished by individual homeowners.
It is the intent of this agreement that the developer shall specifically provide such sub - surface drains, or
storm sewers or ditches, as are required to properly rectify any drainage problem or sub - surface water
problem which was not contemplated in the original approved subdivision design, including, but not
restricted to, disposal of sub - surface water from footing drains of individual lots.
ROAD IMPROVEMENTS: The typical agreement for existing contiguous Hamilton County Roads
which are substandard, with Hamilton County is:
The developer will put in 12 -inch stone base to the required width of the road, and grade the shoulders
to a minimum of 6 feet width and construct proper side - ditches, or, provide storm sewer and curbs.
This will be the black top grade during construction of subdivision. Then the county will come in and cut
our 3 inches and put in 3 inches binder asphalt after which the developer will be responsible for 1 inch
of asphalt topping. This is being done as joint projects between county and developer. An agreement
shall be executed, in writing, between the developer and Hamilton county specifically detailing the exact
work to be accomplished by the developer and that to be accomplished by the County, and shall also
state the road or roads or portions thereof which are included. If the subdivision is contemplated to be
annexed to the City of Carmel, then the agreement shall include the City of Carmel Board of Public
Works as a signatory, which shall be for the purpose of the City of Carmel agreeing to accept the
maintenance and operation, the improved road facility upon completion of said improvements and
completion of annexation.
Developer
Witness
Date
Chapter 9: Plat Certificates, Deed of Dedication
9 -6
as adopted per Z -160; as amended per Z- 486 -06
Spring 2006 vl
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CARMEL 0000075
CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
CHAPTER 9: PLAT CERTIFICATES, DEED OF DEDICATION
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 486 -06
05120002 OA
February 20, 2006
March 22, 2006
9.01; 9.03; 9.04
Spring 2006 vl
Chapter 9: Plat Certificates, Deed of Dedication
9 -7
as adopted per Z -160; as amended per Z- 486 -06
Spring 2006 vl
CARMEL 0000076
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 1: TITLE, PURPOSE, AUTHORITY & JURISDICTION
1.00 Title, Purpose, Authority and Jurisdiction.
1.01 Title.
1.02 Purpose and Intent.
1.03 Authority.
1.04 Jurisdiction.
1.00 Title, Purpose, Authority and Jurisdiction.
1.01 Title.'
This ordinance shall be referred to, and cited as, the Zoning Ordinance, Ordinance No. Z -289, as amended, of
the City of Carmel, Hamilton County, Indiana.
1.02 Purpose and Intent.2
The Zoning Ordinance is an ordinance for the development, through zoning, of the territory within the
Jurisdiction of the Commission. In interpreting and applying the provisions of this ordinance, they shall be held
to be the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience
and general welfare. The Commission has given consideration to the future probable use of land in the territory
affected by this ordinance, and has prepared a Comprehensive Plan showing the future development of this area
which has served as a guide in the preparation of this ordinance.
1.03 Authority.'
The City of Carmel holds the power to zone in order to promote orderly development and to improve the health,
safety, convenience, and welfare of its citizens through the Advisory Planning Law.
1.04 Jurisdiction.'
WHEREAS, the Town Plan Commission of the Town of Carmel, Indiana, under the date of January 28, 1960,
considered a petition requesting joinder, forwarded by the Clay Township Trustee and the Clay Township
Advisory Board, and being favorable to the petition, the Town Plan Commission recommended joinder to the
Town of Carmel, and the Town Board of Trustees subsequently passed a resolution setting forth the terms of the
joinder, one copy of which was filed with the County Recorder of Hamilton County, Indiana, all in accordance
with Chapter 46, Acts of 1959, General Assembly, State of Indiana. Further, said joinder is transferred to the
1 Section 1.01 amended per Ordinance No. Z- 453 -04, §a.
2 Section 1.02 amended per Ordinance No. Z- 453 -04, §b.
3 Section 1.03 amended per Ordinance No. Z- 365 -01.
4 Section 1.04 amended per Ordinance No. Z- 453 -04, §c.
Chapter 1: Title, Purpose, Authority & Jurisdiction
1 -1
as amended per Z- 365 -01; Z- 453 -04
Summer 2004 vt
CARMEL 0000079
CITY OF CARMEL ZONING ORDINANCE
City of Carmel, established January 1, 1976, and
WHEREAS, the executive committee of the City Plan Commission of the City of Carmel, Indiana, having been
duly authorized and acting in the name of said Commission on December 19, 2003, authorized the filing, with
the County Recorder of Hamilton County, Indiana, of a description or map defining the limits of the area under
its jurisdiction, which description or map included both the incorporated area of the City of Carmel, Indiana,
and the unincorporated area of Clay Township, Hamilton County, Indiana, which description or map was filed
with the County Recorder on December 31, 2003, all in accordance with Indiana Code Section 36 -7 -4 -205;
NOW, Therefore, the area of jurisdiction shall be the incorporated area of the City of Carmel, Indiana, and the
unincorporated area of Clay Township, Hamilton County, Indiana.
Chapter 1: Title, Purpose, Authority & Jurisdiction
1 -2
as amended per Z- 365 -01; Z- 453 -04
Summer 2004 v 1
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CARMEL 0000080
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 1: TITLE, PURPOSE, AUTHORITY & JURISDICTION
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 365 -01
76 -01a OA
November 5, 2001
November 27, 2001
1.3
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
1.01; 1.02; 1.04
Summer 2004 v 1
Chapter 1: Title, Purpose, Authority & Jurisdiction
1 -3
as amended per Z- 365 -01; Z- 453 -04
Summer 2004 vl
CARMEL 0000081
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 2: COMPLIANCE WITH THE REGULATIONS
2.00 Compliance with the Regulations.
2.01 Building and Land Use.
2.02 Height.
2.03 Yard, Lot Area, and Size of Building.
2.04 Lots.
2.05 Parking Space and Loading Berths.
2.06 Ownership.
2.07 Mobile Homes.
2.08 Compliance with Current Standards of the City of Carmel.
2.09 Compliance with Thoroughfare Plan.
2.10 Subdivision of Land.
2.00 Compliance with the Regulations.
Except as hereinafter provided:
• 2.01 Building and Land Use.`
No Building or land shall be used and no Building shall be erected, reconstructed or structurally altered
which is arranged, intended, or designed to be used for any purpose other than a Use which is permitted
and specified in a District in which such Building or land is located without first having had an
appropriate Use Variance approved by the Board.
2.02 Height.2
No Building shall be erected, reconstructed or structurally altered to exceed the limits of height
established and specified for the Use and the District in which such Building is located prior to having
had the appropriate Development Standards Variance approved by the Board.
2.03 Yard, Lot Area, and Size of Building.'
No Building shall be erected, reconstructed or structurally altered in any manner which will encroach
upon, or reduce in any manner, the Yards, Lot Area per Dwelling Unit, Ground Floor Area of residential
Building, or Lot Coverage regulations, established and specified for the Use and the District in which
such Building is located prior to having had the appropriate Development Standards Variance(s)
approved by the Board.
1 Section 2.01 amended per Ordinance No. Z- 453 -04, §d.
2 Section 2.02 amended per Ordinance No. Z- 453 -04, §e.
3 Section 2.03 amended per Ordinance No. Z- 453 -04, §f
Chapter 2: Compliance with the Regulations
2 -1
as amended per Z- 369 -02; Z- 453 -04
Summer 2004 v 1
CARMEL 0000083
CITY OF CARMEL ZONING ORDINANCE
2.04 Lots.4
In no case shall there be more than one (1) Principal Building used for residential purposes, and its
Accessory Buildings, located on one (1) Lot. Every Building hereafter erected shall be located on a
platted Lot or on an unplatted Lot or tract as approved by the Director, which abuts upon and has
adequate frontage on a publicly dedicated Street and has adequate storm water drainage; unless the
appropriate Development Standards Variance(s) has been approved by the Board and/or the appropriate
Subdivision Waiver(s) has been approved by the Commission.
2.05 Parking Space and Loading Berths.'
Every Building hereafter erected shall provide Parking Space for Motor Vehicles and Loading Berths as
specified hereinafter for the Use to which such Building is to be devoted.
2.06 Ownership.
Cooperatives, Condominiums and all other forms of property ownership do not affect the provisions of
these regulations and all requirements shall be observed as though the property were under single
ownership.
2.07 Mobile Homes.6
All inhabited Mobile Homes shall be located in a Mobile Home Park that has received Special Use
approval. No inhabited Mobile Home, outside an approved Mobile Home Park, shall be connected to
utilities except those Mobile Homes being offered for sale. Mobile Homes used for all other purposes
shall be placed in accordance with the regulation of this Ordinance.
2.08 Compliance with Current Standards of the City of Carmel.
All Improvements and installations required by this Ordinance shall be in accordance with current
standards of the City of Carmel.
2.09 Compliance with the Thoroughfare Plan.'
All projects and Improvements under the jurisdiction of this Ordinance shall conform with the terms of
the Thoroughfare Plan in regard to public dedication of proper Rights -of -way and in regard to Setback
and any other affected development standards.
4 Section 2.04 amended per Ordinance No. Z- 453 -04, §g.
5 See also Chapter 27: Additional Parking and Loading Regulations.
6 Section 2.07 amended per Ordinance No. Z- 453 -04, §h.
' Section 2.09 amended per Ordinance No. Z- 369 -02, §a.
Chapter 2: Compliance with the Regulations
2 -2
as amended per Z- 369 -02; Z- 453 -04
Summer 2004 v 1
CARMEL 0000084
CITY OF CARMEL ZONING ORDINANCE
2.10 Subdivision of Land.'
The Subdivision of land may occur in accordance with the Subdivision Control Ordinance in all zoning
districts established in Section 4.01.
' Section 2.10 amended per Ordinance No. Z- 453 -04, §i.
Chapter 2: Compliance with the Regulations
2 -3
as amended per Z- 369 -02; Z- 453 -04
Summer 2004 v i
CARMEL 0000085
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 2: COMPLIANCE WITH THE REGULATIONS
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
2.09
Spring 2002 v2
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
2.01; 2.02; 2.03;
2.04; 2.07; 2.10
Summer 2004 v 1
Chapter 2: Compliance with the Regulations
2 -4
as amended per Z- 369 -02; Z- 453 -04
Summer 2004 vl
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CARMEL 0000086
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 3: DEFINITIONS
3.00 Definitions.
3.01 Unitiled.
3.02 Untitled.
3.03 Untitled.
3.04 Untitled.
3.05 Untitled.
3.06 Untitled.
3.07 Definitions.
3.00 Definitions.
The following general rules of construction and definitions shall apply to the regulations of this ordinance:
3.01 The singular number includes the plural and the singular, and the plural the singular, unless the context
clearly indicates the contrary.
3.02 Words used in the present tense include the past and future tenses, and the future present.
3.03 The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word
"should" is a preferred requirement.
3.04 The word "Building" or "Structure" includes any part thereof, and the word "Building" includes the word
"Structure."
3.05 Words not defined herein but defined in the Subdivision Control Ordinance shall be interpreted in
accordance with the Subdivision Control Ordinance definition.'
3.06 Words and terms not defined herein or in the Subdivision Control Ordinance shall be interpreted in accord
with their normal dictionary meaning and customary usage .2
1 Section 3.05 amended per Ordinance No. Z- 453 -04, §j.
2 Section 3.06 amended per Ordinance No. Z- 453 -04, §k.
Chapter 3: Definitions
3 -1
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06 -
Spring 2006 vl
CARMEL 0000088
CITY OF CARMEL ZONING ORDINANCE
3.07 Definitions:3
A
ACCESSORY DWELLING. See DWELLING, ACCESSORY.
ACCESSORY USE. See USE, ACCESSORY.
ADMINISTRATOR. See DIRECTOR.
ADVISORY PLANNING LAW. The Advisory Planning Law of the State of Indiana, as defined in I.C.
36 -7 -4 -101.
AGRICULTURAL BUILDING. See BUILDING, AGRICULTURAL.
AGRICULTURE, GENERAL. The use of land for agricultural purposes, including farming, pasturage,
horticulture, floriculture, viticulture, and the necessary accessory uses for parking, treating or
storing the produce; provided, however, that the operation of any such accessory uses shall be
secondary to the normal agricultural activities. The term agriculture does not include chemical
storage or manufacturing associated with Agriculture.
AIRPORT. A facility with surfaced runways and navigation devices for the takeoff and landing of aircraft
and with or without services available for aircraft.
AIRSTRIP. A grassed area runway without navigation devices for the takeoff and landing of aircraft and
without services available for aircraft.
ALLEY. A permanent public service way providing a secondary means of access to abutting lands.
ALTERATION, MATERIAL. Any change to an approved plan of any type that involves the substitution
of one material, species, element, etc. for another.
ALTERATION, MINOR. 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.
ALTERATION, STRUCTURAL. Any change in the supporting members of a Building such as bearing
walls, partitions, columns, beams, girders, or any substantial change in the exterior walls or the
roof.
ALTERATION, SUBSTANTIAL. 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 or approved materials.
ALTERATION OF REAL ESTATE. Any act by which vegetative cover or soil is removed, or soil is
graded and land changed that may result in erosion or the movement of sediments, or the covering
of land surfaces with impermeable material on areas totaling more than fifteen thousand (15,000)
square feet.
ANIMAL, DOMESTIC. An animal that is tame or domesticated and not normally found in the wild state.
3 Section 3.07 amended per Ordinance No. Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02, §b -g; Z- 389 -02; Z- 415 -03, §a -b, § #; Z- 417 -03, §3;
Z- 419 -03, §a; Z- 453 -04, §l; Z- 461 -04, §a; Z- 471 -05; Z- 486 -06, §g -h.
Chapter 3: Definitions
3 -2
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vi
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CARMEL 0000089
•
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CITY OF CARMEL ZONING ORDINANCE
ANIMAL, EXOTIC. Any wild animal not customarily confined or cultivated by man for domestic or
commercial purposes but rather kept as a pet or for display.
ANIMAL, FARM. Any animal that customarily is raised for profit on farms.
ANTENNA. A Structure or device that is used for the purpose of collecting or transmitting signals,
images, sounds, or information of any nature by wire, radio, visual, or electromagnetic waves,
including but not limited to directional or onmi- directional antennas, panels, and microwave or
satellite dishes. The term does not include an amateur radio station antenna.
ANTENNA, DISH -TYPE RECEIVING (EARTH STATION OR GROUND STATION). A signal
receiving device, the purpose of which is to receive radio communications, television, data
transmission or other signals from a satellite or satellites in earth orbit. Considered a Structure,
thus subject to all ordinances relating to Structures.
ANTENNA, RADIO OR TELEVISION TRANSMISSION. A signal receiving device, the purpose of
which is to receive radio communications or television signal transmissions.
APARTMENT. A dwelling unit, primarily of a rental nature.
AREA, BUILDING. See BUILDING AREA.
AREA, COMMON. Areas within a development that serve either a portion of or the entire development.
(Example common area - signs, lighting, landscaping, maintenance shed, etc.)
AREA, GROSS. Entire area of project or platted area.
AREA, WINDOW. See WINDOW AREA.
ART & MUSIC CENTER. See CENTER, ART & MUSIC.
ART GALLERY. A room or structure in which original works of art or limited editions of original art are
bought, sold, loaned, appraised or exhibited to the general public.
ARTIFICIAL LAKE OR POND. See LAKE OR POND, ARTIFICIAL.
ASSESSED VALUATION. The monetary value placed on a property and/or Building as established by
the assessor with authority over the jurisdiction of this ordinance.
ASSISTED LIVING FACILITY. See FACILITY, ASSISTED LIVING.
ATTACHED DWELLING. See DWELLING, ATTACHED.
AUTOMATED TELLER MACHINE (ATM). A mechanized consumer banking device operated by a
financial institution for the convenience of its customers, whether outside or in an access -
controlled facility.
AUTOMOBILE FILLING STATION. See STATION, AUTOMOBILE FILLING.
AUTOMOBILE OR BOAT SALES: See SALES, AUTOMOBILE OR BOAT.
Chapter 3: Definitions
3 -3
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
CARMEL 0000090
CITY OF CARMEL ZONING ORDINANCE
AUTOMOBILE OR TRUCK REPAIR (INDOOR). See REPAIR (INDOOR), AUTOMOBILE OR
TRUCK.
AUTOMOBILE SERVICE STATION. See STATION, AUTOMOBILE SERVICE.
AWNING, PERMANENT. A permanent shelter supported entirely from the exterior wall of a building
and composed of rigid or non -rigid materials. (See definition of WALL SIGN).
AWNING, TEMORARY. A temporary shelter, erected and in place for less than six (6) months of any
given year, supported entirely from the exterior wall of a building and composed of non -rigid
materials except for the supporting framework. One decorative and non - commercial nature,
clearly incidental and customary and commonly associated with any national, state, local or
religious holiday.
B
BANNER. A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame,
secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
BASEMENT. A story having part, but not less than one -half (' /z), of its height below grade. A basement is
counted as a story for the purposes of height regulation if subdivided, used for dwelling purposes
and/or as walk -out access.
BAY. See BERTH OR BAY, LOADING AND UNLOADING.
BED & BREAKFAST. A private, owner - occupied business with two (2) to ten (10) guest rooms where
overnight accommodations and a morning meal are provided to transients for compensation and
where the bed and breakfast inn is operated primarily as a business.
BERTH OR BAY, LOADING AND UNLOADING. The off - street area required for the receipt or
distribution by vehicles of material or merchandise, which in this Ordinance is held to be a
twelve -foot (12') by forty- five -foot (45') loading space with a fifteen -foot (15') height clearance
and paved with a hard surface in accordance with the current standards of the City of Carmel.
BLOCK. A unit or property bounded by one or more streets and by streets and/or railroad rights -of -way,
waterways or other barriers.
BLOCK FRONTAGE. Property having frontage on one (1) side of a street and lying between the two (2)
nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and
railroad Right -of -way, waterway or other barrier.
BOARD. The Carmel/Clay Advisory Board of Zoning Appeals.
BONA FIDE SERVANTS QUARTERS. Living quarters, which may include kitchen facilities, that are
either attached or detached from the principal residence, used as a residence by persons employed
to provide domestic services to the occupants of the principal residence.
BORROW PIT. An area of land from which earth is removed for use on another site and a permanent or
temporary irregular terrain is created.
Chapter 3: Definitions
3 -4
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06 -
Spring 2006 vl
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CARMEL 0000091
CITY OF CARMEL ZONING ORDINANCE
BRICK YARD. See COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES.
BUFFER, GREENBELT. The area of a development which abuts the perimeter of the development and
which is designed specifically to provide a buffer and visual screen to adjacent land.
BUFFER OR SCREEN, SOLID VISUAL. May include, but not be limited to a minimum five -foot (5')
high solid evergreen hedge; stone, brick or wood fence; earth mounding or other suitable material
or any combination a minimum of five (5) feet in height. If a chain link fence (with or without
screen slats) is used, a minimum of five -foot (5') high solid evergreen hedge shall be provided on
the residential or commercial side of the fence.
BUILD -TO LINE. A line appearing on the development plan, stated as the setback dimension from the
Right -of -way along which a Building facade must be placed.
BUILDING. A Structure having a roof supported by columns or walls, for the shelter, support, enclosure
or protection of persons, animals, chattels, or property. When separated by party walls, each
portion of such a Building shall be considered a separate Structure. See also STRUCTURE. See
also Section 3.04.
BUILDING, ACCESSORY. A Building subordinate to another Structure or Use located on the same Lot
which is not used for permanent human occupancy. An Accessory Building may also include
public utility; 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.
BUILDING, AGRICULTURAL. Any building or structure customarily used in connection with a farm
other than a dwelling.
BUILDING, DETACHED. A Building having no structural connection with another Building.
BUILDING, FRONT LINE OF. The line of the face of the Building nearest the Front Lot Line, not
counting patios, terraces, etc.
BUILDING; MULTI - TENANT, GROUND FLOOR. An office or commercial building, occupied by two
(2) or more businesses in which every business occupies space on the ground floor and every
floor existing above.
BUILDING; MULTI - TENANT, MULTI - LEVEL. An office or commercial building, occupied by two (2)
or more businesses, which cannot be classified as a Multi- tenant, Ground Floor Building.
BUILDING, PRINCIPAL. A Building in which is conducted the main or principal Use of the Lot on
which said Building is situated. Where a substantial part of an Accessory Building is attached to
the Principal Building in a substantial manner, as by a roof, such Accessory Building shall be
counted as a part of the Principal Building.
BUILDING, SINGLE - TENANT . An office or commercial building in which all space is occupied by one
(1) tenant.
BUILDING AREA. The maximum horizontal projected area of the Principal and Accessory Building,
excluding open steps or terraces, unenclosed porches not exceeding one story in height and
architectural appurtenances projecting not more than the amounts specified herein.
Chapter 3: Definitions
3 -5
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vi
CARMEL 0000092
CITY OF CARMEL ZONING ORDINANCE
BUILDING FRONTAGE. See FRONTAGE, BUILDING.
BUILDING HEIGHT. See HEIGHT, BUILDING.
BUILDING SETBACK LINE. (Sometimes called a Building Line.) The line nearest the front of and
across a Lot establishing the minimum open space to be provided between the front line of a
Building or Structure and the Front Lot Line.
BURNING, FREE. A rate of combustion described by a material which burns actively and easily supports
combustion.
BURNING, INTENSE. A rate of combustion described by a material that burns with a high degree of
activity and is consumed rapidly.
BURNING, MODERATE. A rate of combustion described by a material which supports combustion and
is consumed slowly as it burns.
BURNING, SLOW, or INCOMBUSTIBLE. Materials which do not in themselves constitute an active
fuel for the spread of combustion. A material which will not ignite, nor actively support
combustion, during an exposure for five (5) minutes to a temperature of 1200 degrees Fahrenheit.
C
CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two (2) or more camping
parties, including cabins, tents or other camping outfits.
CAMPGROUND. See CAMP, PUBLIC.
CAR WASH. The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or
other light duty equipment.
CARNIVALS, FAIRS, OR CIRCUSES. A traveling or transportable group or aggregation of rides, shows,
games or concessions or any combination thereof.
CATERING ESTABLISHMENT. An establishment providing meals and/or refreshments for public or
private entertainment for a fee.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including
columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and
within the boundary of such cemetery.
CENTER IDENTIFICATION GROUND SIGN. See SIGN, CENTER IDENTIFICATION GROUND.
CENTER, ART & MUSIC. A structure or complex of structures for housing the visual and/or performing
arts.
CENTER; CIVIC, COMMUNITY, or CONVENTION. A place, structure, area, or other facility used for
and providing religious, fraternal, social, and/or recreational programs generally open to the
public and designed to accommodate and serve significant segments of the community.
Chapter 3: Definitions
3 -6
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vi
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CARMEL 0000093
CITY OF CARMEL ZONING ORDINANCE
CENTER, FAMILY or CHILD ADVOCACY. An establishment serving the physical, emotional, spiritual
and legal needs of victims or at -risk individuals.
CENTER, MEDICAL - HEALTH. see CLINIC or MEDICAL- HEALTH CENTER.
CENTER, SURGERY. An establishment that delivers surgical procedures on an outpatient basis and
requiring less than a twenty- four -hour stay.
CENTER, UNIFIED. A grouping of businesses or buildings designed to function as a unit including
converted residential structures with more than one (1) occupant space.
CENTER, URGENT CARE. An establishment that delivers generally non - surgical physician services on
an emergency or immediate basis or without the requirement of an appointment for such services.
CENTERLINE. A line lying midway between the sidelines of a street or alley Right -of -way and/or
pavement.
CERTIFICATE OF OCCUPANCY. A certificate signed by the Director stating that the occupancy and
Use of land or a Building or Structure referred to therein complies with the provisions of this
ordinance.
CHANGEABLE COPY. See COPY, CHANGEABLE.
CHARITABLE INSTITUTIONS. See INSTITUTIONS, RELIGIOUS OR CHARITABLE.
CHILD ADVOCACY CENTER. See CENTER, FAMILY or CHILD ADVOCACY.
CHURCH, TEMPLE, OR PLACE OF WORSHIP. A Building, together with its Accessory Buildings and
property, where persons regularly assemble for religious purposes and related social events and
which Buildings, together with Accessory Buildings and uses, is maintained and controlled by a
religious body organized to sustain religious ceremonies and purposes.
CIRCUS. See CARNIVALS, FAIRS, OR CIRCUSES.
CIVIC, COMMUNITY, or CONVENTION CENTER. See CENTER; CIVIC, COMMUNITY, or
CONVENTION.
CIVIL VIOLATION. See VIOLATION, CIVIL.
CLINIC or MEDICAL- HEALTH CENTER. An establishment where human patients are admitted for
special study and treatment by two or more licensed physicians or dentists, and their professional
associates.
CLUB OR LODGE, PRIVATE. An association organized and operated on a non - profit basis for persons
who are bona fide members paying dues, which association owns or leases premises, the use of
which premises is restricted to such members and their guests, and which manages the affairs of
such association by and through a board of directors, executive committee or similar body chosen
by the members. Food, meals and beverages may be served on such premises, provided adequate
dining room space and kitchen facilities are available. This includes fraternities and sororities.
COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES. A use typical to
the manufacture of brick or block materials for wholesale distribution.
Chapter 3: Definitions
3 -7
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
CARMEL 0000094
CITY OF CARMEL ZONING ORDINANCE
COLISEUM. see STADIUM OR COLISEUM.
COLLEGE OR UNIVERSITY. An Institution accredited at the college level by an agency or association
recognized by the U.S. Secretary of Education and legally authorized to offer at least a one -year
program of study creditable towards a degree.
COMMERCIAL RECREATIONAL ENTERPRISE OR FACILITY. See RECREATIONAL ENTERPRISE
OR FACILITY, COMMERCIAL.
COMMISSION. The Carmel/Clay Advisory Plan Commission.
COMMITMENT. A covenant conceming the use or development of a parcel of real property which is
made in writing by the owner of that parcel, either voluntarily or in accordance with an order or
request of the Commission.
COMMUNITY CENTER. See CENTER; CIVIC, COMMUNITY, or CONVENTION.
CONDOMINIUM. One or more Structures, each Structure having two (2) or more Dwelling Units or
other units for occupancy, wherein provisions have been made for separate ownership of each
individual Dwelling Unit or occupancy unit. A type of ownership.
CONSTRUCTION, COMMENCEMENT OF. The point in time commemorating the breaking of ground
for the construction of a development or Structure.
CONSTRUCTION FACILITY, TEMPORARY. Temporary Buildings or Structures incidental to
construction operations used during construction development.
CONVENIENCE MARKET. see MARKET, CONVENIENCE.
CONVENIENCE STORE (WITH OR WITHOUT GAS SALES). see STORE, CONVENIENCE (WITH
OR WITHOUT GAS SALES).
CONVENTION CENTER. See CENTER; CIVIC, COMMUNITY, or CONVENTION.
COOPERATIVE. A type of ownership characterized by collective ownership of an object by an
organization whose members share in the profits or other benefits of said collective ownership.
COPY. The wording on a sign surface either in permanent or removable letter form.
COPY, CHANGEABLE. Characters, letters or illustrations that can be changed or rearranged non - electrically
or non - electronically without altering the face or surface of the sign.
COPY AREA. The area in square feet of the smallest geometric figure(s) which describes the portion of the
sign which encloses the actual Copy of the sign.
COUNCIL. The Common Council of the City of Carmel, Indiana.
COUNTY. Hamilton County, Indiana.
COUNTRY CLUB. A club with recreation facilities for members, their families and invited guests.
Chapter 3: Definitions
3 -8
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vi
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CARMEL 0000095
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CITY OF CARMEL ZONING ORDINANCE
COURT. see CUL -DE -SAC.
CROSSWAY. A pedestrian mid -block walk located in an easement within the street.
CUL -DE -LOOP. A street that turns into and reconnects with its main axis, with the center or island used
for parking or open space purposes.
CUL -DE -SAC. (Court or Dead End Street). A short street having one end open to a through street and
being permanently terminated by a vehicle turn- around. The length of a cul -de -sac is measured
from the center of the turn- around to the centerline of the first intersecting through street.
D
DATA PROCESSING & ANALYSIS FACILITY. Facility where electronic data is processed by
employees, including, without limitation, data entry, storage, conversion or analysis, subscription
and credit card transaction processing, telephone sales and order collection, mail order and catalog
sales, and mailing list preparation.
DAY (OR DAY CARE) NURSERY. An organized group program for the care of preschool children
away from their own residence for any part of a twenty-four (24) hour day, for compensation or
otherwise.
DECIBEL. A unit of measurement of the intensity or loudness of sound. Sound level meters are used to
measure such intensities and are calibrated in decibels.
DENSITY, GROSS. The total number of Dwelling Units divided by the Gross Area in acres.
DEPARTMENT. The Carmel Department of Community Services.
DEVELOPMENT. Any man -made change to improved or unimproved real estate including but not
limited to:
1. construction, reconstruction, or placement of a building or any addition to a building;
2. installing a Manufactured Home on a site, preparing a site for a Manufactured Home or
installing a Recreational Vehicle on a site for more than one hundred eighty (180) days;
3. installing utilities, erection of walls or fences, construction of roads, or similar projects;
4. construction of flood control structures such as levees, dikes, dams, channel
improvements, etc.;
5. mining, dredging, filling, grading, excavation, or drilling operations;
6. construction and/or reconstruction or bridges or culverts;
7. storage of materials, or;
8. any other activity that might change the direction, height, or velocity of flood or surface
waters.
"Development" does not include activities such as the maintenance of existing buildings and
facilities such as painting, re- roofing; resurfacing roads; or gardening, plowing, and similar
agricultural practices that do not involve filling, grading, excavation, or the construction of
permanent buildings.
Chapter 3: Definitions
3 -9
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
CARMEL 0000096
CITY OF CARMEL ZONING ORDINANCE
DEVELOPMENT REQUIREMENTS. Development standards, plus any additional requirements specified
in this Ordinance which must be satisfied in connection of the approval of a Subdivision or
Development Plan.
DIAMETER AT BREAST HEIGHT (dbh). Diameter of a tree trunk measured at fifty-four (54) inches
above grade.
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.
DIRECTORY SIGN. See SIGN, DIRECTORY.
DISH. That part of the earth station shaped like a saucer or dish.
DISPLAY, OUTDOOR. The temporary showing of materials or products in an unroofed and/or
unenclosed area for a period less than twelve (12) hours.
DISPOSAL FACILITY. A site or plant where solid waste is subject to treatment, storage, recovery,
incineration, grinding, composting, collection or covering by earth.
DISTRICT. The zoning districts established in this ordinance.
DOMESTIC ANIMAL. See ANIMAL, DOMESTIC.
DRAINAGE CONCENTRATION. The diversion of the natural flow of water, directed to a point or an
area, that creates a greater than natural flow at that point or area.
DRIVE, OPEN. All existing internal roads, drives and streets in the Old Meridian/Meijer Zone generally
open for use by the general public and all internal roads, drives and streets in the Old
Meridian/Village Zone approved prior to the enactment of this Ordinance.4
DRIVEWAY. That space or area of a Lot which is specifically designated and reserved for the movement
of motor vehicles within the Lot or from the Lot to a public street.
DRY CLEANING ESTABLISHMENT WITH ON -SITE PLANT. An establishment or business
maintained for the pickup and delivery of dry cleaning and/or laundry with an on -site plant and
the maintenance or operation of any laundry or dry cleaning equipment on the premises.
DRY CLEANING ESTABLISHMENT WITHOUT ON -SITE PLANT. An establishment or business
maintained for the pickup and delivery of dry cleaning and/or laundry without an on -site plant and
without the maintenance or operation of any laundry or dry cleaning equipment on the premises.
DUSTLESS HARD SURFACE. A surface adequately covered in accordance with the current standards of
the City of Carmel and required to be maintained in good condition at all times.
DWELLING. A Building, or portion thereof, used primarily as a place of abode for one or more human
beings, but not including Hotels or Motels, lodging or Boarding Houses or Tourist Homes.
DWELLING UNIT. One or more rooms in a residential Building, or residential portion of a Building,
which are arranged, designed, used or intended for use as a complete, independent living facility
4 Ordinance No. Z -352 effective November 6, 2000.
Chapter 3: Definitions
3 -10
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
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CARMEL 0000097
CITY OF CARMEL ZONING ORDINANCE
for one (1) Family and which includes permanent provisions for living, sleeping, eating, cooking
and sanitation.
DWELLING UNIT SIGN. See SIGN, DWELLING UNIT.
DWELLING, ACCESSORY. A Dwelling that 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 Building but occupied by another. Accessory Dwellings include Apartments
integrated within or attached to a Single - family Dwelling, or located in detached Accessory
Buildings located on the same Lot as the Single - family Dwelling.
DWELLING, ATTACHED. A Townhouse, duplex, triplex, or quadraplex dwellings, developed side by
side for sale as condominiums or fee - simple dwelling 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.
DWELLING, MULTIPLE - FAMILY. A residential Building containing three (3) or more Dwelling Units
and occupied by three (3) or more families. Except as otherwise provided by state statute, a
Group Home shall not be considered a Multiple- Family Dwelling and treated as such under this
Ordinance.
DWELLING, SINGLE- FAMILY. A residential Building containing only one (1) Dwelling Unit and not
occupied by more than one (1) Family. Pursuant to IC 12- 28 -4 -7, a Group Home for the mentally
ill shall be treated as if it were a Single - family Dwelling, unless the Group Home will be located
within three thousand (3,000) feet of another Group Home for the mentally ill, as measured
between lot lines. Pursuant to IC 12- 28 -4 -8, a Group Home for not more than ten (10)
developmentally disabled individuals which is established under a program authorized by IC 12-
11-1.1-1(e)(1) or IC 12- 11- 1.1- 1(e)(2) shall be treated as if it were a Single - family Dwelling.
DWELLING, TWO - FAMILY. A residential Building containing two (2) Dwelling Units and not occupied
by more than two (2) Families.
E
EQUIPMENT SALES & REPAIR. The use of land, buildings or structures for the sale, storage or repair
of equipment and machinery, which may include but is not limited to farm implement sales and
repair and small engine sales and repair.
ESTABLISH. In reference to signs, this term shall mean attach, alter, construct, paint, or move.
EVENT, SPECIAL. See SPECIAL EVENT, OUTDOOR.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. See MANUFACTURED HOME
PARK OR SUBDIVISION, EXISTING.
EXOTIC ANIMAL. See ANIMAL, EXOTIC.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. See
MANUFACTURED HOME PARK OR SUBDIVISION, EXPANSION TO AN EXISTING.
Chapter 3: Definitions
3 -11
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
CARMEL 0000098
CITY OF CARMEL ZONING ORDINANCE
F
FACADE. A Building face or wall.
FACILITY, ASSISTED LIVING. Housing wherein limited health care is provided for the aged.
FACILITY, HEALTH AND FITNESS. A place to exercise although not necessarily under the supervision
of a physical therapist, occupational therapist, exercise physiologist, or other similar health care
provider.
FACILITY, OCCUPATIONAL THERAPY. A place where therapy in which the principal element is
some form of productive or creative activity is provided.
FACILITY, PHYSICAL THERAPY. A place where treatment of disease and injury by mechanical means
such as exercise, heat, light, and massage is provided.
FACILITY, REHABILITATION. A place used to assist humans to achieve or to restore good health or
useful life through therapy, treatment and education.
FAIR. See CARNIVALS, FAIRS, OR CIRCUSES.
FAMILY. One or more persons living as a single housekeeping unit, as distinguished from a group
occupying a hotel, club, nursing home, fraternity or sorority house, or Group Home.
FAMILY ADVOCACY CENTER. see CENTER, FAMILY or CHILD ADVOCACY.
FARM. A tract of land comprising an area of at least five (5) acres which is devoted to agricultural
operations, such as forestry; the growing of crops; pasturage; the production of livestock and
poultry; the growing of trees, shrubs and plants; and other recognized agricultural pursuits and
including Accessory Buildings essential to the operation of the farm. Accessory Buildings may
include barns; equipment and animal sheds; farm residences for the owner, operator or farm
assistants; roadside sales Structure for the sale of products of the farm, not including industrial or
commercial operations or Structures or feedlots.
FARM ANIMAL. See ANIMAL, FARM
FARM, HORSE. A building or structure and/or land whose operator keeps equines primarily for breeding
and boarding and which operation may or may not be incidental to the owner's primary
occupation. A horse farm includes related equestrian trails and equestrian schools.
FBFM. Flood Boundary and Floodway Map.
FEED STORE. An establishment engaged in the retail sale of supplies directly related to the day -to -day
activities of agricultural production.
FEEDLOT. Any area, enclosed or unenclosed, used for the concentrated feeding of livestock, other than
grazing.
FEMA. Federal Emergency Management Agency.
Chapter 3: Definitions
3 -12
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
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CITY OF CARMEL ZONING ORDINANCE
FENCE. A freestanding device made of metal, masonry, composition or wood, or any combination
thereof, resting on or partially buried in the ground, rising above ground level and used for
confinement, screening protection or partition purposes.
FENCE, STOCKADE. A fence constructed of vertical wood strips, with no intervening spaces, providing
a complete visual barrier.
FHBM. Flood Hazard Boundary Map.
FINANCIAL INSTITUTION. See INSTITUTION, FINANCIAL.
FIREWORKS, LEGAL. Legal fireworks shall refer to that term as defined by Indiana Code 22- 11 -14 -8.
FIRM. Flood Insurance Rate Map.
FISCAL OFFICER. See OFFICER, FISCAL.
FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will
give off a flammable vapor which will burn momentarily using the closed cup method.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas
from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any
source.
FLOOD (OR FLOOD WATER). The water of any river or stream which is above the banks and/or outside
the channel and banks of such river or stream.
FLOOD, REGULATORY. Means the flood having a one percent (1 %) probability of being equaled to or
exceeded in any given year, as calculated by a method and procedure which is acceptable to and
approved by the Indiana Natural Resource Commission and the Federal Emergency Management
Agency. The regulatory flood elevation at any location is as defined in Section 22.04 of this
ordinance. The "Regulatory Flood" is also known by the term "Base Flood."
FLOOD FRINGE. The portions of the flood hazard area lying outside the floodway. The flood fringe
(FF) district contains the above area.
FLOOD HAZARD AREA, SPECIAL. See SFHA or SPECIAL FLOOD HAZARD AREA.
FLOOD PROFILE, REGULATORY. A longitudinal profile along the thread of a river or stream showing
the maximum water surface attained by the regulatory flood.
FLOOD PROTECTION GRADE (FPG). The elevation of the regulatory flood plus two (2) feet at any
given location in the SFHA.
FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake, or watercourse which have
been and hereafter may be covered by the Regulatory Flood. The floodplain includes both the
Floodway and the Floodway Fringe districts.
FLOODWAY. The channel of a river or a stream and those portions of the Floodplains adjoining the
channel which are reasonably required to efficiently carry and discharge the peak flood flow of
the Regulatory Flood of any river or stream.
Chapter 3: Definitions
3 -13
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
CARMEL 0000100
CITY OF CARMEL ZONING ORDINANCE
FLOODWAY, COMMISSION. The channel of a river or stream and those portions of the flood plain
adjoining the channel that are required to carry and discharge flood waters of said river or stream,
including but not limited to flood flows associated with the regulatory flood, as established by the
Indiana Natural Resources Commission.
FLOODWAY FRINGE. Those portions of the Floodplain lying outside the Floodway.
FLOOR, GROUND. The first level of a Building that provides outside access by a door.
FLOOR, LOWEST. Means the lowest floor of the following:
1. the top of the basement floor;
2. the top of the garage floor, if the garage is the lowest level of the building;
3. the top of the first floor of buildings elevated on pilings or constructed on a crawl space
with permanent openings, or;
4. the top of the floor level of any enclosure below an elevated building where the walls of
the enclosure provided any resistance to the flow of flood waters unless:
a. the walls are designed to automatically equalize the hydrostatic flood forces on
the walls by allowing for the entry and exit of flood waters, by providing a
minimum of two (2) openings (in addition to doorways and windows) having a
total area of one (1) square inch for every one (1) square foot of enclosed area
subject to flooding. The bottom of all such openings shall be no higher than one
(1) foot above grade.
b. such enclosed space shall be usable for the parking of vehicles and building
access.
FLOOR AREA, GROSS. The sum of the total horizontal areas of the several floors of all Buildings on a
Lot, measured from the interior faces of exterior walls. The term Gross Floor Area shall include
basement, elevator shafts and stairwells of each story, floor space used for mechanical equipment
with structural headroom of six (6) feet six (6) inches or more, penthouses, attic space (whether or
not a floor has actually been laid providing headroom of six (6) feet six (6) inches or more),
interior balconies, and mezzanines.
FLOOR AREA, GROUND. The square foot area of a Building within its largest outside dimensions
computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways,
terraces, garages, and exterior stairway.
FLOOR AREA, NET. The sum of the total horizontal areas of the several floors of all Buildings on a Lot,
measured from the interior faces of exterior walls and from the center line of walls separating two
(2) or more Buildings. The term Net Floor Area shall include outdoor display areas for the sale,
rental and display of recreational vehicles, boats and boating equipment; trailers; horticultural
items, farm or garden equipment and other similar products; but shall exclude areas designed for
permanent Uses such as toilets, utility closets, malls enclosed or not, truck tunnels, enclosed
parking areas, meters, rooftop mechanical Structures, mechanical and equipment rooms, public
and fire corridors, stairwells, elevators, escalators, and areas under a sloping ceiling where the
headroom in fifty percent (50 %) of such area is less than six (6) feet six (6) inches.
FLOOR AREA RATIO (FAR). A figure expressing the total Gross Floor Area as a multiple of the area of
a Lot or parcel. This figure is determined by dividing the Gross Floor Area of all Buildings
including basements, but not covered parking on a Lot or parcel, by the area of that Lot or parcel.
Chapter 3: Definitions
3 -14
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06 -
Spring 2006 vl
•
•
CARMEL 0000101
•
CITY OF CARMEL ZONING ORDINANCE
FOOD STAND. A structure used for the display and retail sale of food products with no space for
customers within the structure itself.
FOOTCANDLE. A unit of illumination. It is equivalent to the illumination at all points which are one (1)
foot distant from a uniform source of one (1) candlepower.
FRATERNITY. See CLUB OR LODGE, PRIVATE.
FREEWAY. State Road 431, U.S. Hwy. 421, U.S. Hwy. 31 and Interstate 465.
FRONTAGE. Generally, the distance of the Front Lot Line of a Lot abutting a Street. When a particular
development standard requires that Buildings occupy a certain minimum percentage of the
Frontage, the Frontage shall be the distance of the Front Lot Line reduced by physical, legal and
other characteristics of the Lot located in or impacting the Front Yard in a manner that limits of
prevents the construction of Buildings on the Lot which Buildings could, except for such
characteristics, be oriented to the Build -to Line. Examples include, without limitation, retention
and detention ponds, rights -of -way, permitted parking areas, and utility easements.
FRONTAGE, BUILDING. The linear length of the primary frontage of the building or segment thereof facing
the street on which the sign shall be established. (Applies to Ground Floor only).
FRONTAGE, PROPERTY. The length of property line of any one premises parallel to and along one (1)
public and/or one (1) private street.
FUNERAL HOME OR MORTUARY. An establishment providing services such as preparing the human
dead for burial and arranging and managing funeral, and may include limited caretaker facilities.
This may also include crematoriums.
FURNACE, BLAST. See COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST
FURNACES.
G
GALLERY, ART. See ART GALLERY.
GARAGE, PRIVATE. An Accessory Building or portion of the Principal residential Building, commonly
used for the shelter and storage of vehicles.
GARAGE, PUBLIC. Any Building, except those defined herein as a Private Garage, used for the storage
or care of motor vehicles or where such vehicles are equipped for operation, repaired or kept for
remuneration, hire or sale. -
GENERAL AGRICULTURE. See AGRICULTURE, GENERAL.
GENERAL OFFICE. See OFFICE, GENERAL.
GENERAL PERSONAL SERVICES. See PERSONAL SERVICES, GENERAL.
GENERAL RETAIL SALES. See SALES, GENERAL RETAIL.
Chapter 3: Definitions
3 -15
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06 -
Spring 2006 vl
CARMEL 0000102
CITY OF CARMEL ZONING ORDINANCE
GOLF COURSE. A tract of land laid out with at least nine holes for playing a game of golf and improved
with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as
accessory uses.
GRACE PERIOD. Extension of time granted for correction, termination, or cessation of a Civil Violation
of the Zoning Ordinance.
GRAIN ELEVATOR. A building for elevating, storing, discharging, and sometimes processing grain.
GREENBELT. That portion of the Front Yard of the Lot which is immediately adjacent and parallel to the
Right -of -way of State Highway 431, U.S. Highway 31 or U.S. Highway 421, located within an
Overlay Zone District Boundary and having a minimum depth of thirty (30) feet.
GREENBELT BUFFER. See BUFFER, GREENBELT.
GREENHOUSE. A Structure for the propagation of plant materials and for sale of same.
GREENHOUSE, COMMERCIAL. A Building used for the growing of plants, all or part of which are sold
at retail or wholesale. This includes plant growing operations.
GROSS DENSITY. See DENSITY. GROSS.
GROUND SIGN. See SIGN, GROUND.
GUEST HOUSE. See HOUSE, GUEST.
H
HABITATION /OCCUPANCY. The act, state or condition of being or becoming a tenant or of living in or
taking up quarters or space in a Structure or on a land area.
HEALTH AND FITNESS FACILITY. See FACILITY, HEALTH AND FITNESS.
HEARTH, OPEN. See COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST
FURNACES.
HEAVY INDUSTRIAL. See INDUSTRIAL, HEA VY.
HEAVY MANUFACTURING. See MANUFACTURING, HEA VY.
HEIGHT OF GROUND SIGN. See SIGN, HEIGHT OF GROUND.
HEIGHT, BUILDING. The vertical distance from the lot ground level to the highest point of the roof for a
flat roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for
gable, hip and gambrel roofs.
HELICOPTER PAD. A level surface designed to accommodate the landing and taking off of helicopters.
HELIPORT. A facility or land area with navigation devices for the takeoff and landing of helicopters with
or without services available for aircraft.
Chapter 3: Definitions
3 -16
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
•
•
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CARMEL 0000103
CITY OF CARMEL ZONING ORDINANCE
HISTORIC SITE. A location set aside for no other purpose than to commemorate a historical event,
activity, or person.
HOLIDAY SIGN. See SIGN, HOLIDAY.
HOME, GROUP. Any of the following:
1. a residential Structure (licensed under IC 12 -17.4) in which care is provided on a twenty-
four (24) hour basis for not more than ten (10) children; or
2. a facility (licensed under IC 12 -28 -4) that provides residential services for
developmentally disabled individuals in a program described in IC 12- 11- 1.1- 1(e)(1) or
IC 12- 11- 1.1- 1(e)(2); or
3. a facility (licensed under IC 12 -28-4) that provides residential services for mentally ill
individuals in a program described in IC 12- 22 -2 -3.
HOME, MANUFACTURED. IC 36 -7 -4 -1106 established a definition of a Manufactured Home to be a
Dwelling Unit designed and built in a factory containing a seal certifying that the home was built
in compliance with Federal Manufactured Housing Construction and Safety Standards Law (42
U.S.C. 5401 et seq.) and applies to such homes that were built after January 1, 1981.
Manufactured Homes which exceed nine hundred fifty (950) square feet may not be totally
precluded by ordinance from being located in various areas zoned for housing.
HOME, MOBILE. (See "Mobile Home ").
HOME, MODEL. A finished, residential unit, including units in a multi - family structure and mobile
homes for which a certificate of occupancy could be obtained, located in a residentially zoned
district but utilized as an example of a product offered for sale to purchasers (by a realtor, builder,
developer, or contractor). The dwelling house may be furnished but not occupied as a residence
while being used as a Model Home.
HOME, TOURIST. A Building in which one (1) but not more than five (5) guest rooms are used to
provide or offer overnight accommodations to transient guests for compensation.
HOME OCCUPATION. An Accessory Use conducted in a Single -, Two- or Multiple - family Dwelling
which is clearly incidental and secondary to the Use of the Dwelling for dwelling purposes. (see
also Section 25.18)
HORSE FARM. See FARM, HORSE.
HOSPICE. An establishment that provides palliative care and attends to the emotional and spiritual needs
of terminally ill patients.
HOSPITAL. An establishment for humans providing physical or mental health services, in- patient or
overnight accommodations, and medical or surgical care of the sick or injured. Hospital includes
sanitariums.
HOSPITAL, VETERINARY, WITH KENNEL. A facility for the practice of veterinary medicine with
provisions for the boarding of animals.
HOSPITAL, VETERINARY, WITHOUT KENNEL. A facility for the practice of veterinary medicine
without provisions for the boarding of animals.
Chapter 3: Definitions
3 -17
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vi
CARMEL 0000104
CITY OF CARMEL ZONING ORDINANCE
HOTEL. Any Building or group of Buildings containing five (5) or more rooms without direct entrance to
or from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee,
often with a common kitchen and dining room facilities provided within the Building or an
Accessory Building, and which caters to the traveling public.
HOTEL, FULL SERVICE. A commercial Building or Buildings with guest rooms for sleeping, a common
kitchen, and a full service dining room to provide meals for paying guests, a twenty-four (24) hour
reception desk, a lobby, and conference rooms with a minimum of forty (40) square feet of
conference room per guest room. The rooms shall be primarily designed for and occupied by
transients renting them on a daily basis and usually staying less than seven (7) days. Recreational
amenities shall be included within the hotel, or within three hundred (300) feet (walking distance)
of the hotel.
HOUSE, BOARDING. A Building not open to transients, where lodging and/or meals are provided for
three (3) or more, but not over thirty (30), persons regularly; a lodging house.
HOUSE, GUEST. Living quarters within a detached accessory building located on the same premises with
the main residence building for use by temporary guests of the occupants of the main residence
building, and not rented or otherwise used as a separate Dwelling.
HOUSE PAD ELEVATION. The lowest outside finished ground elevation necessary to meet the
minimum drainage requirements for the Ground Floor of a Structure.
I
IDENTIFICATION SIGN. See SIGN, IDENTIFICATION.
ILLUMINATION. Artificial light which shall not be blinking, fluctuating, or moving. Light rays shall
shine only upon the property within the premises and shall not spill over the property lines in any
direction in excess of development standards of the Ordinance.
IMPACT FEE STATUTE. The following provisions to the Indiana Code, as amended: IC 36 -7 -4 -1300
through IC 36 -7 -4 -1342.
IMPROVEMENT. Any change in Use, any major exterior remodeling of a Structure or grounds, any
addition to a Structure or parking area, or any interior remodeling of over thirty percent (30 %) of
the gross square footage of a Structure.
IMPROVEMENT, SUBSTANTIAL. Any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds fifty percent (50 %) of the market value of the
structure before the "start of construction" of the improvement. This term includes structures that
have incurred "substantial damage" regardless of the actual repair work performed. The term
does not include improvements of structures to correct existing violations of state or local health,
sanitary, or safety code requirements of any alterations of a "historic structure," provided that the
alteration will not preclude the structure's continued designation as a "historic structure."
IMPROVEMENT LOCATION PERMIT. A permit signed by the Director stating that a proposed
improvement complies with the provisions of this ordinance and such other ordinances as may be
applicable. For the purposes of the Impact Fee Statute, and Improvement Location Permit (issued
under the Carmel/Clay Zoning Ordinance) shall be considered a "structural building permit."
Chapter 3: Definitions
3 -18
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
•
CARMEL 0000105
CITY OF CARMEL ZONING ORDINANCE
INCOMBUSTIBLE. See BURNING, SLOW, or INCOMBUSTIBLE.
INDOOR STORAGE. See STORAGE, INDOOR.
INDUSTRIAL, HEAVY. An industrial Use which requires both Building and open Area for
manufacturing, fabricating, processing, repairing, dismantling, storage or disposal of raw
materials, manufactured products or wastes which is not injurious to health or safety of humans or
animals, or injurious to vegetation and which is not noxious or offensive by reason of the
emission of smoke, dust, gas, fumes, odors, or vibrations beyond the limits established herein.
INDUSTRIAL, LIGHT. An industrial Use which creates a minimum amount of nuisance outside the plant,
is conducted entirely within enclosed Buildings, does not use the open area around such Buildings
for storage of raw materials or manufactured products or for any other industrial purpose other
than transporting goods between Buildings, provides for enclosed loading and unloading berths
and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors,
noises or vibrations beyond the limits established herein. This may include a machine shop, sign
shop, welding shop, sheet metal shop, specialized contractor shop, or exterminating shop.
INFRASTRUCTURE, PARKS AND RECREATION. The capital improvements that comprise the parks
and other recreational facilities that are:
i) are owned or leased by the Parks Board and/or the City of Carmel solely for a public
purpose, and
ii) are included in the 2005- 2010Zone Improvement Plan.
Parks and Recreation Infrastructure includes the site improvements and interests in real property
needed for such parks and other recreational facilities.
INSTITUTION. A non - profit organization established for public, charitable, educational or religious
purposes such as church, college or university, hospital or school.
INSTITUTION, FINANCIAL. Any Building wherein the primary occupation is concerned with such
Federal- or State - regulated businesses as banking, savings and loans, loan companies and
investment companies.
INSTITUTION, PENAL OR CORRECTIONAL. The use of land for the confinement or safe custody of
persons so confined as the result of legal process and includes attendance centers established for
persons sentenced to serve periods of community service.
INSTITUTION, RELIGIOUS OR CHARITABLE. Non -profit organizations that are supported primarily
by charity and whose principal function is the performance of charitable works or religious
activities. This definition shall include but not limited to churches, mosques, synagogues, or other
religious institutions. Not included in this definition are social organizations or clubs.
INSTITUTIONAL SIGN. See SIGN, INSTITUTIONAL.
INTEGRAL SIGN. See SIGN, INTEGRAL.
J
JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction
or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted,
Chapter 3: Definitions
3 -19
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vi
CARMEL 0000106
CITY OF CARMEL ZONING ORDINANCE
including, but not limited to used or salvaged base metal or metals, their compounds or
combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and
similar property, except animal matter; and used motor vehicles, machinery or equipment which is
used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
JURISDICTION OF THE COMMISSION AND THE BOARD. The City of Carmel, Indiana and the
unincorporated territory of Clay Township, Hamilton County, Indiana. The jurisdiction of the
Board is identical.
K
KENNEL, COMMERCIAL. Any Lot on which four (4) or more dogs, or small animals, at least four
months of age are kept.
KENNEL, RESIDENTIAL. Any Lot on which three (3) or less dogs, or small animals, at least four
months of age are kept.
KILN. See COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES.
KINDERGARTEN (PRE- SCHOOL). A school for children primarily between the ages of three and five,
providing preparation for elementary school.
L
LABORATORY, MEDICAL. A place for gathering, sampling, handling, processing, observing, and
testing human tissue, blood, and other similar items.
LAKE OR POND, ARTIFICIAL. A manmade body of water of one thousand (1000) square feet or greater
in area.
LAKE OR POND, ARTIFICIAL, NON - PLATTED. A body of water created artificially that is either fed
or not fed by a watercourse that is not a part of a plat.
LAND DISTURBANCE PERMIT. See PERMIT, LAND DISTURBANCE.
LANDSCAPE. To make a plot of ground more attractive by adding plantings other than grass and which may
include Mounding per this Ordinance.
LANDSCAPED GREEN AREA. An area which includes live plantings other than grass. The size of
planting at the time of installation shall be not less than a minimum of eighteen (18) inches width
and height for shrubs, a minimum of four to five (4 - 5) feet in height for evergreen conifer trees
and a minimum of six to eight (6 - 8) feet in height for shade trees.
LANDSCAPING. The improvement of a Lot with grass and mounding, shrubs, trees, other vegetation
and/or ornamental objects. Landscaping may include pedestrian walks, flowerbeds, retention
ponds, ornamental objects such as fountains, statues and other similar natural or artificial objects
designed and arranged to produce an aesthetically pleasing effect.
LEGAL NON - CONFORMING SIGN. See SIGN, LEGAL NON - CONFORMING.
Chapter 3: Definitions
3 -20
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
•
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CARMEL 0000107
CITY OF CARMEL ZONING ORDINANCE
LETTER OF MAP AMENDMENT (LOMA). An amendment to the currently effective FEMA map that
establishes that a property is not located in a Special Flood Hazard Area (SFHA). A LOMA is
only issued by FEMA.
LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is
issued by FEMA and changes flood zones, delineations, and elevations.
LIBRARY. A public facility for the use, but not sale, of literary, musical, artistic, or reference materials.
LIGHT INDUSTRIAL. See INDUSTRIAL, LIGHT.
LIGHT MANUFACTURING. See MANUFACTURING, LIGHT.
LIVESTOCK. Animals and especially farm animals, raised for use, profit or enjoyment including horses,
ponies, cattle, sheep, goats and other similar domesticated animals.
LODGE. See CLUB OR LODGE, PRIVATE.
LOGO. The official emblem or insignia of an organization, corporation or institution.
LOT. A portion of a Subdivision or other parcel of land intended as a unit for transfer of ownership or
development and having its principal frontage on a street.
LOT, CORNER. A Lot at the junction of, and having frontage on, two or more intersecting streets.
LOT, DEPTH OF. The mean horizontal distance between the Front Lot Line and the Rear Lot Line,
measured in the general direction of the Side Lot Lines.
LOT, DOUBLE FRONTAGE. A Lot fronting on two (2) non - intersecting streets.
LOT, IMPROVED. A Lot fronting on an improved or partial street that is open for public Use.
LOT, INTERIOR. A Lot other than a Corner Lot or Through Lot.
LOT, REVERSED INTERIOR. A Lot, other than a Corner Lot, which has frontage on a street
perpendicular to, or at an angle with, the frontage street of the adjacent Lots.
LOT, THROUGH. A Lot having frontage on two (2) parallel or approximately parallel streets.
LOT COVERAGE. The percentage of the lot area covered by the Building Area.
LOT COVERAGE, MAXIMUM. The entire Lot or parcel which can be developed (Buildings, principal
or accessory; storage areas; parking lots and other accessory Uses).
LOT GROUND LEVEL. For Buildings having walls adjoining one (1) street only, the elevation of the
sidewalk or the established grade of the street at the Front Lot Line at the center of the wall
adjoining the street; for Buildings having walls adjoining more than one street, the average of the
elevation of the sidewalk or the established grade at the center of the walls adjoining the streets,
and, for Buildings having no wall adjoining the street, the average level of the ground adjacent to
the exterior walls of the Building. Any wall approximately parallel to and not more than five (5)
feet from a street is to be considered as adjoining the street.
Chapter 3: Definitions
3 -21
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
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LOT LINE, FRONT. In the case of an Interior Lot, a line separating the Lot from the Right -of -way of the
street and, in the case of a Corner Lot, a line separating the narrowest frontage of the Lot from the
street, except in cases where deed restrictions in effect specify another street Right -of -way line as
the Front Lot Line.
LOT LINE, REAR. A lot line which is opposite and most distant from the Front Lot Line and, in the case
of an irregular or triangular- shaped Lot, a line ten (10) feet in length within the Lot, parallel to and
at the maximum distance from the Front Lot Line.
LOT LINE, SIDE. Any Lot boundary line not a Front Lot Line or a Rear Lot Line.
LOT LINE, ZERO. The placement of a Dwelling Unit on an individual Lot in which one or more of the
walls of the Dwelling Unit are at one or more of the lot lines.
LOT OF RECORD. A Lot which has been recorded prior to December 21, 1957.
LOT WIDTH. The dimension of a Lot, measured between Side Lot Lines on the Building Line (or in the
case of a curved Building Line, it is measured tangent to the arc).
LOW NOISE AMPLIFIED (LNA). A signal amplifying device situated within the earth station; the
purpose of which is to magnify the electronic signals received and transfer them through the
coaxial cable to the receiver.
LOWEST FLOOR. See FLOOR, LOWEST.
LUMBER OR BUILDING MATERIALS SALES. See SALES, LUMBER OR BUILDING MATERIALS.
M
MANUFACTURED HOME. A Structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached
to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
Manufactured Homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final grading or the pouring of concrete pads) is completed
before the effective date of this Ordinance.5
MANUFACTURED HOME PARK OR SUBDIVISION, EXPANSION TO AN EXISTING. The
preparation of additional sites by the construction of facilities for servicing the lots on which the
Manufactured Homes are to be affixed (including installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
MANUFACTURED HOME PARK OR SUBDIVISION, NEW. a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the Manufactured Homes
are to be affixed (including at a minimum, the installation of utilities, the construction of streets,
5 Ordinance No. Z -311 effective November 6, 1995.
Chapter 3: Definitions
3 -22
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
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CITY OF CARMEL ZONING ORDINANCE
and either final site grading or the pouring of concrete pads) is completed on or after the effective
date of this Ordinance.6
MANUFACTURED HOUSING SALES. See SALES, MANUFACTURED HOUSING.
MANUFACTURING, HEAVY. The manufacture or compounding process of raw materials. These
activities or processes would necessitate the storage of large volumes of highly flammable, toxic
materials or explosive materials needed for the manufacturing process. These activities may
include disposal of radioactive materials, fertilizer manufacturing, leather curing and tanning,
lime, cement, asphalt, and gypsum refining and manufacturing, petroleum refining and
manufacturing, reclaiming processes involving materials and /or chemicals that are considered
dangerous to the health, safety and welfare of the general public as determined by the State of
Indiana, Board of Health, or the City of Carmel, slaughtering, stock yards, wood preservatives
refining and manufacturing, and the manufacture of flammable liquids or gases.
MANUFACTURING, LIGHT. The manufacture, predominantly from previously prepared materials, of
finished products or parts, including processing, fabrication, assembly, treatment and packaging of
such products, and incidental storage, sales, and distribution of such products, but excluding basic
industrial processing and custom manufacturing. This may include a lithographing establishment.
MARKET, CONVENIENCE: An establishment, not exceeding 5,000 square feet of Gross Floor Area,
serving a limited market area and engaged in retail sales or rental, from the premises, of food,
beverages and other frequently or recurrently needed items for household use, excluding gasoline
sales.
MEDICAL - HEALTH CENTER. See CLINIC or MEDICAL- HEALTH CENTER.
MEDICAL LABORATORY. See LABORATORY, MEDICAL.
MEDICAL OFFICE. See OFFICE, MEDICAL.
MEETING OR PARTY HALL. A building designed for public assembly, containing at least one room
having an area equivalent for four hundred (400) square feet per dwelling unit or 2,400 gross
square feet, whichever is greater.
MINERAL, SOIL, OR GRAVEL EXTRACTION OPERATIONS. Any process used in obtaining, from
the earth, naturally occurring substances.
MOBILE HOME. Any vehicle, including the equipment sold as a part of a vehicle, used as a conveyance
upon streets by either self - propelled or non self- propelled means and which is designed,
constructed, reconstructed or structurally altered in such a manner as will permit the occupancy
thereof as a Dwelling and which is both used and occupied as a Dwelling but having no
foundations other than wheels, jacks, skirting, or other temporary supports.
MOBILE HOME PARK. An area of land upon which two or more Mobile Homes are harbored for the
purpose of being occupied either free of charge or for revenue purposes, including any Building,
Structure, vehicle or enclosure used or intended for use as a part of the equipment of such Mobile
Home Park.
6 Ordinance No. Z -311 effective November 6, 1995.
Chapter 3: Definitions
3 -23
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
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CITY OF CARMEL ZONING ORDINANCE
MOBILE HOME STAND OR PAD. A stationary foundation designed for a Mobile Home providing
support, water supply, waste disposal and electrical convenience.
MODEL HOME. See HOME, MODEL.
MORTUARY. See FUNERAL HOME OR MORTUARY.
MOTEL. Any Building or group of Buildings containing five (5) or more rooms with direct entrance to or
from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee.
MOTOR BUS OR RAILROAD STATION. See STATION, MOTOR BUS OR RAILROAD.
MOTOR VEHICLE. See VEHICLE, MOTOR.
MOUNDING. Slopes with a ratio in excess of 1 (vertical) : 10 (horizontal), 1:10 (10 %) slopes require
approval by the Commission per ADLS review. Approval of mounding must be a part of the
overall site landscaping plan.
MULTI- FAMILY HOUSING COMPLEX. A building(s) for residential purposes with three (3) or more
dwelling units, having common or party walls, on a single lot.
MULTI- TENANT, MULTI -LEVEL BUILDING. See BUILDING, MULTI - TENANT, MULTI - LEVEL.
MULTI - TENANT, GROUND FLOOR BUILDING. See BUILDING, MULTI - TENANT, GROUND
FLOOR.
MULTI - TENANT BUILDING COMPLEX. Two (2) or more buildings designed to function as a unit or
one (1) building with seven (7) or more tenants.
MULTI - TENANT BUILDING COMPLEX DIRECTORY SIGN. See SIGN, MULTI - TENANT
BUILDING COMPLEX DIRECTORY.
MULTIPLE - FAMILY DWELLING. See DWELLING, MULTIPLE- FAMILY.
MUSEUM. An Institution that is established for the purpose of acquiring, conserving, studying,
interpreting, assembling and exhibiting to the public for its instruction or enjoyment, a collection
of artifacts of historical interest.
MUSIC CENTER. See CENTER, ART & MUSIC.
N
NAMEPLATE. A non - electrical wall sign identifying only the name and occupation or profession of the
occupant of the premises on which the sign is located. If any premises include more than one
occupant, refers to all names and occupations or professions as well as the name of the building
and directional information.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. See MANUFACTURED HOME PARK
OR SUBDIVISION, NEW.
NIGHTCLUB. See TAVERN OR NIGHTCLUB.
Chapter 3: Definitions
3 -24
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; 2-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 v1
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NOTICE OF VIOLATION. Written notification of non - compliance in accordance with Chapter 34:
Zoning Violations.
NURSING, RETIREMENT OR CONVALESCENT FACILITY. A home for the aged or infirm in which
three (3) or more persons not of the same immediate Family are housed and provided with food,
and/or care for compensation; but not including hospitals, clinics, or similar Institutions devoted
primarily to the diagnosis and treatment of the sick or injured. Included are limited care
apartments, suites for the elderly, and assisted living and nursing homes.
0
OCCUPANCY. See HABITATION /OCCUPANCY.
OCCUPATIONAL THERAPY FACILITY. see FACILITY, OCCUPATIONAL THERAPY.
OCCUPIED SPACE. The total area of earth horizontally covered by the Structure, excluding accessory
Structures such as, but not limited to garages, patios and porches.
OCTAVE BAND. A term denoting all of the frequencies from one given frequency to a second. In sound
octave bands, the second frequency is usually twice the first one.
OCTAVE BAND FILTER. An electrical device which separates the sounds in each octave band and
presents them to the sound level meter.
OFFICE, GENERAL. A place of business used exclusively for office purposes where no product or
commodity for retail sale is located or sold, including but not limited to sales offices, real estate
offices, financial offices and Professional Offices. May also include data processing and analysis
facilities, insurance offices, office buildings, office spaces, office uses, travel service bureaus,
utility company business offices, and license bureaus.
OFFICE, MEDICAL. An office for health care providers including, without limitation, dentists,
physicians and surgeons.
OFFICE, PROFESSIONAL. The office of a recognized profession maintained for the conduct of that
profession. A profession is a vocation, calling, occupation, or employment requiring training in
the liberal arts or sciences, or combination thereof, requiring advanced study in a specialized field;
any occupation requiring licensing by the State and maintenance of professional standards
applicable to the field.
OFFICE BUILDING. A Building or portion of a Building wherein services are performed involving
predominantly administrative, professional or clerical operations not involving any equipment
other than furniture and document processing and storage facilities.
OFFICER, FISCAL. The fiscal officer, as defined by state law, of the local government unit imposing an
impact fee pursuant to this PRIF Ordinance, namely the Clerk - Treasurer of the City of Carmel.
OLD TOWN CARMEL. For purposes of signage, see Section 25.07, Diagram 3.
OPEN DRIVE. see DRIVE, OPEN.
Chapter 3: Definitions
3 -25
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06 -
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CITY OF CARMEL ZONING ORDINANCE
OPEN SPACE, DESIGNED. Land areas, free of Buildings, carefully designed and specialized in function,
which act as neighborhood focal points, and allow for passive or active recreation Use. Designed
Open Space is not incidental, residual land between Buildings, but land areas which are integrated
into an overall site or neighborhood design, are accessible visually as well as physically, and are
functional for use by people for gathering or play.
OUTDOOR STORAGE. See STORAGE, OUTDOOR.
OVERLAY ZONE. An additional, secondary zoning classification which establishes additional
restrictions on the Use of land. (Example: the Flood Plain Districts.)
OWNERSHIP, TYPE OF. Refers to methods of ownership of any type of Dwelling Unit, or premises,
including individual, corporate, Cooperative or Condominium form of ownership or rental.
P
PARK, PUBLIC. A public space and supporting facilities designed and used for a variety of recreational
activities, a greater part of which take place outside of any Structure.
PARKING, OFF -SITE. Parking spaces which are located within the platted area and within reasonable
proximity to Dwelling Units and supportive Uses (club house, tennis courts, etc.) which they
serve.
PARKING, ON -SITE. Parking spaces which are located outside the garage or carport area and are located
on the individual Driveway.
PARKING AREA, PRIVATE. An area, paved with a hard surface in accordance with the current
standards of the City of Carmel, other than a Street, Place or Alley, designed or used for the
temporary parking of more than four (4) motor vehicles and available for public Use, whether free
or for compensation, or as an accommodation for clients or customers.
PARKING AREA, RESERVE. Parking areas provided by the developer as additional yard space which
need not be paved or used as parking until needed by the related Use.
PARKING LOT, COMMERCIAL. Any area of land used or intended for off - street parking and operated
for remuneration.
PARKING SIGN. See SIGN, PARKING.
PARKING SPACE. An area, unenclosed or enclosed in the main Building or in an Accessory Building,
having a rectangular area of not less than 180 square feet and a minimum width of nine (9) feet
inclusive of driveways, permanently reserved for the temporary storage of one automobile and
connected with a street or alley. In parking structures one half of the area occupied by supporting
columns may be included in determining the width and area of each adjacent parking space and
the minimum height of such space shall be seven (7) feet.
PARKS AND RECREATION INFRASTRUCTURE. See INFRASTRUCTURE, PARKS AND
RECREATION.
Chapter 3: Definitions
3 -26
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
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CITY OF CARMEL ZONING ORDINANCE
PARKS BOARD. The Carmel/Clay Board of Parks and Recreation, which is hereby identified as the
"infrastructure agency" that is responsible for acquiring, constructing, or providing Parks and
Recreation Infrastructure.
PARTICULATE MATTER. Finely divided liquid or solid material which is discharged and carried along
in the air.
PARTY WALL OR COMMON WALL. A single, unpierced masonry wall that completely separates two
(2) separate Dwelling Units.
PAVEMENT WIDTH. See WIDTH, PAVEMENT.
PENAL OR CORRECTIONAL INSTITUTION. See INSTITUTION, PENAL OR CORRECTIONAL.
PERMIT, LAND DISTURBANCE. An Improvement Location Permit (ILP) for activities involving
Alternation of Real Estate that may or may not involve building construction, but shall not be
required for agriculture uses and activities, nor for domestic gardening.
PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit,
as well as a natural person, or persons.
PERSONAL SERVICES, GENERAL. An establishment or place of business primarily engaged in the
provision of frequent or recurrent needed services of a personal nature. Typical uses include, but
are not limited to, beauty and barbershops, shoe repair shops, and tailor shops.
PETITION FOR REVIEW. A petition filed with the Director to initiate an appeal of an impact fee
calculation.
PHASE. Any land area, whether platted or unplatted, Building or Buildings designated by the applicant in
the Final Development Plan application.
PHYSICAL THERAPY FACILITY. See FACILITY, PHYSICAL THERAPY.
PLACE. An open, unoccupied, officially designated space, other than a Street or Alley, permanently
reserved for use as the principal means of access to abutting property.
PLACE OF WORSHIP. See CHURCH, TEMPLE, OR PLACE OF WORSHIP.
PLAN, ARCHITECTURAL. A plan for the construction of any structure designed by a qualified
registered architect.
PLAN, COMPREHENSIVE. A long -range plan for the development of public and private property for
Carmel and Clay Township, including a Land Use Plan, a Thoroughfare Plan, and a Community
Facilities Plan.
PLAN, DEVELOPMENT. A specific plan for the development of real property that is submitted for Plan
Commission approval showing proposed facilities and structures. This plan review includes
general landscaping, parking, drainage, erosion control, signage, lighting, screening and Buildings
information for a site. A development plan may include only parcels that are contiguous and not
separated by the Right -of -way of any highway in the state highway system.
Chapter 3: Definitions
3 -27
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
CARMEL 0000114
CITY OF CARMEL ZONING ORDINANCE
PLAN, ZONE IMPROVEMENT. The zone improvement plan for Parks and Recreation Infrastructure
which was prepared by the Commission in conjunction with the 2020 Vision Comprehensive Plan
of the City of Carmel and Clay Township and approved by the Commission on September 17,
1996, and amended by the Commission on November 21, 2000, and was further reviewed and
amended, such amended version being approved by the Commission on January 18, 2005 (the
"2005 -2010 Zone Improvement Plan "). The 2005 -2010 Zone Improvement Plan is attached
hereto as Exhibit A and made a part hereof.
PLANNED DISTRICT. The R -5, B -4 and M -3 zone districts, which require the submission and approval
of a Development Plan. (See Chapter 24).
PLANNED UNIT DEVELOPMENT DISTRICT. A zoning district for which a PUD District Ordinance is
adopted under Section 31.06.04.
PLANT NURSERY. The growing of plants outside of a structure, intended for wholesale or retail sale.
PLANTING STRIP. A section of land not less than ten (10) feet in width intended to contain plant
materials and for the purpose of creating a visual separation between Uses or activities.
PLAT. A map or chart indicating the Subdivision or replat of land, intended to be filed for record.
POLITICAL CAMPAIGN SIGN. See SIGN, POLITICAL CAMPAIGN.
POND. A body of water either occurring naturally or artificially created and not fed by any watercourse.
See also LAKE OR POND, ARTIFICIAL or LAKE OR POND, ARTIFICIAL, UNPLATTED.
PORCH SIGN. See SIGN, PORCH.
PORTABLE SIGN. See SIGN, PORTABLE.
POST OFFICE. Houses service windows for mailing packages and letters, post office boxes, offices,
vehicle storage areas, and sorting and distribution facilities for mail.
POWER GENERATING PLANT. A complex of structures, machinery, and associated equipment for
generating electric energy from another source of energy, such as nuclear reactions or a
hydroelectric dam.
PRE - SCHOOL. See KINDERGARTEN.
PREMISES. A tract or Lot together with all of the structures in that tract or Lot.
PREMISES IDENTIFICATION. The common street address of a building displayed in numerals.
PRINTING OR PUBLISHING ESTABLISHMENT. A facility for the custom reproduction of written or
graphic materials on a custom order basis for individuals or businesses. Typical processes
include, but are not limited to, photocopying, blueprint, and facsimile sending and receiving, and
including offset printing. This may also include a newspaper publishing or printing plant, and a
photography establishment.
PRIVATE AIRPLANE /HELICOPTER LANDING & /OR SERVICE FACILITY. Any landing area,
runway or other facility designed, used or intended to be used privately by any person or persons
Chapter 3: Definitions
3 -28
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06 -
Spring 2006 vl
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CITY OF CARMEL ZONING ORDINANCE
for the landing or taking off of aircraft and including all necessary taxiways, aircraft storage, tie -
down areas, hangars, and other necessary buildings and open spaces.
PRIVATE RECREATIONAL FACILITY. See RECREATIONAL FACILITY, PRIVATE.
PRIVATE SWIMMING POOL, ETC. A Recreational Facility designed and intended for water contact
activities that serves a Single - family Dwelling(s), Two - family Dwellings and/or Multi- family
Dwellings, or combinations thereof.
PROFESSIONAL OFFICE. See OFFICE, PROFESSIONAL.
PROJECTING SIGN. See SIGN, PROJECTING.
PROPERTY FRONTAGE. See FRONTAGE, PROPERTY.
PUBLIC FACILITY IMPROVEMENTS AND INSTALLATIONS. Those facilities and installations
which are intended to be accepted for maintenance by a governmental authority or public utility.
PUBLIC SERVICE FACILITY. Those facilities and installations which are intended to be accepted for
maintenance by a governmental authority or public utility.
PUBLIC EVENT SIGN. See SIGN, PUBLIC EVENT.
PUBLIC SIGN. See SIGN, PUBLIC.
PUBLIC UTILITY. A business or service, having an appropriate franchise from the state, which is
engaged in regularly supplying the public with some commodity or service which is of public
consequence and need such as electricity, gas, water, transportation or communications.
PUD DISTRICT ORDINANCE. A zoning ordinance that:
1. designates a parcel of real property as a Planned Unit Development District;
2. specifies uses or a range of uses permitted in the Planned Unit Development District;
3. expresses in detailed terms the development requirements that apply in the Planned Unit
Development District;
4. specifies the plan documentation and supporting information that must be supplied
before an Improvement Location Permit may be issued for development or real property
in the Planned Unit Development District;
5. specifies any limitation applicable to the Planned Unit Development District; and
6. meets the requirements of IC 36 -7 -4 -1500 et seq.
Q
R
RADIO & /OR TELEVISION. STUDIO. See STUDIO, RADIO &/OR TELEVISION.
RADIO TRANSMISSION ANTENNA. See ANTENNA, RADIO OR TELEVISION TRANSMISSION.
Chapter 3: Definitions
3 -29
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; 2-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
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CARMEL 0000116
CITY OF CARMEL ZONING ORDINANCE
RAILROAD. All facilities owned and/or operated by a railroad, except switching facilities.
RAISING AND BREEDING OR NON -FARM FOWL AND ANIMALS. As establishment where animals
are impregnated either naturally or by artificial insemination and the principal purpose of which is
to propagate the species.
REAL ESTATE SIGN. See SIGN, REAL ESTATE.
RECREATIONAL DEVELOPMENT OR FACILITY, PRIVATE. Any land area and/or facilities used or
intended for recreational purposes not open to the general public and operated with or without
remuneration charges.
RECREATIONAL FACILITY, COMMERCIAL INDOOR. Any area of land, Buildings and/or facilities
used or intended for indoor recreational purposes and operated for remuneration. This may
include amusement parks and arcades, billiard parlors, bowling alleys, dance halls, shooting
galleries, indoor skating rinks, indoor sports facilities, and indoor tennis and racquetball facilities.
RECREATIONAL FACILITY, COMMERCIAL OUTDOOR. Any area of land, buildings and/or facilities
used or intended for outdoor recreational purposes and operated for remuneration. This may
include outdoor theaters, go cart or race tracks, miniature golf, and water slides.
RECREATIONAL FACILITY, PRIVATE. A private recreational facility for use solely by the residents
and guests of a particular residential development, planned unit development, or residential
neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or
planned in association with development and are usually located within or adjacent to such
development.
RECREATIONAL VEHICLE. See VEHICLE, RECREATIONAL.
REGULATORY FLOOD. See FLOOD, REGULATORY.
REHABILITATION FACILITY. See FACILITY, REHABILITATION.
RELIGIOUS OR CHARITABLE INSTITUTIONS. See INSTITUTIONS, RELIGIOUS OR
CHARITABLE.
REPAIR (INDOOR), AUTOMOBILE OR TRUCK. Any enclosed building, structure, improvements, or
land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar
vehicles including but not limited to body, fender, muffler or upholstery work, oil change and
lubrication, painting, tire service and sales, or installation of CB radios, car alarms, stereo
equipment or cellular telephones.
REPEATED CIVIL ZONING VIOLATION. See VIOLATION, REPEATED CIVIL ZONING.
RESEARCH LABORATORY OR FACILITY. A Building for the accommodation of scientific research
facilities such as electronic, engineering, chemical, medical and similar laboratories and planned
and placed on its site in accordance with harmonious principles of architectural and landscape
architectural design.
RESERVE PARKING AREA. See PARKING AREA, RESERVE.
RESIDENTIAL DISTRICT. The S -1, S -2, R -1, R -2, R -3, R -4 and R -5 zoning district classifications.
Chapter 3: Definitions
3 -30
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
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RESPONSIBLE PARTY. Any person, firm or corporation, who uses property in violation of the Zoning
Ordinance or who knowingly permits another person, firm or corporation to do so.
RESTAURANT. An establishment which is primarily engaged in serving food and beverages which are
consumed on its premises by its customers seated at tables and/or counters either inside or outside
the building thereon, and, as an accessory use thereto, may be engaged in providing customers
with take -out service of food and beverages for off -site consumption. This includes a delicatessen
and a brewery or brew pub.
RESTAURANT WITH DRIVE -THRU AND /OR WALK -UP FOOD SALES. An establishment engaged
primarily in the business of preparing food and purveying it on a self -serve or semi self -serve
basis. Customer orders and/or service may be by means of a walk -up counter or window designed
to accommodate automobile traffic. Consumption may be either on or off the premises.
RESTAURANT, DRIVE -THRU OR DRIVE -IN. An establishment where food and/or beverages are sold
in a form ready for consumption, where all or a significant portion of the consumption takes place
or is designed to take place outside the confines of the restaurant, and where ordering and pickup
of food may take place from an automobile.
RESULTANT DISPLACEMENT. The maximum amount of motion in any direction. It shall be
determined by means of any three component (simultaneous) measuring systems approved by the
Commission.
REVIEW BOARD. The Carmel/Clay Impact Review Board established under Section 29.07.09.
RIDING STABLE. Any stable for the housing of horses which is operated for remuneration, hire, sale, or
stabling; or, any stable with a capacity of more than four (4) horses which is not related to the
ordinary operation of a Farm, whether or not such stable is operated for remuneration, hire, sale or
stabling.
RIGHT -OF -WAY. An area of land permanently dedicated to provide light, air and access.
RINGELMANN NUMBER. The number of the area on the Ringelmann chart that most nearly matches
the light - obscuring capacity of smoke. The Ringelmann chart is described in the U. S. Bureau of
Mines Information Circular 6888. On it are illustrated graduated shades of gray for use in
estimating smoke density. Smoke below the density of Ringelmann No. 1 shall be considered no
smoke or Ringelmann No. O.
ROAD, THROUGH. A drive, road, Street or other motor vehicle path having separate ingress to and
egress from an easement, Greenbelt, Lot, parcel or other similarly established area.
ROADSIDE SALE STAND. A temporary structure used for the sale of goods or produce made or grown
on the same Lot.
ROADWAY WIDTH. see WIDTH, ROADWAY.
ROOF CROWN. Gutter line.
ROOF SIGN. See SIGN, ROOF.
Chapter 3: Definitions
3 -31
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vi
CARMEL 0000118
CITY OF CARMEL ZONING ORDINANCE
S
SALES, AUTOMOBILE OR BOAT. Any land, building, structure, or premises used for the sale or lease
of new or used Motor Vehicles and/or boats. Automobile or Boat Sales may include automobile
or boat repair and service.
SALES, GENERAL RETAIL. Enclosed establishments engaged in selling goods or merchandise to the
general public for personal or household consumption and rendering services incidental to the sale
of such goods.
SALES, LUMBER OR BUILDING MATERIALS. Retailing, wholesaling, or rental of building supplies
or construction equipment within a completely enclosed structure, or within an outdoor area
which is one hundred percent (100 %) fully screened with a solid fence or wall with a minimum
height no less than that of the material being sold or rented. This classification includes
lumberyards, home improvement sales and services, tool and equipment sales or rental
establishments.
SALES, MANUFACTURED HOUSING. Any land, building, structure, or premises used for the sale or
lease of manufactured houses.
SALES, MOBILE HOME OR RECREATIONAL VEHICLE. Any land, building, structure, or premises
used for the sale or lease of mobile homes or recreational vehicles.
SALES, OUTDOOR. The short-term outdoor display of products or merchandise in an unroofed and/or
unenclosed area by a business permanently established on the premise of which the sale is located.
This shall include, but is not limited to grand opening sales, sidewalk sales, food stands, and
specialty sales.
SALES, SEASONAL OUTDOOR. The short-term sale of agricultural products that are seasonal in nature,
including produce, nursery stock, Christmas trees, pumpkins, farmers' markets, and other similar
products as qualified by the Director of Community Services.
SALES, WHOLESALE. An establishment or place of business primarily engaged in selling and/or
distributing merchandise to retailers; to industrial, commercial, institutional, or professional
business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for,
or selling merchandise to, such individuals or companies. This is not considered a general
commercial use. May include uses such as optician/optical supply, or orthopedic /medical
appliance & supply sales.
SANITARY LANDFILL. A solid waste disposal facility which may include an incinerator, grinder,
composting facility or other State Environmental Protection Agency approved facility other than
an open dump or facility for storage of contained liquid or semi -solid waste or gas, including, but
not limited to environmentally harmful chemicals or radioactive materials of any type.
SCHOOL, PRIVATE. Private pre - primary, primary, grade, high or preparatory school or academy.
SCHOOL, TRADE OR BUSINESS. Secretarial or business school or college when not publicly owned or
not owned or conducted by or under the sponsorship of a religious, charitable or non - profit
organization; or, a school conducted as a commercial enterprise for teaching instrumental music,
dancing, barbering or hair dressing, drafting or for teaching industrial or technical arts, or culinary
arts. May also include vocational or industrial training facilities, performing arts studios, art
schools, business /commercial schools, and dancing academies.
Chapter 3: Definitions
3 -32
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vi
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CARMEL 0000119
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CITY OF CARMEL ZONING ORDINANCE
SCHOOL OF GENERAL ELEMENTARY OR SECONDARY EDUCATION. Any public, parochial or
Private school for any grades between first and twelfth that is either accredited by the Indiana
Department of Public Instruction or recognized by and in good standing with the Indiana
Department of Public Instruction for purposes of compulsory education requirements.
SCREEN, SOLID VISUAL. See BUFFER OR SCREEN, SOLID VISUAL.
SELF SERVICE LAUNDRY. A facility where patrons wash, dry, or dry clean clothing or other fabrics in
machines operated by the patron.
SERVANTS QUARTERS. Living quarters within a portion of a main Building, or in an Accessory
Building located on the same Lot with the main Building, used for servants solely employed on
the premises with such quarters not being rented or otherwise used as a separate Dwelling.
SETBACK. The least measured distance between a Structure and the Street Right -of -way or proposed
Right -of -way as identified in the Thoroughfare Plan (whichever is greater), the Side Lot Line or
the Rear Lot Line.
SETBACK LINE, BUILDING. See BUILDING SETBACK LINE.
SEWAGE OR GARBAGE DISPOSAL PLANT, PUBLIC OR COMMERCIAL. A facility either publicly
or privately owned and operated providing treatment for sewage and/or garbage disposal.
SEXUALLY - ORIENTED BUSINESS. An establishment that has as a substantial portion of its stock -in-
trade and offers for sale and/or for viewing, for any form of consideration, any one or more of the
following:
1. books, magazines, periodicals, or other printed matter, or photographs, films, motion
pictures, video cassettes, slides, or other visual representations that are characterized by
an emphasis upon the depiction or description of sexual activities; or
2. instruments, devices, or paraphernalia that are designed for use in connection with sexual
activities.
Also, a nightclub, bar, restaurant, or similar establishment that regularly features live
performances that are characterized by the exposure of less than completely and opaquely covered
human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the
top of the areolae, or human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
SFHA or SPECIAL FLOOD HAZARD AREA. Those lands within the jurisdiction of the City that are
subject to inundation by the Regulatory Flood. The SFHAs of the City are generally identified as
such on the Flood Insurance Rate Map of the City prepared by the Federal Emergency
Management Agency and dated February 19, 2003.
SIGN. Any type of sign as further defined and regulated by the Sign Ordinance for Carmel -Clay
Township, Ordinance Z -302, as amended. Any structure, fixture, placard, announcement,
declaration, device, demonstration or insignia used for direction, information, identification or to
advertise or promote any business, product, goods, activity, services or any interests.
SIGN AREA. The area of a sign shall be calculated by multiplying its maximum vertical dimension by its
maximum horizontal dimension, excluding the structural support. The gross Sign Area of a
Chapter 3: Definitions
3 -33
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
CARMEL 0000120
CITY OF CARMEL ZONING ORDINANCE
Ground Sign or Projecting Sign with back -to -back identical Copy mounted on the same
standard(s) shall be the total area on one (1) side of the sign.
SIGN FACE. The part of the sign area that is intended primarily for or can be utilized for communication
purposes.
SIGN PERMIT. A permit signed by the Director stating that a proposed sign has met with general
provisions of this ordinance.
SIGN STRUCTURE. Any structure which supports, has supported or is capable of supporting a sign,
including decorative cover and planter boxes.
SIGN, CENTER IDENTIFICATION GROUND. Applicable only in a Multi -tenant Building Complex. Copy
is limited to the name and/or address of the Multi- tenant Building Complex plus permitted Changeable
Copy.
SIGN, DIRECTORY. A sign identifying the names and locations of the occupants of a building. A directory
sign may utilize Changeable Copy. For the purpose of this Ordinance a directory sign is not counted
as a Ground Sign even if it is supported from the ground.
SIGN, DWELLING UNIT. A Nameplate with a Sign Area not exceeding one (1) square foot.
SIGN, GROUND. A sign supported by one or more uprights or braces placed in the ground, not attached to
any building or structure. No display or advertising sign shall be attached to the standard of a ground
sign other than the display surface originally constructed as a part of such sign.
SIGN, HEIGHT OF GROUND. The vertical distance measured from the ground level upon which the sign is
Established to the highest point of the Sign Structure.
SIGN, HOLIDAY. Temporary signs or displays of a primarily decorative and non - commercial nature, clearly
incidental and customary and commonly associated with any national, state, local or religious holiday.
SIGN, IDENTIFICATION. A sign which is limited to the name and/or address of a building, institution or
person; to the activity carried on in the building or institution; the occupation of the person; and/or
the logo. A logo, if desired, representing the building, business or institution on a sign in a
unified center is limited to twenty five percent (25 %) of the Sign Area.
SIGN, INSTITUTIONAL. Any given sign setting forth the name of any public, charitable, educational or
religious purposes such as, church, college or university, hospital, school.
SIGN, INTEGRAL. A sign which is limited to the name of the building, the date of erection, a historical
marker and/or a commemorative building tablet such as a cornerstone, when carved into stone,
concrete or similar material or made of bronze, aluminum, or other permanent type construction
and made part of the structure. Integral signs are not intended to be used as a means or promotion,
advertising or identification other than as outlined above.
SIGN, LEGAL NON - CONFORMING. Any given sign which was lawfully established (has received a
sign permit) and maintained prior to such time as it came within or under the terms of this Code,
November 5, 1981 or the prior Sign Code, May 23, 1973 and any amendment thereto, and which
fails to conform to all applicable regulations and restrictions of this Ordinance, or a non-
conforming sign for which a variance has been granted by the Board and for which a sign permit
has been issued. (See also Section 25.07.08).
Chapter 3: Definitions
3 -34
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
•
•
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CARMEL 0000121
•
•
CITY OF CARMEL ZONING ORDINANCE
SIGN, MULTI - TENANT BUILDING COMPLEX DIRECTORY. A directory sign in a multi- tenant
building complex only if approved by the Commission when presented as part of a total sign
package (B-4, B -7, B -8, M -3, and U.S. 31 Overlay Zone). Copy is limited to the names and/or
locations of the buildings in the Multi- tenant Building Complex. Said sign shall have a maximum
Sign Area of twenty (20) square feet and a maximum height of five (5) feet.
SIGN, PARKING. Any sign used to designate parking areas of spaces for public or private use. Signs
identifying parking areas shall be used solely for identification purposes, with only one parking
sign per property frontage, including alleys for the purpose of this definition only, permitted.
Signage used to indicate the reservation of a parking space for a specific person is permitted but,
copy shall be limited to the name or title of the person for whom the space is reserved. (See
Section 25.07.01 -03 Exempted Signs).
SIGN, PERMANENT.
1. A sign that is intended to be erected for more than 1 year, other than a Subdivision
Construction Sign.
2. A sign that in fact has been in place for more than 1 year. In situations where a sign has
been in place for more than 1 year, the property owner is entitled to a single renewal of
the yearly temporary sign permit. Upon expiration of that renewal, the property owner
must submit an application for a permanent sign and must adhere to the ordinances
applied to permanent signs.
SIGN, POLITICAL CAMPAIGN. Any sign having reference to a candidate for elective public office or a
public question or issue to be submitted to the voters at a general, special or primary election.
SIGN, PORCH. A sign attached to a porch or overhang. A maximum sign area of six (6) square feet.
This type of sign shall be permitted only in Old Town Carmel.
SIGN, PORTABLE. A sign not permanently anchored or secured to either a building or the ground.
SIGN, PROJECTING. A sign attached to and supported by a building and which extends out at any angle
therefrom. This type of sign shall be permitted in Old Town Carmel and within the Carmel Drive
— Range Line Road Overlay only and shall be limited to twenty (20) square feet maximum Sign
Area.
SIGN, PUBLIC. Official notices posted by the public officers or employees in the performance of their
duties.
SIGN, PUBLIC EVENT. A temporary sign announcing function of public interest. This does not include
SALE signs.
SIGN, REAL ESTATE. Any sign advertising the sale, rental or lease of the premises or part of the
premises on which the sign is located.
SIGN, ROOF. A sign established and maintained upon the roof of a building which is located between the
roof line and the roof crown. Roof signs are prohibited on residences which been converted to
office, business and/or manufacturing uses.
SIGN, SUSPENDED. A Ground Sign suspended from and installed on an arm or spar attached to one (1)
upright, decorative pole. The pole and arm and/or spar are limited to a maximum 16- square -inch
Chapter 3: Definitions
3 -35
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
CARMEL 0000122
CITY OF CARMEL ZONING ORDINANCE
cross - sectional area. No display or advertising sign shall be attached to the standard of a
suspended sign other than the display surface originally constructed as a part of such sign.
(Twelve (12) square feet maximum sign area). This type of sign shall be permitted only in Old
Town Carmel.
SIGN, TEMPORARY.
1. A Subdivision Construction Sign and a sign that is intended to be erected for a specified
amount of time that is less than 1 year. The duration must be specified in the
application.
2. A sign that in fact is erected for less than a year.
SIGN, TRAFFIC DIRECTIONAL. Sign directing traffic movement onto and/or within a premise, not
exceeding three (3) square feet in sign area for any one (1) sign; and shall not be higher than three
(3) feet above ground level. Standard traffic directional signs, such as STOP and YIELD signs,
shall comply with the "Uniform Manual for Traffic Control Devises."
SIGN, VEHICLE. A sign on a vehicle of any kind, provided the sign is painted or attached directly to the
body of the original vehicle and does not project or extend beyond two (2) inches from the
original manufactured body proper of the vehicle. The vehicle to which the sign is attached shall
be in proper working order and shall bear a current license plate and shall not be permanently
parked on a public street or street right -of -way. See also Section 25.07.01- 04(0.
SIGN, WALL. A sign established on the wall of a building with the face in a parallel plane to the plane of
the building wall, and which projects from the surface less than twelve (12) inches at all points.
Said sign shall not extend beyond the edges of the wall upon which it is mounted nor above the
roofline. Permanent Awnings attached to the building shall be considered a part of the structure,
and signs established on Permanent Awnings shall be considered wall signs.
SIGN, WINDOW. Any building sign, picture, symbol or combination thereof, designed to communicate
information about an activity, business, commodity, event, sale or service, that is:
a) placed
i) inside of and within two (2) feet of a window; or
ii) upon the window panes or glass; and
b) visible from the exterior of the window.
SINGLE - FAMILY DWELLING. See DWELLING, SINGLE- FAMILY.
SINGLE - TENANT BUILDING. See BUILDING, SINGLE - TENANT.
SMOKE. Small gas -borne particles resulting from incomplete combustion consisting predominantly of
carbon and other incombustible material, but excluding metallurgical fume and dust, and present
in sufficient quantity to be observable independently of the presence of other solids.
SMOKE UNIT. The number obtained when the smoke density in Ringelmann number is multiplied by the
time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading
shall be made at least once a minute during the period of observation. Each reading is then
multiplied by the time in minutes during which it is observed. The various products are then
added together to give the total number of smoke units observed during the entire observation
period.
Chapter 3: Definitions
3 -36
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
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CARMEL 0000123
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CITY OF CARMEL ZONING ORDINANCE
SOIL MAP. A National Cooperative Soil Survey prepared by U.S.D.A. Soil Conservation Service in
cooperation with Purdue Experiment Station and the Hamilton County Soil and Water
Conservation District, showing soil types and composition of their locations.
SORORITY. See CLUB OR LODGE, PRIVATE.
SORORITY, FRATERNITY, OR STUDENT COOPERATIVE. A Building providing sleeping and living
accommodations for a number of usually unrelated persons and usually associated with an
educational Institution.
SPECIAL EVENT, OUTDOOR. Short-term cultural, community and entertainment events that take place
outdoors shall be considered special events, including but not limited to fund- raising activities by
not - for - profit organizations, car washes, walks, runs and bike events, concerts, or festivals.
SPECIAL EXCEPTION. Permission for a conditional use of land which is granted because certain
conditions will be met. The ordinance specifies what these Uses may be. (See Chapter 21).
SPECIAL FLOOD HAZARD AREA. See SFHA or SPECIAL FLOOD HAZARD AREA.
STADIUM OR COLISEUM. An amphitheater, large theater or other such facility used for public
meetings, sports, exhibitions, etc.
STATION, AUTOMOBILE FILLING. Any place of business, with pumps and underground storage tanks,
having as its purpose the selling of motor vehicle fuels and lubricants at retail.
STATION, AUTOMOBILE SERVICE. Any place of business with or without pumps and underground
storage tanks having as its purpose the retail servicing of Motor Vehicles with fuels and
lubricants, including minor repairs and inspections incidental thereto but not including a general
repair shop, paint or body shop, machine shop, vulcanizing shop or any operation requiring the
removal or installation of a radiator, engine, cylinder head, crankcase, transmission, differential,
fender, door, bumper, grill, glass or other body part, or any body repairing or painting. May
include Automobile Filling Stations.
STATION, MOTOR BUS OR RAILROAD. Improvements and facilities at selected points along motor
bus or railroad routes for passenger pickup, drop off, and waiting. Facilities and improvements
may include shelters, benches, signs, structures, and other improvements to provide security,
protection from weather, and access to nearby services.
STORAGE. The existence of any stock, vehicles, equipment or materials enclosed or unenclosed for a
period of more than seventy-two (72) hours and not for retail or wholesale display or sale,
including the utilization or manufacture of explosive materials (not including explosive products),
and flammable liquids or gases other than those used by the manufacturing establishments in their
operational activity.
STORAGE OR DISTRIBUTION FACILTY. A facility where goods are received and/or stored for
delivery to the ultimate customer at remote locations. This includes food products distributing
stations, trucking terminals, and packaging facilities.
STORAGE OR SALE OF PETROLEUM PRODUCTS. Retail or wholesale sales and storage of
petroleum, gasoline, fuel, oil, gas, or flammable liquid or fluid.
Chapter 3: Definitions
3 -37
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
CARMEL 0000124
CITY OF CARMEL ZONING ORDINANCE
STORAGE AND /OR WAREHOUSING, INDOOR. An enclosed space or place where goods, materials,
or personal property is placed and kept for more than 24 consecutive hours. This may include
cold storage lockers, self storage or mini - warehouse facilities, commercial warehouse storage, and
contractor storage facilities.
STORAGE AND /OR WAREHOUSING, OUTDOOR. The keeping of any goods, junk, material,
merchandise or vehicles in the same place, in an unroofed and/or unenclosed area, for more than
twenty-four (24) hours.
STORAGE WAREHOUSE. An enclosed Structure used as a place for Storage of goods and property.
STORE, CONVENIENCE (WITH OR WITHOUT GAS SALES): Retail centers that are usually open
fifteen (15) to twenty-four (24) hours per day and under 8,000 square feet in Gross Floor Area.
There shall be no repair and/or maintenance of Motor Vehicles allowed. A Convenience Store,
which includes gas sales, may incorporate a pump canopy designed and constructed with exterior
finish materials and detailing consistent with its associated Convenience Store Building.
STORY. That part of any Building comprised between the level of one finished floor and the level of the
next higher finished floor or, if there is no higher finished floor, that part of the Building
comprised between the level of the highest finished floor and the top of the roof beams.
STREET. A xight -of -way, other than an Alley, dedicated and accepted, or otherwise legally established
for.,public use, usually affording the principal means of access to abutting property.
STREET, PRIVATE. A Street which is not dedicated to or maintained by any public agency.
STRUCTURE. Anything constructed or installed or portable, the Use of which requires a location on a
parcel of land. It includes a movable Structure which is located on land which can be used for
housing, business, commercial, agricultural or office purposes, either temporarily or permanently.
Structure also includes billboards, swimming pools, poles, pipelines, transmission lines, tracks and
advertising signs, whether located on a rock, tree, separate Structure or part of another Structure.
Also, a Structure that is principally above ground and is enclosed by walls and a roof. The term
includes a gas or liquid storage tank, a manufactured home, or a prefabricated Building. The term
also includes recreational vehicles to be installed on a site for more than one hundred eighty (180)
days.
STRUCTURE, TYPE OF. Refers to the physical arrangement of Dwelling Units such as a detached
Single - family Dwelling, cluster Single - family Dwelling, duplex or Two - family Dwelling, Row
House or Multiple - family Dwelling.STUDIO, RADIO & /OR TELEVISION. Space in an outdoor
or indoor area, building, part of a building, structure, or defined area, that is used primarily for the
creation of film, television, music video, multi- media, or other related activities.
SUBDIVISION. Any of the following shall be considered the subdivision of land requiring plat approval
by the Plan Commission:
1. The division of any parcel of land (recorded after January 21, 1980, and before January
1, 2000) into three (3) or more parcels, sites or Lots, when more than two (2) of the Lots
are less than five (5) acres in area, for the purpose of transfer of ownership, or building
development, excluding cemeteries; or,
2. The improvement (before January 1, 2000) of one (1) or more parcels of land for
residential, commercial or industrial structures or groups of structures involving the
subdivision and allocation of land as streets or other open spaces for common use by
Chapter 3: Definitions
3 -38
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06 -
Spring 2006 vi
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CARMEL 0000125
CITY OF CARMEL ZONING ORDINANCE
owners, occupants or lease holders or as easements for the extension and maintenance of
public sewer, water, storm drainage, or other public utilities and facilities; or,
3. Any division (recorded after December 31, 1999) of a Lot or parcel of land where:
a. the division results in two (2) or more smaller Lots or parcels, at least two (2) of
which are less than five (5) acres in area;
b. the division results in two (2) or more smaller Lots or parcels, any of which
front on or utilize an easement of access; or,
c. the division is for the purpose of building development (excluding cemeteries)
and a street is to be dedicated, reserved, or otherwise platted.
All divisions of land recorded after a certain date, as specified in this definition, from a Lot or
other parcel of land described on or before that date in the records of the Hamilton County
Recorder shall be counted in determining the number of Lots or parcels for the purpose of this
definition. The original Lot or parcel shall also be counted for this purpose.
SUBDIVISION, MAJOR. Any Subdivision that is not less than five (5) acres in area and that has five (5)
or more Lots.
SUBDIVISION, MINOR. Any Subdivision that either has less than five (5) acres in area, or fewer than
five (5) Lots.
SUBDIVISION PLAT. See PLAT.
SUBSTANTIAL IMPROVEMENT. See IMPROVEMENT, SUBSTANTIAL.
SURGERY CENTER. See CENTER, SURGERY.
SUSPENDED SIGN. See SIGN, SUSPENDED.
T
TAVERN OR NIGHTCLUB. A commercial establishment dispensing alcoholic beverages for
consumption in the premises.
TELEVISION, FRANCHISE OR CABLE. Any television distribution system designed to serve any
residents within the jurisdiction of this ordinance authorized by any local, state or federal agency.
TELEVISION TRANSMISSION ANTENNA. See ANTENNA, RADIO OR TELEVISION
TRANSMISSION.
TEMPLE. See CHURCH, TEMPLE, OR PLACE OF WORSHIP.
TEMPORARY USE. See USE, TEMPORARY.
THEATER, INDOOR. A building or part of a building devoted to showing motion pictures, or for
dramatic, dance, musical, or other live performances. Uses include but are not limited to a movie
theater and a performing arts center.
THREE - COMPONENT MEASURING SYSTEM. Instrumentation which can measure earthborne
vibrations in three directions, that is, vibration occurring in a horizontal as well as a vertical plane.
Chapter 3: Definitions
3 -39
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06 -
Spring 2006 vl
CARMEL 0000126
CITY OF CARMEL ZONING ORDINANCE
TOURIST HOME. See HOME, TOURIST.
TOWER. A ground or roof - mounted pole, spire, structure, or combination thereof taller than fifteen (15)
feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the
purpose of mounting an Antenna, a meteorological device, or other similar apparatus above grade.
The term does not include (1) a water tower that is owned by public utility or municipally owned
utility; or (2) any pole, spire, structure, or combination thereof on which an amateur radio station
antenna is mounted.
TOWER, RADIO OR TELEVISION TRANSMISSION. Any ground - mounted pole, spire, structure, or
combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily
for the purpose of mounting a radio or television transmission antenna (other than an amateur
radio station antenna) above ground.
TOWNHOUSE. One or more Single - family Dwellings with a minimal Front and Rear Yards, and no Side
Yards, arranged side by side, separated by common walls between living areas, each having more
than one story.
TRACT, PARENT. A tract of land described by metes and bounds, the description of which has been
recorded in the office of the Hamilton County Recorder of Deeds and which existed prior to the
date of adoption of this ordinance.
TRAFFIC DIRECTIONAL SIGN. See SIGN, TRAFFIC DIRECTIONAL.
TRUCK STOP. A facility intended to provide services to the trucking industry, including but not limited
to the following activities: dispensing of fuel, repair shops, automated washes, restaurants, and
motels; all as part of the facility.
TURNAROUND. A space on private property that permits the turning around of any passenger vehicle
without the necessity of using any public Right -of -way to turn around.
U
UNIFIED CENTER. See CENTER, UNIFIED.
UNIVERSITY. See COLLEGE OR UNIVERSITY.
URGENT CARE CENTER. See CENTER, URGENT CARE.
USE. The employment or occupation of a Building, Structure or land for a person's service, benefit or
enjoyment.
USE, ACCESSORY. 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.
USE, CONFORMING. A Use of a Building, land or premises which does conform to all of the applicable
provisions of this ordinance.
Chapter 3: Definitions
3 -40
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04 Z- 471 -05; Z- 486 -06
Spring 2006 vl
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Ot
CARMEL 0000127
CITY OF CARMEL ZONING ORDINANCE
USE, NONCONFORMING ILLEGAL. A Use of a Building, land or premises existing at the time of the
passage of this ordinance which does not conform to all of the applicable provisions of this
ordinance nor those of any ordinance superseded by this ordinance.
USE, NONCONFORMING LEGAL. A Use of a Building, land or premises existing at the time of the
passage of this ordinance which does not conform to all of the applicable provisions of this
ordinance but did conform to applicable provisions of any ordinance superseded by this
ordinance.
USE, TEMPORARY. Short -term or seasonal uses which may be associated with construction projects or
which intend to sell or promote specific merchandise or products and shall include, but not be
limited to, special events, outdoor displays, outdoor seasonal sales, temporary construction
facilities, residential model homes, and temporary sales offices.
v
VARIANCE. A modification of the specific requirements of this ordinance granted by the Board in
accordance with the terms of this ordinance for the purpose of assuring that no property, because
of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by
other properties in the same vicinity and district.
VEHICLE SIGN. See SIGN, VEHICLE.
VEHICLE, MOTOR An automobile, truck, motorcycle, Mobile Home or any other vehicle propelled or
driven otherwise than by muscular power.
VEHICLE, RECREATIONAL. A vehicle which is:
1. built on a single chassis;
2. four hundred (400) square feet or less when measured at the largest horizontal
projections;
3. designed to be self - propelled or permanently towable by a light -duty truck; and,
4. designed primarily not for use as a permanent dwelling, but as quarters for recreational
camping, travel, or seasonal use.
VETERINARY HOSPITAL WITH KENNEL. See HOSPITAL, VETERINARY WITH KENNEL.
VETERINARY HOSPITAL WITHOUT KENNEL. See HOSPITAL, VETERINARY WITHOUT KENNEL.
VIBRATION. Oscillatory motion transmitted through the ground.
VIOLATION, CIVIL. The erection, alteration, enlargement, maintenance or use of any building, structure
or land in violation of any provision of the Zoning Ordinance, Subdivision Control Ordinance,
Sign Ordinance, Building Code applicable to such building, structure, or land in the zone in which
it is located.
VIOLATION, REPEATED CIVIL ZONING . A recurring violation of the Zoning Ordinance at the same
location; or a violation of the same section of the Zoning Ordinance at a different location by the
same Responsible Party.
Chapter 3: Definitions
3 -41
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; 2-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vi
CARMEL 0000128
CITY OF CARMEL ZONING ORDINANCE
VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a Corner Lot, free
from any kind of obstruction to vision between the heights of three (3) and eight (8) feet above the
established street grade. The street grade is measured at the intersection of the centerlines of the
intersecting street pavement, and the triangular space is determined by a diagonal line connecting
two (2) points measured fifteen (15) feet equidistant from the Lot corner along each property line
at intersections of two (2) residential streets or twenty-five (25) feet at the intersection of any
other types of Streets.
w
WALL SIGN. See SIGN, WALL.
WASTE, SOLID. All putresible waste in a form other than a liquid, semi -solid or gaseous form, whether
contained in any form or object, and which is not hazardous waste as defined in I.C. 13 -7 -1 -2 nor
waste which contains any biological, chemical, bacteriological, radioactive or any other
contaminant which may be harmful or injurious to the public health, safety or welfare of the
domestic, commercial, industrial, agricultural, recreational or conservation concerns of the City of
Carmel and/or Clay Township and its citizens. This definition is intended to specifically exclude
human bodies and sewage.
WATER MANAGEMENT FACILITY. A public or privately owner facility engaged in the distribution of
raw or finished water. Uses may include water towers, pumping stations, above or below ground
storage tanks, or water treatment facilities.
WHOLESALE SALES. See SALES, WHOLESALE.
WHOLESALING FACILITY. A facility primarily engaged in the selling and/or distributing of bulk
merchandise to retailers, industrial, commercial, institutional, or professional business users, or to
other wholesalers. This may include a transportation facility.
WIDTH, PAVEMENT. The actual width of a street surface that includes only the area that is driveable by
vehicles, not including curbs.
WIDTH, ROADWAY. The paved area of a Street measured from back of curb to back of curb.
WINDOW AREA. The total area of all windows along a Building Frontage.
WINDOW SIGN. See SIGN, WINDOW.
WIRELESS TELECOMMUNICATIONS SERVICE. Licensed commercial wireless telecommunications
services, including but not limited to cellular, personal communication services (PCS), specialized
mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and other similar
services that are marketed to the general public.
WOODLAND, MATURE. An area of plant material covering one -half ('h) acre, or more, and consisting
of thirty percent (30 %) or more canopy trees having a sixteen (16) inch or greater caliper, or any
grove consisting of seven (7) or more trees having an eighteen (18) inch or greater caliper.
WOODLAND, YOUNG. An area of plant material covering one -half ('/2) acre, or more, and consisting of
thirty percent (30 %) or more canopy trees having an eight (8) inch or greater caliper, or any grove
consisting of seven (7) or more trees having a ten (10) inch or greater caliper.
Chapter 3: Definitions
3 -42
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
•
•
CARMEL 0000129
•
•
CITY OF CARMEL ZONING ORDINANCE
WOODLAND, SCRUB. An area of plant material covering one -half (1/2) acre, or more, and consisting of
seventy percent (70 %) or more canopy trees having a two and one -half inch (21/2") or greater
caliper, or any grove consisting of fifteen (15) or more trees having four -inch (4 ") or greater
caliper.
Y
YARD. A space on the same Lot with a Principal Building which is open, unoccupied and unobstructed
by Structures, except as otherwise provided in this ordinance, which is a maintained green area
composed of grass and/or live plant materials.
YARD, FRONT. A Yard extending across the full width of the Lot between the Building Setback Line
and the Front Lot Line which is unoccupied other than by steps, walks, terraces, Driveways, lamp
posts and similar Structures, the depth of which is the least distance between the Front Lot Line
and the Building Setback Line. Any side of a Lot adjacent to a Street Right -of -way.
YARD, REAR. A Yard extending across the full width of the Lot between the rear of the Principal
Building and the Rear Lot Line which is unoccupied other than by Accessory Buildings, steps,
walks, terraces, Driveways, lamp posts and similar Structures, the depth of which is the least
distance between the Rear Lot Line and the rear of such Principal Building.
YARD, SIDE. A Yard extending from the Front Yard, or from the Front Lot Line where no Front Yard is
required, to the Rear Yard between the Principal Building and the Side Lot Line. The width of the
required Side Yard is measured horizontally, at ninety degrees (90 °) with the Side Lot Line, from
the nearest part of the Principal Building.
z
ZONE IMPROVEMENT PLAN. See PLAN, ZONE IMPROVEMENT.
ZONING OFFICIAL. A designee of the Director of the Department of Community Services.
ZONING ORDINANCE. Zoning Ordinance of the City of Carmel, Township of Clay, Hamilton County,
Indiana codified as Ordinance No. Z -289, as amended, and the Sign Ordinance, Carmel/Clay
Township, Hamilton County, Indiana, codified as Z -302, as amended.
Chapter 3: Definitions
3 -43
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419-03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vt
CARMEL 0000130
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 3: DEFINITIONS
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
39 -97 OA
July 11, 1997
July 11, 1997
3.07
Z -339
67 -99 OA
October 4, 1999
October 4, 1999
3.07
Z -340
94 -99 OA
May 1, 2000
May 1, 2000
3.07
Z -345
47 -00 OA
May 1, 2000
May 1, 2000
3.07
Z- 365 -01
76 -01a OA
November 5, 2001
November 27, 2001
3.07
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
3.07
Spring 2002 v2
Z- 389 -02
32 -02 OA
September 3, 2002
September 3, 2002
3.07
Summer 2002 vi
Z- 416 -03
40 -02 OA
November 17, 2003
November 18, 2003
3.07
Autumn 2003 vl
Z- 417 -03
162 -02 OA
October 20, 2003
October 20, 2003
3.07
Summer 2003 vl
Z- 419 -03
116 -03 OA
November 17, 2003
November 18, 2003
3.07
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
3.05; 3.06; 3.07
Summer 2004 vl
Z- 461 -04
04070029 OA
December 20, 2004
January 20, 2004
3.07
Winter 2005 vi
Z- 471 -05
04050012 OA
March 7, 2005
September 7, 2005
3.07
Winter 2005 v2
Z- 486 -06
05120002 OA
February 20, 2006
March 22, 2006
3.07
Spring 2006 vl
Chapter 3: Definitions
3 -44
as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z-
419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06
Spring 2006 vl
•
CARMEL 0000131
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 4: DISTRICTS & BOUNDARIES
4.00 Districts and Boundaries.
4.01 Zoning Districts Established.
4.02 Official Zoning Map.
4.03 Official Zoning Map Changes.
4.04 Official Zoning Map Replacement.
4.05 Annexed or Vacated Areas.
4.06 Interpretation of the Zoning Map.
4.00 Districts and Boundaries.
4.01 Zoning Districts Established!
The City of Carmel and its jurisdictional area is hereby divided into the following districts:
Primary Zoning Districts:
S -1 Residence District
S -2 Residence District
R -1 Residence District
R -2 Residence District
R -3 Residence District
R -4 Residence District
R -5 Residence District
B -1 Business District
B -2 Business District
B -3 Business District
B -5 Business District
B -6 Business District
B -7 Business District
B -8 Business District
C -1 City Center District
C -2 Old Town District
OM Old Meridian District
I -1 Industrial District
M -1 Manufacturing District
M -3 Manufacturing District
P -1 Park and Recreation District
AG -1 Agriculture District
Planned Unit Development District
1 Section 4.01 amended per Ordinance No. Z- 365 -01; Z- 417 -03, §4; Z- 453 -04 §m; Z- 478 -05 §a.
Chapter 4: Districts & Boundaries
4 -1
as amended per Z- 365 -01; Z- 417 -03; Z- 453 -04; Z- 478 -05
Summer 2005 vl
CARMEL 0000133
CITY OF CARMEL ZONING ORDINANCE
Secondary Zoning Districts:
FP Flood Plain District
FW Floodway District
FF Floodway Fringe District
State Highway 431 - Keystone Avenue Corridor Overlay Zone
U.S. Highway 31 - Meridian Street Corridor Overlay Zone
U.S. Highway 421 - Michigan Road Corridor Overlay Zone
Old Town District Overlay Zone
Home Place District Overlay Zone
Carmel Drive — Range Line Road Overlay Zone
116th Street Overlay Zone
4.02 Official Zoning Map.2
Territory within the Jurisdiction of the Commission is hereby divided into zones, or districts, as shown on
the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by
reference and declared to be part of this Ordinance.
The Official Zoning Map shall be identified by the signature of the Mayor and the Clerk - Treasurer under
the words "Official Zoning Map," together with the date of the adoption of this Ordinance.
Regardless of the existence of purported copies of the Official Zoning Map which may, from time to time,
be made or published, the Official Zoning Map shall be located in the office of the Clerk- Treasurer and
shall be the final authority as to the current zoning status of land and water areas, buildings and other
structures within the Jurisdiction of the Commission.
4.03 Official Zoning Map Changes.'
If, in accordance with the provisions of this Ordinance and the Advisory Planning Law, changes are made
by the Council in district boundaries or other matter portrayed on the Official Zoning Map, such changes
shall be entered by the Director on the Official Zoning Map within ninety (90) days after the amendment
has been approved by the Council.
No change of any nature shall be made in the Official Zoning Map, or matter shown thereon, except in
conformity with the amendment procedures set forth in this Ordinance.
4.04 Official Zoning Map Replacement.4
In the event that the Official Zoning Map becomes damaged, lost, or difficult to interpret because of the
number of changes and additions, the Council may by resolution adopt a new Official Zoning Map which
shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other
errors or omissions in the prior map, but no such correction shall have the effect of amending the original
Official Zoning Map or any subsequent amendment thereof.
4.05 Annexed or Vacated Areas.
Territory which may hereafter be annexed to the City shall remain as zoned unless changed by amendment
to this Ordinance.
2 Section 4.02 amended per Ordinance No. Z- 453 -04 §n.
3 Section 4.03 amended per Ordinance No. Z- 365 -01.
4 Section 4.02 amended per Ordinance No. Z- 453 -04 §o.
Chapter 4: Districts & Boundaries
4 -2
as amended per Z- 365 -01; Z- 417 -03; Z- 453 -04; Z- 478 -05
Summer 2005 v1
•
•
•
CARMEL 0000134
CITY OF CARMEL ZONING ORDINANCE
Whenever any street, alley, public way, railroad right -of -way, waterway or any other similar area is
vacated by proper authority, the districts adjoining each side of such area shall be extended automatically
to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to
all appropriate regulations of the extended districts. In the event of a partial vacation, the adjoining district,
or district nearest the portion vacated, shall be extended automatically to include all of the vacated area.
4.06 Interpretation of the Zoning Map.
Where uncertainty exists as to the exact boundaries of any district as shown on the Official Zoning Map,
the following rules shall apply:
1. In subdivided areas, or where a district boundary subdivides a lot, the exact location of the
boundary shall be determined by use of the scale of the Official Zoning Map.
2. In the case of further uncertainty, the Board shall interpret the intent of the Official Zoning Map
as to the location of the boundary in question.
The Official Zoning Map, which accompanies and is hereby declared to be a part of this Ordinance, shows
the boundaries of and the area covered by the district. Notations, references, indications and other matters
shown on the Official Zoning Map are as much a part of this Ordinance as if they were fully described
herein.
In determining the boundaries of districts and establishing the regulations applicable to each district, due
and careful consideration has been given to existing conditions, the character of buildings erected in each
district, the most desirable use for which the land in each district may be adapted, and the conservation of
property values throughout the City and its jurisdiction.
Chapter 4: Districts & Boundaries
4 -3
as amended per Z- 365 -01; Z- 417 -03; Z- 453 -04; Z- 478 -05
Summer 2005 v i
CARMEL 0000135
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 4: DISTRICTS & BOUNDARIES
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 365 -01
76 -01b OA
November 5, 2001
November 27, 2001
4.01; 4.03
Z- 417 -03
162 -02 OA
October 20, 2003
October 20, 2003
4.01
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
4.01; 4.02; 4.04
Summer 2004 vl
Z- 478 -05
05050010 OA
July 18, 2005
July 18, 2005
4.01
Summer 2005 vl
Chapter 4: Districts & Boundaries
4 -4
as amended per Z- 365 -01; Z- 417 -03; Z- 453 -04; Z- 478 -05
Summer 2005 vi
•
•
CARMEL 0000136
•
•
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL /CLAY ZONING ORDINANCE
CHAPTER 5: S- 1/RESIDENCE DISTRICT
5.00 S- 1/Residence District.
5.01 Permitted Uses.
5.02 Special Uses & Special Exceptions.
5.03 Accessory Building and Uses.
5.04 Height and Area Requirements.
5.00 S- 1/Residence District.'
5.00.01 Purpose and Intent.
The purpose of this district is to provide for the development of innovative residential
environments in keeping with the rural character of this district, by providing for a development
process that allows a high degree of flexibility in the design of single - family subdivisions.
Further, it is the purpose of this district to provide for a development process that allows for more
efficient use of the land through the introduction of open space and conservation lands within
subdivisions. It is the intention of this district to protect remaining significant natural features
within this district by placing an emphasis on less intensive urban land uses.
5.01 Permitted Uses:2
5.01.01 See Appendix A: Schedule of Uses.
5.01.02 Area density requirements for qualifying subdivisions shall be regulated on a sliding scale based
upon the amount of open space provided. (see Subdivision Regulations, Chapter 7: Open Space
Standards for Major Subdivisions)
5.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
5.02.01 Minimum Area Requirements:
Use: Minimum Area
(Acres):
Cemetery Thirty (30)
Commercial Greenhouse Ten (10)
1 Section 5.00 amended per Ordinance No. Z -327.
2 Section 5.01 amended per Ordinance No. Z -320; Z -322; Z -327; Z- 415 -03, §a; Z- 453 -04, §p.
3 Section 5.02 amended per Ordinance No. Z -320; Z -327; Z- 415 -03, §b -c.
Chapter 5: S- 1/Residence District
5 -1
as amended per Z -309; Z -320; Z -322; Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000138
CITY OF CARMEL ZONING ORDINANCE
Use: Minimum Area
(Acres):
Day nursery One (1)
Kindergarten One (1)
Plant nursery Ten (10)
5.02.02 Other Requirements:
Use Other requirements:
Mineral extraction, borrow pit, top
soil removal and their storage
Minimum perimeter Natural
Open Space buffer (as
defined in 7.03(B) of the
Subdivision Regulations) of
300 ft. when adjoining or
abutting any residential use
or district.
5.03 Accessory Building and Uses.' (See Chapter 25: Additional Use Regulations for additional
regulations.)
5.03.01 See also Section 25.01.
5.04 Height and Area Requirements.' (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional regulations.)
5.04.01 Maximum Height:6 Thirty-five (35) feet.
5.04.02 Minimum Lot Area:
A. Lots without service by a community water system and a community sanitary sewer
system, 43,560 square feet.
B. Lots with service from a community water system, and private septic system, 35,000
square feet.
C. Lots with service from a community sanitary sewer system and private water system,
25,000 square feet.
D. Lots with community water system and community sanitary sewer system 15,000 square
feet.
5.04.03 Minimum Lot Standards:
A. Minimum Front Yard:7 Forty (40) feet.
4 Section 5.03 amended per Ordinance No. Z -309; Z- 369 -02, §h; Z- 453 -04, §q -t.
' Section 5.04 amended per Ordinance No. Z -327; Z- 366 -01.
6 See also Section 26.01.01.
NOTE: For the Minimum Front Yard requirement for any Lot in a Qualifying Subdivision utilizing relaxed Front Yard standards per Section
7.00.01 of the Subdivision Control Ordinance see Section 26.02.07.
Chapter 5: S- 1/Residence District
5 -2
as amended per Z -309; Z -320; Z -322; Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v
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CARMEL 0000139
CITY OF CARMEL ZONING ORDINANCE
B. Minimum Side Yard:8
1. Single - family Dwelling: Ten (10) feet;
2. All other uses: Twenty (20) feet.
C. Minimum Aggregate of Side Yard:
1. Single - family Dwelling: Thirty (30) feet;
2. All other uses: Fifty (50) feet.
D. Minimum Rear Yard:
1. Single - family Dwelling: Twenty (20) feet;
2. All other uses: Fifteen (15) feet.
E. Minimum Lot Width:
1. Single - family home Dwelling: One hundred twenty (120) feet;
2. All other uses: Two hundred (200) feet.
F. Maximum Lot Coverage: Thirty-five percent (35 %) of lot.
G. Minimum Ground Floor Area:
1. One -story dwelling- One thousand (1,000) square feet;
2. Two -story dwelling and All other uses: Eight hundred (800) square feet.
5.04.04 Qualifying Subdivisions. Any lot within a Qualifying Subdivision, as described in Chapter 7 of
the Subdivision Regulations, is exempt from the requirements of Sections 5.04.02 and 5.04.03.
8 See also Section 26.01.01.
Chapter 5: S- 1/Residence District
5 -3
as amended per Z -309; Z -320; Z -322; Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v
CARMEL 0000140
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 5: S -1 /RESIDENCE DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -309
November 20, 1995
Z -320
July 11, 1997
Z -322
May 19, 1997
Z -327
January 4, 1999
Z- 366 -01
76 -01b OA
n/a
November 28, 2001
5.04.01
Winter 2002 V2
Z- 369 -02
160 -02 OA
April 1, 2002
April 1, 2002
5.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
5.01; 5.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
5.01; 5.04.03
Summer 2004 vi
Chapter 5: S- 1/Residence District
5 -4
as amended per Z -309; Z -320; Z -322; Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vi
•
CARMEL 0000141
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 6: S- 2/RESIDENCE DISTRICT
6.00 S- 2/Residence District.
6.01 Permitted Uses.
6.02 Special Uses & Special Exceptions.
6.03 Accessory Building and Uses.
6.04 Height and Area Requirements.
6.00 S- 2/Residence District.'
6.00.01 Purpose and Intent.
The purpose of this district is to provide for low- density single - family residential development in
areas facing conversion from a rural - agricultural nature to a residential nature. The preservation
of natural features, and encouragement of open space residential land -use patterns in this district is
intended to implement the Comprehensive Plan's Residential Community Objective. The S -2
District corresponds to the Low Intensity Residential Community on the Comprehensive Plan's
Land Use Map.
6.01 Permitted Uses:2
6.01.01 See Appendix A: Schedule of Uses.
6.01.02 Density requirements for qualifying subdivisions shall be regulated on a sliding scale based upon
the amount of open space provided. (see Subdivision Regulations, Chapter 7: Open Space
Standards for Major Subdivisions)
6.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
6.02.01 Minimum Area Requirements:
Same as S -1 District regulations of Section 5.02.01.
6.02.02 Other Requirements:
Same as S -1 District regulations of Section 5.02.02.
1 Section 6.00 amended per Ordinance No. Z -327.
2 Section 6.01 amended per Ordinance No. Z -327; Z- 415 -03, §d.
3 Section 6.02 amended per Ordinance No. Z -320; Z- 415 -03, §e-f.
Chapter 6: S -2 /Residence District
6 -1
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 v 1
CARMEL 0000143
CITY OF CARMEL ZONING ORDINANCE
6.03 Accessory Buildings and Uses .4 See also Section 25.01.
6.04 Height and Area Requirements.' (see Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional regulations.)
6.04.01 Maximum Height:6 Thirty-five (35) feet.
6.04.02 Minimum Lot Area:
A. Lots without service by a community water system and a community sanitary sewer
system, 43,560 square feet.
B. Lots with service from a community water system, and private septic system, 35,000
square feet.
C. Lots with service from a community sanitary sewer system and private water system,
20,000 square feet.
D. Lots with community water system and community sanitary sewer system, 12,000 square
feet.
6.04.03 Minimum Lot Standards:
A. Minimum Front Yard:7 Thirty-five (35) feet.
B. Minimum Side Yard:8
1. Single - family Dwelling: Ten (10) feet;
2. All other uses: Twenty (20) feet.
C. Minimum aggregate of Side Yard:
1. Single - family Dwelling: Twenty-five (25) feet;
2. All other uses: Forty (40) feet.
D. Minimum Rear Yard:
1. Single - family Dwelling: Twenty (20) feet;
2. All other uses: Fifteen (15) feet.
E. Minimum Lot Width:
1. Single - family Dwelling: One hundred (100) feet;
2. All other uses: Two hundred (200) feet.
F. Maximum Lot Coverage: Thirty-five percent (35 %) of lot.
G. Minimum Ground Floor Area:
1. One -story dwelling: One thousand one hundred (1,100) square feet;
2. Two -story dwelling and All other uses: Eight hundred (800) square feet.
4 Section 6.03 amended per Ordinance No. Z- 369 -02, sCi.
' Section 6.04 amended per Ordinance No. Z -327; Z- 366 -01.
6 See also Section 26.01.01.
NOTE: For the Minimum Front Yard requirement for any Lot in a Qualifying Subdivision utilizing relaxed Front Yard standards per Section
7.00.01 of the Subdivision Control Ordinance see Section 26.02.07.
8 See also Section 26.01.01.
Chapter 6: S- 2/Residence District
6 -2
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 v 1
•
•
CARMEL 0000144
CITY OF CARMEL ZONING ORDINANCE
6.04.04 Any lot within a Qualifying Subdivision, as described in Chapter 7 of the Subdivision
Regulations, is exempt from the requirements of Sections 6.04.02 and 6.04.03.
Chapter 6: S- 2/Residence District
6 -3
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 vl
CARMEL 0000145
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 6: S -2 RESIDENCE DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
July 11, 1997
Z -327
Z- 366 -01
76 -01b OA
n/a
November 28, 2001
6.04.01
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
6.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
6.01; 6.02
Autumn 2003 vl
Chapter 6: S- 2/Residence District
6 -4
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 vl
•
•
CARMEL 0000146
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 7: R -1 /RESIDENCE DISTRICT
7.00 R- 1/Residence District.
7.01 Permitted Uses.
7.02 Special Uses & Special Exceptions.
7.03 Accessory Building and Uses.
7.04 Height and Area Requirements.
7.00 R -1 /Residence District.'
7.00.01 Purpose and Intent.
The purpose of this district is to provide for low- density single- family residential development
where adequate public facilities are available. The preservation of natural features, and
encouragement of open space residential land -use patterns in this district is intended to implement
the Comprehensive Plan's Residential Community Objectives. The R -1 District corresponds to
the Low Intensity Residential Community on the Comprehensive Plan's Land Use Map.
7.01 Permitted Uses:2
7.01.01 See Appendix A: Schedule of Uses.
7.01.02 Density Requirements for qualifying subdivisions shall be regulated on a sliding scale based upon
the amount of open space provided. (see Subdivision Regulations, Chapter 7.• Open Space
Standards for Major Subdivisions)
7.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
7.02.01 Minimum Area Requirements:
Same as S -1 District regulations of Section 5.02.01.
7.02.02 Other Requirements:
Same as S -1 District regulations of Section 5.02.02.
1 Section 7.00 amended per Ordinance No. Z -327.
2 Section 7.01 amended per Ordinance No. Z -327; Z- 415 -03, §g.
3 Section 7.02 amended per Ordinance No. Z -320; Z- 415 -03, §h j.
Chapter 7: R- 1/Residence District
7 -1
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 vl
CARMEL 0000148
CITY OF CARMEL ZONING ORDINANCE
7.03 Accessory Buildings and Uses.4 See also Section 25.01.
7.04 Height and Area Requirements.' (see Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional regulations.)
7.04.01 Maximum Height:6 Thirty-five (35) feet.
7.04.02 Minimum Lot Area:
A. Lots without service by a community water system and a community sanitary sewer
system, 43,560 square feet
B. Lots with service from a community water system, and private septic system, 35,000
square feet.
C. Lots with service from a community sanitary sewer system and private water system,
20,000 square feet.
D. Lots with community water system and community sanitary sewer system, 10,000 square
feet.
7.04.03 Minimum Lot Standards:
A. Minimum Front Yard:7 Thirty-five (35) feet.
B. Minimum Side Yard:8 Ten (10) feet.
C. Minimum Aggregate of Side Yard: Twenty (20) feet.
D. Minimum Rear Yard:
1. Single - family dwelling: Twenty (20) feet;
2. All other uses: Fifteen (15) feet.
E. Minimum Lot Width: One hundred (100) feet.
F. Maximum Lot Coverage: Thirty-five percent (35 %) of lot.
G. Minimum Ground Floor Area:
1. One -story dwelling: One thousand one hundred (1,100) square feet;
2. Two -story dwelling and all other uses: Nine hundred (900) square feet.
7.04.04 Any lot within a Qualifying Subdivision, as described in Chapter 7 of the Subdivision
Regulations, is exempt from the requirements of Sections 7.04.02 and 7.04.03.
4 Section 7.03 amended per Ordinance No. Z- 369 -02, ,¢j.
5 Section 7.04 amended per Ordinance No. Z -327; Z- 366 -01.
6 See also Section 26.01.01.
7 NOTE: For the Minimum Front Yard requirement for any Lot in a Qualifying Subdivision utilizing relaxed Front Yard standards per Section
7.00.01 of the Subdivision Control Ordinance, see Section 26.02.07.
8 See also Section 26.01.01.
Chapter 7: R- 1/Residence District
7 -2
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 v 1
•
•
CARMEL 0000149
•
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 7: R -1 /RESIDENCE DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
July 11, 1997
Z -327
January 4, 1999
Z- 366 -01
76 -01b OA
n/a
November 28, 2001
7.04.01
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
7.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
7.01; 7.02
Autumn 2003 v1
Chapter 7: R- 1/Residence District
7 -3
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 v 1
CARMEL 0000150
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 8: R- 2/RESIDENCE DISTRICT
8.00 R- 2/Residence District.
8.01 Permitted Uses.
8.02 Special Uses & Special Exceptions.
8.03 Accessory Building and Uses.
8.04 Height and Area Requirements.
8.00 R -2 /Residence District.'
8.00.01 Purpose and Intent.
The purpose of this district is to provide for medium density single - family residential
development where adequate public facilities are available. The preservation of natural features,
and encouragement of open space residential land -use patterns in this district is intended to
implement the Comprehensive Plan's Residential Community Objective. The R -2 District
corresponds to the Medium Intensity Residential Community on the Comprehensive Plan's Land
Use Map.
8.01 Permitted Uses:2
8.01.01 See Appendix A: Schedule of Uses.
8.01.02 Density Requirements for qualifying subdivisions shall be regulated on a sliding scale based upon
the amount of open space provided. (see Subdivision Regulations, Chapter 7: Open Space
Standards for Major Subdivisions)
8.02 Special Uses & Special Exceptions:2
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
8.02.01 Minimum Area Requirements:
Same as S -1 District regulations of Section 5.02.01.
8.02.02 Other Requirements:
Same as S -1 District regulations of Section 5.02.02.
1 Section 8.00 amended per Ordinance No. Z -327.
2 Section 8.01 amended per Ordinance No. Z -327; Z- 415 -03, §k.
3 Section 8.02 amended per Ordinance No. Z -320; Z- 415 -03, §l -n.
Chapter 8: R- 2/Residence District
8 -1
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 v1
CARMEL 0000152
CITY OF CARMEL ZONING ORDINANCE
8.03 Accessory Buildings and Uses.4 See also Section 25.01.
8.04 Height and Area Requirements.5 (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional regulations.)
8.04.01 Maximum Height:6 Thirty-five (35) feet.
8.04.02 Minimum Lot Area:
A. Lots without service by a community water system and a community sanitary sewer
system, 43,560 square feet.
B. Lots with service from a community water system, and private septic system, 35,000
square feet.
C. Lots with service from a community sanitary sewer system and private water system,
20,000 square feet.
D. Lots with community water system and community sanitary sewer system, 10,000 square
feet.
8.04.03 Minimum Lot Standards:
A. Minimum Front Yard:7 Thirty-five (35) feet.
B. Minimum Side Yard:8 Five (5) feet.
C. Minimum Aggregate of Side Yard: Fifteen (15) feet.
D. Minimum Rear Yard:
1. Single - family dwelling: Twenty (20) feet;
2. All other uses: Fifteen (15) feet.
E. Minimum Lot Width: Eighty (80) feet
F. Maximum Lot Coverage: Thirty-five percent (35 %) of lot.
G. Minimum Ground Floor Area:
1. One -story dwelling: One thousand one hundred (1,100) square feet;
2. Two -story dwelling and All other uses: Nine hundred (900) square feet.
8.04.04 Any lot within a Qualifying Subdivision, as described in Chapter 7 of the Subdivision
Regulations, is exempt from the requirements of Sections 8.04.02 and 8.04.03.
4 Section 8.03 amended per Ordinance No. Z- 369 -02, §k.
5 Section 8.04 amended per Ordinance No. Z -327; Z- 366 -01.
6 See also Section 26.01.01.
NOTE: For the Minimum Front Yard requirement for any Lot in a Qualifying Subdivision utilizing relaxed Front Yard standards per Section
7.00.01 of the Subdivision Control Ordinance see Section 26.02.07.
8 See also Section 26.01.01.
Chapter 8: R- 2/Residence District
8 -2
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 v 1
•
CARMEL 0000153
•
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 8: R -2 /RESIDENCE DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
2-320
July 11, 1997
Z -327
January 4, 1999
Z- 366 -01
76 -01b OA
n/a
November 28, 2001
8.04.01
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
8.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
8.01; 8.02
Autumn 2003 vl
Chapter 8: R- 2/Residence District
8 -3
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 vl
CARMEL 0000154
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 9: R- 3/RESIDENCE DISTRICT
9.00 R- 3/Residence District.
9.01 Permitted Uses.
9.02 Special Uses & Special Exceptions.
9.03 Accessory Building and Uses.
9.04 Height and Area Requirements.
9.00 R -3 /Residence District.'
9.00.01 Purpose and Intent.
The purpose of this district is to provide for medium density single- and two - family development
on smaller lots in urbanized areas. The preservation of natural features, and encouragement of
open space residential land -use pattems in this district is intended to implement the
Comprehensive Plan's Residential Community Objectives. The R -3 District corresponds to the
Medium Intensity Residential Community on the Comprehensive Plan's Land Use Map.
9.01 Permitted Uses:2
9.01.01 See Appendix A: Schedule of Uses.
9.01.02 Density Requirements for qualifying subdivisions shall be regulated on a sliding scale based upon
the amount of open space provided. (see Subdivision Regulations, Chapter 7: Open Space
Standards for Major Subdivisions)
9.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
9.02.01 Minimum Area Requirements:
Same as S -1 District regulations of Section 5.02.01.
9.02.02 Other Requirements:
Same as S -1 District regulations of Section 5.02.02.
1 Section 9.00 amended per Ordinance No. Z -327.
2 Section 9.01 amended per Ordinance No. Z -327; Z- 415 -03, §o.
3 Section 9.02 amended per Ordinance No. Z -320; Z- 415 -03, §p -r.
Chapter 9: R- 3/Residence District
9 -1
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 vl
CARMEL 0000156
CITY OF CARMEL ZONING ORDINANCE
9.03 Accessory Buildings and Uses.4 See also Section 25.01.
9.04 Height and Area Requirements.' (see Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional regulations.)
9.04.01 Maximum Height:6 Thirty-five (35) feet.
9.04.02 Minimum Lot Size:
A. Lots without service by a community water system and a community sanitary sewer
system, 43,560 square feet.
B. Lots with service from a community water system, and private septic system, 35,000
square feet.
C. Lots with service from a community sanitary sewer system and private water system,
20,000 square feet.
D. Lots with community water system and community sanitary sewer, 8000 square feet.
9.04.03 Minimum Lot Standards:
A. Minimum Front Yard:7 Thirty (30) feet.
B. Minimum Side Yard:8 Five (5) feet.
C. Minimum Aggregate of Side Yard: Fifteen (15) feet.
D. Minimum Rear Yard:
1. All residential uses: Twenty (20) feet;
2. All other uses: Fifteen (15) feet.
E. Minimum Lot Width: Sixty (60) feet.
F. Maximum Lot Coverage: Thirty-five percent (35 %) of lot.
G. Minimum Ground Floor Area:
1. Single - family dwelling: Eight hundred (800) square feet;
2. Two - family dwelling: Seven hundred (700) square feet per dwelling unit;
3. All other uses: Eight hundred (800) square feet.
9.04.04 Any lot within a qualifying subdivision, as described in Chapter 7 of the Subdivision Regulations,
is exempt from the requirements of Sections 9.04.02 and 9.04.03.
4 Section 9.03 amended per Ordinance No. Z- 369 -02, §l.
5 Section 9.04 amended per Ordinance No. Z -327; Z- 366 -01.
6 See also Section 26.01.01.
NOTE: For the Minimum Front Yard requirement for any Lot in a Qualifying Subdivision utilizing relaxed Front Yard standards per Section
7.00.01 of the Subdivision Control Ordinance see Section 26.02.07.
8 See also Section 26.01.01.
Chapter 9: R- 3/Residence District
9 -2
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 v 1
•
0
CARMEL 0000157
•
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 9: R -3 /RESIDENCE DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
July 11, 1997
Z -327
January 4, 1999
Z- 366 -01
76 -01b OA
n/a
November 28, 2001
9.04.01
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
9.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
8.01; 8.02
Autumn 2003 vl
Chapter 9: R- 3/Residence District
9 -3
as amended per Z -320, Z -327; Z- 366 -01; Z- 369 -02; Z- 415 -03
Summer 2004 vl
CARMEL 0000158
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 10: R -4 /RESIDENCE DISTRICT
10.00 R- 4/Residence District.
10.01 Permitted Uses.
10.02 Special Uses & Special Exceptions.
10.03 Accessory Buildings and Uses.
10.04 Height and Area Requirements.
10.00 R -4 /Residence District.
10.00.01 Purpose and Intent.
The purpose of this district is to provide for high - density single -, two- and multiple - family
development on small lots in distinctly urbanized areas. The intent of this district is to protect and
conserve existing residential development, particularly in locations featuring marginally standard
housing and facing potential change from original uses, and to preserve natural features, and
encourage open space residential land -use patterns in this district is intended to implement the
Comprehensive Plan's Residential Community Objectives. The R -4 District corresponds to the
High Intensity Residential Community on the Comprehensive Plan's Land Use Map
10.00.02Minimum Tract Requirements.
No parcel of ground, platted or unplatted, located within the R -4 Residence District shall be
permitted to be developed or redeveloped unless served by a community water system and a
community sanitary sewer system.
10.01 Permitted Uses:'
10.01.01 See Appendix A: Schedule of Uses.
10.01.02Density Requirements for qualifying subdivisions shall be regulated on a sliding scale based upon
the amount of open space provided. (see Chapter 7: Open Space Standards for Major
Subdivisions of the Subdivision Regulations)
10.02 Special Uses & Special Exceptions:2
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
1 Section 10.01 amended per Ordinance No. Z- 415 -03, §s.
2 Section 10.02 amended per Ordinance No. Z -320; Z- 415 -03, §t -v; Z- 453 -04, §u.
Chapter 10: R- 4/Residence District
10 -1
as amended per Z -320; Z -327; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000161
CITY OF CARMEL ZONING ORDINANCE
10.02.01 Minimum Area Requirements:
Use
Mobile Home Park
Minimum Area
(Acres)
Fifteen (15)
Also, same as S -1 District regulations of Section 5.02.01.
10.02.02Other Requirements:
Same as S -1 District regulations of Section 5.02.02.
10.03 Accessory Buildings and Uses.' See also Section 25.01.
10.03.01 unassigned
10.03.02 Swimming Pool. See Section 25.01.01(C)(8).
10.04 Height and Area Requirements.' (see Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional regulations.)
10.04.01 Maximum Height: Thirty-five (35) feet.
10.04.02Minimum Lot Size:
A. Lots without service by a community water systems and a community sanitary sewer
system, 43,560 square feet.
B. Lots with service from a community water system, and private septic system, 35,000
square feet.
C. Lots with service from a community sanitary sewer system and private water system,
20,000 square feet.
D. Lots with community water system and community sanitary sewer system: 8000 square
feet.
10.04.03 Minimum Lot Standards:
A. Minimum Front Yard: Thirty-five (35) feet.5
B. Minimum Side Yard:
1. Single - family dwelling: Ten (10) feet;
2. All other uses: Twenty (20) feet.
C. Minimum Aggregate of Side Yard:
1. Single- family dwelling: Twenty-five (25) feet;
2. All other uses: Forty (40) feet.
D. Minimum Rear Yard:
1. Single - family dwelling: Twenty (20) feet;
2. All other uses: Fifteen (15) feet.
3 Section 10.03 amended per Ordinance No. Z- 369 -02, §m; Z- 453 -04, §v.
4 Section 10.04 amended per Ordinance No. Z- 453 -04, §w.
5 NOTE: For the Minimum Front Yard requirement for any Lot in a Qualifying Subdivision utilizing relaxed Front Yard standards per Section
7.00.01 of the Subdivision Control Ordinance see Section 26.02.07.
Chapter 10: R- 4/Residence District
10 -2
as amended per Z -320; Z -327; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vI
•
CARMEL 0000162
CITY OF CARMEL ZONING ORDINANCE
E. Minimum Lot Width:
1. Single - family dwelling: One hundred (100) feet;
2. All other uses: Two hundred (200) feet.
F. Maximum Lot Coverage: Thirty-five percent (35 %) of lot.
10.04.04Any lot within a qualifying subdivision, as described in Chapter 7 of the Subdivision Regulations,
is exempt from the requirements of Section 10.04.02.
Chapter 10: R- 4/Residence District
10 -3
as amended per Z -320; Z -327; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000163
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 10: R -4 RESIDENCE DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
July 11, 1997
Z -327
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
10.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
10.01; 10.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
10.02; 10.03; 10.04
Summer 2004 vl
Chapter 10: R -4 /Residence District
10 -4
as amended per Z -320; Z -327; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
•
CARMEL 0000164
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 11: R -5 /RESIDENCE DISTRICT
11.00 R -5 /Residence District.
11.01 Permitted Uses.
11.02 Special Uses & Special Exceptions.
11.03 Accessory Building and Uses.
11.04 Height, Yard and Density Requirements.
11.00 R -5 /Residence District.'
11.00.01 Purpose and Intent.
The purpose of the R -5 District is to provide for the encouragement of large scale, diverse
residential developments of good design with residential open space, and maximum living
amenities. Mixed residential structures, their supporting accessory buildings and uses and limited
commercial uses are allowed with maximum layout flexibility permitted. Densities are variable
within the district in order to assure versatility of development. Application to the Commission is
required for Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) approval
and Development Plan (DP) approval.
11.00.02 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the R -5 District prior to the issuance
of an Improvement Location Permit by the Department. See Section 24.02: Development
Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the R -5 District prior to the
issuance of an Improvement Location Permit by the Department. See Section 24.03:
Architectural Design, Exterior Lighting, Landscaping and Signage.
11.00.03 Minimum Tract Requirements.
A tract of land proposed for an R -5 Residence District shall include a minimum gross area of ten
(10) acres, including the area within the existing improved streets and alleys. No tract shall have
an unusually narrow or elongated shape. The shape of the tract shall be adaptable for logical
development. The district shall be established in areas where all utilities (public water supply,
sanitary sewers and storm sewers) are available or are to be provided to the entire development.
Commercial uses shall be permitted as a special use only where the gross area of the tract is thirty
(30) acres or more. The commercial use portion shall not be less than twenty -five percent (25 %)
of the tract. All streets and roads located in the R -5 District, whether dedicated or undedicated,
1 Section 11.00 amended per Ordinance No. Z -327; Z- 453 -04, §x -ab. Section 11.00.03 renumbered per Ordinance No. Z- 453 -04, §z.
Chapter 11: R- 5/Residence District
11 -1
as amended per Z -320; Z -327; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000166
CITY OF CARMEL ZONING ORDINANCE
shall be built according to existing City of Carmel standards, including provision of appropriate
right -of -way for undedicated streets and roads.
11.00.99Application Procedure.
A. Development Plan. See Section 24.99(A). Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
11.01 Permitted Uses:2
See Appendix A: Schedule of Uses.
11.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
11.02.01 Minimum Area Requirements: None.
11.02.02Other Requirements:
Use Other requirements:
Commercial uses (retail and office) Total gross area shall not
exceed fifty percent (50 %)
of the R -5 District tract,
which shall have a
minimum gross area of
thirty (30) acres.
Also, same as S -1 District regulations of Section 5.02.02.
11.03 Accessory Buildings and Uses.' See also Section 25.01.
11.04 Height, Yard and Density Requirements.5 (see Chapter 26: Additional Height, Yard, & Lot
Area Regulations for additional requirements.)
11.04.01 Maximum Height:
A. Single- and Two - family Dwelling: Thirty-five (35) feet;
B. Multiple - family Dwelling and All other uses: Forty-five (45) feet.
2 Section 11.01 amended per Ordinance No. Z- 415 -03, §w.
3 Section 11.02 amended per Ordinance No. Z -320; Z- 415 -03, §x y.
4 Section 11.03 amended per Ordinance No. Z- 369 -02.
5 Section 11.04 amended per Ordinance No. Z -327; Z- 365 -01; Z- 453 -04, §ac.
Chapter 11: R- 5/Residence District
11 -2
as amended per Z -320; Z -327; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
•
CARMEL 0000167
CITY OF CARMEL ZONING ORDINANCE
11.04.02Minimum yards:
On all outside boundaries of an R -5 District tract adjoining the cited districts, the minimum yards
shall be as follows:
Yard S -1 and S -2 R -1 and R -2 All other districts
Front 10' 5' 5'
Side 75' 75' 50'
Rear 75' 75' 50'
The required minimum yard shall be used as a greenbelt or lawn area with no Principal Buildings
or Uses, Accessory Buildings or Uses and so forth permitted therein. The exceptions which may
be located in the required yard include streets or driveways necessary to provide access,
sidewalks, landscaping and other decorative items, fencing and other protective items and signage
as permitted by the Carmel Sign Ordinance. There shall be no minimum yard requirements within
the R -5 District tract.
11.04.03 Dwelling Unit Density. Dwelling Unit Density shall be regulated on a sliding scale based upon
the amount of open space provided. The base density permitted is twelve (12) units per acre;
Dwelling Unit Density may be increased above the permitted base density by the application of a
factor of one and one -half percent (1.5 %) of the base density for each increase of one percent
(1.0 %) in the percentage of the site acreage that is devoted to open space. (see Subdivision
Regulations, Chapter 7.• Open Space Standards for Major Subdivisions)
11.04.04Project Open Space. The minimum open space requirement (OSR) shall be designed pursuant to
requirements of Chapter 7 of the Subdivision Regulations.
11.04.05 Greenbelt Buffer. A greenbelt buffer shall be provided, and may take the following forms:
A. A landscaped transitional area designed consistent with Section 26.04: Perimeter
Buffering Requirements, or
B. Open space, design pursuant to the Chapter 7 of the Subdivision Regulations.
Chapter 11: R- 5/Residence District
11 -3
as amended per Z -320; Z -327; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000168
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 11: R -5 /RESIDENCE DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
July 11, 1997
July 11, 1997
Z -327
January 4, 1999
January 4, 1999
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27, 2001
11.04.03
Z- 369 -02
April 1, 2002
April 1, 2002
11.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
11.01; 11.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
11.00; 11.04; 11.05
Summer 2004 vl
Chapter 11: R- 5/Residence District
11 -4
as amended per Z -320; Z -327; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
•
CARMEL 0000169
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 12: B- 1BUSINESS DISTRICT
12.00 B-1/Business District.
12.01 Permitted Uses.
12.02 Special Uses & Special Exceptions.
12.03 Accessory Building and Uses.
12.04 Height and Area Requirements.
12.05 Parking and Loading Berth Requirements.
12.00 B -1 /Business District.'
12.00.01 Purpose and Intent.
The purpose of this district is to provide primarily for light commercial and office uses to be
developed as a unit or on individual parcels. The intent is to provide an area where lighter
businesses may locate, protected from encroachment of other uses, with minimal requirements.
12.00.02Plan Commission Approval.
A. Development Plan. Not required.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the B -1 District prior to the
issuance of an Improvement Location Permit by the Depaitment. Once approved by the
Commission the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) shall not be materially or substantially changed or altered without the prior
approval of the Commission.
12.00.99 Application Procedure.
A. Development Plan. Not required.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
12.01 Permitted Uses:2
See Appendix A: Schedule of Uses.
12.01.01 Minimum Area Requirements: None.
12.01.02 Other Requirements:
1 Section 12.00 amended per Ordinance No. Z- 369 -02; §o; Z- 453 -04 §ae.
2 Section 12.01 amended per Ordinance No. Z- 415 -03, §z.
Chapter 12: B-1/Business District
12 -1
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v1
CARMEL 0000171
CITY OF CARMEL ZONING ORDINANCE
Use Other requirements:
Carnivals, fairs, circuses, etc. Temporary, not to exceed
fifteen (15) days
Roadside sales stand Permit issued for a temporary
use - six (6) months per
year maximum
Also, same as B -4 District regulations of Section 15.01.02.
12.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
12.02.01 Minimum Area Requirements:
Use Minimum Area
(Acres)
Day nursery One (1)
Kindergarten One (1)
Plant nursery Ten (10)
Also, same as B -2 District regulations of Section 13.02.01.
12.02.02Other Requirements: Same as B -2 District regulations of Section 13.02.02.
12.03 Accessory Buildings and Uses.' See also Section 25.01.
12.04 Height and Area Requirements. (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional requirements.)
12.04.01 Maximum Height: Forty -five (45) feet.
12.04.02Minimum Front Yard: Fifteen (15) feet.
12.04.03Minimum Side Yard:
1. Residential uses: Five (5) feet;
2. Any business use located in a block or parcel which includes a residential use or district,
located in a block or parcel which adjoins a residential use or district or located on a
comer lot: Five (5) feet;
3. Any business use which does not meet the above qualifications: None.
12.04.04Minimum Aggregate of Side Yard:
1. Any use that requires a minimum side yard of five (5) feet (Section 12.04.03 above): Ten
(10) feet;
2. All other uses: None.
3 Section 12.02 amended per Ordinance No. Z- 365 -01; Z- 415 -03, §aa -ab; Z- 453 -04, §af.
4 Section 12.03 amended per Ordinance No. Z- 369 -02; §p.
Chapter 12: B-1/Business District
12 -2
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
CARMEL 0000172
CITY OF CARMEL ZONING ORDINANCE
12.04.05 Minimum Rear Yard:
1. Residential uses: Twenty (20) feet;
2. All other uses: Fifteen (15) feet.
12.04.06Minimum Lot Width: Fifty (50) feet.
12.04.07Minimum Lot Size: All lots shall contain a minimum of seven thousand (7,000) square feet per
dwelling unit and for all business uses when serviced by a community water system and a
community sanitary sewer system. Twenty-eight thousand (28,000) square feet shall be added to
the minimum lot size if a community sanitary sewer system does not service the lot and eight
thousand, five hundred sixty (8,560) square feet shall be added if a community water system does
not service the lot. Five thousand (5,000) square feet may be deducted from the minimum lot size
add -ons for private water and sewer systems if an adequate on- premises drainage system, such as
through the use of perimeter tile drains, increased paid elevations and a storm sewer system with
an adequate drainage outlet, is used to alleviate surface and ground water problems.
12.04.08 Minimum Ground Floor Area:
1. Single - family dwelling: Seven hundred (700) square feet;
2. Two - family dwelling and Multiple - family dwelling: Six hundred (600) square feet per
dwelling unit;
3. All other uses: Nine hundred (900) square feet.
12.04.09Maximum Lot Coverage:
1. Single- and Two - family dwelling: Thirty-five percent (35 %) of lot;
2. Multiple - family dwelling: Forty percent (40 %) of lot;
3. All other uses: Ninety percent (90 %) of lot.
12.05 Parking and Loading Berth Requirements. (See Chapter 27: Additional Parking & Loading
Regulations for additional requirements.)
12.05.01 All business uses, except office buildings:
1. 3,000 - 15,000 square feet gross floor area: One (1) berth.
2. 15,001 - 40,000 square feet gross floor area: Two (2) berths.
3. Each 25,000 additional square feet: One (1) additional berth.
12.05.02Office buildings:
1. 100,000 or less square feet gross floor area: One (1) berth.
2. 100,001 - 300,000 square feet gross floor area: Two (2) berths.
3. Each 200,000 additional square feet: One (1) additional berth.
Chapter 12: B-1/Business District
12 -3
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000173
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 12: B- 1BUSINESS DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 365 -01
76 -01a OA
November 5, 2001
November 27, 2001
12.02
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
12.00.02; 12.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
12.01; 12.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
12.00; 12.02
Summer 2004 vl
Chapter 12: B-1/Business District
12 -4
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
•
•
CARMEL 0000174
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 13: B-2/BUSINESS DISTRICT
13.00 B-2/Business District.
13.01 Permitted Uses.
13.02 Special Uses & Special Exceptions.
13.03 Accessory Buildings and Uses.
13.04 Height and Area Requirements.
13.05 Parking and Loading Berth Requirements.
13.00 B -2 /Business District.'
13.00.01 Purpose and Intent.
The purpose of this district is to provide primarily for heavy commercial and office uses to be
developed as a unit or on individual parcels. The intent is to provide an area where heavy
businesses may locate with minimal requirements.
13.00.02 Plan Commission Approval.
A. Development Plan. Not required.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the B -2 District prior to the
issuance of an Improvement Location Permit by the Department. Once approved by the
Commission the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) shall not be materially or substantially changed or altered without the prior
approval of the Commission.
13.00.99 Application Procedure.
A. Development Plan. Not required.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
13.01 Permitted Uses:2
See Appendix A: Schedule of Uses.
1 Section 13.00 amended per Ordinance No. Z- 369 -02, §q; Z- 453 -04, §ag.
2 Section 13.01 amended per Ordinance No. Z- 415 -03, §ac.
Chapter 13: B-2/Business District
13 -1
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v1
CARMEL 0000176
CITY OF CARMEL ZONING ORDINANCE
13.01.01 Minimum Area Requirements:
Use
Day nursery
Kindergarten
Plant nursery
Minimum Area
(Acres)
One (1)
One (1)
Ten (10)
13.01.02 Other Requirements: Same as B -1 District regulations of Section 12.01.02.
13.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
13.02.01 Minimum Area Requirements:
Use
Cemetery
Junk or material
yard
Outdoor theater
Commercial sanitary
refuse dump
Race track
Raising and breeding of
fowl and animals
Stadium or coliseum
and/or salvage
landfill or
13.02.02 Other Requirements:
Use
non -farm
Mineral extraction, borrow pit, top
soil removal and their storage
Minimum Area
(Acres)
Thirty (30)
Ten (10)
Five (5)
Forty (40)
Forty (40)
Five (5)
Five (5)
Other requirements:
Minimum buffer of three
hundred (300) ft. from any
residential district
13.03 Accessory Buildings and Uses .4 See also Section 25.01.
13.04 Height and Area Requirements. (See Chapter 26: Additional Height, Yard & Lot Area
Regulations for additional requirements.)
13.04.01 Maximum Height: Sixty (60) feet.
13.04.02Minimum Front Yard:
1. Residential uses: Fifteen (15) feet;
2. All others: None.
3 Section 13.02 amended per Ordinance No. Z -320; Z- 365 -01; Z- 415 -03, §ad; Z- 453 -04, §ah.
4 Section 13.03 amended per Z- 369 -02, §r.
Chapter 13: B- 2/Business District
13 -2
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
CARMEL 0000177
CITY OF CARMEL ZONING ORDINANCE
13.04.03Minimum Side Yard:
1. Residential uses: Five (5) feet;
2. Any business use located in a block or parcel which includes or adjoins a residential
district or use or which is located on a comer: Five (5) feet;
3. Any business use which does not meet the above qualifications: None.
13.04.04Minimum Aggregate of Side Yard:
1. Any use that requires a minimum side yard of five (5) feet (Section 13.04.03 above): Ten
(10) feet;
2. All other uses: None.
13.04.05 Minimum Rear Yard:
1. Residential uses: Twenty (20) feet;
2. All other uses: Fifteen (15) feet.
13.04.06Minimum Lot Width: Fifty (50) feet.
13.04.07Minimum Lot Size: All lots shall contain a minimum of seven thousand (7,000) square feet per
dwelling unit and for all business uses when serviced by a community water supply system and a
community sanitary sewer system. Twenty-eight thousand (28,000) square feet shall be added to
the minimum lot size if a community sanitary sewer system does not service the lot, and eight
thousand, five hundred sixty (8,560) square feet shall be added if a community water system does
not service the lot. Five thousand (5,000) square feet may be deducted from the minimum lot size
add -ons for private water and sewer systems if an adequate on- premises drainage system, such as
through the use of perimeter tile drains, increased pad elevations and a storm sewer system with
an adequate drainage outlet, is used to alleviate surface and ground water problems.
13.04.08Minimum Ground Floor Area:
1. Single - family dwelling: Seven hundred (700) square feet;
2. Two - family dwelling and Multiple - family dwelling: Six hundred (600) square feet per
dwelling unit;
3. All other uses: Nine hundred (900) square feet.
13.04.09Maximum Lot Coverage:
1. Single- and Two - family dwelling: Thirty-five percent (35 %) of lot;
2. Multiple - family dwelling: Forty percent (40 %) of lot;
3. All other uses: Ninety percent (90 %) of lot.
13.05 Parking and Loading Berth Requirements. (See Chapter 27: Additional Parking & Loading
Regulations for additional requirements.)
13.05.01 All business uses, except office buildings:
1. 3,000 - 15,000 square feet gross floor area: One (1) berth.
2. 15,001 - 40,000 square feet gross floor area: Two (2) berths.
3. Each 25,000 additional square feet: One (1) additional berth.
13.05.02 Office buildings:
1. 100,000 or less square feet gross floor area: One (1) berth.
Chapter 13: B-2/Business District
13 -3
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000178
CITY OF CARMEL ZONING ORDINANCE
2. 100,001 -- 300,000 square feet gross floor area: Two (2) berths.
3. Each 200,000 additional square feet: One (1) additional berth.
Chapter 13: B-2/Business District
13 -4
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
CARMEL 0000179
•
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 13: B -2 /BUSINESS DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
13.02
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27, 2001
13.02
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
13.00.02; 13.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
13.01; 13.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
13.00; 13.02
Summer 2004 vl
Chapter 13: B -2 /Business District
13 -5
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000180
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 14: B -3 /BUSINESS DISTRICT
14.00 B-3/Business District.
14.01 Permitted Uses.
14.02 Special Uses & Special Exceptions.
14.03 Accessory Buildings and Uses.
14.04 Height and Area Requirements.
14.05 Parking and Loading Berth Requirements.
14.06 Landscaping Requirements.
14.00 B -3 /Business District.'
14.00.01 Purpose and Intent.
The purpose of this district is to provide for a wide variety of commercial and office uses in
transitional locations throughout the community. The intent is to establish somewhat more
stringent requirements in order to better regulate businesses locating in primarily newly
developing areas.
14.00.02Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the B -3 District prior to the issuance
of an Improvement Location Permit by the Department. Once approved by the
Commission the Development Plan (DP) shall not be materially or substantially changed
or altered without the prior approval of the Commission. The Development Plan shall
address the comprehensive arrangement of land uses, buildings, landscape areas, road
and parking areas in accordance with harmonious and aesthetic principles of the ADLS.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the B -3 District prior to the
issuance of an Improvement Location Permit by the Department. Once approved by the
Commission the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) shall not be materially or substantially changed or altered without the prior
approval of the Commission.
14.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
1 Section 14.00 amended per Ordinance No. Z- 365 -01; Z- 369 -02, §s; Z- 453 -04, §ai.
Chapter 14: B-3/Business District
14 -1
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summcr 2004 vl
CARMEL 0000182
CITY OF CARMEL ZONING ORDINANCE
14.01 Permitted Uses:2
See Appendix A: Schedule of Uses.
14.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
14.02.01 Minimum Area Requirements: Same as B -2 District regulations of Section 13.01.01 and same as
B -2 District regulations of Section 13.02.01.
14.02.02Other Requirements: Same as B -2 District regulations of Section 13.01.02 and same as B -2
District regulations of Section 13.02.02.
14.03 Accessory Buildings and Uses.' See also Section 25.01.
14.04 Height and Area Requirements. (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional requirements.)
14.04.01 Maximum Height: Thirty-five (35) feet.
14.04.02Minimum Front Yard:
1. Residential uses: Thirty (30) feet;
2. All other uses: Sixty (60) feet.
14.04.03Minimum Side Yard:
1. Residential uses: Ten (10) feet;
2. Any business use located in a block or parcel which includes or adjoins a residential
district or use or which is located on a corner lot: Thirty (30) feet;
3. Any business use which does not meet the above qualifications: None.
14.04.04Minimum Aggregate of Side Yard:
1. Residential uses: Twenty (20) feet;
2. Any business use that requires a minimum Side Yard of thirty (30) feet (Section 14.04.03
above): Thirty (30) feet;
3. All other uses: None.
14.04.05 Minimum Rear Yard:
1. Residential uses: Twenty (20) feet;
2. Any business use located in a block or parcel which includes or adjoins a residential
district or use: Thirty (30) feet;
3. All other business uses: Fifteen (15) feet.
2 Section 14.01 amended per Ordinance No. Z- 365 -01; Z- 369 -02, §t; Z- 415 -03, §ae.
3 Section 14.02 amended per Ordinance No. Z- 365 -01; Z- 369 -02, §u; Z- 415 -03, §af -ag; Z- 453 -04, §aj.
4 Section 14.03 amended per Ordinance No. Z- 369 -02, §v.
Chapter 14: B-3/Business District
14 -2
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
CARMEL 0000183
CITY OF CARMEL ZONING ORDINANCE
14.04.06Minimum Lot Width:
1. Single - family dwelling: Eighty (80) feet;
2. All other uses: One hundred (100) feet.
14.04.07Minimum Lot Size: All lots shall contain a minimum of ten thousand (10,000) square feet per
single or two - family dwelling and for all business uses when serviced by a community water
system and a community sanitary sewer system. A lot for a multiple - family dwelling shall contain
five thousand (5,000) square feet per dwelling unit when serviced by a community water system
and a community sewer system. Twenty-five thousand (25,000) square feet shall be added to the
minimum lot size if a community sanitary sewer system does not service the lot and eight
thousand, five hundred sixty (8,560) square feet shall be added if a community water system does
not service the lot. Five thousand (5,000) square feet may be deducted from the minimum lot size
add -ons for private water and sewer systems if an adequate drainage system, such as through the
use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate
drainage outlet, is used to alleviate surface and ground water problems.
14.04.08Minimum Ground Floor Area:
1. Single - family dwelling: One thousand (1,000) square feet;
2. Two- and Multiple - family dwelling: Eight hundred (800) square feet;
3. All other uses: Nine hundred (900) square feet.
14.04.09Maximum Lot Coverage:
1. Single- and Two - family dwelling: Thirty-five percent (35 %) of lot;
2. Multiple- family dwelling: Forty percent (40 %) of lot;
3. All other uses: Eighty percent (80 %) of lot.
14.05 Parking and Loading Berth Requirements. (See Chapter 27: Additional Parking & Loading
Regulations for additional requirements.)
14.05.01 All business uses, except office buildings:
1. 3,000 - 15,000 square feet gross floor area: One (1) berth.
2. 15,001 - 40,000 square feet gross floor area: Two (2) berths.
3. Each 25,000 additional square feet: One (1) additional berth.
14.05.02 Office buildings:
1. 100,000 or less square feet gross floor area: One (1) berth.
2. 100,001 - 300,000 square feet gross floor area: Two (2) berths.
3. Each 200,000 additional square feet: One (1) additional berth.
14.06 Landscaping Requirements.
Where a lot or parcel of ground used for business purposes in the B -3 District abuts, or adjoins across a
street (adjoining across a limited access highway is excluded), a parcel zoned or used for residential
purposes, a greenbelt or lawn area with a minimum width of thirty (30) feet shall be provided along the
abutting or adjoining property line. A planting screen, consisting of suitable shrubbery, shall be planted at
the time of construction of, or conversion to, a business activity and shall be maintained in order to provide
effective screening at all times during the year. The shrubbery may be planted informally or in rows and
shall screen parking areas, outside storage areas, loading berths, trash and refuse containers and so forth
Chapter 14: B- 3/Business District
14 -3
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000184
CITY OF CARMEL ZONING ORDINANCE
from abutting or adjoining residential properties. Vision clearance on corner lots and at the intersections of
streets and driveways shall be observed. No accessory buildings or uses may be erected or pursued within
the required greenbelt or lawn area with the exception of sidewalks, decorative or protective items, other
landscaping items and signage as permitted by the Carmel -Clay Township Sign Ordinance. Multiple -
family residential developments within a B -3 District shall also be subject to the protection afforded by the
landscaping requirements established herein.
Chapter 14: B-3/Business District
14 -4
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
•
CARMEL 0000185
•
•
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 14: B- 3BUSINESS DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 365 -01
76 -01a OA
November 5, 2001
November 22, 2001
14.02
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
14.00.02; 14.01;
14.02
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
14.01; 14.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
14.00; 14.02
Summer 2004 vl
Chapter 14: B-3/Business District
14 -5
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vi
CARMEL 0000186
•
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 15: B -4 /BUSINESS DISTRICT (PLANNED DISTRICT)
REPEALED PER ORDINANCE No. Z -453
15.00 B- 4/Business District. (Planned District)
15.01 Permitted Uses.
15.02 Special Uses.
15.03 Accessory Buildings and Uses.
15.04 Height and Area Requirements.
15.05 Parking and Loading Berth Requirements.
15.06 Landscaping Requirements.
15.07 Application Procedure.
15.00 B 4 iuusincss District
Cr�
1 .01 DP rmittca osc§:
115.02 Spee al
• • •
15."x, p; ention-Pfoeedufe
Chapter 15: B-4/Business District
15 -1
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; repealed per Z- 453 -04
effective August 16, 2004
Summer 2004 vl
CARMEL 0000188
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 15: B- 4BUSINESS DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27, 2001
15.02
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
15.00.02; 15.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
15.01; 15.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
Chapter Repealed
Chapter 15: B-4/Business District
15 -2
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; repealed per Z- 453 -04
effective August 16, 2004
Summer 2004 v I
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CARMEL 0000189
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 16: B -5 /BUSINESS DISTRICT
16.00 B- 5/Business District.
16.01 Permitted Uses.
16.02 Special Uses & Special Exceptions.
16.03 Accessory Buildings and Uses.
16.04 Height and Area Requirements.
16.05 Parking and Loading Berth Requirements.
16.00 B -5 /Business District!
16.00.01 Purpose and Intent.
The purpose of this district is to provide a location for office buildings and general offices
protected from encroachment from heavier commercial uses. Inasmuch as this district is
frequently found in close proximity to residential areas and/or intermixed with residential areas, it
is the intention of this district to allow for a compatible mixture of the two uses with reasonable
regulations.
16.00.02Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the B -5 District prior to the issuance
of an Improvement Location Permit by the Department. See Section 24.02: Development
Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the B -5 District prior to the
issuance of an Improvement Location Permit by the Department. Once approved by the
Commission the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) shall not be materially or substantially changed or altered without the prior
approval of the Commission.
16.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
1 Section 16.00 amended per Ordinance No. Z- 369 -02, §z; Z- 453 -04, §al -am.
Chapter 16: B -5 /Business District
16 -1
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000191
CITY OF CARMEL ZONING ORDINANCE
16.01 Permitted Uses:2
See Appendix A: Schedule of Uses.
16.01.01 Minimum Area Requirements: None
16.01.02 Other Requirements: None
16.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
16.02.01 Minimum Area Requirements:
Use
Minimum Area
(Acres)
Kindergarten One (1)
16.02.02 Other Requirements:
Same as B -4 District regulations of Section 15.02.02 (except Carnivals, fairs, circuses, etc.)
16.03 Accessory Buildings and Uses.' See also Section 25.01.
16.03.01
16.03.02 Swimming Pool. See also Section 25.01.01(C)(8).
16.03.03 Tennis courts may be permitted as an accessory use but shall be located only within a side or rear
yard. Open wire mesh fences surrounding tennis courts may be erected to a height of sixteen (16)
feet if such fences only enclose a regulation court area and standard apron areas. Lighting of the
court shall not create more than five (5) footcandles of light twenty -five (25) feet from the
perimeter of the court.
16.03.04Quarters for bona fide servants employed by the occupants of the dwelling are permitted.
16.03.05One guest house with cooking facilities may be permitted as an accessory building on lots
containing not less than one (1) acre.
16.03.06Accessory lighting is permitted; however, no lighting shall cause illumination at or beyond any
project side or rear lot line in excess of 0.1 footcandle of light.
16.03.07Private radio and television reception and transmitting towers and antennas are permitted subject
to applicable local, state and federal regulations. No structure shall be located or permitted within
ten (10) feet of a power transmission line.
16.03.08Accessory uses such as public utility installations, private walks, driveways, retaining walls, mail
boxes, nameplates, lamp posts, birdbaths and structures of a like nature are permitted in any
required front, side or rear yard.
16.03.09Accessory uses or buildings customarily and purely incidental to office uses are permitted.
2 Section 16.01 amended per Ordinance No. Z-320; Z- 415 -03, §aj.
3 Section 16.02 amended per Ordinance No. Z- 365 -01; Z- 415 -03, §ak; Z- 453 -04, §an.
4 Section 16.03 amended per Ordinance No. Z- 369 -02, §aa; Z- 453 -04, §ao.
Chapter 16: B- 5/Business District
16 -2
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
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CARMEL 0000192
•
•
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CITY OF CARMEL ZONING ORDINANCE
16.04 Height and Area Requirements. (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional requirements.)
16.04.01 Maximum Height:
A. All residential uses: Thirty-five (35) feet;
B. All office uses: Forty-five (45) feet.
16.04.02Minimum Front Yard:
A. All residential uses: Twenty (20) feet;
B. All office uses: Fifteen (15) feet.
16.04.03 Minimum Side Yard:
A. All uses: Five (5) feet.
16.04.04 Minimum Aggregate of Side Yard:
A. All uses: Fifteen (15) feet.
16.04.05 Minimum Rear Yard:
A. All residential uses: Twenty (20) feet;
B. All office uses: Fifteen (15) feet.
16.04.06Minimum Lot Width:
A. Single - family dwelling: Eighty (80) feet;
B. All other uses: One hundred (100) feet.
16.04.07Minimum Lot Size: All lots shall contain a minimum of ten thousand (10,000) square feet per
single dwelling and for all office uses when serviced by a community water system and a
community sanitary sewer system. A lot for a multiple - family dwelling shall contain a minimum
of five thousand (5,000) square feet per dwelling unit when serviced by a community water
system and a community sewer system. Twenty-five thousand (25,000) square feet shall be added
to the minimum lot size if a community sanitary sewer system does not service the lot and eight
thousand, five hundred sixty (8,560) square feet shall be added if a community water system does
not service the lot. Five thousand (5,000) square feet may be deducted from the minimum lot size
add -ons for private water and sewer systems if an adequate drainage system, such as through the
use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate
drainage outlet, is used to alleviate surface and ground water problems.
16.04.08Minimum Ground Floor Area:
A. Single - family dwelling: One thousand (1,000) square feet;
B. Two- and Multiple - family dwelling: Eight hundred (800) square feet per dwelling unit;
C. All office uses: Nine hundred (900) square feet.
16.04.09Maximum Lot Coverage:
A. Single- and Two - family dwelling: Thirty-five percent (35 %) of lot;
B. Multiple - family dwelling: Forty percent (40 %) of lot;
C. All office uses: Seventy-five percent (75 %) of lot.
Chapter 16: B-5/Business District
16 -3
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000193
CITY OF CARMEL ZONING ORDINANCE
16.05 Parking and Loading Berth Requirements. (see Chapter 27: Additional Parking & Loading
Regulations for additional requirements.)
16.05.01 Office buildings:
1. 100,000 or less square feet gross floor area: One (1) berth.
2. 100,001 - 300,000 square feet gross floor area: Two (2) berths.
3. Each 200,000 additional square feet: One (1) additional berth.
Chapter 16: B-5/Business District
16 -4
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vI
•
CARMEL 0000194
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 16: B- 5BUSINESS DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
July 11, 1997
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27, 2001
16.02
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
16.00.02; 16.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
16.01; 16.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
16.00; 16.02; 16.03
Summer 2004 vi
Chapter 16: B-5/Business District
16 -5
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000195
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 17: B -6 /BUSINESS DISTRICT
17.00 B- 6/Business District.
17.01 Permitted Uses.
17.02 Special Uses & Special Exceptions.
17.03 Accessory Buildings and Uses.
17.04 Height and Area Requirements.
17.05 Parking and Loading Berth Requirements.
17.06 Landscaping Requirements.
17.00 B -6 /Business District.'
17.00.01 Purpose and Intent.
The purpose of this district is to provide a location for light commercial and office uses adjacent
to limited access highways. The intent is to permit these uses to develop in an area of high
commercial potential utilizing access roads and existing secondary streets and roads and buffering
surrounding residential uses.
17.00.02Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the B -6 District prior to the issuance
of an Improvement Location Permit by the Department. See Section 24.02:
Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the B -6 District prior to the
issuance of an Improvement Location Permit by the Department. Once approved by the
Commission the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) shall not be materially or substantially changed or altered without the prior
approval of the Commission.
17.00.03 Minimum Tract Requirements.
No parcel of ground located within the B -6 Business District shall be permitted to develop
dependent upon a limited access highway for road access. All road access shall come from an
existing secondary street specifically constructed for that purpose. No more than twenty-five
percent (25 %) of the gross acreage contained in the B -6 district shall be developed until the
district is served by all utilities (public water supply, sanitary sewers and storm sewers).
17.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
1 Section 17.00 amended per Ordinance No. Z- 369 -02, §ab -ac; Z- 453 -04, §ap -aq.
Chapter 17: B-6/Business District
17 -1
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000197
CITY OF CARMEL ZONING ORDINANCE
B.
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
17.01 Permitted Uses:2
See Appendix A: Schedule of Uses.
17.01.01 Minimum Area Requirements:
Use
Stadium or coliseum
17.01.02Other Requirements:
Use
Hospital
Hotel, motel
Minimum Area
(Acres)
Five (5)
Other requirements:
Must be developed using
sanitary sewers
Must be developed using
sanitary sewers
17.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
17.02.01 Minimum Area Requirements:
Use
Day nursery
Plant nursery
17.02.02 Other Requirements:
Use
Roadside sales stand
Minimum Area
(Acres)
One (1)
Ten (10)
Other requirements:
Permit issued for a temporary
use - six (6) months per
year maximum
17.03 Accessory Buildings and Uses.4 See also Section 25.01.
17.04 Height and Area Requirements. (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional requirements.)
17.04.01 Maximum Height: One hundred (100) feet.
2 Section 17.01 amended per Ordinance No. Z- 415 -03, §al.
3 Section 17.02 amended per Ordinance No. Z- 365 -01; Z- 415 -03, §am; Z- 453 -04, §ar.
4 Section 17.03 amended per Ordinance No. Z- 369 -02, §ad.
Chapter 17: B- 6/Business District
17 -2
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
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CARMEL 0000198
CITY OF CARMEL ZONING ORDINANCE
17.04.02Minimum Front Yard: Sixty (60) feet.
17.04.03Minimum Side Yard:
1. All residential uses: Thirty (30) feet;
2. All other uses: Sixty (60) feet.
17.04.04Minimum Aggregate of Side Yard:
1. All residential uses: Sixty (60) feet;
2. All other uses: One hundred twenty (120) feet.
17.04.05 Minimum Rear Yard:
1. All residential uses: Thirty (30) feet;
2. All other uses: Sixty (60) feet.
17.04.06Minimum Lot Width:
1. Single - family dwelling: Eighty (80) feet;
2. All other uses: One hundred (100) feet.
17.04.07Minimum Lot Size: All lots shall contain a minimum of ten thousand (10,000) square feet per
single- or two- family dwelling and for all business uses when serviced by community water
system and a community sanitary sewer system. A lot for a multiple - family dwelling shall contain
a minimum of five thousand (5,000) square feet per dwelling unit when serviced by a community
water system and a community sewer system. Twenty-five thousand (25,000) square feet shall be
added to the minimum lot size if a community sanitary sewer system does not service the lot and
eight thousand, five hundred sixty (8,560) square feet shall be added if a community water system
does not service the lot. Five thousand (5,000) square feet may be deducted from the minimum
lot size add -ons for private water and sewer systems if an adequate drainage system, such as
through the use of perimeter tile drains, increased pad elevations, and a storm sewer system with
an adequate drainage outlet, is used to alleviate surface and ground water problems.
17.04.08Minimum Ground Floor Area:
1. Single- family dwelling: One thousand (1,000) square feet;
2. Two- and Multiple- family dwelling: Eight hundred (800) square feet per dwelling unit;
3. All other uses: Nine hundred (900) square feet.
17.04.09Maximum Lot Coverage:
1. Single- and Two - family dwelling: Thirty-five percent (35 %) of lot;
2. Multiple - family dwelling: Forty percent (40 %) of lot;
3. All other uses: Seventy-five percent (75 %) of lot.
17.05 Parking and Loading Berth Requirements. (See Chapter 27: Additional Parking & Loading
Requirements for additional requirements.)
17.05.01 All business uses, except office buildings:
1. 3,000 - 15,000 square feet gross floor area: One (1) berth.
2. 15,001 - 40,000 square feet gross floor area: Two (2) berths.
3. Each 25,000 additional square feet: One (1) additional berth.
Chapter 17: B- 6lBusiness District
17 -3
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000199
CITY OF CARMEL ZONING ORDINANCE
17.05.02Office buildings:
1. 100,000 or less square feet gross floor area: One (1) berth.
2. 100,001 - 300,000 square feet gross floor area: Two (2) berths.
3. Each 200,000 additional square feet: One (1) additional berth.
17.06 Landscaping Requirements.
Where a lot or parcel of ground used for business purposes in the B -6 District abuts, or adjoins across a
street (adjoining across a limited access highway is excluded), a parcel zoned or used for residential
purposes, a greenbelt or lawn area with a minimum width of thirty (30) feet shall be provided along the
abutting or adjoining property line. A planting screen, consisting of suitable shrubbery, shall be planted at
the time of construction of, or conversion to, a business activity and shall be maintained in order to provide
effective screening at all times during the year. The shrubbery may be planted informally or in rows and
shall screen parking areas, outside storage areas, loading berths, trash and refuse containers and so forth
from abutting or adjoining residential properties. Vision clearance on corner lots and at the intersections of
streets and driveways shall be observed and maintained. No accessory buildings or uses may be erected or
pursued within the required greenbelt or lawn area with the exception of sidewalks, decorative or
protective items, other landscaping items and signage as permitted by the Carmel -Clay Township Sign
Ordinance. Multiple - family residential development within a B -6 District shall also be subject to the
protection afforded by the landscaping requirements established herein.
Chapter 17: B- 6/Business District
17 -4
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CARMEL 0000200
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CITY OF CARMEL ZONING ORDINANCE
CHAPTER 17: B- 6/BUSINESS DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27, 2001
17.02
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
17.00.02; 17.00.03;
17.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
17.01; 17.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
17.00.02; 17.00.99;
17.02
Summer 2004 vl
Chapter 17: B-6/Business District
17 -5
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000201
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 18: B -7 /BUSINESS DISTRICT
18.00 B- 7/Business District.
18.01 Permitted Uses.
18.02 Special Uses & Special Exceptions.
18.03 Accessory Buildings and Uses.
18.04 Height and Area Requirements.
18.05 Parking and Loading Berth Requirements.
18.06 Landscaping Requirements.
18.07 Storage, Display and Refuse.
18.00 B -7 /Business District.'
18.00.01 Purpose and Intent.
The purpose of this district is to allow for development of a wide variety of commercial uses near
areas zoned or utilized for residential purposes. The intent is to permit efficient land usage while
protecting and maintaining the character of neighboring residential areas.
18.00.02 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the B -7 District prior to the issuance
of an Improvement Location Permit by the Department. Once approved by the
Commission the Development Plan (DP) shall not be materially or substantially changed
or altered without the prior approval of the Commission. The Development Plan shall
address the comprehensive arrangement of land uses, buildings, landscape areas, road
and parking areas in accordance with harmonious and aesthetic principles of the ADLS.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the B -7 District prior to the
issuance of an Improvement Location Permit by the Department. Once approved by the
Commission the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) shall not be materially or substantially changed or altered without the prior
approval of the Commission.
C. Applicability. Commission approval shall be necessary:
1. prior to the consideration by the Board of Zoning Appeals for a variance of any
property located within the B -7 District;
2. prior to the issuance of any Improvement Location Permit in the B -7 District.
D. Review Criteria. The Commission shall examine each proposal in relation to the health,
safety and general welfare of the community and particularly nearby residential areas.
1 Section 18.00 amended per Ordinance No. Z- 369 -02, §ae; Z- 453 -04, §as.
Chapter 18: B- 7/Business District
18 -1
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vi
CARMEL 0000203
CITY OF CARMEL ZONING ORDINANCE
The Commission review is to determine that the proposed use is within the permitted
uses within a B -7 District and that the proposed use is appropriately designed and
landscaped to compatibly adjoin a residential area. In such review, the Commission shall
consider the particular elements of each proposal, which may include, but are not limited
to the following items:
1. Neighborhood Impact: social/neighborhood effects, impact on surrounding
property, compatibility with existing commercial uses, benefit to community,
and minimization or containment of possible negative effects.
2. Site Suitability: topography, on -site and off -site surface and subsurface storm
and water drainage, surrounding zoning and land use, access to public streets,
soils and hydrology.
3. Public Facilities: capacity of proposed and existing public streets, available
police and fire protection, easements and utilities on -site and to the site,
including water, sewage and storm drainage facilities.
4. Circulation Patterns: amount and direction of traffic flow proposed, existing
vehicular and pedestrian circulation pattern, streets, sidewalks, curbs, gutters,
driveway and curb cut locations in relation to other sites, parking location and
arrangement, alleys, service areas, loading bays and dedication of streets and
rights -of -way.
5. Architectural Design: scale and proportion, suitability of building materials,
surrounding building design, proposed and existing landscaping, exterior
lighting, signage, site coverage, screening and buffering and necessary building
height, bulk and setback.
18.00.99 Application Procedure.
A. Development Plan. See Section 24.99(4): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
18.01 Permitted Uses:2
See Appendix A: Schedule of Uses.
18.01.01 Minimum Area Requirements:
Use Minimum Area
(Acres)
Day nursery One (1)
Kindergarten One (1)
18.01.02 Other Requirements:
Use Other Requirements:
Dry cleaning and laundry (pick -up
& delivery only)
Hardware store
2 Section 18.01 amended per Ordinance No. Z- 415 -03, §an.
No dry cleaning or laundering
on premises
No service center
Chapter 18: B- 7/Business District
18 -2
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CARMEL 0000204
CITY OF CARMEL ZONING ORDINANCE
18.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
18.03 Accessory Buildings and Uses :1 See also Section 25.01.
Accessory Buildings and Uses customarily and purely incidental to the uses allowed in this district are
permitted contingent upon Commission approval (see Section 18.00.02) and under the following
conditions:
1. shall have on all sides the same architectural features or shall be architecturally compatible with
the Principal Building(s) with which it is associated.
18.04 Height and Area Requirements. (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional requirements.)
18.04.01 Maximum Height: Thirty-five (35) feet, with a maximum of two (2) stories.
18.04.02Minimum Front Yard: Forty (40) feet.
18.04.03Minimum Side Yard: Ten (10) feet.
18.04.04Minimum Aggregate of Side Yard: Twenty-five (25) feet.
18.04.05 Minimum Rear Yard: Thirty (30) feet.
18.04.06Minimum Lot Width: One hundred (100) feet. However, if a lot was recorded prior to May 5,
1980 ("Effective Date ") and said lot does not meet the minimum lot width requirements of this
section, said lot ( "Undersized Lot ") may be used for any use permitted in the B -7 District
provided that:
1. At the time of the recordation of the Undersized Lot, or on the Effective Date, the
Undersized Lot met the requirements for minimum lot width then in effect for the
underlying primary zoning district(s);
2. The owner of the Undersized Lot must include, up to the minimum lot width, any
adjoining vacant land (not separated by a street or public way) owned on or before the
Effective Date or at the time of application which, if combined with the Undersized Lot,
would create a lot which conforms to the minimum lot width requirements of this
section; and
3. All other applicable regulations of the B -7 District can be met.
18.04.07Minimum Lot Size: A lot for a business use shall contain a minimum of ten thousand (10,000)
square feet when serviced by a community water system and a community sanitary sewer system.
A lot for a multiple - family dwelling shall contain five thousand (5,000) square feet per dwelling
unit when serviced by a community water system and a community sewer system. Twenty-five
thousand (25,000) square feet shall be added to the minimum lot size if a community sanitary
sewer system does not service the lot and eight thousand, five hundred sixty (8,560) square feet
shall be added if a community water system does not service the lot. Five thousand (5,000) square
feet may be deducted from the minimum lot size add -ons for private water and sewer systems if an
adequate drainage system, such as through the use of perimeter tile drains, increased pad
3 Section 18.02 amended per Ordinance No. Z -320; Z- 365 -01; Z- 415 -03, §ao; Z- 453 -04, §at.
4 Section 18.03 amended per Ordinance No. Z- 369 -02, §af.
Chapter 18: B- 7/Business District
18 -3
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000205
CITY OF CARMEL ZONING ORDINANCE
elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface
and ground water problems.
18.04.08 Minimum Ground Floor Area:
1. Business uses: Nine hundred (900) square feet;
2. Multiple - family dwelling: Eight hundred (800) square feet.
18.04.09Maximum Lot Coverage for Multiple - family Dwellings: Forty percent (40 %) of lot.
18.05 Parking and Loading Berth Requirements. (See Chapter 27: Additional Parking & Loading
Requirements for additional requirements.)
18.05.01 All business uses, except office buildings:
1. 3,000 - 15,000 square feet gross floor area: One (1) berth
2. 15,001 - 40,000 square feet gross floor area: Two (2) berths.
3. Each 25,000 additional square feet: One (1) additional berth.
18.05.02 Office buildings:
1 100,000 or less square feet gross floor area: One (1) berth.
2. 100,001 - 300,000 square feet gross floor area: Two (2) berths.
3. Each 200,000 additional square feet: One (1) additional berth.
18.06 Landscaping Requirements.5
18.06.01 Landscaping Plan: A Landscaping Plan shall be submitted to the Commission for its approval at
the same time other plans (e.g., architectural design, lighting, parking and signage) are submitted.
This plan shall be drawn to scale, including dimensions and distances; shall delineate all existing
and proposed structures, private parking areas, walks, ramps for handicapped, terraces, driveways,
lighting standards, signs, steps and other similar structures; and, shall delineate the location, size
and description of all landscape material and the method to be used for the watering or irrigation
of all planting areas. Landscape treatment for plazas, roads, paths, service and private parking
areas shall be designed as an integral and coordinate part of the Landscape Plan for the entire lot.
18.06.02 Areas to be Landscaped:
1. Where a lot or parcel of ground in the B -7 District abuts a parcel zoned for residential
purposes, a thirty-foot (30') landscaping buffer shall be located along the side of the lot
which abuts the residentially zoned parcel. This landscape buffer shall be a greenbelt as
described herein and shall contain a visual screen six (6) feet in height created by a solid
wall or fence, or by an earth berm with plantings, or by a planting hedge, or any
appropriate combination thereof. The design of this buffer shall provide effective
screening at all times during the year and shall be coordinated with, or complementary to,
any adjacent landscape buffer and its screening.
2. A greenbelt shall be an area suitably landscaped consistent with the standards set forth
herein and shall be otherwise unoccupied except for steps, walks, terraces, lighting
standards, and other similar structures (excluding parking area). Innovative treatments
are to be especially encouraged in this area.
5 Section 18.06 amended per Ordinance No. Z- 365 -01; Z- 453 -04, §au -aw.
Chapter 18: B -7 /Business District
18 -4
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
•
•
CARMEL 0000206
CITY OF CARMEL ZONING ORDINANCE
3. Where a lot or parcel of ground in the B -7 District abuts a public street or thoroughfare,
the Landscape Plan for the site shall include a landscaped area along and immediately
adjacent to said street or thoroughfare. This planting area shall provide for shade trees to
be planted approximately every fifty (50) feet. The shade trees distance from the right -
of -way and spacing should be approved in accordance with the particular property's
characteristics and the needs of the particular proposed use.
18.06.03Landscape Standards:
1. The interior dimensions, specifications and design of any planting area or planting
median proposed to be constructed shall be sufficient to protect the landscaping materials
planted therein and to provide for proper growth.
2. The primary landscaping materials used in the Greenbelt shall be shade trees, ornamental
trees, shrubs, ground covers, grass, mulches, etc.
3. The primary landscaping materials used in and around private parking areas shall be trees
which provide shade at maturity. Shrubbery, hedges, and other planting material may be
used to complement tree landscaping, but shall not be the sole contribution to the
landscaping.
4. All shade trees proposed to be used in accordance with any Landscaping Plan shall at the
time of planting be a minimum of eight to ten feet in overall height and have a minimum
trunk diameter, twelve (12) inches above the ground, of two and one -half inches (2'h ").
They should be of a variety which will attain an average mature spread greater than
twenty (20) feet.
5. Landscaping materials selected should be appropriate to local growing and climatic
conditions. Wherever appropriate, existing trees should be conserved and integrated into
the Landscaping Plan.
18.06.04Landscaping Installation and Maintenance:
1. Installation: All required landscaping shall be installed prior to the issuance of a
Certificate of Occupancy by the Director. If it is not possible to install the required
landscaping because of weather conditions, the property owner shall post a bond for an
amount equal to the total cost of the required landscaping prior to the issuance of the
Final Certificate of Occupancy.
2. Maintenance: It shall be the responsibility of the owners and their agencies to insure
proper maintenance of the landscaping in accordance with the standards set by this
Ordinance. This is to include, but is not limited to, replacing dead plantings with
identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
3. Changes After Approval: No landscaping which has been approved by the Commission
may later be altered, eliminated or sacrificed without first obtaining further Commission
approval.
4. Inspection: The Director, or his duly appointed representative, shall have the authority to
visit any lot within the B -7 District to inspect the landscaping and check it against the
approved plan on file.
18.07 Storage, Display and Refuse.'
All storage, display and refuse shall be completely enclosed in a Principal or Accessory Building.
6 Section 18.07 amended per Ordinance No. Z- 453 -04, fax.
Chapter 18: B- 7/Business District
18 -5
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000207
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 18: B- 7BUSINESS DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27, 2001
18.02; 18.06.04(1);
18.08.03
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
18.00.02; 18.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
18.01; 18.02
Autumn 2003 v
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
18.00.99; 18.02;
18.06.01; 18.06.04;
18.07; 18.08
Summer 2004 vi
Chapter 18: B-7/Business District
18 -6
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
•
CARMEL 0000208
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 19: B-8/BUSINESS DISTRICT
19.00 B-8/Business District.
19.01 Permitted Uses.
19.02 Special Uses & Special Exceptions.
19.03 Accessory Buildings and Uses.
19.04 Height and Area Requirements.
19.05 Parking and Loading Berth Requirements.
19.06 Landscaping Requirements.
19.07 Lighting.
19.08 Signs.
19.09 Emergency Access.
19.00 B -8 /Business District.'
19.00.01 Purpose and Intent.
The purpose of this district is to provide for a variety of commercial and office uses to be
developed in a shopping center type environment which may include one or more unified
shopping centers and/or one or more commercial and office buildings.
19.00.02Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the B -8 District prior to the
issuance of an Improvement Location Permit by the Department. See Section 24.02:
Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review
the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
application of any proposed use of any Lot or parcel of ground within the B -8 District
prior to the issuance of an Improvement Location Permit by the Department. Once
approved by the Commission the Architectural Design, Exterior Lighting, Landscaping
and Signage (ADLS) shall not be materially or substantially changed or altered without
the prior approval of the Commission.
19.00.03 Tract Requirements. The district shall be established in areas where all utilities (public water
supply, sanitary sewers and storm sewers) are available or are to be provided to the entire
development. All streets and roads located in the B -8 District, whether dedicated or
undedicated, shall be built according to existing Carmel standards including provision of
appropriate right -of -way on undedicated streets and roads, except for traffic patterns which are
merely painted on a parking lot surface. The requirements of this Section 19.00.02
1 Section 19.00 amended per Ordinance No. Z- 365 -01; Z- 369 -02, §ag -ah; Z- 453 -04, §az -ba.
Chapter 19: B-8/Business District
19 -1
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000210
CITY OF CARMEL ZONING ORDINANCE
notwithstanding, the streets and roads constructed and in use as of December 1, 1982, are not
subject to the provisions of Section 19.00.02.
19.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See
Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS).
19.01 Permitted Uses:2
See Appendix A: Schedule of Uses.
19.01.01 Minimum Area Requirements: None.
19.01.02 Other Requirements:
Use Other Requirements:
Dry cleaning establishment
Photo pick -up station (drive -
through type)
Units with a maximum rated
capacity of 80 lbs. using
non - explosive and non-
flammable liquids
Drive through lane space: four
(4) cars per window
19.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
19.02.01 Minimum Area Requirements: None.
19.02.02 Other Requirements: Same as B -4 District regulations of Section 15.02.02.
19.03 Accessory Buildings and Uses.4 See also Section 25.01.
Accessory Buildings and Uses customarily and purely incidental to the uses allowed in this district are
permitted contingent upon Commission approval (see Section 19.00.03) and under the following
conditions:
1. provided that the building materials and color are compatible with those of the Principal
Building.
19.04 Height and Area Requirements. (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional requirements.)
19.04.01 Maximum Height: Fifty (50) feet.
2 Section 19.01 amended per Ordinance No. Z- 415 -03, §ap.
3 Section 19.02 amended per Ordinance No. Z- 365 -01; Z- 415 -03, §ag; Z- 453 -04, §bb.
4 Section 19.03 amended per Ordinance No. Z- 369 -02, §ai; Z- 453 -04, §bc.
Chapter 19: B- 8/Business District
19 -2
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v1
•
•
•
CARMEL 0000211
CITY OF CARMEL ZONING ORDINANCE
19.04.02Minimum Front Yard: Twenty-five (25) feet.
19.04.03Minimum Side Yard: Ten (10) feet.
19.04.04Minimum Rear Yard: Ten (10) feet.
19.05 Parking and Loading Berth Requirements.' (See Chapter 27: Additional Parking & Loading
Requirements for additional requirements.)
19.05.01 The parking requirements of Chapter 27: Additional Parking & Loading Regulations
notwithstanding, if the structure is located in an area where common parking is available to the
users of the facility, then parking can be reduced by the amount of common parking spaces
which can reasonably be allocated to the facility. A Parking Plan showing roadways, entrances,
exits and common area parking in relation to all structures shall be filed and approved by the
Commission.
19.05.02The loading requirements of Chapter 27: Additional Parking & Loading Regulations
notwithstanding, loading berths and trash collection areas shall be permitted per the demand of
the business establishments and shall be identified on the Site Plan. A Loading Plan shall be
filed and approved by the Commission. Trash collection areas shall be properly screened and
enclosed.
19.06 Landscaping Requirements.6
Where a lot or parcel of ground used for business purposes in the B -8 District abuts, or adjoins across a
street (adjoining across a limited access highway is excluded), a parcel zoned or used for residential
purposes, a greenbelt or lawn area with a minimum width of thirty (30) feet shall be provided along the
abutting or adjoining property line. A planting screen, consisting of suitable shrubbery, shall be planted
at the time of construction of, or conversion to, a business activity and shall be maintained in order to
provide effective screening at all times during the year. The shrubbery may be planted informally or in
rows and shall screen parking areas, outside storage areas, loading berths, trash and refuse containers and
so forth from abutting and adjoining residential properties. Vision clearance on corner lots and at the
intersections of streets and driveways shall be observed and maintained. No accessory buildings or uses
may be erected or pursued within the required greenbelt or lawn area with the exception of sidewalks,
decorative or protective items, other landscaping items and signage as permitted by the Sign Ordinance.
Additional landscaping (such as street trees) may be required by the Plan Commission in order to
maintain area -wide uniformity. A Landscape Plan shall be submitted concurrent with the Site Plan.
19.07 Lighting.
All lighting standards within the development shall be of uniform design and materials. Parking lot and
street lights shall also be of uniform height. All lights shall be of a "down lighting" type with the light
element completely shielded on all sides and top. A Lighting Plan shall be submitted concurrent with the
Site Plan.
5 Section 19.05 amended per Ordinance No. Z- 453 -04, bbd.
6 Section 19.06 amended per Ordinance No. Z- 453 -04, §be.
Chapter 19: B-8/Business District
19 -3
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000212
CITY OF CARMEL ZONING ORDINANCE
19.08 Signs.'
All signs shall conform to the Sign Ordinance. Signs for each proposed use shall be uniform in character
as to color and architectural design as approved by the Commission. A Sign Plan shall be submitted
concurrent with the Site Plan.
19.09 Emergency Access.'
Adequate emergency access space shall be provided to the side and rear of all Principal Buildings located
within the district. All emergency access areas and facilities shall be shown on the Site Plan and
reviewed by the Carmel Chief of Police and Carmel Fire Chief.
' Section 19.08 amended per Ordinance No. Z- 453 -04, Of
8 Section 19.09 amended per Ordinance No. Z- 453 -04, §bg.
Chapter 19: B -8 /Business District
19 -4
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
•
•
CARMEL 0000213
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 19: B -8 /BUSINESS DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 365 -01
76 -01a OA
November 5, 2001
November 27, 2001
19.00.03; 19.02
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
19.00.02; 19.00.03;
19.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
19.01; 19.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
19.00.02; 19.00.99;
19.02; 19.03; 19.05;
19.06; 19.08; 19.09
Summer 2004 vl
Chapter 19: B-8/Business District
19 -5
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000214
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 20A: I- 1/INDUSTRIAL DISTRICT
20A.00 T -1 /Industrial District
20A.01 Permitted IJses.
20A.02 Special 1 Tses & Special Exceptions
20A.03 Accessory Buildings and 1 Tses
20A.04 Height and Area Requirements
20A.05 Parking and Loading Berth Requirements
20A.06 Emission Standards
20A.00 I -1 /Industrial District.'
20A.00.01 Purpose and Intent
The purpose of this district is to provide for a wide variety of industrial, commercial and office
uses, but to restrict or prohibit those industries which have characteristics likely to produce serious
adverse effects within or beyond the limits of the district. The intention of this district is to
preserve the land in the district for industrial, commercial, and office uses and to exclude
residential use. However, no new such districts shall be created after August 18, 1982, in
accordance with amending Ordinance No. Z -184.
20A.00.02 Plan Commission Approval
A. Development Plan The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground located within the corporate limits of the
City of Carmel, Indiana, and within the I -1 District prior to the issuance of an
Improvement Location Permit by the Department. Once approved by the Commission
the Development Plan (DP) shall not be materially or substantially changed or altered
without the prior approval of the Commission. The Development Plan shall address the
comprehensive arrangement of land uses, buildings, landscape areas, road and parking
areas in accordance with harmonious and aesthetic principles of the ADLS.
B. Architectural Desigp, Exterior bighting, Landscaping and Signage To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground located within the corporate limits of
the City of Carmel, Indiana, and within the I -1 District prior to the issuance of an
Improvement Location Permit by the Department. Once approved by the Commission
the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not
be materially or substantially changed or altered without the prior approval of the
Commission.
1 Section 20A.00 amended per Ordinance No. Z- 411 -03, §a; Z- 453 -04, §bh.
Chapter 20A: I- 1/Industrial District
20A -1
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 411 -03; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000216
CITY OF CARMEL ZONING ORDINANCE
20A.00.99 Application Procedure
A. Development Plan See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Tighting, Landscaping and Signage (ADLS) See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
20A.01 Permitted Uses:2
See Appendix A: Schedule of Uses.
20A.01.01
20A.01.02
Minimum Area Requirements. None.
Other Requirements. None.
20A.02 Special IJses & Special Exceptions'
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
20A.02.01 Minimum Area Requirements-
Ilse Minimum Area
(Acres)
Junk or material and/or salvage
yard
Penal or correctional institution
Commercial sanitary landfill or
refuse dump
20A.02.02 Other Requirements. None.
Ten (10)
Eighty (80)
Forty (40)
20A.03 Accessory Buildings and TJses.4 See also Section 25.01.
20A.04 Height and Area Requirements. (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional requirements.)
20A.04.01 Maximum Height Sixty (60) feet.
20A.04.02 Minimum Front Yard. Fifteen (15) feet.
20A.04.03 Minimum Side Yard-
1. Industrial or Business use or zoning abutting premises: None;
2. Residential use or zoning abutting premises: Five (5) feet.
20A.04.04 Minimum Rear Yard- Fifteen (15) feet.
20A.04.05 Maximum T.ot Coverage- Ninety percent (90 %) of the lot.
2 Section 20,4.01 amended per Ordinance No. Z -320; Z- 415 -03, §ar.
3 Section 20A.02 amended per Ordinance No. Z -320; Z- 365 -01; Z- 415 -03, §as; Z- 453 -04, §bi.
4 Section 20A.03 amended per Ordinance No. Z- 369 -02, §aj.
Chapter 20A: I -1 /Industrial District
20A -2
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 411 -03; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
CARMEL 0000217
CITY OF CARMEL ZONING ORDINANCE
20A.05 Parking and Loading Berth Requirements. (see Chapter 27: Additional Parking &
Loading Regulations for additional requirements):
20A.05.01 All commercial, industrial and warehouse and storage facilities:
1. 3,000 - 15,000 square feet of gross floor area: One (1) berth.
2. 15,001 - 40,000 square feet of gross floor area: Two (2) berths.
3. Each additional 40,000 square feet: One (1) additional berth.
20A.05.02 Office Buildings:
1. 100,000 or less square feet gross floor area: One (1) berth.
2. 100,001 - 300,000 square feet gross floor area: Two (2) berths.
3. Each 200,000 additional square feet: One (1) additional berth.
20A.06 Emission Standards.
20A.06.01 Fire Hazards. The storage, utilization or manufacture of solid materials or products
ranging from incombustible to moderate burning is permitted. The storage, utilization or
manufacture of solid materials or products ranging from free or active burning to intense burning
is permitted provided that said materials shall be stored, utilized or manufactured in a manner
approved by the State Fire Marshall and the State Administrative Building Council.
The storage, utilization or manufacture of flammable liquids or gases which produce flammable or
explosive vapors shall be permitted in accordance with the following standards, exclusive of
storage of finished products in original sealed containers:
Total capacity of flammable materials permitted (gallons).*
Industries engaged in storage
apd distribution storage and
distribution of such materials
Materials having a flash point
above 190° F
From and including 105° F to
and including 190° F
Materials having a flash point
below 105° F
Above ground 1 Jnderground
100,000 400,000
50,000 200,000
20,000 100,000
Chapter 20A: I -1 /Industrial District
20A -3
as amended per Z- 320; Z- 365 -01; Z- 369 -02; Z- 411 -03; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000218
CITY OF CARMEL ZONING ORDINANCE
Industries engaged utilization
and manufacture of flammable
materials Above ground I Tndergronnd
Materials having a flash point 50,000 400,000
above 190° F
From and including 105° F to 10,000 200,000
and including 190° F
Materials having a flash point 5,000 100,000
below 105° F
*When flammable gases are stored, utilized or manufactured and measured in cubic feet, the
quantity in cubic feet (at S.T.P.) permitted shall not exceed three hundred (300) times the gallon
quantities listed above.
20A.06.02 Water Pollution No operation or activity permitted in the I -1 District shall discharge, or
cause to be discharged, liquid or solid wastes into public waters unless in compliance with the
provisions of the Stream Pollution Control Law of the State of Indiana (Chapter 214, Acts of
1943, as amended) and the regulations promulgated thereunder. Plans and specifications for
proposed sewage and industrial waste treatment and disposal facilities shall be submitted to and
approval obtained from the Stream Pollution Control Board of the State of Indiana, as well as the
approval of the appropriate authority accepting the waste materials.
20A.06.03 Explosive Materials No activity involving the storage, utilization or manufacture of
materials or products which decompose by detonation shall be permitted unless specifically
licensed by the City of Carmel. Such activity shall be conducted in accordance with the rules
promulgated by the State Fire Marshall and the State Administrative Building Council. Said
materials shall include, but are not limited to, all primary explosives such as lead o zide, lead
styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and
picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron
hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder,
potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine;
unstable organic compounds such as acetylides, telrazoles and ozonides; strong oxidizing agents
such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in
concentrations greater than thirty-five percent (35 %); and, nuclear fuels and fissionable materials
and products including reactor elements such as Uranium 235 and Plutonium 239.
The restrictions of this Section shall not apply to:
1. the activities of site preparation or construction, maintenance, repair, alteration,
modification or improvement of buildings, equipment or other improvements located on
the premises;
2. the operation of motor vehicles or transportation facilities;
3. conditions beyond the control of the user such as fire, explosion, accidents, failure or
breakdown of equipment or facilities or emergencies; and
4. safety or emergency warning signals or alarms necessary for the protection of life, limb
or property.
Chapter 20A: I -1 /Industrial District
20A -4
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 411 -03; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
CARMEL 0000219
•
•
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 20A: I -1 /INDUSTRIAL DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
July 11, 1997
July 11, 1997
20A.01; 20A.02
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27, 2001
20A.02
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
20A.03
Suring 2002 v2
Z- 411 -03
95 -03 OA
July 21, 2003
August 20, 2003
20A.00.02
Summer 2003 vl
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
20A.01; 20A.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
20A.00.99; 20A.02
Summer 2004 vl
Chapter 20A: I -1 /Industrial District
20A -5
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 411 -03; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000220
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 20B: M -1 /MANUFACTURING DISTRICT
20B.00 M -1 /Manufacturing District
20B.01 Permitted T Jses.
20B.02 Special T Jses & Special Exceptions
20B.03 Accessory Buildings and T Jses
20B.04 Height and Area Requirements
20B.05 Parking and Loading Berth Requirements
20B.06 Performance Standards
20B.07 T andscaping Requirements
Chart A Maximum Allowed Noise 1,evels
20B.00 M -1 /Manufacturing District.'
20B.00.01 Purpose and Intent
The purpose of the M -1 Manufacturing District is to create and protect areas for manufacturing
establishments which may be characterized by objectionable factors which are exceedingly
difficult to eliminate because of specific manufacturing techniques. These industries therefore
require large sites buffered by sufficient land areas in order to be isolated from non - compatible
uses because of heavy traffic generation, open storage of materials and possible emission of noise,
glare, dust, odor, smoke or other offensive characteristics. This district is intended to insure
proper design, placement and grouping of manufacturing concerns within the community so as not
to create a nuisance to other surrounding land uses. Land to be placed in this district is intended
to have generally level topography, public utilities (sewer, water, etc.) and major transportation
facilities readily available. This district should be buffered as much as possible from undeveloped
commercial and residential districts. Establishment of the M -1 District directly adjacent to an
established or platted residential subdivision should be avoided. No M -1 District should be
created within one hundred fifty feet (150') of an established or platted residential subdivision.
Vehicular traffic serving the M -1 District should not be routed into or through a residential
development or onto a street serving a school or community facility. Truck traffic serving the M-
1 District should be prohibited from using surrounding residential streets.
20B.00.02 Plan Commission Approval
A. Development Plan The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the M -1 District prior to the issuance
of an Improvement Location Permit by the Department. See Section 24.02: Development
Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the M -1 District prior to the
' Section 20B.00 amended per Ordinance No. Z- 453 -04, §bj -bk.
Chapter 20B: M- 1/Manufacturing District
20B -1
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000222
CITY OF CARMEL ZONING ORDINANCE
20B.00.99
issuance of an Improvement Location Permit by the Department. See Section 24.0.3:
Architectural Design, Exterior Lighting, Landscaping and Signage.
Application Prorednre
A. Development Plan See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, landscaping and Signage (ADLS) See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
20B.01 Permitted IJses,:2
See Appendix A: Schedule of Uses.
20B.01.01
20B.01.02
20B.02
A.
B.
Ilse
Minimum Area Requirements. None.
Other Requirements.
1. Commercial (retail or wholesale)
sale of products manufactured
and/or assembled within the
same building or building
complex
Other requirements;
Floor space of sale area shall
not exceed ten percent
(10 %) of area devoted to
actual manufacturing or the
assembly of products
Special Uses & Special Exceptions :3
See Appendix A: Schedule of Uses.
See Chapter 21: Special Uses & Special Exceptions for additional regulations.
2 Section 20B.01 amended per Ordinance No. Z- 415 -03, §at.
3 Section 20B.02 amended per Ordinance No. Z -320; Z- 365 -01; Z- 415 -03, §au; Z- 453 -04, §bl.
Chapter 20B: M- 1/Manufacturing District
20B -2
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
•
CARMEL 0000223
CITY OF CARMEL ZONING ORDINANCE
20B.02.01 Minimum Area RequirementR-
Ilse Minimum Area
(Acres)
1. Commercial sewage, trash or
garbage disposal or recycling
plant
Ten (10)
2. Mineral extraction operations Fifty (50)
including sand, gravel, soil,
aggregate and all related
processing operations
3. Open hearth and blast furnace, Fourteen (14)
coke ovens, brick yards and kilns
4. Power generating plant Ten (10)
5. Sexually oriented business Three (3)
6. Storage, utilization or Ten (10)
manufacture of explosive
materials (does not include
petroleum products)
Also, same as I -1 District regulations of Section 20A.02.01.
Chapter 20B: M- 1/Manufacturing District
20B -3
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000224
CITY OF CARMEL ZONING ORDINANCE
20B.02.02
Ilse
Other Requirements-
1. Commercial sanitary landfill or
refuse dump
2. Commercial sewage, trash or
garbage disposal or recycling
plant
3. Junk or material and/or salvage
yard or storage of material not
manufactured or assembled on-
site
4. Mineral extraction operations
including sand, gravel, soil,
aggregate and all related
processing operations
5. Open hearth and blast furnace,
coke ovens, brick yards and kilns
6. Penal or correctional institution
7. Power generating plant
8. Sexually oriented business
9. Storage, utilization or
manufacture of explosive
materials (does not include
petroleum products)
10. Storage, utilization or
manufacture of flammable
liquids or gases other than those
used by the manufacturing
establishments in their
operational activities
Other requirements:
The requirements listed in
Section 20B.04 and Section
20B.07 shall be increased by
fifty percent (50 %)
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
Same as above.
The requirements listed in
Sections 20B.04.02,
20B.04.03, and 20B.07 shall
be increased by fifty percent
(50 %)
Same as above.
Same as above.
20B.03 Accessory Buildings and Uses!' See also Section 25.01.
20B.04 Height and Area Requirements. (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional requirements.)
20B.04.01
Maximum Height: Sixty (60) feet.
4 Section 2013.03 amended per Ordinance No. Z- 369 -02; §ak.
Chapter 20B: M- 1/Manufacturing District
20B -4
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
•
CARMEL 0000225
CITY OF CARMEL ZONING ORDINANCE
20B.04.02 Minimum Front Yard. Fifty (50) feet.
20B.04.03 Minimum Side and Rear Yard-
1. Next to Existing Residence(s): One hundred fifty (150) feet or three (3) times building
height, whichever is greater.
2. Next to Undeveloped Zoned Residential District or Development: One hundred (100)
feet or three (3) times building height, whichever is greater.
3. Next to Zoned Business District or Development: Seventy -five (75) feet.
4. Next to Zoned Manufacturing District or Development: Five (5) feet.
208.04.04 Maximum Lot Coverage• all uses ninety percent (90 %) of the lot. In no instance shall
more than ninety percent (90 %) of the land area be developed by uses permitted in the M -1
District, including buildings, paved or unpaved parking areas, storage areas, etc.
20B.05 Parking and Loading Berth Requirements. (See Chapter 27: Additional Parking &
Loading Regulations for additional requirements.)
20B.05.01 All commercial! industrial and storage facilities except office buildings•
1. 5,000 - 20,000 square feet of Gross Floor Area: One (1) berth (loading dock or ground
level loading door).
2. 20,001 - 50,000 square feet of Gross Floor Area: Two (2) berths (loading docks or
ground level loading doors).
3. Each additional 50,000 square feet: one (1) additional berth (loading docks or ground
level loading doors).
20B.05.02 Office buildings.
1. 100,000 or less square feet gross floor area: One (1) berth.
2. 100,001 - 300,000 square feet gross floor area: Two (2) berths.
3. Each 200,000 additional square feet: One (1) additional berth.
20B.06 Performance Standards. No land or building in this district shall be used or occupied in
any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or
condition.
20B.06.01 Fire Hazards Any activity involving the use of flammable or explosive materials shall
be protected by adequate fire fighting and fire suppression equipment and by such safety devices
as are normally used in the handling of any such material. All requirements of the State Fire
Marshall shall be followed.
20B.06.02 Radioactivity or Electrical Disturbances No activity shall emit any radioactivity or
electrical disturbance at or beyond the property line of said manufacturing establishment. All
requirements of the State Fire Marshall, Indiana State Board of Health, Administrative Building
Council and the Indiana Air Pollution Control Board shall be followed.
20B.06.03 Noise No noise shall be discernible at or beyond the property line of said manufacturing
establishment, except during construction operations, in excess of the following: (See Chart A).
Air raid sirens and related apparatus used solely for public purposes are exempt from this
requirement. All requirements of the Indiana State Board of Health and the Administrative
Building Council shall be followed.
Chapter 20B: M- 1/Manufacturing District
20B -5
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000226
CITY OF CARMEL ZONING ORDINANCE
20B.06.04 Vibration No vibration shall be permitted which is discernible without instruments at
the property line.
20B.06.05 Air Pollution No harmful air pollution shall be discernible by sight, smell or testing at
the property line. All requirements and regulations established by the Air Pollution Control Board
and the Indiana State Board of Health shall be followed.
20B.06.06 Glare No direct or reflected glare in excess of 0.1 footcandle of light (lights, fire, etc.)
shall be permitted which is visible from any property adjacent or from any public street, road or
highway.
20B.06.07 Erosion No erosion, by either wind or water, shall be permitted which will carry
substances onto neighboring properties. All requirements of the Indiana State Board of Health,
the Indiana Department of Natural Resources and Hamilton County Soil and Water Conservation
District shall be followed.
20B.06.08 Water Pollution Water pollution shall be subject to all requirements and regulations
established by the Indiana State Board of Health, Hamilton County Health Department, the
Indiana Department of Natural Resources and the Indiana Stream Pollution Control Board.
20B.07 i,andscaping Regnirements.5
20B.07.01 Building (Front)- A landscaped and maintained yard area shall be provided adjacent to
the front of the building which is equal to an area that runs the entire length of the front of the
building and the depth shall be a distance of not less than twenty-five percent (25 %) of the height
of the building.
20B.07.02 Front Landscaped Yard. A fifteen -foot (15') landscaped and maintained yard area,
composed of trees not less than two and one -half inches (2'/2 ") dbh and spaced fifty feet (50') on
center, shall be provided next to (an) existing residence(s) or a platted residential subdivision
unless otherwise determined by the Director or unless otherwise required by the Board for Special
Uses. -
20B.07.03 Side and Rear landscaped Yards. A landscaped and maintained yard area shall be
provided, including a solid visual buffer or screen of at least five (5) feet in height next to (an)
existing residence(s) or a platted residential subdivision, as follows:
1. Next to (an) Existing Residence(s) or a Platted Residential Development: Forty (40) feet.
2. Next to Undeveloped Zoned Residential District: Thirty (30) feet.
3. Next to Zoned Business District or Development: Fifteen (15) feet.
4. Next to Zoned Manufacturing District or Development: Five (5) feet.
20B.07.04 T.andscaping installation and Maintenance-
1. installation All required landscaping shall be installed prior to the issuance of a
Certificate of Occupancy by the Director. If it is not possible to install the required
landscaping because of weather conditions, the property owner shall post a bond for an
amount equal to the total cost of the required landscaping prior to the issuance of the
Final Certificate of Occupancy.
2. Maintenance It shall be the responsibility of the owners and their agencies to insure
proper maintenance of the landscaping in accordance with the standards set by this
Ordinance. This is to include, but is not limited to, replacing dead plantings with
identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
5 Section 20B.07 amended per Ordinance No. Z- 365 -01; Z- 453 -04, §bm -bn.
Chapter 20B: M- 1/Manufacturing District
20B -6
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
•
CARMEL 0000227
CITY OF CARMEL ZONING ORDINANCE
CHART A:
MAXIMUM ALLOWED NOISE LEVELS
OCTAVE -BAND
CENTER
FREQUENCY
(HERTZ)
PIANO
NOTES
RANGE
MAXIMUM
SPL
(DECIBELS)
AT A
BOUNDARY
DISTANCE
GIVEN
ENVIRONMENTAL
31.5
(Bo - C1)
80
Light trucks in
city 20'
Offices with tabulating
machines
63
(B1 - C2)
79
Light trucks in
city 20'
Offices with tabulating
machines
125
(B2 - C3)
75
Conversational
Speech 3'
Average Traffic 100'
250
(B3 - C4)
69
Conversational
Speech 3'
Average Traffic 100'
Accounting Offices:
500
(B4 - C5)
63
15,000 KVA 115
KV Transformer
at 200'
1000
(B5 - C6)
57
15,000 KVA 115
KV Transformer
at 200'
2000
(B6 - C7)
52
Private Business
Offices, Light Traffic
Average Residence:
4000
(B7 - C8)
48
Private Business
Offices, Light Traffic
8000
( - )
45
Chapter 20B: M- 1/Manufacturing District
20B -8
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
•
CARMEL 0000229
•
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 20B: M -1 /MANUFACTURING DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
July 11, 1997
July 11, 1997
Z- 365 -01
76 -01a OA
November 5, 2001
November 27, 2001
20B.02; 20B.02.01;
20B.02.02;
20B.07.02;
20B.07.04(1)
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
20B.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
20B.01; 20B.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
20B.00; 20B.02;
20B.07
Summer 2004 vl
Chapter 20B: M- 1/Manufacturing District
20B -9
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000230
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 20C: M -2 /MANUFACTURING DISTRICT
REPEALED PER ORDINANCE No. Z- 453 -04
20C.00 M- 2/Mamlfacttrring District
20C.01 Permitted Uses
20C.02 Special T Jses
20C.03 Accessory Buildings and I Jses
20C.04 Height and Area Requirements
20C.05 Parking and T,oading Berth Requirements
20C.06 Performance Standards
20C.07 I andscaping Requirements
rn:�n�sr nu.,ur. 14.'611wN.i a:+ni.HI
Chapter 20C: M- 2/Manufacturing District
20C -1
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; repealed per Z- 453 -04
effective August 16, 2004
Summer 2004 vl
CARMEL 0000232
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 20C: M- 2/MANUFACTURING DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -184
7 -82 Z
July 19, 1982
July 19, 1982
20C adopted
Z -320
July 11, 1997
July 11, 1997
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27, 2001
20C.02; 20C.07.02;
20C.07.04(1)
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
20C.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
20C.01; 20C.02
Autumn 2003 vi
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
Chapter Repealed
Chapter 20C: M- 2/Manufacturing District
20C -2
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; repealed per Z- 453 -04
effective August 16, 2004
Summer 2004 vl
•
CARMEL 0000233
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 20D: M- 3/MANUFACTURING PARK DISTRICT
20D.00 M-3/Manufacturing Park District
20D.01 Permitted I Jses
20D.02 Special TTses & Special Exceptions
20D.03 Accessory Ruildings and T Jses
20D.04 Height and Area Requirements.
20D.05 Parking and Loading Berth Requirements
20D.06 Performance Standards
20D.07 Landscaping Requirements
20D.08 Fencing
20D.09 Streets and Roads
Chart B Off -site Adjacent T Tses (Developed, Platted or Zoned) & Adjacent T Tses within the M -3 District
20D.00 M- 3/Manufacturing Park District.'
20D.00.01 Purpose and Intent
The purpose of the M -3 Manufacturing Park District is to create and protect land areas for the
development of unified preplanned manufacturing and other compatible land uses within a park-
like setting. All activities associated with manufacturing, commercial, warehousing,
transportation, service, office and residential activities shall be conducted within completely
enclosed buildings in such a manner that any nuisance factors are not emitted outside the building.
Solid visual screening of the outside activities including, but not limited to, storage and trash
collection areas shall be included. It shall be a requirement of all preplanned manufacturing parks
to be reviewed and approved by the Commission. A Development Plan shall address the
comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in
accordance with harmonious and aesthetic principles of architecture, design, sign and industrial
management. Land areas to be rezoned M -3 shall be served by public utilities (sewer, water, etc.).
20D.00.02 Plan Commission Approval
A. Development Plan The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the M -3 District prior to the issuance
of an Improvement Location Permit by the Department. See Section 24.02: Development
Plan.
B. Architectural Design, Exterior T,igliting, Landscaping and Signagi To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the M -3 District prior to the
issuance of an Improvement Location Permit by the Department. See Section 24.03:
Architectural Design, Exterior Lighting, Landscaping and Signage.
1 Section 20D.00 amended per Ordinance No. Z- 453 -04, §bq-bs.
Chapter 20D: M- 3/Manufacturing District
20D -1
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000235
CITY OF CARMEL ZONING ORDINANCE
20D.00.99 Application Procedure
A. Development Plan See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADT.S) See Section
24.99(B). Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
20D.01 Permitted tJseS:2
See Appendix A: Schedule of Uses.
20D.01.01 Minimum Area Requirements None.
20D.01.02 Other Requirements•
T Jse Other requirements.
1. Commercial (Retail) Sales
2. Residential
Limited to twenty percent
(20 %) of the total gross area
of the M -3 District
Limited to twenty percent
(20 %) of the total gross area
of a specific M -3 District
and limited to a density of
ten (10) dwelling units per
acre
20D.02 Special Uses & Special Exceptions.'
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
20D.02.01 Minimum Area Requirements- None.
20D.02.02 Other Requirements. None.
20D.03 Accessory Ruilding,c and Uses!' See also Section 25.01.
20D.04 Height and Area Requirements. (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional requirements.)
20D.04.01 Maximum Height
1. Adjacent to an existing or platted residence or residential subdivision: Thirty (30) feet
2. Adjacent to all other uses: Fifty (50) feet
20D.04.02 Minimum 1 of Frontage.
1. Residential use: Sixty (60) feet
2 Section 20D.01 amended per Ordinance No. Z- 415 -03, §ax.
3 Section 20D.02 amended per Ordinance No. Z -320; Z- 365 -01; Z- 415 -03, §ay; Z- 453 -04, §bt.
4 Section 20D.03 amended per Ordinance No. Z- 369 -02, §am.
Chapter 20D: M- 3/Manufacturing District
20D -2
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
•
•
•
CARMEL 0000236
CITY OF CARMEL ZONING ORDINANCE
2. All other uses: One hundred (100) feet
20D.04.03 Minimum T,ot Size•
1. Residential use: Ten thousand (10,000) square feet with public sewer and water
2. All other uses: Twenty thousand (20,000) square feet per Principal Building
20D.04.04 Maximum Lot Coverage. Eighty percent (80 %).
20D.04.05 Minimum Area of an M -3 District. Ten (10) acres.
20D.04.06 Minimum Manufacturing Park District Perimeter Setback and Landscaped Yard
Requirements. (See Chart B).
20D.05 Parking and Loading Berth Requirements. (See Chapter 27: Additional Parking &
Loading Regulations for additional requirements.)
20D.05.01 All commercial, industrial and storage facilities except office buildings.
1. 5,000 - 20,000 square feet of gross floor area: One (1) berth (loading dock or ground
level loading door).
2. 20,001 - 50,000 square feet of gross floor area: Two (2) berths (loading docks or ground
level loading doors).
3. Each additional 50,000 square feet: One (1) additional berth (loading docks or ground
level loading doors).
20D.5.2 Office buildings-
1. 100,000 or less square feet gross floor area: One (1) berth
2. 100,001 - 300,000 square feet gross floor area: Two (2) berths.
3. Each 200,000 additional square feet: One (1) additional berth.
20D.06 Performance Standards: Same as M -1 District regulations of Section 20B.06.
20D.07 Landscaping Requirements.s
20D.07.01 Building (Front): A landscaped and maintained yard area shall be provided adjacent to
the front of the building which is equal to an area that runs the entire length of the front of the
building and the depth shall be a distance of not less than twenty-five percent (25 %) of the height
of the building.
20D.07.02 Front Landscaped Yard. A fifteen -foot (15') landscaped and maintained area, composed
of trees not less than two and one -half inches (21/2") dbh and spaced fifty (50) feet on center) shall
be provided unless otherwise determined by the Commission or unless otherwise required by the
Board for Special Uses.
20D.07.03 Side and Rear Landscaped Yards- A landscaped and maintained yard area shall be
provided, including a solid visual buffer or screen of at least five (5) feet in height, where required
(see Chart B).
5 Section 20D.07 amended per Ordinance No. Z- 365 -01; Z- 453 -04, §bu.
Chapter 20D: M- 3/Manufacturing District
20D -3
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000237
CITY OF CARMEL ZONING ORDINANCE
20D.07.04 Landscaping installation and Maintenance.
1. installation All required landscaping shall be installed prior to the issuance of a
Certificate of Occupancy by the Director. If it is not possible to install the required
landscaping because of weather conditions, the property owner shall post a bond for an
amount equal to the total cost of the required landscaping prior to the issuance of the
Final Certificate of Occupancy.
2. Maintenance It shall be the responsibility of the owners and their agencies to insure
proper maintenance of the landscaping, in accordance with the standards set by this
Ordinance. This is to include, but is not limited to, replacing dead plantings with
identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
20D.08 Fencing.
20D.08.01 Maximum Height
1. Front Yard: Four (4) feet
2. Side and Rear Yard: Eight (8) feet
20D.08.02 Materials. Shall be approved by the Commission at the time of final Development Plan
approval.
20D.08.03 Chain Link Fence Shall not be allowed adjacent to (an) existing residence(s) or
residential subdivision unless a solid buffer is provided on the residential side of the fence.
20D.09 Streets and Roads.
20D.09.01 Vehicular traffic serving the M -3 District should not be routed into or through a
residential development or onto a street serving a school or community facility.
20D.09.02 Truck traffic serving the M -3 District should be prohibited from using surrounding
residential streets.
20D.09.03 The main access road serving an M -3 District should connect directly with the nearest
major highway (US 421, US 31 and SR 431), unless otherwise indicated by the traffic study
required in Section 24.07.01. The main access road shall be constructed prior to any building
permits being issued within the M -3 District.
20D.09.04 Buildings within the M -3 District which will front on an existing road should be served
using frontage roads. New roads to be constructed within the M -3 District should have a
minimum distance of five hundred (500) feet between all curb cuts. Wherever possible alignment
of curb cuts shall be encouraged.
Chapter 20D: M- 3/Manufacturing District
20D -4
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
•
CARMEL 0000238
•
CITY OF CARMEL ZONING ORDINANCE
CHART R.
OFF - SITE ADJACENT USES (Developed, Platted or Zoned)
AND
ADJACENT USES WITHIN THE M -3 DISTRICT
ENTIAL ( Single or Double Units
* Must include solid visual buffer or screen (See Definitions) only where the adjacent use is actually
developed or platted (not required when adjacent land is zoned.)
Chapter 20D: M- 3/Manufacturing District
20D -5
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000239
RESIDENTIAL
(Single or Double
Units)
RESIDENTIAL
(Multi - family)
COMMERCIAL
INDUSTRIAL
Minimum BUILDING SETBACK:
FRONT
Fifty (50) ft.
Thirty-five (35) ft.
Twenty (20) ft.
or distance equal to
height of
(manufacturing)
building, whichever
is greater.
Twenty (20) ft.
or distance equal to
height of
(manufacturing)
building, whichever
is greater.
SIDE/REAR
Fifty (50) ft.
Ten (10) ft.
Ten (10) ft.
Ten (10) ft.
Minimum LANDSCAPED YARD:
FRONT
Fifty (50) ft.*
Thirty -five (35) ft.
Fifteen (15) ft.
Fifteen (15)ft.
SIDE/REAR
Fifty (50) ft.*
Ten (10) ft.
Ten (10) ft*
Ten (10) ft.*
* Must include solid visual buffer or screen (See Definitions) only where the adjacent use is actually
developed or platted (not required when adjacent land is zoned.)
Chapter 20D: M- 3/Manufacturing District
20D -5
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000239
CITY OF CARMEL ZONING ORDINANCE
* Must include solid visual buffer or screen (See Definitions, Chapter 3) only where the adjacent use is
actually developed or platted (not required when adjacent land is zoned.)
RESIDENTIAL
(Single or Double
Units)
RESIDENTIAL
(Multi - Family)
COMMERCIAL
INDUSTRIAL
Minimum BUILDING SETBACK:
FRONT
Fifty (50) ft. or
three (3) times
building height,
whichever is
greater.
Thirty-five (35) ft.
Twenty (20) ft. or
distance equal to
height of
(manufacturing)
building, whichever
is greater.
Twenty (20) ft. or
distance equal to
height of
(manufacturing)
building, whichever
is greater.
SIDE/REAR
Fifty (50) ft. or
three times building
height, whichever is
greater.
Twenty-five (25) ft.
Twenty-five (25) ft.
Twenty-five (25) ft.
Minimum LANDSCAPED YARD:
FRONT
Forty (40) ft.
Thirty-five (35) ft.
Fifteen (15) ft.
Fifteen (15) ft.
SIDE/REAR
Thirty (30) ft.*
Ten (10) ft.
Ten (10) ft.*
Ten (10) ft.*
* Must include solid visual buffer or screen (See Definitions, Chapter 3) only where the adjacent use is
actually developed or platted (not required when adjacent land is zoned.)
Chapter 20D: M- 3/Manufacturing District
20D -6
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
•
•
CARMEL 0000240
RESIDENTIAL
(Single or Double
Units)
RESIDENTIAL
(Multi- family)
COMMERCIAL
INDUSTRIAL
Minimum BUILDING SETBACK:
FRONT
Fifty (50) ft. or two
(2) times building
height whichever is
greater.
Fifty (50) ft. or two
(2) times building
height whichever is
greater.
Twenty (20) ft. or
distance equal to
height of
(manufacturing)
building, whichever
is greater
Twenty (20) ft. or
distance equal to
height of
(manufacturing)
building, whichever
is greater.
SIDE/REAR
Eighty (80) ft. or
three (3) times
building height
whichever is
greater.
Thirty (30) ft. or
two (2) times height
of building,
whichever is
greater.
Ten (10) ft.
Ten (10) ft.
Chapter 20D: M- 3/Manufacturing District
20D -6
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
•
•
CARMEL 0000240
I nu
CITY OF CARMEL ZONING ORDINANCE
* Must include solid visual buffer or screen (See Definitions, Chapter 3) only where the adjacent use is
actually developed or platted (not required when adjacent land is zoned.)
INDUSTRIAL (Includes All Accessory Uses)
RESIDENTIAL
(Single or Double
Units)
RESIDENTIAL
(Multi- family)
COMMERCIAL
INDUSTRIAL
Minimum BUILDING SETBACK:
FRONT
RESIDENTIAL
(Single or Double
Units)
RESIDENTIAL
(Multi- family)
COMMERCIAL
INDUSTRIAL
Minimum LANDSCAPED YARD:
FRONT
Forty (40) ft.
Forty (40) ft.
Fifteen (15) ft.
Fifteen (15) ft.
SIDE/REAR
Forty (40) ft.*
Fifteen (15) ft.*
Ten (10) ft.
Ten (10) ft.
* Must include solid visual buffer or screen (See Definitions, Chapter 3) only where the adjacent use is
actually developed or platted (not required when adjacent land is zoned.)
INDUSTRIAL (Includes All Accessory Uses)
RESIDENTIAL
(Single or Double
Units)
RESIDENTIAL
(Multi- family)
COMMERCIAL
INDUSTRIAL
Minimum BUILDING SETBACK:
FRONT
Fifty (50) ft. or
Fifty (50) ft. or
Twenty (20) ft. or
Twenty (20) ft. or
three (3) times
three (3) times
distance equal to
distance equal to
building height,
whichever is
building height,
whichever is
height of
(manufacturing)
height of
(manufacturing)
greater.
greater.
building, whichever
is greater.
building, whichever
is greater.
SIDE/REAR
Eighty (80) ft. or
three (3) times
building height or
whichever is
greater.
Eighty (80) ft. or
three (3) times
building height or
whichever is
greater.
Twenty (20) ft.
Twenty (20) ft.
Minimum LANDSCAPED YARD:
FRONT
Forty (40) ft.
Forty (40) ft.
Fifteen (15) ft.
Fifteen (15) ft.
SIDE/REAR
Developed or
platted sixty (60)
ft.* or zoned (only)
thirty (30) ft.
Developed or
platted sixty (60)
ft.* or zoned (only)
thirty (30) ft.
Five (5) ft*
Five (5) ft.*
Must include solid visual buffer or screen (See Definitions, Chapter 3) only where the adjacent use is
actually developed or platted (not required when adjacent land is zoned.)
Chapter 20D: M- 3/Manufacturing District
20D -7
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000241
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 20D: M -3 /MANUFACTURING DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
,Sections Affected
Z -320
July 11, 1997
July 11, 1997
20D.01; 20D.02
Z- 365 -01
76 -01a OA
November 5, 2001
November 27, 2001
20D.02; 20D.07.02;
20D.07.04(1)
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
20D.03
Spring 2002 v2
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
20D.01; 20D.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
20D.00; 20D.02;
20D.07; 20D.10
Summer 2004 vl
Chapter 20D: M- 3/Manufacturing District
20D -8
as amended per Z -320; Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
•
CARMEL 0000242
•
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 20E: C -1 /CITY CENTER DISTRICT
20E.00 C-1 /City Center District
20E.01 Permitted 11ses.
20E.02 Special ilses & Special Exceptions
20E.03 Accessory Ruildings and 11ses
20E.04 Height and Area Requirements
20E.05 Architectural Design
20E.06 Landscaping Requirements
20E.07 Permanent Signs
20E.08 Fencing
20E.09 Parking
20E.10 Streets and Circulation
20E.00 C-1/City Center District.'
20E.00.01 Purpose and intent
The purpose of the C -1 City Center District is to create and protect land areas for the development
of the Carmel City Center, a central mixed -use complex of retail, residential, office, and
community facilities designed to meet the cultural and economic needs of the community. The
development is intended to stabilize an area that has fallen into disuse, and provide an energetic
focus to the city's central business district. The combination of retail shopping and entertainment
is intended to provide a destination for families. The office complex included in the project is
intended to attract the very best corporate citizens to the community. The City Center will be
bisected by the Monon Greenway, further developing the attractiveness of the linear park project.
When coupled with a museum/exhibit hall and performing arts center, the City Center will
provide the attractions necessary to support a retail and entertainment complex and will lend itself
to hosting large cultural and entertainment events. To promote the development of the City Center
district, the City of Carmel will provide master land planning, land acquisition, street
improvements, landscaping and utility infrastructure.
20E.00.02 Tract Recptirements.
Land areas shall be rezoned C -1 only upon application by the City of Carmel itself. All activities
associated with commercial, transportation, service, office and residential activities shall be
conducted within completely enclosed buildings in such a manner that any nuisance factors are
not emitted outside of the building. Visual screening of the outside activities including, but not
limited to, storage and trash collection areas shall be included.
20E.00.03 Approval of Development Plan
1. Following approval by the Carmel Redevelopment Commission, the City of Carmel shall
submit for approval a Development Plan (DP) that includes the following development
1 Section 20E.00 amended per Ordinance No. Z- 372 -02; Z- 453 -04, §bw -bx.
Chapter 20E: C -1 /City Center District
20E -1
as adopted per Z -343; Z- 365 -01; Z- 372 -02; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 vl
CARMEL 0000244
CITY OF CARMEL ZONING ORDINANCE
requirements for that property: Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS).
2. The Director, as the staff of the Carmel/Clay Plan Commission, shall review a DP
application to determine if the DP satisfies the development requirements of the C -1
District.
3. The Director must approve, approve with conditions, or disapprove the Development
Plan (DP) for any tract of land in the C -1 District.
4. The Director shall hold a public hearing before deciding whether to approve or
disapprove a DP. However, no DP is required for additions to existing structures which:
a. Are attached to the existing structure;
b. Continue the architectural design of the existing structure, including exterior
color and materials; doors and windows, other detailing;
c. Meet with requirements of the C -1 District;
d. Do not exceed twenty percent (20 %) of the original Gross Floor Area of the
existing structure, applicable from the date of this Section; and
e. Have received a prior ADLS approval from the Commission.
5. Pursuant to IC 36 -7 -4 -1400 et seq., the Director (as the staff of the Plan Commission) is
hereby authorized to conduct a public hearing to determine whether the Development
Plan complies in all respects with the Zoning Ordinance and any commitments made by
the owner of the real property under IC 36 -7 -4 -613. The Director shall then make
written findings concerning his or her decision to approve or disapprove the
Development Plan, and the Director is hereby designated as the official who is
responsible for signing the written findings.
6. The approval or disapproval of a Development Plan by the Director under this Section
20E.00.03 is a final decision of the Commission that may be reviewed only as provided
in IC 36 -7-4 -1016. After initial approval of the Architectural Design, Exterior Lighting,
Landscaping and Signage (ADLS) under this Section 20E.00.03, the ADLS shall not be
materially or substantially changed or altered without the prior approval of the
Commission under its rules of procedure.
7. Zoning Waiver. The applicant may apply for a Zoning Waiver of the dimensional and
quantitative standards of the C -1 District by not greater than thirty -five percent (35 %),
consistent with requirements set forth below:
a. The proposal shall be in harmony with the purposes and the land use standards
contained in this chapter;
b. The proposal shall enhance the overall Development Plan, the adjoining
streetscapes and neighborhoods, and the overall City Center District.
c. The proposal shall not produce a site plan or street/circulation system that would
be impractical or detract from the appearance of the Development Plan and the
City Center District, and shall not adversely affect emergency vehicle access or
deprive adjoining properties of adequate light and air.
d. The proposal exhibits extraordinary site design characteristics, including, but
not limited to: Increased landscape treatment, tree preservation, public art,
provisions for bicycles and/or mass transit, reduced surface parking coupled
with provisions for above or below ground parking facilities.
e. In granting a waiver, the Commission may impose such conditions that will, in
Chapter 20E: C -1 /City Center District
20E -2
as adopted per Z -343; Z- 365 -01; Z- 372 -02; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 vl
•
•
•
CARMEL 0000245
CITY OF CARMEL ZONING ORDINANCE
its judgment, secure the purposes of this chapter. This subsection does not
affect the right of an applicant under Indiana law to petition the Board for a
variance from development standards, as provided in IC 36 -7 -4 -918.5 and this
Zoning Code.
20E.01 Permitted IJses.2
See Appendix A: Schedule of Uses.
20E.01.01 Minimum Area Requirement- None.
20E.01.02 Other Reaiiirements• None.
20E.02 Special Uses & Special Exceptions-3
A. Other uses similar and comparable to the C -1 permitted uses specified in Appendix A: Schedule of
Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
20E.02.01 Minimum Area Requirements- None.
20E.02.02 Other Requirements. None.
20E.03 Accessory Ruilding,s and Uses: (See Chapter 25: Additional Use Regulations for
additional requirements.)
1. Accessory Uses Enclosed Accessory Uses which are incidental to, maintained on the same lot
and directly associated with the operation of a permitted use, including recreational areas for
employees and lodging facilities for owners, guards or caretakers.
2. Accessory Buildings Any detached Accessory Building on any Lot shall be compatible in
architectural style and construction materials with the Principal Building(s) with which it is
associated.
20E.04 Height and Area Requirements!' (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional requirements.)
20E.04.01 Maximum Height - Residential Uses.
1. Adjacent to any residential use or zone: One hundred fifty (150) feet, measured from
street grade.
2. Adjacent to all other uses: One hundred fifty (150) feet, measured from street grade.
20E.04.02
kA . I1 11 • - 1 - • II II ' . • • •
1. Adjacent to an existing or platted single - family residence or residential subdivision: One
hundred fifty (150) feet, measured from street grade.
2. Adjacent to all other uses: One hundred fifty (150) feet, measured from street grade.
2 Section 20E.01 amended per Ordinance No. Z- 415 -03, §az.
3 Section 20E.02 amended per Ordinance No. Z- 415 -03, §ba; Z- 453 -04, §by.
4 Section 20E.04 amended per Ordinance No. Z- 382 -02; §a; Z- 476 -05, §a -b.
Chapter 20E: C -1 /City Center District
20E -3
as adopted per Z -343; Z- 365 -01; Z- 372 -02; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 v
CARMEL 0000246
CITY OF CARMEL ZONING ORDINANCE
20E.04.03 Minimum T,ot Frontage.
1. Residential use: Thirty-five (35) feet.
2. All other uses: One hundred (100) feet.
20E.04.04 Minimum Lot Size.
1. Residential use: Four thousand (4000) square feet with public sewer and public water.
2. All other uses: Twenty thousand (20,000) square feet per Principal Building.
20E.04.05 Maximum 1,ot Coverage; eighty percent (80 %).
20E.05 Architectural Desigp.5
20E.05.01 Buildings shall be designed and constructed in accordance with the adopted architectural
style and materials palette established for the City Center by the City of Carmel Redevelopment
Commission.
20E.06 Landscaping Requirements.6
20E.06.01 Style and Species Landscaping shall be designed in accordance with the adopted
landscaping style and species palette established for the City Center by the City of Carmel
Redevelopment Commission.
20E.06.02 Street Trees. Shade trees shall be planted along all streets within the rights -of -way,
parallel to the street. Species, size, and installation shall be per the standards of the City of
Carmel.
20E.06.03 Landscaping Tnstallation and Maintenance
1. Installation All required landscaping shall be installed prior to the issuance of a
Certificate of Occupancy by the Department Administrator. If it is not possible to install
the required landscaping because of weather conditions, the property owner shall post a
bond for an amount equal to the total cost of the required landscaping prior to the
issuance of the Final Certificate of Occupancy.
2. Maintenance It shall be the responsibility of the owners and their agencies to insure
proper maintenance of the landscaping, in accordance with the standards set by this
Ordinance. This is to include, but is not limited to, replacing dead plantings with
identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
20E.07 Permanent Sight.'
20E.07.01 All permanent signs in the C -1 District shall be designed and constructed in accordance
with the adopted architectural style and materials palette established for the City Center by the
City of Carmel.
5 Section 20E.05 adopted per Ordinance No. Z- 372 -02.
6 Section 20E.06 amended per Ordinance No. Z- 365 -01; Z- 372 -02. Renumbered per Ordinance No. Z- 372 -01.
7 Section 20E.07 adopted per Ordinance No. Z- 372 -02.
Chapter 20E: C -1 /City Center District
20E -4
as adopted per Z -343; Z- 365 -01; Z- 372 -02; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 vl
•
•
CARMEL 0000247
CITY OF CARMEL ZONING ORDINANCE
20E.07.02 Except as noted below, the placement and number of permanent signs shall be in
accordance with the project standards established by the City of Carmel Redevelopment
Commission.
20E.07.03 All Signs must fit within the horizontal and vertical elements of the building and may not
obscure details of the building.
20E.07.04 No sign shall extend above the cornice line of the building.
20E.08 Fen cing.8
20E.08.01 Maximum Height.
a. ' Side and Rear Yard: eight (8) feet;
b. Front Yard: four (4) feet.
20E.08.02 Materials Fences shall be constructed solid wood or masonry, and shall be approved by
the Director at the time of final Development Plan approval. Stockade or shadow box fences
shall not be permitted within the C -1 District
20E.09 Parking.9
20E.09.01 Parking Tots Parking lots shall generally be located at the rear or at the side of buildings
and shall be screened from the sidewalk/street by low walls, fences or hedges.
20E.09.02 Pedestrian Pathway In parking areas designed to accommodate more than four (4) rows
of vehicles, a landscaped, separated pedestrian pathway shall be provided for safe access through
the parking area to the front door.
20E.09.03 Bicycle Parking Bicycle parking with bike racks should be provided.
20E.10$treets and Circulation 1°
20E.10.01 Vision Clearance Vision clearance on corner lots and at the intersections of streets and
driveways shall be observed.
20E.10.02 Separation of Circulation System Conflicts between pedestrians, bicycles and autos
shall be minimized. Separation of circulation systems shall be created through design elements
such as changes in grade, material, screens, structures, etc.
20E.10.03 Sidewalks Sidewalks shall be required along all public streets, and shall be constructed
to the standards of the City of Carmel. Where pedestrians are forced to cross traffic lanes,
changes in paving and narrowing of roadways can alert drivers to pedestrian traffic.
20E.10.04 Routing of Vehicular Traffic Vehicular traffic serving the C -1 District should not be
routed into or through a residential development or onto a street serving a school or community
facility.
20E.10.05 Routing of Tnick Traffic Truck traffic serving the C -1 District should be prohibited
from using surrounding residential streets.
8 Section 20E.08 renumbered per Ordinance No. Z- 372 -02.
9 Section 20E.09 renumbered per Ordinance No. Z- 372 -02.
10 Section 20E.10 amended per Ordinance No. Z- 372 -02. Section 20E.10 renumbered per Ordinance No. Z- 372 -02.
Chapter 20E: C -1 /City Center District
20E -5
as adopted per Z -343; Z- 365 -01; Z- 372 -02; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 vl
CARMEL 0000248
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 20E: C -1 /CITY CENTER DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z-343
May 1, 2000
May 1, 2000
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27, 2001
20E.05.04(1)
Z- 372 -02
3 -02 OA
April 1, 2002
April 1, 2002
20E.00.03; 20E.05;
20E.06; 20E.07;
20E.08; 20E.09;
20E.10
Spring 2002 vl
Z- 382 -02
38 -02 OA
July 15, 2002
July 15, 2002
20E.04.01(1)
Summer 2002 vi
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
20E.01; 20E.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
20E.00; 20E.02
Summer 2004 vi
Z- 476 -05
05020023 OA
May 2, 2005
May 2, 2005
20E.04
Spring 2005 vl
Chapter 20E: C -1 /City Center District
20E -6
as adopted per Z -343; Z- 365 -01; Z- 372 -02; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 vl
CARMEL 0000249
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 20F: C -2 /OLD TOWN DISTRICT
20F.00 C -7 Old Town District
20F.01 Permitted I Tses
20F.02 Special 1 Tses & Special Exceptions
20F.03 Accessory Buildings.
20F.04 Height and Area Requirements
20F.05 , Streetscape and Landscaping Requirements
20F.06 Fencing: Dumpsters and Refiise Areas
20F.07 Parking
20F.08 Architectural Design Requirements
20E.09 Permanent Signs
20F.00 C -2 Old Town District.'
20F.00.01 Purpose and Intent
The purpose of the C -2 Old Town District is to create and protect land areas for the
redevelopment of parcels in the Downtown area of the City popularly known as Old Town. The
intent of the City of Carmel is that all redevelopment proposals for this area should incorporate
significant civic value and mercantile activity and provide opportunities to improve the fabric of
the urban setting. It is further intended that the availability of C -2 zoning in this area should foster
a successful public /private relationship between the City of Carmel and prospective developers,
while ensuring the compatibility of any redevelopment proposals with existing building codes and
zoning regulations. As part of its efforts to redevelop the Old Town area, the City of Carmel has
undertaken a significant streetscape improvement project, and determined several desirable
"footprint" locations, along with public street access points and public space set -a- sides. The City
further intends to facilitate the conversion of all utility and private communications lines and
equipment to underground service in the C -2 zoning district.
20F.00.02 Tract Requirements
Land areas shall be rezoned C -2 only upon application by the City of Carmel itself. All activities
associated with commercial, transportation, service, office and residential activities shall be
conducted within completely enclosed buildings in such a manner that any nuisance factors are
not emitted outside of the building.
20F.00.03 Approval of Development Plan
1. Following approval by the Carmel Redevelopment Commission, the City of Carmel shall
submit for approval a Development Plan (DP) that includes the following development
requirements for that property: architectural design, exterior lighting, landscaping and
signage (ADLS).
1 Section 20F.00 amended per Ordinance No. Z- 373 -02; Z- 453 -04, ,¢bz -ca.
Chapter 20F: C -2 /Old Town District
20F -1
as amended per Z- 365 -01; Z- 373 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 vl
CARMEL 0000251
CITY OF CARMEL ZONING ORDINANCE
2. The Director, as the staff of the CarmeUClay Plan Commission, shall review a DP
application to determine if the DP satisfies the development requirements of the C -2
District.
3. The Director must approve, approve with conditions, or disapprove the Development
Plan (DP) for any tract of land in the C -2 District.
4. The Director shall hold a public hearing before deciding whether to approve or
disapprove a DP. However, no DP is required for additions to existing structures which:
a. Are attached to the existing structure;
b. Continue the architectural design of the existing structure, including exterior
color and materials; doors and windows, other detailing;
c. Meet with requirements of the C -1 District;
d. Do not exceed twenty percent (20 %) of the original Gross Floor Area of the
existing structure, applicable from the date of this Section; and
e. Have received a prior ADLS approval from the Commission.
5. Pursuant to IC 36 -7 -4 -1400 et seq., the Director (as the staff of the Plan Commission) is
hereby authorized to conduct a public hearing to determine whether the Development
Plan complies in all respects with the Zoning Ordinance and any commitments made by
the owner of the real property under IC 36 -7 -4 -613. The Director shall then make written
findings concerning his or her decision to approve or disapprove the Development Plan,
and the Director is hereby designated as the official who is responsible for signing the
written findings.
6. The approval or disapproval of a Development Plan by the Director under this Section
20F.0.3 is a final decision of the Commission that may be reviewed only as provided in
IC 36 -7 -4 -1016. After initial approval of the architectural design, exterior lighting,
landscaping and signage (ADLS) under this Section 20F.0.3, the ADLS shall not be
materially or substantially changed or altered without the prior approval of the
Commission under its rules of procedure.
7. Inning Waiver. The applicant may apply for a Zoning Waiver of the dimensional and
quantitative standards of the C -1 District by not greater than thirty-five percent (35 %),
consistent with requirements set forth below:
a. The proposal shall be in harmony with the purposes and the land use standards
contained in this chapter;
b. The proposal shall enhance the overall Development Plan, the adjoining
streetscapes and neighborhoods, and the overall City Center District.
c. The proposal shall not produce a site plan or street/circulation system that would
be impractical or detract from the appearance of the Development Plan and the
City Center District, and shall not adversely affect emergency vehicle access or
deprive adjoining properties of adequate light and air.
d. The proposal exhibits extraordinary site design characteristics, including, but
not limited to: Increased landscape treatment, tree preservation, public art,
provisions for bicycles and/or mass transit, reduced surface parking coupled
with provisions for above or below ground parking facilities.
e. In granting a waiver, the Commission may impose such conditions that will, in
its judgment, secure the purposes of this chapter. This subsection does not affect
the right of an applicant under Indiana law to petition the Board for a variance
from development standards, as provided in IC 36 -7 -4 -918.5 and this Zoning
Chapter 20F: C -2 /Old Town District
20F -2
as amended per Z- 365 -01; Z- 373 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 vl
•
•
•
CARMEL 0000252
•
CITY OF CARMEL ZONING ORDINANCE
Code.
20F.01 Permitted TJses:2
See Appendix A: Schedule of Uses.
20F.01.01
20F.01.02
Minimum Area Requirements. None.
Other Requirements- None.
20F.02 Special Uses & Special Fxceptions:3
A. Other uses similar and comparable to the C -2 permitted uses specified in Appendix A: Schedule of
Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
20F.02.01 Minimum Area Requirements. None.
20F.02.02 Other Requirements. None.
20F.03 Accessory Buildings 4 (See Chapter 25: Additional Use Regulations for additional
requirements.)
Accessory buildings shall not be allowed except:
A. Pursuant to a developmental standards variance; or
B. As stated in Section 20F.06.02; or
C. Detached garage units approved as part of the ADLS.
20F.04 HeigJit and Area Requirements .5 (See Chapter 26: Additional Height, Yard, & Lot Area
Regulations for additional requirements.)
20F.04.01 Maximum Height Sixty (60) feet, comprising no more than four (4) stories. Floor -to-
ceiling height shall be a minimum of ten (10) feet at the first story and eight (8) feet at the second
and third stories.
20F.05 Streetscape and Landscaping Requirements.6
20F.05.01 Landscaping shall be designed in accordance with the adopted landscaping style and
species palette established for the City Center by the City of Carmel Redevelopment Commission.
20F.05.02 Street Trees Shade trees shall be planted along all streets within the rights -of -ways,
parallel to the street. Species, size, and installation shall be per the standards of the City of
Carmel. ,
20F.05.03 landscaping Installation and Maintenance
2 Section 20F.01 amended per Ordinance No. Z- 415 -03, §bb.
3 Section 20F.02 amended per Ordinance No. Z- 415 -03, §bc; Z- 453 -04, §cb.
4 Section 20F.03 amended per Ordinance No. Z- 373 -02.
5 Section 20F.04 amended per Ordinance No. Z- 476 -05, §c.
6 Section 20F.05 amended per Ordinance No. Z- 365 -01; Z- 373 -02. Section 20F.05.03 renumbered per Z- 373 -02.
Chapter 20F: C -2 /Old Town District
20F -3
as amended per Z- 365 -01; Z- 373 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 v1
CARMEL 0000253
CITY OF CARMEL ZONING ORDINANCE
1. installation All required landscaping pursuant to the ADLS approval shall be installed
prior to the issuance of a Certificate of Occupancy by the Department Administrator. If
it is not possible to install the required landscaping because of weather conditions, the
property owner shall post a bond for an amount equal to the total cost of the required
landscaping prior to the issuance of the Final Certificate of Occupancy.
2. Maintenance It shall be the responsibility of the owners and their agents to insure
proper maintenance of the landscaping, in accordance with the standards set forth in the
Development Plan. This is to include, but is not limited to, replacing dead plantings with
identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
20F.06 Fencing; Dumpsters and Refuse Areas.
20F.06.01 Fencing shall not be allowed except pursuant to a developmental standards variance.
20F.06.02 Each building shall provided a fully screened and gated dumpster or a refuse area of
sufficient size to fully enclose and contain all dumpsters and compaction units. The screened area
shall be connected to the main structure in such a way that no refuse is moved across the site
before it is removed by a refuse service. However, if it is not feasible for the required dumpster or
compaction unit to be connected to the main structure, then it shall be enclosed and screened with
a combination of brick masonry walls and landscaping.
20F.07 Parking.
20F.07.01 Notwithstanding Section 27.05 of the Zoning Ordinance, the minimum number of
parking spaces to be provided in the C -2 District shall be computed as follows:
(a) one and one -half (1.5) spaces per dwelling unit; and
(b) four (4) spaces per 1,000 square feet of retail floor space.
Except as provided in Section 20F.07.02 below, the rules set forth in Section 27.01 through 27.04
of the Zoning Ordinance shall apply in computing the number of required parking spaces, and in
determining the location and construction thereof.
20F.07.02 Off - street parking areas for two (2) or more different uses may be provided collectively,
if the total number of spaces provided is not less than the total of the minimum required spaces for
each individual use. Combined parking shall be designed and constructed so as to create a
desirable, efficient and well planned off - street parking area with functional and aesthetic value,
attractiveness and compatibility with adjacent land uses. Sharing of off- street parking areas is
permitted where it is proved that two (2) adjacent buildings have uses that require parking at
complementary times of the day or days of the week. In addition, on- street parking spaces may, if
available and adjacent to the lot of the use, be counted as part of the total parking spaces required
by this Section 20F.07.
20F.08 Architectural Design Requirements.'
20F.08.01 Buildings shall be designed and constructed in accordance with the adopted architectural
style and materials palette established for the City Center by the City of Carmel Redevelopment
Commission.
' Section 20F.08 amended per Ordinance No. Z- 373 -02.
Chapter 20F: C -2 /Old Town District
20E-4
as amended per Z- 365 -01; Z- 373 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 vl
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CARMEL 0000254
CITY OF CARMEL ZONING ORDINANCE
20F.09 Permanent Sigp .8
• 20E.09.01 All permanent signs in the C -2 District shall be designed and constructed in accordance
with the adopted architectural style and materials palette established for the City Center by the
City of Carmel.
20E.09.02 Except as noted below, the placement and number of permanent signs shall be in
accordance with the project standards established by the City of Carmel Redevelopment
Commission.
20E.09.03 All Signs must fit within the horizontal and vertical elements of the building and may not
obscure details of the building.
20E.09.04 No sign shall extend above the cornice line of the building.
•
8 Section 20F.09 adopted per Ordinance No. Z- 373 -02.
Chapter 20F: C -2 /Old Town District
20F -5
as amended per Z- 365 -01; Z- 373 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 vl
CARMEL 0000255
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 20F: C -2 /OLD TOWN DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27. 2001
20F.5.4(1)
Z- 373 -02
4 -02 OA
April 1, 2002
April 1, 2002
20F.0.3; 20F.3;
20F.5; 20F.8; 20F.9
Spring 2002 vl
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
20F.01; 20F.02
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
20F.00; 20F.02
Summer 2004 vi
1- 476 -05
05020023 OA
May. 2, 2005
May 2, 2005
20F.04
Spring 2005 vl
Chapter 20F: C-2/01d Town District
20F -6
as amended per Z- 365 -01; Z- 373 -02; Z- 415 -03; Z- 453 -04; Z- 476 -05
Spring 2005 vl
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CARMEL 0000256
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 20G: OM/OLD MERIDIAN DISTRICT
20G.00 OM /Old Meridian District
20G.01 unassigned.
20G.02 Applicability
20G.03 Definitions
20G.04 General Development Standards
20G.05 Development Zones
20G.05.01
20G.05.02
20G.05.03
20G.05.04
20G.05.05
20G.05.06
20G.05.07
20G.05.08
20G.06 Toning Waiver
1! . 11
• 1., •I
(SFA).
Multi- Family Housing Zone (MF).
Village Zone (V).
Mixed Ike Zone (MU).
Office Zone (0).
Special 1Ise Zone (SU).
Meijer Zone (M).
Mixed Medical Zone (MM).
20G.00 OM /Old Meridian District.'
20G.00.01 Purpose, Intent Rr Authority
It is the purpose of the Old Meridian District to promote and protect the public health, safety,
comfort, convenience and general welfare by providing for consistent and coordinated treatment
of the properties surrounding Old Meridian Street in Clay Township, Hamilton County, Indiana.
The Commission and Council, in establishing this zone, are relying on IC 36 -7 -4 -600 et seq. and
IC 36 -7-4 -1400 et seq.
It is recognized that the Old Meridian District is an important growth area to Carmel and to Clay
Township. Therefore, it is the further purpose of the District to promote coordinated, quality
development per the land use and density recommendations set forth in the Comprehensive Plan;
to establish basic standards for structures, landscaping, and other improvements on the properties
within the District which promote high quality, innovative site design and at the same time
encourage efficient land usage; and to establish development standards which will encourage
capital investments for the development of those properties within the Old Meridian Road
Corridor District.
This Ordinance further seeks to foster development that will provide this District with a special
sense of place that will increase property values, protect real estate investment, encourage
neighborhood diversity, spur commercial activity, and attract new businesses. More specifically,
the creation of this special sense of place shall be encouraged by means of a coordinated set of
design principles for buildings, site planning, landscaping and signage. These principles are
1 Section 20G.00 amended per Ordinance No. Z- 453 -04, §cc -ce.
Chapter 20G: OM/Old Meridian District
20G -1
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 453 -04
Summer 2004 vl
CARMEL 0000258
CITY OF CARMEL ZONING ORDINANCE
intended to guide individual development activities so that they will work together to establish an
attractive and relatively dense mixed -use neighborhood.
20G.00.02 Plan Commission Approval
A. Development Elan The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the Old Meridian District prior to the
issuance of an Improvement Location Permit by the Department. See Section 24.02:
Development Plan.
B. Architectural Design, Exterior 1 ighhting, T andscaping and Signage To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the Old Meridian District prior
to the issuance of an Improvement Location Permit by the Department. See Section
24.03: Architectural Design, Exterior Lighting, Landscaping and Signage.
20G.00.99 Application Procedure
A. Development Plan See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior i.ig}Iting, Landscaping and Signage (ADI,S) See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
20G.01 unassignert.2
20G.02 Applicability.
20G.02.01 The Official Zoning Map, a part of the Zoning Ordinance, is hereby changed to designate
the land described in Exhibit A, and graphically represented in Exhibit B, as the Old Meridian
District Zone (the District).
20G.02.02 Development in the District will be governed entirely by the provisions in this
Ordinance, except that the provisions of the Subdivision Control Ordinance, the Zoning
Ordinance and the Sign Ordinance shall apply if specifically referenced, or if this ordinance is
silent in applicable areas.
20G.02.03 This Ordinance, having met the requirements of IC 36- 7- 4- 702(b), constitutes the
primary subdivision control ordinance of the District.
20G.03 Definitions.3
The definitions contained in Chapter 3 of the Zoning Ordinance shall be applicable to this Chapter 20G.
2 Section 20G.01 amended per Ordinance No. Z- 453 -04, §cf.
3 Section 20G.03 amended per Ordinance No. Z- 365 -01.
Chapter 20G: OM/Old Meridian District
20G -2
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CARMEL 0000259
CITY OF CARMEL ZONING ORDINANCE
20G.04 General Development Standards 4
• These general standards are provided to establish a consistent format for development and redevelopment
and shall be applicable throughout all zones in the District, unless specifically noted in other areas of this
ordinance.
•
0
20G.04.01 Architectural Design
A. All buildings shall be sited in a manner consistent with the adopted Illustrative Plan (the
Plan) for the District, Resolution No. CC- 12- 06 -99 -01 (see Exhibit C) including, but not
limited to: building setbacks, orientation, and pedestrian access.
B. All building design shall be consistent with the adopted character of the overall District,
including building materials, entry, and height.
C. Buildings that are stylized in an attempt to use the building itself as advertising shall be
prohibited, particularly where the proposed architecture is the result of corporate or
franchise architecture.
D. Exterior materials shall be durable and of high quality, such as brick, stone, or precast
concrete panels.
(1) Highly reflective materials are prohibited.
(2) Concrete block is not allowed on the exterior.
(3) Non - durable materials such as thin layer synthetic stucco products shall not be
used within eight (8) feet of the ground.
E. Building Facades shall have a defined base or foundation, a middle or modulated wall,
and a top formed by an articulated cornice, appropriate to the building style.
F. Facades constructed of more than one material shall only change material along a
horizontal line (not a vertical or diagonal line). The heavier material shall always be
placed beneath the lighter material.
G. Front and side facades of buildings located on corner lots shall be of the same finish,
materials, and detailing.
H. Building entrances shall be defined and articulated by architectural elements such as
lintels, pediments, pilasters, columns, and other design elements appropriate to the
architectural style and details of the building as a whole.
I. All window design shall be compatible with the style, materials, color, details and
proportion of the building. The number of panes, the way it opens, the trim around it and
whether it is embellished with shutters must be consistent with the architectural style of
the structure.
J. Fixed or retractable awnings are permitted if they complement a building's architectural
style, material, colors, and details; do not conceal architectural features (such as cornices,
columns, pilasters, or decorative details); do not impair facade composition; and are
designed as an integral part of the facade. Metal or aluminum awnings are prohibited.
K. Pedestrian scale detailing is required on the front elevation of the building at the ground
level. Because the buildings are viewed very close up, all buildings should exhibit
articulated detail and ornament that is scaled to the pedestrian (Figures 9 and 26.)
4 Section 20G.04 amended per Ordinance No. Z-389 -02; Z- 451 -03, §bd.
Chapter 20G: OM/Old Meridian District
20G -3
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v i
CARMEL 0000260
CITY OF CARMEL ZONING ORDINANCE
L. Rooftop mechanical and telecommunication equipment shall be fully screened on all
sides using parapets, penthouse screens or other similar method and which are integrated
into the overall building design and approved by the Commission.
M. Ground level mechanical/ telecommunication equipment shall be screened from Old
Meridian Street and adjoining residential zones or uses using walls, fencing, landscaping,
or other method approved by the Commission.
N. Notwithstanding the foregoing provisions of this Section 20G.04.01:
(1) Buildings within the Mixed Medical Zone shall be sited in a manner consistent
with the development standards set forth in Section 20G.05.08;
(2) Building Facades within the Mixed Medical Zone shall meet the development
standards set forth in Section 20G.05.08 and
(3)
Sections 20G.04.01(H) and 20G.04.01(K) shall not apply to buildings in the
Mixed Medical Zone.
20G.04.02 Street & Alley Standards
A. All streets must accommodate on- street parking.
B. New streets must connect to existing or planned public streets. No private or internal
streets will be acceptable in the District, excepting for permitted Open Drives that exist
or have been approved prior to the adoption of this ordinance.
C. Cul -de -sacs shall be prohibited.
D. Alleys shall not form the boundary of a park, square, or greenbelt unless a masonry wall,
no less than four (4) feet in height, is used for separation.
E. Utilities shall run along alleys wherever possible. Power lines or other cable utility shall
be installed underground.
F. Streets and alleys will be built to City of Carmel standards, (see dimensional minimums,
Figures 3 & 4) including pavement, curbs, sidewalks, lighting and signage.
G. All streets and alleys in the District shall be dedicated to the City.
H. Street cuts along Old Meridian Street shall occur as shown on the Plan, Resolution No.
CC- 12- 06- 99 -01.
I. Section 20G.04.02(A), Section 20G.04.02(B) and Section 20G.04.02(H) are inapplicable
to the Mixed Medical Zone.
20G.04.03 Pedestrian Circulation
A. The installation of sidewalks shall be mandatory for all projects in all zones, per Figures
3 -4.
B. Walkways shall be provided, as applicable, between buildings in non - residential and
multi - family zones to provide access between rear parking areas and Principal building
entrances or the street. Unless otherwise noted in this ordinance, the minimum width for
walkways shall be eight (8) feet.
C. Walkways for buildings fronting on Old Meridian Street shall occur at intervals no less
than one hundred -fifty (150) feet.
D. Sidewalks and walkways, when adjacent to commercial buildings should be covered to
shelter pedestrians when walking from place to place.
E. Neither sidewalks nor walkways shall be used by automotive traffic.
Chapter 20G: OM/Old Meridian District
20G -4
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CARMEL 0000261
CITY OF CARMEL ZONING ORDINANCE
F. Pedestrian trails indicated on the Plan (Exhibit C) must be provided as a public easement
in approximately the location shown on the Plan.
20G.04.04 Lighting
A. Street lighting shall be provided as part of all projects, on both sides of the street when
possible, and spaced no less than one hundred (100) feet apart, and of a design per the
adopted City style.
B. All exterior architectural, display, decorative and sign lighting shall be generated from
concealed, low level fixtures.
C. The maximum height of light standards in parking areas shall not exceed the building
height, or twenty-five (25) feet, whichever is less. When light standards abut or fall
within ninety (90) feet of single family residential, their height shall not exceed fifteen
(15) feet.
D. Parking area lighting and street lighting shall be of uniform design and materials.
E. Exterior lighting shall be architecturally integrated with the building style, material and
color. Rooftop lighting shall be prohibited.
F. Exterior lighting of the building or site shall be designed so that light is not directed off
the site and the light source is shielded from direct offsite viewing. For any use,
illumination levels shall not exceed 0.5 footcandle at the property line.
20G.04.05 Parking
A. All off - street parking shall be paved with asphalt or concrete, and curbed using poured -
in -place concrete curbing. Alternatives to poured -in -place curbing and paving surface
may be approved by the Commission when conflicts arise with tree preservation issues.
B. Parking areas shall be located at the rear or side of buildings, and screened from the
sidewalk by low walls, low fences, or hedges.
C. Off - street parking areas for Principal Buildings in the Mixed Use, Office, Special Use
and Village Zones are to be located to the sides and rear of Principal Buildings; however,
if necessary to meet minimum requirements, parking areas may extend into an adjacent
zone and shall be a permitted use in the adjacent zone, accordingly.
D. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper
overhang.
E. No curb cuts are allowed on Old Meridian Street, except as shown on the Plan, (Exhibit
C).
F. Adjacent/adjoining parking lots shall be interconnected either by alley or internal
driveway.
G. Bicycle parking shall be provided in non - residential zones, one space per one hundred
(100) feet of building frontage.
H. In the Mixed Medical Zone up to fifteen percent (15 %) of parking may be located in
front of the Buildings; provided such parking areas are partially screened from the street
right -of -way with a ten- to twelve -foot wide Planting Strip using shrubbery, hedges or
shade trees. Curb cuts in the Mixed Medical Zone shall be as set forth on Exhibit D.
Bicycle parking in the Mixed Medical Zone shall be provided in the ratio of one (1)
space per two hundred fifty (250) feet of building frontage.
Chapter 20G: OM/Old Meridian District
20G -5
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000262
CITY OF CARMEL ZONING ORDINANCE
20G.04.06 Landscaping & Fencing.
A. Shade trees shall be planted within the street right -of -way, parallel to each street, per the
standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a
minimum of thirty (30) feet.
B. Small maturing or ornamental trees, such as crab apple or ornamental pears shall not be
planted within the street right -of -way.
C. Parking areas shall be landscaped, as follows:
(1) A five -foot (5') wide planting strip shall be provided along the sides and rear of
all parking areas. The minimum planting shall include two (2) shade trees and
twenty (20) shrubs per 100 linear feet.
(2) Parking areas that are located in side yards shall be completely screened from
the street right -of -way with a six (6) foot wide planting strip using shrubbery,
hedges, shade trees, masonry walls, or combination thereof.
Shade trees shall be planted within parking areas greater than 10,000 square
feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine
(9) spaces.
D. The design of fencing, sound walls, carports, trash enclosures and similar site elements
shall replicate the architecture of the Principal building(s) in construction material and
detailing.
E. Sites with existing trees or stands of trees shall protect and incorporate them into the
overall site design. The landscape plan must preserve not less than fifty percent (50 %) of
all trees that are:
(3)
(1) Six -inch (6 ") DBH or larger, and
(2) located within the required yard/setback areas.
F. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of
a Certificate of Occupancy by the Department. If it is not possible to install the approved
landscaping because of weather conditions, the property owner shall post a bond prior to
the issuance of the Final Certificate of Occupancy for the amount equal to the total
installed cost of the remaining, uninstalled landscape material.
G. It shall be the responsibility of the owners and their agents to insure proper maintenance
of all trees, shrubs and other landscaping approved as part of the ADLS Plans in
accordance with the standards set by this Ordinance. This is to include, but is not limited
to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and
mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation
and weeds.
H. No landscaping which has been approved by the Plan Commission may later be
substantially altered, eliminated or sacrificed without first obtaining further Plan
Commission approval. However, minor material alterations in landscaping may be
approved by the Director or his designee in order to conform to specific site conditions.
I. The Director, or his duly appointed representatives, shall have the authority to visit any
lot or parcel within the Old Meridian District.
20G.04.07 Product Material 8r. Refiise Storage
A. Material or product storage shall occur within the Principal building or an Accessory
building, unless otherwise directed in other areas of this ordinance.
Chapter 20G: OM/Old Meridian District
20G -6
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
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CARMEL 0000263
•
CITY OF CARMEL ZONING ORDINANCE
B. Any Accessory Building for storage shall:
(1) Be architecturally compatible with the Principal building and integrated into the
overall site layout.
(2) Be approved by the Commission.
C. Any Accessory Building for storage or disposal of refuse shall:
(1) Accommodate waste and recyclable materials, and, if applicable, grease or other
cooking refuse.
(2) Be architecturally compatible with the Principal building and integrated into the
overall site layout.
Be approved by the Commission.
(3)
20G.05 Development ZoneS.5
Eight (8) development zones are hereby established, each with its own development standards. Only those
uses detailed within each zone shall be permitted. Sections 5.01 through 5.08 provide design standards for
within each development zones.
20G.05.01 Single- Family Attached Zone (SFA).
A. Permitted 1 Ises. See Appendix A: Schedule of Uses.
B. All developed land shall be divided into side by side attached single family dwellings,
which shall be fee simple or condominium ownership, with a maximum of one (1)
dwelling unit per attached or detached building (Figure 5), except as indicated in
Subsections C and D below.
C. Condominium projects may include commonly held property, which may be used for
purposes in support of residents, e.g. trash enclosures, parking access (alleys), visitor
parking or open space.
D. Within each lot, a separate living unit may be allowed as an accessory use to the main
unit. Household employees or relatives of the main occupants of the single family home
may occupy this Accessory dwelling. This unit may not have a separate door visible from
the street.
E. Accessory buildings in this zone shall not be permitted, except for detached garages,
which shall be constructed of the same materials as the Principal building with which
they are associated.
F. Building Height, Setbacks and Construction Requirements.
(1) Building Height of the front elevation.
(a) Minimum: Twenty -five (25) feet.
(b) Maximum: Forty-five (45) feet.
(2) Front Setback A portion of the front wall of the Principal building must be
placed within the minimum and maximum front setback lines. Stoops, stairs and
bay windows may extend into the front setback up to five feet. (Figure 6)
(a) Minimum: Four (4) feet, measured from right -of -way.
5 Section 20G.05 amended per Ordinance No. Z- 369 -02, §an; Z- 389 -02; Z- 415 -03, §be -bl; Z- 453 -04, ¢cg -co.
Chapter 20G: OM/Old Meridian District
20G -7
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000264
CITY OF CARMEL ZONING ORDINANCE
(3)
(b) Maximum: Ten (10) feet, measured from right -of -way.
Side Yard Setback Most units will be attached dwellings, with no side yard
setback.
(a) A maximum distance between buildings shall be six (6) feet.
(b) No parking or driveways are allowed in side yards.
(4) Building Width Single - family units shall be a minimum- of twenty-two (22)
feet and a maximum of thirty-five (35) feet wide.
Maximum T of Coverage No more than seventy percent (70 %) of the land may
be covered by buildings, including enclosed garages, and accessory buildings.
G. Building Orientation
(1) The front door of the main unit must face the public street and the main front
wall of the building must generally be parallel with the street. (Figure 7)
(2) Accessory buildings shall not face the street.
H. Architectural Design
(1) Design Intention The design intention for the Single Family Attached Zone
(SFA) is to create a zone of detailed, durable and high quality construction.
Each house is to be constructed as an individual unit and the facade of the house
is to be composed and interpreted as a single unit rather than a part of a larger
complex. (Figure 8)
(2) Materials.
(a) Any side of the building facing a public street must be clad in brick or
stone and trimmed in wood, stone, tile, precast concrete (no vinyl,
aluminum or plywood siding shall be permitted)
(b) Windows must be framed in wood or aluminum - clad/vinyl -clad wood.
Aluminum storm windows or doors are not allowed.
(5)
(c) Exterior walks, steps, stoops and paving must be masonry or stone
pavers, or poured or precast concrete. Exterior stair handrails and other
stair details may be stone, precast concrete or wrought iron. (Figures 9
and 10) Wood decking and handrails are allowed only in the rear of a
building.
(d) Cornice An articulated cornice must be provided where the roof meets
the top of the building wall. (Figure 11)
(e) Entrances The front door must face the street and be recessed from
three (3) to five (5) feet from the front wall of the building facade. (Fig.
12)
(f) Finished Floor T,eve1 The finished floor level of the first floor shall be
two (2) to six (6) feet above sidewalk level in the front, but may be on
grade in the rear. (Figure 13) This is to create visual privacy for
windows on the street, and to create a rhythm of stoops.
Foundation The foundation should be articulated in a different
material than the main facade. There may be windows in the
foundation wall which respond to a partially below -grade lower level.
(g)
Chapter 20G: OM/Old Meridian District
20G -8
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z-415-03; Z- 453 -04
Summer 2004 vl
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CARMEL 0000265
•
CITY OF CARMEL ZONING ORDINANCE
Landscaping and Fencing
(1) A paved walkway from the stoop to the front sidewalk is required.
(2) The remaining front yard of all buildings will be maintained with a groomed
landscape of low shrubs, ground cover, trees, flowers and/or grass.
(3) No parking of any vehicles will be allowed in the front yard.
(4) Exterior lighting is restricted to lamps mounted on the building and low- wattage
landscape lighting.
Low, wrought iron fences and stone or brick walls no taller than thirty (30)
inches are allowed in the front yard setback.
(6) Wrought iron, shadow box wood fences, or other approved fence, or brick or
stone walls up to six (6) feet tall are allowed in side and rear yards.
(7) Fences must be placed at least four feet from the rear property line.
(8) Chain link fencing is not allowed in this zone.
J. Signs See Section 25.07.02 -14: Old Meridian District of the Sign Ordinance.
K. Parking
(1) All units must have a minimum of two (2) parking spaces per unit included on
the lot.
(2) Parking may be paved or in an attached or detached enclosed garage.
(3) All parking must be accessed from the rear of the lot.
(4) No garage openings are allowed to face the public street.
(5)
20G.05.02 Multi- Family Housing Zone,, (MF).
A. Permitted i Jses
(1) See Appendix A: Schedule of Uses.
(2) unassigned
(3) Uses related to the direct operation and exclusive use of the apartment or
condominium project such as management office, parking structure, laundry
facility, clubhouse, pools, ball courts or other recreation facilities.
(4) Up to five percent (5 %) of the gross building area of a multi - family project may
be used for commercial or public purposes that serve the residents of the project,
such as a Convenience Market or bank ATM.
B. Building Height and Setbacks, and Construction Requirements
(1) Building Height
(a) Minimum- Twenty-eight (28) feet.
(b) Maximum: Fifty-five (55) feet.
(c) Parking garages have no minimum height, but may not exceed thirty-
five (35) feet.
(2) Front Setback
(a) Minimum: Four (4) feet, measured from right -of -way.
Chapter 20G: OM/Old Meridian District
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(b) Maximum: Ten (10) feet, measured from right -of -way.
(c) A portion of the front wall of the building must be placed within the
minimum and maximum front setback lines.
(d) Stoops, stairs and bay windows may extend into the front setback up to
four (4) feet. (Figure 6)
(3) Side Yard Setback
(a) Minimum: distance between buildings shall be six (6) feet.
(b) No parking or driveways are allowed in side yards.
(4) Maximum lot Coverage No more than fifty percent (50 %) of the property may
be covered by buildings, including enclosed garages.
(5)
Maximum Floor -area Ratio shall be 2.0.
C. Building Orientation
(1) At least seventy-five percent (75 %) of buildings in multi - family project must
face a public street.
(2) On public streets, at least fifty- percent (50 %) of the building front shall align
with a Build -to line that is a minimum of four (4) feet and a maximum of nine
(9) feet from the public street right -of -way. (Figure 14) This allows for an open
courtyard or other recesses in the front of the building.
D. Architectural Design
(1) Design intention This zone is intended to foster urban style multi - family
development in keeping with the intention of the Comprehensive Plan. Various
urban apartment types are appropriate.
(2) Buildings with continuous facades that are sixty (60) feet or greater in width,
shall be designed with vertical offsets (projecting or recessed) not less than four
(4) feet deep, and at intervals of not greater than fifty (50) feet. (Figure 15)
All sides or elevations of any building shall be brick exclusive of window areas,
gables, and recessed areas, and trimmed in brick, wood, stone or pre -cast
concrete.
(3)
(4) Buildings Entrances
(a) Building entrances shall be defined and articulated by architectural
elements such as lintels, pediments, pilasters, columns, and other
design elements appropriate to the architectural style and details of the
building as a whole. (Figure 16)
For all buildings that face a public street, there must be at least one
entrance on the front of the building. All buildings must be accessible
from both the front of the building and the parking areas.
(c) Exterior walks, steps, stoops and paving must be masonry or stone
pavers, or poured or pre -cast concrete.
Courtyards Courtyards should be enclosed with a fence or wall, not more than
six (6) feet tall.
(a) Fence construction shall be wrought iron, shadow box wood fences, or
other approved material.
(5)
(b)
Chapter 20G: OM/Old Meridian District
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(b) Walls shall be constructed of brick or stone
(6) All upper level units shall be designed with either a balcony, mirador, or
window seat which looks out upon a public street, a court yard, parking area, or
public open space.
E. Signs See Section 25.07.02 -14: Old Meridian District of the Sign Ordinance.
F. Parking
(1) Each unit must have a minimum of one parking space per unit on site; however,
this will not include garage parking or on- street parking on public streets.
(2) On -site parking lots or structured parking may not be located adjacent to a
public street unless screened from view with dense landscaping or brick wall or
wooden fence in keeping with the architectural design of the overall project.
(Fig. 17)
No parking or driveways, or curb cuts are allowed in the front yard setback of
any building
(3)
20G.05.03 Village Zone (V).
A. Permitted 1 Tses-
(1) The ground floor use of all Village buildings shall be no less than seventy
percent (70 %) commercial use, with the remaining area exclusively used as
service or lobby areas for the upper floors.
(2) Upper floors shall be used for apartments or condominiums, general office,
health club or fitness facilities, or any permitted use described in Appendix A:
Schedule of Uses.
(3) See Appendix A: Schedule of Uses.
(4) No service, sales, rental, storage, or display of vehicles or construction
equipment is allowed in this zone except for public and employee parking
associated with the allowed uses.
(5)
Drive - through banking, including ATMs, is allowed in this district, if located in
the rear of the site (away from the street). No other drive- through facilities are
allowed. All design requirements shall apply.
B. Building Heighht, Setbacks and Constniction Requirements
(1)
Rnilding Height
(a) Minimum: Twenty-five (25) feet.
(b) Maximum: Fifty -five (55) feet.
(2) Front Setback The buildings must sit on the front property line except for minor
recesses, up to five (5) feet, for entrances and outdoor seating. (Figure 18)
Side Yard Setback There are no minimum side setbacks; however, walkways
to rear parking must be a minimum of six (6) feet wide.
(4) Maximum Frontage
(a) No single retail business may exceed fifty (50) feet of frontage on Old
Meridian Street, except as noted in (b), below.
(3)
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(b) There shall be allowed a maximum of two businesses that occupy up to
one hundred fifty (150) feet of frontage on Old Meridian Street.
(c) Buildings which are intended for occupancy by more than one business
may be up to one hundred fifty (150) feet in frontage, however, said
buildings shall be designed with vertical offsets as described in
Subsection C below.
(d) Continuous facades more than fifty (50) feet wide, shall be designed
with vertical offsets at intervals which evenly divide the facade into
halves, thirds, or quarters, etc., or shall be designed at intervals not less
than fifty (50) feet, whichever is less. These offsets may be projecting,
recessed, or may be a simple change in building material or detailing.
(Figure 15)
C. Ruilding Orientation
(1)
(2)
(3)
All buildings shall face the public street, or be sited per the Illustrative Plan.
The primary entrance to all retail space shall be from a public street.
Secondary entrances may face the side of the building, however, no rear
entrances are allowed except for residential or office uses, emergency exits,
employees, loading and trash removal.
D. Architectural Design
(1) Design Intention This zone is intended to foster urban or dense village -like
commercial activity, in keeping with the intention of the Comprehensive Plan.
The area will be focal point of pedestrian commercial activity in the Old
Meridian District. Pedestrian scale signage, lighting, storefront detail, storefront
display, streetscape, and openings are required. (Figure 19)
(2) Building Type Buildings in the Village District must be built as multi -story
commercial storefront types, whose characteristics include: (Figure 20)
(a) A ground floor with transparent storefront glass.
(b) Upper floors built of brick with windows inserted into the wall.
(c) A distinct cornice line at the top of the wall and intermediate horizontal
elements, such as a trim at the top of the ground floor are optional.
(d) All buildings, unless otherwise shown in the Plan, must face Old
Meridian Street.
(e) Buildings must have retail storefronts along the public street front of
the first floor of the building, except for pedestrian entrances to parking
areas or small entrance lobbies for upper floors.
(f) Except as noted in Subsection (k) below, Principal Buildings must be at
least two (2) floors of occupiable space. Each floor shall have
windows on Old Meridian Street. (Figures 20 & 24)
(g) The first floor and all other floors will 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.
Chapter 20G: OM /Old Meridian District
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The facade shall be flat, with relief provided by windows and
surrounds, storefronts, doors, and features such as special brick
coursing, pilasters and lintels.
Roofs must have a pitch of less than ten percent (10 %) and not be a
substantial visible part of the building.
The rear of the building may vary from this model and greater leeway
is allowed in its composition, however, its materials must be
coordinated with the front facade.
Up to fifteen percent (15 %) of the aggregate Old Meridian Street
frontage in the Village Zone may be occupied by buildings with only
one (1) occupiable floor. All other design requirements shall apply.
E. Construction Materials
(1) The first floor and upper floors may be composed of different materials.
(2) The first floor is composed of storefronts that may be inserted into a masonry,
stone or concrete panel frame that is coordinated with the upper floor.
Storefronts will be a lightweight material such as aluminum, glass, wood, tile,
and panelized composites.
(a) At least sixty percent (60 %) of the total area of the first floor facade
(up to the line of the second floor elevation) must be transparent vision
glass. (Figure 21)
(b) Front and side facades of buildings located on comer lots shall be of
the same materials and similarly detailed.
Exterior walks, steps, ramps and paving must be masonry or stone
pavers, or poured or pre -cast concrete.
(d) Retractable or fixed fabric awnings are allowed, but these must fit
within the storefront glass area and may not obscure details of the
building.
(e) The facade of the upper floors on any building which faces a public
street shall be constructed of brick, stucco, or other masonry units, and
trimmed in stone, contrasting brick, wood, or pre -cast concrete.
(c)
F. Lighting
(1) Storefronts shall be internally illuminated with spots or other incandescent
lighting to prominently and attractively display the business or its products.
(Figure 22)
(2) Exterior lighting may be affixed to the building.
(3) Pedestrian passages to parking lots (walkways) must be lit to a minimum of
three (3) footcandles.
G. Signs See Section 25.07.02 -14: Old Meridian District of the Sign Ordinance.
H. Parking and T,oading
(1) Parking shall be provided at the ratio of one (1) space per twelve hundred
(1200) square feet of Gross Floor Area.
(2) On- street parking shall not be used to fulfill parking requirement.
Chapter 20G: OM/Old Meridian District
20G -13
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CITY OF CARMEL ZONING ORDINANCE
(3)
Parking may be provided on -site or in a convenient remote lot not more than
four hundred (400) feet from the property.
111
(4) Parking requirements may be reduced if businesses with substantially different
peak hour requirements agree to share parking.
20G.05.04 Mixed T Jse Zone (MU).
A. Permitted 1 Ises
(1) This district will provide a mix of compatible uses, including office, high
density residential, and retail.
(2) Retail uses shall only be allowed on the first floor of a building.
(3) Retail uses shall not occupy more than fifty percent (50 %) of any building and
be located in buildings that front Old Meridian Street, rather than interior to the
site.
(4) See Appendix A: Schedule of Uses.
(5) Drive - through banking is allowed in this district, but no other drive- through
facilities are allowed.
B. Building Height, Setback, and Constriction Rednirements
(1) Building Height
(a) Minimum: Twenty-eight (28) feet. All buildings must have a minimum
of two (2) occupiable floors.
Maximum: Fifty -five (55) feet.
(b)
(2) Front Setback
(a) Minimum: Ten (10) feet from all public streets, measured from the
right -of -way;
(b) Maximum: Twenty (20) feet
Building Footprints
(a) Minimum: 8,000 square feet.
(b) Maximum: 15,000 square feet.
(4) Side Yard Setback. Four (4) feet.
(5) Rear Yard Setback. Five (5) feet.
C. Building Orientation
(1) Every site that has frontage on Old Meridian Street must have a building that
fronts on Old Meridian Street and occupies a minimum of seventy percent
(70 %) of that frontage.
(2) Additional buildings may be built in the rear of this property.
(3) Unless otherwise approved, seventy-five percent (75 %) of all buildings must
face a public street.
(3)
Chapter 20G: OM/Old Meridian District
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D. Architectural Design
(1)
Design intention- This area provides a more sedate character than the Village
Zone. The character is compact, with small front lawns and good pedestrian
connections along the street. Building sizes are limited to provide a pedestrian
scale. Building design shall contribute to the neighborhood scale environment
and be compatible with nearby residential uses. (Figure 24)
(2) Materials
(a) Buildings other than multi- family must be faced in brick or stone and
trimmed in metal, stone, pre -cast concrete, wood, or stucco.
(b) Every face of the building must have openings for windows.
(c) Large expanses of glass are allowed, but the building may not be
constructed entirely of a metal and glass curtain wall.
(d) Multi- family buildings in this zone must conform to all the
architectural requirements listed in the Multi - family Zone (MF).
E. Signs See Section 25.07.02 -14: Old Meridian District of the Sign Ordinance.
F. T,a.ndscaping
(1) The front yard setback will be landscaped with shade trees, low shrubs, planting
beds and grass or ground cover, as directed by the City.
(2) Alternatively, up to fifty percent (50 %) of the front yard setback may be paved
with decorative pavers to allow seating areas or outdoor tables, which areas
shall be surrounded by low shrubs or planting beds.
On -site parking lots or structured parking adjacent to a public street must be
separated from the street right -of -way with landscaped strip, no less than six (6)
feet wide, containing shade trees, and shrubs or low fences /walls up to four (4)
feet high.
G. Parking Requirements
(1) Parking must be provided at the ratio of one (1) space for every six hundred
(600) square feet of leasable area.
(2) Some parking may be provided in shared or remote lots.
(3) Parking must be located in the rear or side of buildings. No parking is allowed
in the front yard setback.
(3)
20G.05.05 Office Zone (0).
A. Permitted T Tses.
(1) This zone will provide a mix of compatible, non - residential uses, including
those permitted uses listed in Appendix A: Schedule of Uses.
(2) Drive - through facilities are allowed if located in the rear of the site (away from
the street).
Up to ten percent (10 %) of any building in the Office Zone may be occupied by
retail uses which are for the express use and convenience of the occupants and
users of the building, e.g. a snack bar or news stand for office workers.
(3)
Chapter 20G: OM/Old Meridian District
20G -15
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B. Building Height, Setback, and Construction Requirements
(1) Building Height.
(a) Minimum: Twenty-eight (28) feet. All buildings must have minimum
of two (2) occupiable floors.
(b) Maximum: Fifty -five (55) feet.
(2) Front Setback
(a) Minimum: Twenty (20) feet from all public streets, measured from the
right -of -way;
(b) Maximum: Twenty-five (25) feet.
Building Footprints
(a) Minimum: 8,000 square feet.
(b) Maximum: 15,000 square feet.
(4) Side Yard Setback
(a) Minimum: Four (4) feet.
(b) - Maximum: Twenty (20) square feet.
Building Orientation
(a) Every site that has frontage on Old Meridian Street must have a
building that fronts on Old Meridian Street and occupies a minimum of
seventy percent (70 %) of that frontage.
(b) All buildings must front on a public street, except drive- through banks
and accessory structures.
C. Architectural Design
(1) Design Intention
(a) The character is compact, with small front lawns and good pedestrian
connections along the street. Building sizes are limited to provide a
pedestrian scale.
(b) Buildings should be designed to contribute to the neighborhood scale
environment and to be compatible with residential uses in nearby
multi - family and single - family attached zones.
(2) Materials.
(a) Buildings must be faced in brick and trimmed in metal, stone, pre -cast
concrete, wood, or stucco.
(b) Every face of the building must have openings for windows.
(c) Large expanses of glass are allowed, but the building may not be
constructed entirely of a metal and glass curtain wall.
(d) Concrete block is not allowed on the exterior.
(3)
(5)
Chapter 20G: OM/Old Meridian District
20G -16
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CITY OF CARMEL ZONING ORDINANCE
(3)
Character
(a) Buildings must have an urban and commercial character, not
mimicking residential building types.
(b) Entrances must be clearly articulated. (Figure 26)
D. Signs See Section 25.07.02 -14: Old Meridian District of the Sign Ordinance.
E. 1 andscaping
(1) The front yard setback will be landscaped with shade trees, low shrubs, planting
beds and/or grass or ground cover as directed by the City.
(2) Fences are not allowed in the front setback.
F. Parking Rea2airements
(1) Parking must be provided at the ratio of one (1) space for every six hundred
(600) square feet of leasable area.
(2) Some parking may be provided in shared or remote lots.
20G.05.06 Special 1 Jse Zone, (SU).
This zone is for public or institutional uses such as places of worship, civic or recreational
buildings or libraries. These are special places where it is appropriate and necessary for
distinctive buildings to be placed. Allowed uses include:
A. Permitted T Jses• See Appendix A: Schedule of Uses.
B. Additional uses may be allowed in the Special Use Zone upon petition to and approval
(or denial) by the Commission, and if they fulfill the following criteria:
(1) the use is an important contribution to the civic life of the community;
(2) The proposed use is in harmony with the purposes and the land -use standards
contained in this District;
The proposed use would not be impractical nor detract from the appearance of
the Old Meridian District;
(4) the user plans an important and distinctive building which will be a focal point
for the community;
The use is consistent with the policies in the Comprehensive Plan.
(3)
(5)
C. Building Height, Setbacks and Constriction Requirements
(1) Building Height
(a) Minimum: Thirty-five (35) feet.
(b) Maximum: Fifty -five (55) feet, excluding towers or steeples.
(2) Building Setback.
(a) Minimum: Thirty (30) feet (from roundabout right -of -way).
(b) Minimum: Twenty (20) feet (from street right -of -way).
(c) Parking shall not be allowed in any area within seventy (70) feet of the
traffic roundabout right -of -way. This area shall be dedicated to
buildings, and designed open space.
Chapter 20G: OM /Old Meridian District
20G -17
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
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(3)
Building Footprint The minimum building footprint shall be 10,000 square
feet.
(4) Building Orientation All buildings must face the traffic roundabout or a major
boulevard.
D. Architectural Design
(1) Design Intention. This zone provides a highly visible entry point into the Old
Meridian District and should display attractive and individual buildings which
can be the focal point of the District. Buildings should be architecturally
interesting, monumental, and unique.
(2) Materials
(a) Buildings must be constructed of brick or stone and trimmed in wood,
stone, tile, pre -cast concrete or other similar material, consistent with
an important site in the city, approved by the Commission.
(b) Metal or prefabricated buildings are not allowed.
(c) Paving for parking and drives must be concrete or asphalt.
(d) Paving for walkways may also be brick or stone pavers or other
decorative paving.
E. Parking Requirements
(1) The parking requirements for each use will be determined at the time of
Development Plan review. For some facilities it is expected that parking may be
shared, for example, office uses sharing with religious facilities or civic uses.
(2) Parking is not allowed in any roundabout or boulevard setback areas.
F. Signs See Section 25.07.02 -14: Old Meridian District of the Sign Ordinance.
20G.05.07 Meijer Zone (M).
A. Permitted Uses The primary use of the Meijer Zone shall be retail or office uses. All
uses allowed in Village Zone above are allowed, without restriction for ground or second
floor. Additional uses include:
(1) Not more than one (1) freestanding Convenience Store may be constructed in
this zone.
(2) Not more than one (1) freestanding building greater than 50,000 square feet is
allowed in this district. The existing Meijer building is stipulated to be allowed
in this district and constitutes the only building greater than 50,000 square feet
allowed.
(3)
No repair and/or maintenance of motor vehicles shall be allowed in the Meijer
Zone.
B. Constnlction Requirements, Height and Setbacks
(1) Building Height
(a) Minimum: Twenty-five (25) feet.
(b) Maximum: Fifty-five (55) feet.
Chapter 20G: OM /Old Meridian District
20G -18
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(2) Front Setback
(a) The minimum setback from Pennsylvania and Carmel Drive, for all
uses except Convenience Stores, is thirty-five (35) feet.
The minimum setback from streets in the Old Meridian District is
twenty (20) feet.
(c) The minimum setback for Convenience Stores from Pennsylvania
Street shall be ninety (90) feet.
(3) Side and Rear Setbacks- Five (5) feet
(4) Riiilding Orientation
(a) All buildings, except Convenience Stores, shall face a public street or a
publicly accessible drive ( "drive ") which directly connects through
existing curb cuts to Old Meridian Street.
All primary retail entrances must be located immediately adjacent to
such a street or drive.
(b)
(b)
(c) Buildings shall be separated from drives by a sidewalk with a minimum
width of eight (8) feet.
(d) Except for Convenience Stores, no parking is allowed in the areas
between a building front and an Open Drive or the street.
C. Architectural Design
(1) Design intention.
(a) This zone is intended to support urban or village -like commercial
activity, in keeping with the intention of the Comprehensive Plan. The
area will adjoin pedestrian commercial activity in the Old Meridian
District. Pedestrian scale signage, lighting, storefront detail, storefront
display, streetscape, and openings are required for new buildings.
(Figure 19)
Exterior Renovations, reconstruction or rehabilitation of the existing
Meijer building must:
i. include pedestrian connections to adjacent buildings within
the Village Zone;
ii. include sidewalks (no less than six (6) feet in width),
landscaping and other pedestrian detailing to enhance the
pedestrian environment in the front of the building, and may
include the provision of additional window /door openings
into the Meijer building, and/or
iii. Designed Open Space.
(2) Building Type
(a) All buildings must have retail storefronts along the public street or
Open Drive.
(b) The first floor and all other floors will 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.
(b)
Chapter 20G: OM/Old Meridian District
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(3)
(c) The facade should have a flat front, with relief provided by windows
and surrounds, storefronts, doors, and features such as special brick
coursing, pilasters and lintels.
(d) All buildings will have an articulated cornice at the top of the facade
wall.
(e) Roofs must have flat roofs, or a pitch of less than ten percent (10 %)
and will not be a substantial visible part of the building.
(f) The rear of the building may vary from this model and greater leeway
is allowed in its composition, however, its materials must be
coordinated with the front facade. If the facade of a building is longer
than fifty (50) feet, it must be designed to break up the visual length
with material variation, offsets or other formal devices. However,
buildings of great length should not be designed to look like several
small, extremely different buildings.
Constnlction Materials
(a) The first floor is composed of storefronts that shall be inserted into a
masonry, stone or concrete panel frame that is coordinated with the
upper floor.
(b) Storefronts will be a lightweight material such as aluminum, glass,
wood, tile, and panelized composites.
(c) Except for the Convenience Store, at least sixty percent (60 %) of the
total area of the first floor facade (up to the line of the second floor
elevation, if applicable) must be transparent vision glass. (Figure 21)
(d) Exterior walks, steps, ramps and paving must be masonry or stone
pavers, or poured or pre -cast concrete.
(e) The building materials used on the existing Meijer store shall be
permitted for renovations, or expansions of the existing Meijer
building.
(f) Any new building(s) in the Meijer Zone shall comply with the
architecture design standards in Section 20G.05.07.
D. Lighting.
(1) Storefronts shall be internally illuminated with spots or other incandescent
lighting so to prominently and attractively display the business or its products.
(Figure 22)
(2) Exterior lighting may be affixed to the building.
(3) The maximum height of light standards in parking areas shall be thirty (30) feet,
except when light standards abut or fall within ninety (90) feet of residential
zones, the maximum height shall be twenty (20) feet.
E. Signs. See Section 25.07.02 -14: Old Meridian District of the Sign Ordinance.
F. Parking and Loading Requirements
(1) Parking shall be provided at the ratio of one (1) space for every four hundred
(400) square feet of gross area in the building.
(2) On- street parking may not be used to fulfill parking requirements.
Chapter 20G: OM /Old Meridian District
20G -20
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Summer 2004 vl
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(3)
Parking may be provided on -site or in a convenient remote lot not more than
four hundred (400) feet from the property.
(4) Parking requirements may be reduced if businesses with substantially different
peak hour requirements agree to share parking.
Additional curb cuts are not allowed on Old Meridian Street.
(5)
(6) Access to loading areas shall not be allowed from the boulevard street (a.k.a.
Grand Boulevard).
Screened loading areas shall be provided for all retail businesses at the rear of
the building.
G. Prior Zoning Commitments for the Meijer Parcel
(1) The real estate described in Exhibit "D" which is situated in the Meijer Zone
and the Village Zone shall be exempt from the requirements of the U.S.
Highway 31 Overlay Zone.
(2) Those certain Real Estate Convenants executed January 19, 1988, and as
amended, shall be vacated upon adoption of this ordinance to exempt the Meijer
Parcel from the requirements of the U.S. 31 Highway Overlay Zone, and to
conform with the terms, conditions and provisions of this Ordinance governing
the permitted uses for the Meijer Zone and the Village Zone.
(7)
20G.05.08 Mixed Medical Zone (MM).
A. Permitted 1 JseR
(1) This district is designed to permit and facilitate the development, expansion and
modernization of a major hospital complex or campus in which a diversity of
hospital, health care and supportive uses related thereto is necessary to best
perform the hospital's various services to the public and to permit appropriate
land use modifications as necessary to facilitate the highest level of such
service.
(2) See Appendix A: Schedule of Uses.
(3) The following uses shall also be permitted provided that they are supportive of
the aforementioned primary uses and do not exceed fifteen percent (15 %) of the
Gross Floor Area of any Building:
(a) coffee shop
(b) delicatessen
(c) barber/beauty shop
(d) bookstore
(e) flower shop
(f) gift shop
(g) financial institution
Chapter 20G: OM/Old Meridian District
20G -21
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000278
CITY OF CARMEL ZONING ORDINANCE
B. Building Height, Setback, and Construction Requirements
(1) Building Height'
(a) Maximum: Fifty -five (55) feet, except hospital maximum shall be one
hundred (100) feet.
(b) Minimum: Twenty-four (24) feet. All buildings must have a minimum
of two (2) occupiable floors.
(2) Front Setback.
(a) Minimum: Twenty (20) feet from all public Streets, measured from the
right -of -way;
(b) Maximum: Thirty-five (35) feet except that new Buildings must follow
the dominant or average Front Yard Setback dimension of existing
Buildings on the same Block and on the same side of the Street, with a
variation of up to ten (10) feet allowed.
Building Footprints
(a) Minimum: 8,000 square feet.
(3)
(b)
Maximum: 20,000 square feet. However, it is recognized that, within
the Mixed Medical Zone there are uses which, because of their unique
characteristics, require flexibility and a case by case review of the
maximum building footprint square footage requirement. If a
particular use indicates the desirability for a larger than maximum
footprint, the petitioner may submit a request to the Director together
with a site plan showing the proposed use of the land, the arrangement
of all buildings and structures, the location of streets, driveways,
parking and loading areas and such other information as the Director
shall request. Following submission of such request, the Director shall
respond to the petitioner within ten (10) business days, by either
approving, rejecting or proposing alternatives to such request.
(4) Side Yard Setback.
(a) Minimum: Four (4) feet.
(5) Rear Yard Setback.
(a) Minimum: Five (5) feet.
C. Building Orientation
(1) Every site that has frontage on Old Meridian Street must have Buildings that
front on Old Meridian Street and such Buildings must occupy a minimum of
seventy percent (70 %) of that Frontage.
(2) Additional Buildings may be built in the rear of any such site fronting on Old
Meridian Street.
(3)
Unless otherwise approved, seventy percent (70 %) of all Buildings must face a
public Street.
Chapter 20G: OM/Old Meridian District
20G -22
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CARMEL 0000279
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CITY OF CARMEL ZONING ORDINANCE
D. Architectural Design This district is to provide an orderly transition of architectural
design elements that harmonize the existing architectural design of the main St. Vincent
hospital facility (which is located outside the OM district) with the architectural design
elements approved for use within the 0, SU and MU districts that lie south of and
adjacent to the St. Vincent district.
(1) Materials
(a) Buildings must be faced in brick, stone or pre -cast concrete and
trimmed in metal, stone, brick, pre -cast concrete, wood, or stucco.
Except for maintenance buildings, storage buildings and similar
buildings supportive of a main hospital building, every face of a
building must have openings for windows.
(c) Large expanses of glass are allowed, but the building may not be
constructed entirely of a metal and glass curtain wall.
(2) Facades Continuous facades more than fifty (50) feet wide, shall be designed
with vertical offsets at intervals which evenly divide the facade into halves,
thirds, or quarters, etc., or shall be designed at intervals not less than fifty (50)
feet, whichever is less. These offsets may be projecting, recessed, or may be a
simple change in building material or detailing.
E. Signs See Section 25.07.02 -14: Old Meridian District of the Sign Ordinance.
F. 1 andscaping
(1) The front yard setback will be landscaped with shade trees, low shrubs, planting
beds and grass or ground cover.
(2) Alternatively, up to fifty percent (50 %) of the front yard setback may be paved
with decorative pavers to allow seating areas or outdoor tables, which areas
shall be surrounded by low shrubs or planting beds.
(3) On -site parking lots or structured parking adjacent to a public street must be
separated from the street right -of -way with a landscaped strip, as provided in
Section 20G.04.05(H) with respect to front yards and in no event less than six
(6) feet wide, containing shade trees, and shrubs or low fences /walls up to four
(4) feet high.
G. Parking Requirements
(1) Number of Parking Spaces Within the Mixed Medical Zone there are uses
which, because of their unique characteristics, require flexibility and a case by
case review of the parking requirements. Petitioner shall submit a request to the
Director together with a site plan showing the proposed number and type of
parking spaces, the arrangement of all buildings and structures, the location of
streets, driveways, parking and loading areas and such other information as the
Director shall request. Following submission of such request, the Director shall
respond to the petitioner within ten (10) business days, by either approving,
rejecting or proposing alternatives to such request.
(2) Parking Spaces Accessible to the Disabled Accessible parking spaces shall be
provided according to Americans with Disabilities Act (ADA) of 1990. In
addition, accessible patient parking at outpatient facilities must equal no less
than ten percent (10 %) of the total required parking spaces.
On- street parking may not be used to fulfill parking requirements.
(b)
(3)
Chapter 20G: OM/Old Meridian District
20G -23
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000280
CITY OF CARMEL ZONING ORDINANCE
(4) Parking requirements may be reduced if medical facilities with substantially
different peak hour requirements agree to share parking. The terms of a shared
or reciprocal parking agreement must accompany the application.
(5) Screened loading areas shall be provided at the rear of the building.
(6) Parking must generally be located in the rear or side of Buildings. Except as
provided in Section 20G.04.05(H), no parking is allowed in the Front Yard
Setback.
H. Development Standards for I Jses Permitted in the SFA Zone The development
standards set forth in Section 20G.05.01(B) through 20G.05.01(K) inclusive shall apply
to any use permitted by the Single Family Attached Zone.
20G.06 Zoning Waiver.6
20G.06.01 The Commission may, after a public hearing, grant an applicant a waiver of any of the
dimensional and quantitative standards of this Chapter, but not by greater than thirty -five percent
(35 %) of the specified standard. However, any approval of such a waiver is subject to all of the
following criteria:
A. The proposal must be in harmony with the purposes and the land -use standards
contained in this Chapter.
B. The proposal must enhance the overall development plan, the adjoining streetscapes and
neighborhoods, and the overall Old Meridian District.
C. The proposal must not produce a site plan or street/circulation system that would be
impractical or detract from the appearance of the development plan or the Old Meridian
District, and must not adversely affect emergency vehicle access or deprive adjoining
noncommercial properties of adequate light and air.
20G.06.02 In granting a waiver, the Commission may impose such conditions that will, in its
judgment, secure the purposes of this Chapter. This paragraph does not affect the right of an
applicant under Indiana law to petition the Board for a variance from development standards, as
provided in IC 36 -7 -4 -918.5 and the Carmel/Clay Zoning Ordinance.
6 Section 20G.06 amended (renamed) per Ordinance No. Z- 453 -04, .ccp.
Chapter 20G: OM/Old Meridian District
20G -24
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
•
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CARMEL 0000281
•
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CITY OF CARMEL ZONING ORDINANCE
EXHIBIT A
Commencing at the point of intersection of the centerline of Guilford Road and the centerline of
Old Meridian Street found on Map No. 09- 36 -00, and extending southwesterly along the
centerline of Old Meridian Street approximately 365 feet.
Thence west, following the south property line of parcels 17- 09- 25- 00- 00- 001.002 and 17- 09 -26-
00-00- 003.001 (St. Vincent Hospital & Health), approximately 2550 feet.
Thence south along the western boundary of parcel no. 17- 09- 26- 00 -00- 007.000 approximately
600 feet.
Thence southwesterly, following a curve which runs parallel to and 600 feet from the right -of -way
of U.S. Highway 31, ending at the north right of way line of 1315` Street (Main Street),
approximately 1120 feet.
Thence west along the north right -of -way of 1315t Street (Main Street) to the point of intersection
with the west boundary of parcel 16- 09- 26- 00- 00- 001.001, approximately 200 feet.
Thence south a distance of 33 feet to the point of intersection of the south right -of -way of 1315t
Street (Main Street) and the east right -of -way line of Pennsylvania Street
Thence south, following the eastern right -of -way line of Pennsylvania Street, to it's point of
intersection with the southern property line of parcel 17- 09- 35- 00 -00- 024.000 (John Kirk),
approximately 4060 feet.
Thence east, following the southern property line of parcel 17- 09- 35- 00 -00- 024.000 (Kirk),
approximately 1320 feet.
Thence north, following the east property line of parcels 17- 09- 35- 00 -00- 024.000, 17- 09- 35 -00-
00- 025.000, 17- 09- 35- 00 -00- 026.000, 17- 09- 35- 00 -00- 027.000, and 16- 09- 26- 00 -00- 029.001,
approximately 1340 feet.
Thence east, following the south property line of parcels 16- 09- 26- 00 -00- 013.000 (Providence)
and 16- 09- 25- 00 -00- 018.000 (Twin Lakes Apartments) to the centerline of Guilford Road,
approximately 2630 feet.
Thence north, following the centerline of Guilford Road, approximately 720 feet.
Thence west, following the south property line of parcel 16- 09- 25- 00 -00- 019.000 (Carmel Clay
Schools), approximately 1300 feet.
Thence north, following the west boundary line of parcels 16- 09- 25- 00 -00- 019.000, 16- 09- 25 -00-
00- 019.001, and 16- 09- 25- 00 -00- 019.000 (Carmel Clay Schools) approximately 1485 feet.
Thence east, following the north boundary line of parcel 16- 09- 25- 00 -00- 019.000 (Carmel Clay
Schools) to the centerline of Guilford Road, approximately 1300 feet.
Thence, north, following the centerline of Guilford Road, approximately 2175 feet, to the point of
beginning, containing 370.35 acres more or less.
Chapter 200: OM/Old Meridian District
20G -25
as adopted per Z -352. As amended per Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CARMEL 0000282
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 206: OM/OLD MERIDIAN DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -352
Z -365 -01
76 -01 a OA
November 5, 2001
November 27, 2001
200.03
Z -369 -02
160-01 OA
April 1, 2002
April 1, 2002
206.05.02(A)(2)
Suring 2002 v2
Z -389 -02
32 -02 OA
September 3.2002
September 3.2002
Z -415 -03
39 -02 OA
November 17, 2003
November 18, 2003
206.04; 200.05
Autunm 2003 vI
Z- 453-04
150 -02 OA
August 16, 2004
August 16, 2004
206.00; 206.01;
200.05; 200.06;
206.07; Figure 23
Summer 2004 v I
Chapter 20G: OM/Old Meridian District
20G -36
as adopted per Z-352. As amended per Z- 365 -0l; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v I
•
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CARMEL 0000293
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 20H: P -1 /PARK & RECREATION DISTRICT
20H.00 P- 1/Park and Recreation District.
20H.01 Permitted Uses.
20H.02 Special Uses & Special Exceptions.
20H.03 unassigned.
20H.04 Height and Area Requirements.
2011.00 P -1 /Park and Recreation District.'
20H.00.01 Purpose and Intent. The purpose of this district is to provide for historic, museum,
religious and charitable, and park and recreational uses and to protect the environment within this
district by providing only for those uses and for compatible, less intensive urban land uses.
20H.01 Permitted Uses:2
See Appendix A: Schedule of Uses.
20H.02 Special Uses & Special Exceptions:3
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
20H.03 unassigned.
2011.04 Height and Area Requirements:5
20H.04.01 Maximum Height: None.
20H.04.02. Minimum Area:
A. Cemeteries: Thirty (30) acres
B. All other uses: Three (3) acres
20H.04.03 Minimum Lot Standards:
A. Minimum Front Yard: Forty (40) feet
1 Section 20H.00 amended per Ordinance No. Z- 415 -03, §bm.
2 Section 2011.01 amended per Ordinance No. Z- 378 -02; Z- 415 -03, §bn. Renumbered per Ordinance No. Z- 415 -03, §bo.
3 Section 20H.02 amended per Ordinance No. Z- 378 -02; Z- 415 -03, §bp. Renumbered per Ordinance No. Z- 415 -03, §bq.
4 Section 20H.04: Special Exceptions repealed per Ordinance No. Z- 415 -03, §br.
5 Section 201.04 amended per Ordinance No. Z- 415 -03, §bt. Renumbered per Z- 415 -03, §bs.
Chapter 20H: P- 1/Park & Recreation District
20H -1
Adopted per Z- 365 -01. Amended per Z- 378 -02; Z- 415 -03
Summer 2004 v 1
CARMEL 0000295
CITY OF CARMEL ZONING ORDINANCE
B. Minimum Side Yard: Twenty (20) feet
C. Minimum Aggregate of Side Yard: Fifty (50) feet
D. Minimum Rear Yard: Fifteen (15) feet
E. Minimum Lot Width: Two hundred (200) feet
F. Maximum Lot Coverage: Thirty-five percent (35 %) of lot
G. Minimum Ground Floor Area: One thousand (1,000) square feet.
Chapter 20H: P- 1/Park & Recreation District
20H -2
Adopted per Z- 365 -01. Amended per Z- 378 -02; Z- 415 -03
Summer 2004 vl
CARMEL 0000296
•
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 2011: P -1 /PARK & RECREATION DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27, 2001
Adopted
Z- 378 -02
25 -02 OA
April 15, 2002
April 15, 2002
20H.2; 20H.3
Summer 2002 vl
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
20H.00; 20H.01;
20H.02; 20H.03;
20H.04
Autumn 2003 vl
Chapter 20H: P- 1/Park & Recreation District
20H -3
Adopted per Z- 365 -01. Amended per Z- 378 -02; Z- 415 -03
Summer 2004 vl
CARMEL 0000297
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 20J: AG -1 /AGRICULTURE DISTRICT
20J.00 AG -1 /Agriculture District.
20J.01 Permitted Uses.
20J.02 Special Uses and Special Exceptions.
20J.03 Accessory Buildings and Uses.
20J.04 Height and Area Requirements.
20J.05 Variance.
20J.00 AG -1 /Agriculture District.
20J.00.01 Purpose and Intent.
The purpose of the AG -1 /Agriculture District is to recognize and address the needs of agricultural
lands and activities located in rapidly developing areas. It is the intention of this district to
preserve and conserve prime agricultural land and protect existing open areas from this
encroachment.
® 20J.01 Permitted Uses.
See Appendix A: Schedule of Uses.
20J.02 Special Uses and Special Exceptions. (See Chapter 21: Special Uses & Special
Exceptions for additional regulations)
See Appendix A: Schedule of Uses.
20J.02.01 Minimum Area Requirements:
Use Minimum Area
(Acres)
Commercial Greenhouse Ten (10)
Plant Nursery Ten (10)
Cemetery Thirty (30)
20J.02.02 Other Requirements: None.
20J.03 Accessory Buildings and Uses: (See Chapter 25: Additional Use Regulations for
additional regulations)
Chapter 20J: AG -1 /Agriculture District
20J -1
Adopted per Z- 417 -03.
Summer 2004 v 1
CARMEL 0000299
CITY OF CARMEL ZONING ORDINANCE
20J.04 Height and Area Requirements: (See Chapter 26: Additional Height, Yard and Lot Area
Regulations for additional regulations)
20J.04.01 Maximum Height:
1. Principal Building: Thirty-five (35) feet
2. Accessory Building: Twenty-five (25) feet
3. Agricultural Building: Fifty (50) feet
20J.04.02 Minimum Lot Area: Five (5) acres. Provided, however, any area devoted to feed
lot for cattle, hogs or poultry shall be a minimum of five hundred (500) feet from any dwelling
which is located on a lot of less than five (5) acres, other than the principal dwelling.
20J.04.03 Minimum Lot Standards:
1. Minimum Front Yard: Fifty (50) feet
2. Minimum Side Yard: Fifty (50) feet.
3. Minimum Rear Yard:
a. Principal Building: Fifty (50) feet
b. Accessory Building: Fifty (50) feet
c. Agricultural Building: One hundred fifty (150) feet
4. Minimum Lot Width: Three hundred (300) feet
5. Maximum Lot Coverage: Fifteen percent (15 %) of lot
6. Minimum Ground Floor Area:
a. One -Story dwelling: One thousand (1,000) square feet
b. Two- or more story Dwelling: Eight hundred (800) square feet
7. Minimum Lot Frontage: Three hundred (300) feet on a Street
8. Maximum Lot Depth -to -Width Ratio: Four to One (4:1)
20J.05 Variance.
Any property owner owning property with an existing use that was a legally permitted use prior to
annexation of the land but would not be a legally permitted use within the corporate boundaries of the City
shall have twenty-four (24) months in which to apply for a variance and all fees for such application shall
be waived. The twenty-four -month period shall run from the effective date' of this ordinance if the
property is within the corporate boundaries of the City of Carmel on the effective date of this ordinance.
The twenty-four -month period shall run from the effective date of the annexation ordinance that annexes
the property into the City of Carmel if the property is not within the corporate boundaries of the City of
Carmel on the effective date of this ordinance.
1 Ordinance No. Z- 417 -03 effective Monday, October 20, 2003.
Chapter 20J: AG -1 /Agriculture District
20J -2
Adopted per Z- 417 -03.
Summer 2004 vl
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CARMEL 0000300
•
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 20J: AG-1 /AGRICULTURE DISTRICT
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z- 417 -03
162 -02 OA
October 20, 2003
October 20, 2003
Adopted
Summer 2003 vl
Chapter 20J: AG -1 /Agriculture District
20J -3
Adopted per Z- 417 -03.
Summer 2004 vl
CARMEL 0000301
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 21: SPECIAL USES & SPECIAL EXCEPTIONS
21.00 Special Uses and Special Exceptions
21.01 General information
21.02 Procedure
21.03 Basis of Board Review
21.04 Basis of Board Approval or Rejection
21.05 Expansion of Approved Special i Jses or Special Exceptions
21.06 Special IJses or Special Exceptions in Flood Plain Districts
21.07 Provisions for Financial Performance and Maintenance Guarantees for Special IJses
21.00 $pedal IJses and Special Exceptions.'
21.01 General Information.
Special Use or Special Exception approval by the Board shall be necessary prior to the establishment of a
Special Use or Special Exception, so cited by the district regulations herein, or the issuance of an
Improvement Location Permit for said Special Use. Special Uses shall generally be considered favorably
by the Board, except in cases where the Board finds the proposed Special Use obviously inappropriate as a
result of special and unique conditions determined as a result of the review procedure established herein.
21.02 Procedure.'
21.02.01 Procedure Generally Whenever an application for a Special Use or Special Exception within the
jurisdiction of this Ordinance is made, it shall follow the procedure set forth herein and shall
conform to the regulations and requirements of this Ordinance.
21.02.02Consultation with the Director and Application Applicants shall meet with theDirector to review
the zoning classification of their site, review copies of the regulatory ordinances and materials,
review the Special Use or Special Exception procedures and examine the proposed use and
development of the property. The Director shall aid and advise the applicant in preparing his
application and supporting documents as necessary. The applicant shall then submit two (2)
copies of the written application form and all necessary supporting documents and materials.
21 02 03Initial Review of the Application and Supporting Documents and Materials by the Director;
Submission to the Board Following the receipt of the written application and necessary
supporting documents and materials by the Director, he shall then review the materials solely for
the purpose of determining whether the application is complete and in technical compliance with
all applicable ordinances, laws and regulations, and therefore entitled to be forwarded to the
Board. If the materials submitted by the applicant are not complete or do not comply with the
I Section 21.00 amended per Ordinance No. Z -320.
2 Section 21.02 amended per Ordinance No. Z- 365 -01; Z- 460 -04, §a.
Chapter 21: Special Uses & Special Exceptions
21 -1
as amended per Z -320; Z- 365 -01; Z- 460 -04
Winter 2005 vl
CARMEL 0000303
CITY OF CARMEL ZONING ORDINANCE
necessary legal requirements, the Director shall inform the applicant of the deficiencies in said
materials. Unless and until the Director formally accepts the Special Use or Special Exception
application as complete and in legal compliance, it shall not be considered as formally filed for the
purpose of proceeding to succeeding steps toward Special Use or Special Exception approval as
hereinafter set forth. Within thirty (30) days of the formal acceptance of the application by the
Director, he shall formally file the application by placing it upon the agenda of the Board,
according to the Board's Rules of Procedure.
21.02.04Puhlic Hearing by the Board Once the Director has accepted and filed the application with the
Board, the Board or its delegate shall assign a docket number and set a date and time for a public
hearing as required by the Rules of Procedure of the Board. The applicant shall be responsible for
the cost and publication of the required published legal notification of the public hearing. The
applicant shall also notify all interested parties and property owners as required by the Rules of
Procedure of the Board. The conduct of the public hearing shall be in accordance with the
Board's Rules of Procedure.
21.02.05Approval or Denial of the Special Use or Special Exception Application by the Board Upon
approval of the Special Use or Special Exception, the Board shall inform the Director that he may
issue Improvement Location Permits for the Special Use or Special Exception and inform the
applicant of the time limits set forth in Section 21.02.07. The Board shall inform the applicant that
he may apply to the Director for Improvement Location Permits for the Special Use or Special
Exception, if necessary, or may commence the Special Use or Special Exception if no permits are
required. Failure of the Director to inform the applicant of the time limits set forth in Section
21.02.07 shall not relieve the applicant of complying with said Section.
A Special Use or Special Exception application that is denied by the Board is ineligible to be
placed again on the Board's agenda for consideration until the legality of the Board's decision is
finally determined by a court, pursuant to judicial review according to the Advisory Planning
Law, or for a period of twelve (12) months following the date of the denial, whichever is later. In
addition, whenever a Special Use or Special Exception application is denied, the property
involved in the application may not be the subject of a different Special Use or Special Exception
application, or any variance application or rezone proposal, for a period of six (6) months
following the date of the denial.
21.02.06AIIthorization In no event shall a Special Use or Special Exception be established or an
Improvement Location Permit be issued for improvements for a Special Use or Special Exception
prior to the approval of the Special Use or Special Exception by the Board unless otherwise
excepted herein.
21.02.07 Time T.imit Any person to whom a Special Use or Special Exception is granted by the Board,
under the procedures set forth in this chapter, shall have commenced continuous construction of
said Special Use or Special Exception or implemented said Special Use or Special Exception
within one year of the date of the granting of the approval or said approval shall become null and
void.
Upon application to the Director before the expiration of said approval, and upon good cause
shown, said approval may be extended for six (6) months.
Chapter 21: Special Uses & Special Exceptions
21 -2
as amended per Z -320; Z- 365 -01; Z- 460 -04
Winter 2005 vl
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CITY OF CARMEL ZONING ORDINANCE
21.03 Basis of Board Review.3
The Board, in reviewing the Special Use or Special Exception application, shall give consideration to the
particular needs and circumstances of each application and shall examine the following items as they relate
to the proposed Special Use or Special Exception:
1. Topography;
2. Zoning on site;
3. Surrounding zoning and land Use;
4. Streets, curbs and gutters and sidewalks;
5. Access to public streets;
6. Driveway and curb cut locations in relation to other sites;
7. General vehicular and pedestrian traffic;
8. Parking location and arrangement;
9. Number of parking spaces needed for the particular Special Use;
10. Internal site circulation;
11. Building height, bulk and setback;
12. Front, side and rear yards;
13. Site coverage by building(s), parking area(s) and other structures;
14. Trash and material storage;
15. Alleys, service areas and loading bays;
16. Special and general easements for public or private Use;
17. Landscaping and tree masses;
18. Necessary screening and buffering;
19. Necessary fencing;
20. Necessary exterior lighting;
21. On -site and off -site, surface and subsurface storm and water drainage;
22. On -site and off -site utilities;
23. Dedication of streets and rights -of -way;
24. Proposed signage (subject to regulations established by the Sign Ordinance); and
25. Protective restrictions and/or covenants.
26. Need for lifeguards and other supervisory personnel, in respect to a private recreational
development or facility.
3 Section 21.03 amended per Ordinance No. Z- 365 -01.
Chapter 21: Special Uses & Special Exceptions
21 -3
as amended per Z -320; Z- 365 -01; Z- 460 -04
Winter 2005 vl
CARMEL 0000305
CITY OF CARMEL ZONING ORDINANCE
21.04 Basis of Board Approval or Rejection.
21.04.01 Special i Jse Decisions The Board, in approving or rejecting a Special Use application, shall base
its decision upon the following factors as they relate to the above listed items (Section 21.03)
concerning the proposed Special Use:
1. The particular physical suitability of the premises in question for the proposed Special
Use.
2. The economic factors related to the proposed Special Use, such as cost/benefit to the
community and its anticipated effect on surrounding property values.
3. The social/neighborhood factors related to the proposed Special Use, such as
compatibility with existing uses and those permitted under current zoning in the vicinity
of the premises under consideration and how the proposed Special Use will effect
neighborhood integrity.
4. The adequacy and availability of water, sewage and storm drainage facilities and police
and fire protection.
5. The effects of the proposed Special Use on vehicular and pedestrian traffic in and around
the premises upon which the Special Use is proposed.
21.04.02Special Exception Decisions A Special Exception application may be approved by the Board
only upon a determination in writing that:
1. The approval will not be injurious to the public health, safety, morals, and general
welfare of the community, in relation to the above listed items (Section 21.03)
concerning the proposed Special Exception;
2. The use and value of the area adjacent to the premises under consideration will not be
affected in a substantially adverse manner;
3. The need for the Special Exception arises from the applicant's responsibility to provide
public utility service, and not from any condition peculiar to the premises under
consideration;
4. It will constitute an unnecessary hardship for the applicant if the Special Exception is
denied, in that there are no existing or approved towers or other structures in the vicinity
of the premises under consideration which would be suitable for the collocation of the
equipment that the applicant needs to locate in such vicinity, having regard to the
following factors:
a. Whether the needed equipment would exceed the structural capacity of such
existing or approved towers or structures, as documented by a qualified
professional engineer, and whether such towers or structures could be
reinforced, modified, or replaced to accommodate the needed or equivalent
equipment at a reasonable cost;
b. Whether the needed equipment would cause interference materially impacting
the usability of existing or planned equipment at such existing or approved
towers or structures, as documented by a qualified professional engineer, and
whether such interference could be prevented at reasonable cost; and
c. Whether the needed equipment could be accommodated on such existing or
approved towers or structures at a height necessary to function reasonably, as
documented by a qualified professional engineer; and
5. The approval of the Special Exception does not interfere substantially with the
Comprehensive Plan, in that there are no alternative sites suitable (having regard to the
Chapter 21: Special Uses & Special Exceptions
21 -4
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factors listed above in subparagraph (4)) for the equipment that the applicant needs to
locate in the vicinity which are located in either Business, Industrial, or Manufacturing
Districts, or on property outside of the jurisdiction or otherwise exempt from the
requirements and procedures of this Zoning Ordinance.
21.05 Expansion of Approved Special Uses or Special Exceptions.
An approved Special Use or Special Exception may be expanded up to ten percent (10 %) of the approved
gross floor area without obtaining further Special Use or Special Exception approval if the approved use or
exception is continued in the expansion, if the particular building height, bulk, setback, yard, parking, etc.
requirements are adhered to and if the proper permits for the expansion, such as an Improvement Location
Permit, are obtained.
21.06 ,Special Uses or Special Exceptions in Flood Plain Districts .4
The Board may not exercise Special Use or Special Exception approval in any of the Flood Plain Districts
(FP, FW or FF) until the Board has received written approval from the Indiana Natural Resources
Commission for the proposed Special Use or Special Exception, including any reports supplementary
thereto.
21.07 Provisions for Financial Performance and Maintenance Guarantees for Special
Uses.
As a prerequisite to Special Use approval on projects subject to new construction, the developer shall agree
to provide financial performance and maintenance guarantee for public facility improvements and
installations to be constructed in and, as necessary for proper connection and system coordination,
adjoining the proposed Special Use. The public facility improvements and installations shall include
streets (base and paving, individually), curbs and gutters, sidewalks, storm water drainage and storm sewer
systems, sanitary sewer systems, water supply systems, street name signs, monuments and markers and the
various appurtenances related thereto. All construction shall be according to plans submitted as a portion
of the Special Use application and accompanying data, subject to standards and specifications cited herein.
Non - public facility improvements and installations shall be subject to financial guarantees established by
their ownership.
21.07.01 Performance Guarantee Prior to or at the time of Special Use approval, the developer shall be
required to provide financial performance guarantee, by certified check, letter of credit, or
performance bond running to:
A. City of Carmel jurisdiction: City of Carmel
B. Hamilton County jurisdiction: Board of Commissioners of Hamilton County
The financial performance guarantee shall provide for the completion of all public facility
improvements and installations required under the provisions of this Ordinance, and shall be
conditioned upon the following:
1. The completion of public facility improvements and installations shall be within two (2)
years from the approval of the Special Use.
2. A penal sum shall be fixed and approved by the Board equal to one hundred percent
(100 %) of the total estimated current cost to the City or County of all public facility
4 For additional regulations regarding Flood Plain Districts, see Chapter 22: Flood Hazard Districts.
Chapter 21: Special Uses & Special Exceptions
21 -5
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improvements and installations provided in the Special Use application and
accompanying data according to specifications cited herein.
3. Each public facility improvement or installation provided in the Special Use application
or accompanying data shall be bonded individually, or shall have an individual letter of
credit or certified check to cover the penal sum, and shall not have the performance
guarantee provided in combination with any of the other public facility improvements
and installations.
4. The performance bond, certified check, or letter of credit shall be issued in the name of
the owner, developer, contractor or other responsible party as determined by the Board.
21.07.02 Extension of Completion Time and Non-Performance.
1. Should the developer not complete the public facility improvements and installations as
herein required within the stated two (2) year period, the Director may approve an
extension of up to two (2) years, granted at six-month intervals, for completion of the
required public facility improvements and installations.
2. Should the developer not complete the public facility improvements and installations as
herein required within the two -year period, or within any time extension approved by the
Director, the proper authorities may take the necessary steps to proceed with the
completion of the public facility improvements and installations, making use of the
certified check, letter of credit, or performance bond.
21.07.03Release of Performance Guarantee Upon the faithful completion of the required public facility
improvements and installations according to the Special Use application and accompanying data
and the specifications cited herein, the developer shall inform the Director who shall confirm that
said public facility improvements and installations have been completed in conformity with this
Ordinance. Following said confirmation, the subdivider shall provide the Director with two (2)
sets of "as- built" plans showing the storm water drainage and storm sewer systems, water supply
system, sanitary sewer system and monuments and markers as they were installed. The developer
may then request the release of the performance guarantee posted with the appropriate authority.
Upon the receipt of a maintenance guarantee, as specified herein, the appropriate authority shall
release the performance guarantee within sixty (60) days. The performance guarantee for each
individual public facility improvement or installation may be handled separately and shall in no
way be contingent on the completion of any of the other individual public facility improvements
and installations or their performance guarantees.
21.07.04Maintenanee Guarantee Prior to the release of the performance guarantee, the developer shall be
required to provide financial maintenance guarantee, by certified check payable to the appropriate
authority or maintenance bond running to the appropriate authority, that all public facility
improvements and installations required under the provisions of this Ordinance shall be
maintained according to specifications cited herein. Said financial maintenance guarantee shall be
conditioned upon the following:
1. The maintenance guarantee shall run and be in force for a period of three (3) years from
the date of release of the performance guarantee.
2. A penal sum shall be fixed and approved by the Board but in no case shall the penal sum
be less than fifteen percent (15 %) of the total performance guarantee for streets and ten
percent (10 %) of the performance guarantee for all other public facility improvements
and installations. The minimum maintenance guarantee to be posted for streets shall be
no less than $5,000.00.
3. Each public facility improvement or installation shall be bonded individually, or shall
have an individual certified check to cover the penal sum, and shall not have the
Chapter 21: Special Uses & Special Exceptions
21 -6
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maintenance guarantee provided in combination with any of the other public facility
improvements and installations.
4. The maintenance bond shall be issued in the developer's name alone or in the name of
the developer and his subcontractor as co- signers. All certified checks provided for
financial maintenance guarantee shall be signed by the developer alone.
21.07.05Releases of Maintenance Guarantee All maintenance bonds shall expire at the end of the three
(3) year period for which they were established. Within sixty (60) days of the expiration date, the
appropriate authority shall return said expired maintenance bonds to the developer. In the case
where a certified check has been posted as a maintenance guarantee, the developer shall, at the
end of the three (3) year maintenance period, contact the appropriate authority in order to obtain
the release of the maintenance guarantee. The appropriate authority shall return said maintenance
guarantee to the developer within sixty (60) days. The maintenance guarantee for each individual
public facility improvement or installation may be handled separately and shall in no way be
contingent on the completion of any of the other individual public facility improvements and
installations or their maintenance guarantee.
Chapter 21: Special Uses & Special Exceptions
21 -7
as amended per Z -320; Z- 365 -01; Z- 460 -04
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CHAPTER 21: SPECIAL USES & SPECIAL EXCEPTIONS
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -320
Z- 365 -01
76 -01a OA
November 5, 2001
November 27, 2001
21.02.04; 21.03(26)
Z- 460 -01
04080064 OA
December 20, 2004
December 20, 2004
21.02.05
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Chapter 21: Special Uses & Special Exceptions
21 -8
as amended per Z -320; Z- 365 -01; Z- 460 -04
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CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 22: FLOOD HAZARD DISTRICTS
22.00 Flood Hazard District`
22.01 Statutory Authorization
22.02 Statement of Purpose
22.03 The Duties of the Director of the Department of Community Services
22.04 Regulatory Flood Elevation
22.05 Improvement Location Permit For Construction Within The Special Flood Hazard Zone (SFHA)
22.06 Preventing Increased Damages
22.07 Protecting Existing Buildings
22.08 Other Development Requirements
22.09 Variances
22.10 Disclaimer of Liability
22.11 Violations
22.12 Abrogation and Greater Restrictions
22.13 Separability
22.14 Effective Date
22.15 Definitions
22.00 Flood Hazard Districts
22.01 Statutory Authorization.
The Indiana Legislature granted the power to local units of government to control land use within their
jurisdictions which affect Special Flood Hazard Areas in order to provide uninterrupted greenways that
control flooding, improve water quality by filtering waterborne pollutants, provide habitat for highly varied
flora and fauna, and also contain wetland areas which are some of the most biologically productive lands
within the jurisdiction.
22.02 Statement of Purpose.
The purpose of this Ordinance is to guide development in the flood hazard areas in order to reduce the
potential for:
1. Loss of life and property;
2. Health and safety hazards;
3. Extraordinary public expenditures for flood protection and relief.
Chapter 22: Flood Hazard Districts
22 -1
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
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Under the authority granted to local units of government to control land use within their jurisdiction, which
includes taking into account the affects of flooding, the Common Council for the City of Carmel hereby
adopts the following floodplain management regulations in order to accomplish the following:
A. to prevent unwise developments from increasing flood or drainage hazards to others;
B. to protect new buildings and major improvements to buildings from flood damage;
C. to protect human life and health from the hazards of flooding;
D. to lessen the burden on the taxpayer for flood control projects, repair to flood - damaged public
facilities and utilities, and flood rescue and relief operations;
E. to maintain property values and a stable tax base by minimizing the potential for creating flood
blighted areas; and,
F. to make federally subsidized flood insurance available for property in the zoning jurisdiction of
the City of Carmel by fulfilling the requirements of the National Flood Insurance Program.
22.03 The Duties of the Director of the Department of Community Services.1'2
The Director for the Department of Community Services is appointed to review all development and
subdivision proposals to insure compliance with this Ordinance, including but not limited to the following
duties:
A. Ensure that all development activities within the "Special Flood Hazard Areas" (SFHA) of the
jurisdiction of the City of Carmel/Clay Township meet the requirements of this ordinance.
B. Provide information and assistance to citizens upon request about permit procedures and
floodplain construction techniques.
C. Ensure that construction authorization has been granted by the Indiana Natural Resources
Commission for all development projects subject to Section 22.06 of this Ordinance and maintain
a record of such authorization (either copy of actual permit or letter of recommendation).
D. Maintain a record of the "as- built" elevation of the lowest floor (including basement) of all new
and/or substantially improved buildings constructed in the SFHA.
E. Maintain a record of the engineer's certificate and the "as- built" floodproofed elevation of all
building subject to Section 22.07 of this Ordinance.
F. Cooperate with state and federal floodplain management agencies to improve base flood and
floodway data and to improve the administration of this Ordinance. Submit reports as required for
the National Flood Insurance Program.
G. Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, copies
of DNR permits and letters of recommendation, federal permit documents, and "as- built"
elevation and floodproofmg data for all buildings constructed subject to this ordinance.
H. Notify adjacent communities and the State Coordinating Officer prior to any alteration or
relocation of a watercourse, and submit copies of such notification to FEMA.
22.04 Regulatory Flood Elevation.'
This ordinance's protection standard is the regulatory flood. The best available regulatory flood data is
listed below. Whenever a party disagrees with the best available data, the party submitting the detailed
1 Section 22.03 amended per Ordinance No. Z -339; Z- 401 -03, §a.
2 See also City Code §7 -13: Review of Application and Flood Damage Prevention.
Chapter 22: Flood Hazard Districts
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engineering study needs to replace existing data with better data and submit it to the Department of Natural
Resources for review and approval.
A. The regulatory flood elevations for the SFHAs of White River, Cool Creek, Hot Lick Creek,
Williams Creed, Henley Creek, and Carmel Creek, within Clay Township, shall be as delineated
on the 100 -year flood profiles in the Flood Insurance Study of the City of Carmel dated February
19, 2003, and the corresponding Flood Insurance Rate Maps, dated February 19, 2003, as well as
any future updates, amendments, or revisions, prepared by the Federal Emergency Management
Agency with the most recent date.
B. The regulatory flood elevation for each SFHA delineated as an "AH Zone" or "AO Zone" shall be
that elevation (or depth) delineated on the Flood Insurance Rate Map of the City of Carmel.
C. The regulatory Flood Elevation for each of the remaining SFHAs delineated as an "A Zone" on
the Flood Insurance Rate Map of the City of Carmel shall be according to the best data available
as provided by the Department of Natural Resources.
22.05 Improvement Location Permit For Construction Within The Special Flood Hazard
Zone (SFHA) 4
No person, firm, corporation, or governmental body, not exempted by state law shall commence any
"development" in the SFHA without first obtaining an Improvement Location Permit from the Department
of Community Services. The Department of Community Services shall not issue an Improvement Location
Permit if the proposed "development" does not meet the requirements of this ordinance.
A. The application and materials required for an Improvement Location Permit shall be accompanied
by the elevation of lowest floor (including basement) of all proposed structures. Elevation should
be in National Geodetic Vertical Datum of 1929 (NGVD).
B. Upon receipt of an application for an Improvement Location Permit, the Director shall determine
if the site is located within an identified floodway, floodway fringe, or within the floodplain
where the limits of the floodway have not yet been determined.
1. If the site is in a identified floodway the Director shall require the applicant to forward
the application, along with all pertinent plans and specifications, to the Department of
Natural Resources and apply for a permit for construction in a floodway.
Under the provisions of IC 14 -28 -1, a permit from the Natural Resources Commission is
required prior to the issuance of a local building permit for any excavation, deposit,
construction or obstruction activity located in the floodway. This includes land
preparation activities such as filling, grading, clearing and paving etc. undertaken before
the actual start of construction.
No action shall be taken by the Director until a permit has been issued by the Natural
Resources Commission granting approval for construction in the floodway. Once a
permit has been issued by the Natural Resources Commission, the Director may issue an
Improvement Location Permit, provided the provisions contained in Sections 22.06 and
22.07 of this Ordinance have been met. The Improvement Location Permit cannot be
less restrictive than the permit issued by the Natural Resources Commission.
2. If the site is located in an identified floodway fringe, then the Director may issue an
Improvement Location Permit provided the provisions contained in Sections 22.06 and
22.07 of this Ordinance have been met. The lowest floor of any new or substantially
3 Section 22.04 amended per Ordinance No. Z -339; Z- 401 -03, §b.
4 Section 22.05 amended per Ordinance No. Z -339; Z- 401 -03, §c.
Chapter 22: Flood Hazard Districts
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Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
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CITY OF CARMEL ZONING ORDINANCE
improved structure shall be at or above the Flood Protection Grade (two (2) feet above
the 100 -year elevation as specified by Section 312 Indiana Administrative Code 10).
3. If the site is in an identified floodplain where the limits of the floodway and floodway
fringe have not yet been determined (shown as zone A on the Flood Insurance Rate
map), and the drainage area upstream of the site is greater than one (1) square mile, the
Director shall require the applicant to forward the application, along with all pertinent
plans and specifications, to the Department of Natural Resources for review and
comment.
No action shall be taken by the Director until either a permit for construction in the
floodway or a letter of recommendation citing the 100 -year flood elevation and the
recommended Flood Protection Grade has been received from the Department of Natural
Resources.
Once the Director has received the proper permit or letter of recommendation approving
the proposed development, an Improvement Location Permit may be issued provided the
conditions of the Improvement Location Permit are not less restrictive than the
conditions received from the Department of Natural Resources and the provisions
contained in Sections 22.06 and 22.07 of this Ordinance have been met.
4. If the site is an identified floodplain where the limits of the floodway and floodway
fringe have not yet been determined and the drainage area upstream of the site is less
than one (1) square mile, the Zoning Administrator shall require the applicant to provide
an engineering analysis showing the limits of the floodway, floodway fringe and 100 -
year elevation for the site. Upon receipt, the Zoning Administrator may issue the local
Improvement Location Permit, provided the provisions contained in Sections 22.07 and
22.08 of this ordinance have been met.
22.06 Preventing Increased Damages..
No development in the SFHA shall create a damaging or potentially damaging increase in flood heights,
velocity, or threat to public health and safety.
A. Within the floodway identified on the Flood Boundary and Floodway Map or the Flood Insurance
Rate Map, the following standards shall apply:
1. No development shall be allowed which acting alone or in combination with existing or
future similar works, will cause Azy increase in the elevation of the regulatory flood; and
2. For all projects involving channel modifications or fill (including levees) the City shall
submit a request to the Federal Emergency Management Agency to revise the regulatory
flood data.
B. Within all SFHAs identified as A Zones (no 100 -year flood elevation and/or floodway /floodway
fringe delineation has been provided) the total cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not increase the
regulatory flood elevation more than one -tenth (0.1) of one foot and will not increase flood
damages or potential flood damages.
C. Public Health Standards in all SFHAs:
1. No development in the SFHA shall include location or storing chemicals, explosives,
buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials
below the Flood Protection Grade (FPG), unless such materials are stores in a storage
tank or floodproofed building constructed according to the requirements of Section 22.08
of this Ordinance.
Chapter 22: Flood Hazard Districts
22 -4
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
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2. New and replacement sanitary sewer lines and on -site waste disposal systems may be
permitted providing all manholes or other above ground openings located below the FPG
are watertight.
22.07 Protecting Existing Ruildings.5
In addition to the damage prevention requirements of Section 22.06, all buildings to be located in the
SFHA shall be protected from flood damage below the FPG.
A. This building protection requirement applies to the following situations:
1. construction or placement of any new building having an enclosed area greater than four
hundred (400) square feet;
2. structural alterations made to:
a. an existing (previously unaltered) building, the cost of which equals or exceeds
fifty percent (50 %) of the value of the pre - altered building (excluding the value
of the land);
b. any previously altered building;
3. installing a manufactured home on a new site or a new manufactured home on an
existing site. This Ordinance does not apply to returning the existing manufactured home
to the same site it lawfully occupied before it was removed to avoid flood damage; and,
4. placement of a recreational vehicle on a site for more than one hundred eighty (180)
days.
B. This building protection requirement may be met by one of the following methods. The Director
shall maintain a record of compliance with these building protection standards as required in
Section 22.03 of this Ordinance.
1. A residential or non - residential building may be constructed on a permanent grade or fill
in accordance with the following:
a. The fill shall be placed in layers no greater than one (1) foot deep before
compacting to ninety-five percent (95 %) of the maximum density obtainable
with the Standard Proctor Test method.
b. The fill should extend at least ten (10) feet beyond the foundation of the
building before sloping below the FPG.
c. The fill shall be protected against erosion and scour during flooding by
vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes
shall be no steeper than three (3) horizontal to one (1) vertical.
d. The fill shall not adversely affect the flow of surface drainage from or onto
neighboring properties.
e. The lowest floor (see definition of Lowest Floor) shall be at or above the FPG.
5 Section 22.07 amended per Ordinance No. Z -339; Z- 401 -03, §d-h.
Chapter 22: Flood Hazard Districts
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2. A residential or non - residential building may be elevated in accordance with the
following:
a. The building or improvements shall be elevated on posts, piers, columns,
extended walls, or other types of similar foundation provided:
1) Walls of any enclosure below the elevated floor shall be designed to
automatically equalize hydrostatic flood forces on the walls by
allowing for the entry and exit of flood waters, through providing a
minimum of two (2) openings (in addition to doorways and windows)
having a total area of one (1) square inch for every one (1) square foot
of enclosed area subject to flooding. The bottom of all such openings
shall be no higher than one (1) foot above grade.
2) Any enclosure below the elevated floor is used for storage of vehicles
and building access.
b. The foundation and supporting members shall be anchored and aligned in
relation to flood flows and adjoining structures so as to minimize exposure to
known hydrodynamic forces such as current, waves, ice, and floating debris.
c. All areas below the FPG shall be constructed of materials resistant to flood
damage. The lowest floor (including basement) and all electrical, heating,
ventilating, plumbing, and air conditioning equipment and utility meters shall be
located at or above the FPG. Water and sewer pipes, electrical and telephone
lines, submersible pumps, and other waterproofed service facilities may be
located below the FPG.
3. Manufactured homes and travel trailers (also called recreational vehicles) to be installed
or substantially improved on a site for more than one hundred eighty (180) days must
meet one of the following anchoring requirements:
a. The manufactured home shall be elevated on a permanent foundation such that
the lowest floor shall be at or above the FPG and securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement. This requirement applies to all manufactured homes to be placed on
a site:
1) outside a manufactured home park of subdivision;
2) in a new manufactured home park or subdivision;
3) in an expansion to an existing manufactured home park or subdivision;
or,
4) in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as a result of a
flood.
b. The manufactured home shall be elevated so that the lowest floor of the
manufactured home chassis is supported by reinforced piers or other foundation
elements that are no less than thirty-six (36) inches in height above grade and be
securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
This requirement applies to all manufactures homes to be placed on a site in an
existing manufactured home park or subdivision that has not been substantially
damaged by a flood.
Chapter 22: Flood Hazard Districts
22 -6
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
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4. Recreational vehicles placed on site shall either:
a. be on the site for less than one hundred eighty (180) consecutive days;
b. be fully licensed and ready for highway use (defined as being on its wheels or
jacking system, is attached to the sits only by quick disconnect type utilities and
security devices, and has no permanently attached additions); or,
c. meet the requirements for "manufactured homes" in paragraph 3 of this
Section.
5. A non - residential building may be floodproofed to the FPG (in lieu of elevating) if done
in accordance with the following:
a. A Registered Professional Engineer shall certify that the building has been
designed so that below the FPG, the structure and attendant utility facilities are
watertight and capable of resisting the effects of the regulatory flood. The
building design shall take into account flood velocities, duration, rate of rise,
static pressures, and impacts from debris or ice.
b. Floodproofing measures shall be operable without human intervention and
without an outside source of electricity.
22.08 Other Development Requirements.
A. The Director shall review all proposed subdivisions to determine whether the subdivision lies in a
SFHA. If the Director finds the subdivision to be so located, the Director shall forward plans and
materials to the Indiana Department of Natural Resources for review and comment. The
subdivision Development Plan shall show:
1. consistency with the need to minimize flood damages;
2. all public utilities and facilities, such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage;
3. adequate drainage will be provided so as to reduce exposure to flood hazards;
4. on -site waste disposal systems, if provided, will be so located and designed to avoid
impairment of them or contamination from them during the occurrence of the regulatory
flood.
B. Developers shall indicate the 100 -year flood elevation on all subdivision plats containing lands
identified as SFHA prior to submitting the plats for approval by the Plan Commission.
22.09 Variances.
The Board of Zoning Appeals may issue a variance to the terms and provisions of this Ordinance subject to
the following standards and conditions:
1. No variance or exception for a residential use within a floodway subject to Section 22.06 (a) or
(b) may be granted.
2. Any variance or exception granted in a floodway subject to Section 22.06 (a) or (b) will require a
permit from Natural Resources.
3. Variances or exceptions to the Building Protection Standards of Section 22.07 may be granted
only when a new structure is to be located on a lot of one -half ('/) acre or less in size, contiguous
to and surrounded by lots with existing structures constructed below the Flood Protection Grade.
Chapter 22: Flood Hazard Districts
22 -7
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Summer 2004 v 1
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4. Variance or exception may be granted for the reconstruction or restoration of any structure
individually listed on the Register of Historic Places or the Indiana State Survey of Historic
Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects;
5. All variances shall give the maximum relief necessary and be such that the maximum practical
flood protection will be given to the proposed construction; and
6. The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or
exception that the proposed construction will be subject to increased risks to life and property and
could require payment of excessive flood insurance premiums.
22.10 Disclaimer of Liability
The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes
and is based on available information derived from engineering and scientific methods of study. Larger
floods can and will occur on rare occasions. Therefore, this Ordinance does not create any liability on the
part of the community, the Department of Natural Resources, or the State of Indiana, for any flood damage
that results from reliance on this Ordinance or any administrative decision made lawfully thereunder.
22.11 Violations.'
Failure to obtain an Improvement Location Permit in the SFHA or failure to comply with the requirements
of a permit or conditions of a variance shall be deemed to be a violation of this Ordinance. All violations
shall be considered a common nuisance and be treated as such in accordance with the. provisions of the
Zoning Code for the City of Carmel/Clay Township, and shall be subject to citation and fine in accordance
with Chapter 34: Zoning Violations.
A. A separate offense shall be deemed to occur for each day the violation continues to exist.
B. The Carmel/Clay Plan Commission shall inform the owner that any such violation is considered a
willful act to increase flood damages and therefore may cause coverage by a Standard Flood
Insurance Policy to be suspended.
C. Nothing herein shall prevent the City of Carmel/Clay Township from taking such other lawful
action to prevent or remedy any violations. All costs connected therewith shall accrue to the
person or persons responsible.
22.12 Abrogation and Greater Restrictions.'
This Ordinance repeals and replaces other ordinances adopted by the City Council to fulfill the
requirements of the National Flood Insurance Program. However, this Ordinance does not repeal the
original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this Ordinance
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Ordinance
or other Ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the
more restrictive restrictions shall take precedence. In addition, the City Council shall assure that all
National Flood Insurance regulations (Contained in 44 CFR 60.3) and State Floodplain Management
regulations and laws (312 IAC 10, IC 14 -28 -1 and IC 14 -28 -3) are met.
6 Section 22.10 amended per Ordinance No. Z- 401 -03, §i.
7 Section 22.11 amended per Ordinance No. Z -339; Z- 401 -03, §j.
8 Section 22.12 amended per Ordinance No. Z- 401 -03, §k.
Chapter 22: Flood Hazard Districts
22 -8
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Summer 2004 vl
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CARMEL 0000319
CITY OF CARMEL ZONING ORDINANCE
22.13 Separability.
The provisions and sections of this Ordinance shall be deemed separable and the invalidity of any portion
of this Ordinance shall not affect the validity of the remainder.
22.14 Effective Date.
This Ordinance shall take effect upon its passage by the Common Council for the City of Carmel.9
A. All prior Ordinances or parts thereof inconsistent with any provisions of this Ordinance are hereby
repealed.
B. This Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
22.15 Definitions 1°
Terms used in this Ordinance are defined in Chapter 3: Definitions.
9 Ordinance No. Z -287 effective Monday, October 4, 1993.
10 Section 22.15 adopted per Ordinance No. Z -311. Amended per Ordinance No. Z -339; Z- 401 -03, §l -m; Z- 416 -03, §b -c.
Chapter 22: Flood Hazard Districts
22 -9
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Summer 2004 vl
CARMEL 0000320
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 22: FLOOD HAZARD DISTRICTS
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -311
Z -339
Z- 401 -03
150 -02a OA
January 6, 2003
January 6, 2003
22.03; 22.04; 22.05;
22.07; 22.10; 22.11;
22.12; 22.15
Winter 2003 vl
Z- 416 -03
40 -02 OA
November 17, 2003
November 18, 2003
22.15
Autumn 2003 vl
Chapter 22: Flood Hazard Districts
22 -10
Adopted per Z -287. As amended per Z -311, Z -339, Z- 401 -03; Z- 416 -03
Summer 2004 vl
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CARMEL 0000321
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 23A: STATE HIGHWAY 431 — KEYSTONE AVENUE CORRIDOR OVERLAY ZONE
23A.00 State Highway 431 Overlay Zone
23A.01 District Boundaries
23A.02 Minimum Front Yard..
23A.03 Landscaping
23A.04 Parking
23A.05 unassigned
23A.06 Other Requirements
23A.00 State Highway 431 Overlay Zone.'
23A.00.01 Purposes Intent and Authority The purpose of this zone is to provide consistent
treatment for properties bordering the limited access highway, known as State Highway 431, to
preserve the aesthetic qualities of these properties, and to protect the health and safety of the
property owners. This district is superimposed over the other primary zoning districts and its
regulations shall supersede those of the primary zoning districts over which it is superimposed.
The Plan Commission, in establishing this zone, is relying on I.C. 36 -7 -4 -100 et seq.
23A.00.02 Plan Commission Approval
A. Development Plan (DP) Not required.
B. Architectural Design, Exterior Lighting, Landscaping, Parking, and Signage (ADT,S)
1. Property Zoned and 1 Jsed for Single- and Two- Family Dwellings Architectural
Design, Exterior Lighting, Landscaping, Parking, and Signage (ADLS) not
required.
2. Multi- Family, Business, Industrial, and Manufacturing Districts and /or 1 Jses
Commission approval of the Architectural Design, Exterior Lighting,
Landscaping, Parking, and Signage (ADLS) is required. If a Parent Tract is
located both inside and outside of the State Highway 431 - Keystone Avenue
Corridor Overlay Zone, ADLS approval is required for the entire Parent Tract.
23A.00.99 Application Procedure
A. Development Plan Not required.
B. Architectural Design, Exterior T fighting, Landscaping and Signage (ADT,S) See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
I Section 23A.00 amended per Ordinance No. Z- 365 -01; Z- 453 -04, ,¢cs -ct.
Chapter 23A: State Highway 431 — Keystone Avenue Corridor Overlay Zone
23A -1
as adopted per Z -289; as amended per Z- 365 -01; Z- 369 -02; Z- 453 -04
Summer 2004 vl
CARMEL 0000323
CITY OF CARMEL ZONING ORDINANCE
23A.01 District Boundaries.
The boundaries of the State Highway 431 Overlay Zone are hereby established as shown on the Zoning
Map. The zone shall include an area of one hundred twenty (120) feet on either side of the right -of -way
for State Highway 431.
23A.02 Minimum Front Yard .2
From the right -of -way of State Highway 431:
A. Residential Zones- Thirty (30) feet.
B. Rosiness, industrial, and Manufacturing Districts and/or 1 Jses• One hundred twenty (120) feet.
23A.03 Landscaping.
A landscaped greenbelt area shall extend along the right -of -way of State Highway 431 with a depth of
thirty (30) feet.
23A.04 Parking.
Parking is prohibited within thirty (30) feet of the right -of -way in the greenbelt area.
23A.05 unassiged.3
23A.06 Other Requirement R.4
A. Primary Zoning DistrictR All other requirements not mentioned in this Section shall remain as
stated for that primary zoning classification district mapped.
B. Conflicting Ordinances Wherever there exists a conflict between the requirements of the U.S.
31/Meridian Street Overlay Zone and those of the State Highway 431/Keystone Avenue Corridor
Overlay Zone, the requirements for the U.S. 31/Meridian Street Corridor Overlay Zone shall
govern.
2 Section 23A.02 amended per Ordinance No. Z- 365 -01; Z- 369 -02, §ao.
3 Section 23A.05 amended per Ordinance No. Z- 365 -01; Z- 369 -02, §ap; Z- 453 -04, §cu. Renumbered per Ordinance No. Z- 453 -04, §cs.
4 Section 23A.06 amended per Ordinance No. Z- 369 -02, §ag.
Chapter 23A: State Highway 431 — Keystone Avenue Corridor Overlay Zone
23A -2
as adopted per Z -289; as amended per Z- 365 -01; Z- 369 -02; Z- 453 -04
Summer 2004 vl
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CITY OF CARMEL ZONING ORDINANCE
CHAPTER 23A: STATE HIGHWAY 431 — KEYSTONE AVENUE CORRIDOR OVERLAY ZONE
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -289
December 6, 1993
Z- 365 -01
76 -01a OA
November 5, 2001
November 27, 2001
23A.0.1; 23A.2;
23A.5
Z- 369 -02
160 -01 OA
April 1, 2002
April 1, 2002
23A.2; 23A.5; 23A.6
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
23A.00; 23A.05
Summer 2004 v l
Chapter 23A: State Highway 431 — Keystone Avenue Corridor Overlay Zone
23A -3
as adopted per Z -289; as amended per Z- 365 -01; Z- 369 -02; Z- 453 -04
Summer 2004 vl
CARMEL 0000325
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CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL /CLAY ZONING ORDINANCE
CHAPTER 23B: U.S. HIGHWAY 31 CORRIDOR OVERLAY ZONE
23B.00 U_S Highway 31 Corridor Overlay Zone
23B.01 District Boundaries
23B.02 Commission Review
23B.03 Permitted 1 Tres
23B.04 Special ITses
23B.05 UNTITLED.
23B.06 Accessory Buildings and 1 Tses
23B.07 Minimum Tract Size,
23B.08 Height and Yard Requirements
23B.09 Architectural Design Requirements.
23B.10 Landscaping Requirements.
23B.11 Public Art
23B.12 Parking Requirements.
23B.13 Lighting Requirements
23B.14 Bicycle and Pedestrian Access
23B.15 Access to Individual Tracts
23B.16 Additional Requirements
23B.17 Reservation of Land for Pending State Highway Improvements
23B.00 U.S. Higjtway 31 Corridor Overlay Zone.'
23B.00.01 Purpose, Intent and Authority
The purpose of the U.S. Highway 31 Overlay Zone is to promote and protect the public health,
safety, comfort, convenience and general welfare by providing for consistent and coordinated
treatment of the properties bordering U.S. Highway 31 (also known as the Carmel Meridian
Corridor) in Clay Township, Hamilton County, Indiana. The Commission and Council, in
establishing this zone, are relying on IC 36 -7 -4 -600 et seq. and IC 36 -7 -4 -1400 et seq. This
zoning district is, likewise, intended to serve as a tool for implementing the development policies
and guidelines set for the Corridor in the Comprehensive Plan. U.S. Highway 31 is a limited
access highway and an important business corridor to the City of Carmel and Clay Township.
The U.S. Highway 31 Corridor is a premier office location and employment center whose
viability, quality, and character are important to the community as a whole, adjacent residents,
employees, business owners, and taxing districts. Therefore, it is the further purpose of the U.S.
Highway 31 Overlay Zone to preserve the aesthetic qualities of those bordering properties
through:
(1) the promotion of coordinated development in the U.S. Highway 31 Overlay Zone;
1 Section 23B.00 amended per Ordinance No. Z- 453 -04, §cv-cw.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -1
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000327
CITY OF CARMEL ZONING ORDINANCE
(2) the establishment of high standards for buildings, landscaping, and other improvements
constructed on the properties within the U.S. Highway 31 Overlay Zone which permit
innovative site designs and at the same time encourage efficient land usage; and
(3) the establishment of development requirements which will encourage substantial capital
investments for the development of those properties and promote the quality, scale, and
character of development consistent with the Corridor's existing and planned uses.
23B.00.02 Plan Commission Approval
A. Development Plan The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the U.S. Highway 31 Corridor
Overlay Zone prior to the issuance of an Improvement Location Permit by the
Department. See Section 24.02: Development Plan.
B. Architectural Design, Fxterior bighting, Landscaping and Signage To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the U.S. Highway 31 Corridor
Overlay Zone prior to the issuance of an Improvement Location Permit by the
Department. See Section 24.03: Architectural Design, Exterior Lighting, Landscaping
and Signage.
23B.00.99 Application Procedure
A. Development Plan See Section 24.99(A): Development Plan.
B. Architectural Desigr>! Exterior lighting, landscaping and Signage (ADE,S) See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
23B.01 District Boundaries:
The boundaries of the U.S. Highway 31 Overlay Zone are hereby established as follows:
A. Beginning at north right -of -way line of 96th Street and extending to the north right -of -way line of
Interstate Highway 465, the boundary shall follow the centerlines of Spring Mill Road on the west
and College Avenue on the east.
B. Beginning at north right -of -way line of Interstate Highway 465 and extending to the south right -
of -way line of 131st Street, the boundary shall follow the centerlines of the proposed or
constructed parallel roads, namely Pennsylvania Street on the east, and Illinois Street (and
Meridian Corners Boulevard) on the west.
C. From the south right -of -way line of 131st Street to the south right -of -way line of 146th Street, or
the southern boundary of any TIF District that is contiguous to 146th Street, the boundary shall,
(unless otherwise shown on the official Zoning Map) include all land that is within six hundred
(600) feet of the right -of -way for U.S. Highway 31.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -2
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CARMEL 0000328
CITY OF CARMEL ZONING ORDINANCE
23B.02 Commission Review:2
• A. Development Plan The Commission must approve, approve with conditions, or disapprove the
Development Plan (DP) for any tract of land in the U.S. Highway 31 Overlay Zone.
1. The Commission shall hold a public hearing before it decides whether to approve or
disapprove a DP. However, no DP is required for additions to existing structures which:
a. Are attached to the existing structure;
b. Continue the architectural design of the existing structure, including exterior
color and materials; doors and windows, other detailing;
c. Meet with requirements of the underlying primary zoning district;
d. Do not exceed twenty percent (20 %) of the original gross floor area of the
existing structure, applicable from the date of this ordinance, and,
e. Have received a prior ADLS approval from the Commission.
2. The Commission shall review a DP application to determine if the DP satisfies the
development requirements specified in Sections 23B.03 through 23B.08. The
Commission's review shall include, but not be limited to, the following items:
a. Existing site features, including topography and wooded areas;
b. Zoning on site;
c. Surrounding zoning and existing land use;
d. Streets, curbs and gutters, sidewalks, and bicycle paths;
e. Access to public streets;
• f. Driveway and curb cut locations in relation to other sites;
g. General vehicular and pedestrian traffic;
h. Vehicle and bicycle parking facilities and internal site circulation;
i. Special and general easements for public or private use;
j. On -site and off -site surface and subsurface storm water drainage including
drainage calculations;
k. On -site and off -site utilities;
1. The means and impact of sanitary sewage disposal and water supply techniques;
m. Dedication of streets and rights -of -way, or reservation of land to be sold to
governmental authorities for future development of streets and rights -of -way;
n. Proposed setbacks, site landscaping and screening, and compatibility with
existing platted residential uses;
o. Project signage;
P. Protective restrictions and/or covenants;
q. Compatibility of proposed project with existing development within the U.S.
Highway 31 Corridor; and,
•
2 Section 23B.02 amended per Ordinance No. Z- 453 -04, §cx -dh.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -3
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000329
CITY OF CARMEL ZONING ORDINANCE
r. Consistency with the policies for the Overlay Zone which are set forth in the
Comprehensive Plan, including the Thoroughfare Plan.
3. Findings -of -Fact The Commission shall make written findings conceming each decision
to approve or disapprove a DP. The President of the Commission shall be responsible
for signing the written findings of the Commission.
B. Architectural Design, Exterior Lieting, Landscaping and Signagg Except as provided in
Paragraph (A)(1) above, for all projects in the U.S. Highway 31 Overlay Zone, the Commission
shall review and approve the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS), access to the property, site layout, parking and site circulation, pursuant to Sections
23B. 09 through 23B.15.
1. ADLS approval shall be necessary prior to:
a. The establishment of any use of land;
b. The issuance of any Improvement Location Permit;
c. The erection, reconstruction or structural alteration of any building(s) in the
U.S. Highway 31 Overlay Zone; or
d. Any changes in any site improvements.
2. An amendment to an ADLS may be reviewed and approved by a committee of the
Commission according to the Rules of Procedure. However, any interested party may
appeal the decision of the committee directly to the Commission.
C. Zoning Waiver. The Commission may, after a public hearing, grant a Plan Commission Waiver
of certain Development Requirements of this Chapter, so noted within. Any approval to permit
such a waiver shall be subject to the following criteria:
(1) The proposal shall be in harmony with the purposes and the land -use standards
contained in this Chapter.
(2) The proposal shall enhance the overall Development Plan, the adjoining streetscapes and
neighborhoods, and the overall U.S. 31 Corridor.
The proposal shall not produce a Site Plan or street/circulation system that would be
impractical or detract from the appearance of the Development Plan and the U.S. 31
Corridor, and shall not adversely affect emergency vehicle access or deprive adjoining
properties of adequate light and air.
(4) The proposal exhibits extraordinary site design characteristics, including, but not limited
to: Increased landscape treatment, tree preservation, public art, provisions for bicycles
and/or mass transit, reduced surface parking coupled with provisions for above or below
ground parking facilities.
In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure
the purposes of this Chapter. This Paragraph does not affect the right of an applicant under Indiana
law to petition the Board for a variance from development standards, as provided in IC 36 -7 -4-
918.5 and this Zoning Ordinance.
(3)
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -4
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CARMEL 0000330
CITY OF CARMEL ZONING ORDINANCE
23B.03 Permitted UTses:3
• All uses which are permitted in the underlying primary zoning district(s), except the uses expressly
excluded by Appendix A: Schedule of Uses, are permitted in the U.S. 31 Overlay Zone.
•
•
23B.04 SpecialIises:4
There shall be no Special Uses permitted in the U.S. Highway 31 Overlay Zone.
23B.05 5
23B.05.01 Excluded 1 TseR• See Appendix A: Schedule of Uses.
23B.05.02 Retail 1 TseR•
Retail Uses may be included in one or more buildings within a DP, subject to the following:
A. Retail Uses may comprise up to:
(1) Fifteen percent (15 %) of the Gross Floor Area (GFA) of any building; or,
(2) Up to thirty percent (30 %) of the GFA of one building may be retail uses,
provided that:
(a) Total square footage of retail uses designated in the development plan
does not exceed fifteen percent (15 %) of the GFA of all buildings
combined; or,
(b) Retail uses over fifteen percent (15 %) of the GFA of any one building
be located on the ground floor or below grade.
B. The Commission may grant a waiver to allow retail use to be located on floors other than
ground or below - grade, pursuant to the criteria found in Section 23B.02(G).
23B.06 Accessory Buildings and Uses:
All Accessory Buildings and uses which are permitted in the underlying primary zoning district(s) shall be
permitted, except that any attached or detached Accessory Building in any DP /ADLS shall have on all
sides the same building proportions, architectural features, construction materials, and in general be
architecturally compatible with the Principal Building(s) with which it is associated.
23B.07 Minimum Tract Size:
A. Except as provided in Paragraph C, below, the minimum area covered by a DP within the U.S.
Highway 31 Overlay Zone must be 217,800 square feet (5 acres).
B. If a Parent Tract (Tract) is located both inside and outside of the U.S. Highway 31 Overlay Zone,
a DP shall be submitted to the Commission for the entire tract. Wherever there exists a conflict
3 Section 23B.03 amended per Ordinance No. Z- 382 -02, §b; Z- 415 -03, §bu.
4 Section 23B.04 amended per Ordinance No. Z- 415 -03, §bv.
5 Section 23B.05 amended per Ordinance No. Z- 415 -03, §bw -bx.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -5
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
CARMEL 0000331
CITY OF CARMEL ZONING ORDINANCE
between the requirements of the underlying zoning and those of the U.S. 31 Overlay Zone, the
requirements for the U.S. 31 Overlay Zone shall prevail.
C. If a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date "),
and said parcel or lot does not contain the minimum area required by this Paragraph, said parcel or
lot ( "Undersized Lot ") may be used for any use permitted in the U.S. 31 Overlay Zone provided
that:
(1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized
Lot met the requirements for minimum lot size then in effect for a lot in the underlying
primary zoning district(s);
(2) The owner of the Undersized Lot must include any adjoining vacant land (not separated
by a street or public way) owned or owned by an affiliate on or before the Effective Date
or at the time of application which, if combined with the Undersized Lot would create a
parcel which conforms, or more closely conforms, to the requirements of this Paragraph;
and,
(3)
All other requirements applicable to the U.S. 31 Overlay Zone can be met.
D. Section 23B.07 does not preclude the sale or other transfer of any parcel of land within a Parent
Tract after the approval of a Development Plan (DP) for the entire tract. However, the
development of the parcel must still conform to the DP for the Parent Tract as approved or
amended by the Commission, and all other applicable requirements contained in the Zoning
Ordinance.
23B.08 Heigbt and Yard Requirements.6
The purpose of this Section is to provide site design requirements that align buildings along the edges of a
parcel, towards the public right -of -way of the U.S. 31 Corridor, and, where applicable, the I -465,
Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and Illinois Street Corridors. It
is the intent of these regulations to orient new buildings with their longest axis parallel to the adjoining
highway or street to create a sense of enclosure along the streets, with parking located to the rear, and, if
necessary, to the side of a building.
23B.08.01 Build-To Lines•
A. Except as allowed in Paragraph B below, all Principal Buildings shall be located on the
U.S. 31 Corridor Build -to Line, defined in Paragraph C below.
B. For Development Plans on Through Lots with two or more Principal Buildings
(buildings), up to one -half (' /z) of the buildings may be placed on the Pennsylvania Street,
Pennsylvania Parkway, Meridian Corners Boulevard, and /Illinois Corridor Build -to -line
instead of the U.S. 31 Build -to Line.
C. Dimensional requirements for Build -to -lines shall be measured from the highway or
street Right -of -way line:
(1) U.S. 31 Corridor and I -465: Ninety (90) feet
(2) Pennsylvania Street, Pennsylvania Parkway, Meridian Comers Boulevard, and
Illinois Corridors: Twenty (20) feet.
6 Section 23B.08 amended per Ordinance No. Z- 382 -02, §c -f,• Z- 453 -04, §di -dj.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -6
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CARMEL 0000332
CITY OF CARMEL ZONING ORDINANCE
D. Principal Buildings that are also located adjacent to any arterial or parkway (e.g. 96th
Street or 116th Street) shall be sited consistent with the Building Setback Line of the
underlying zoning.
23B.08.02 Minimum Side and Rear Yard-
A. Adjacent to any residential use or zone: Forty-five (45) feet.
B. Adjacent to business use or business zone: Fifteen (15) feet.
23B.08.03 Building Height As specified in the underlying primary zoning district(s), except as
follows:
A. Minimum Ruilding Heights-
1. All uses along U.S. 31 and I -465: Thirty-eight (38) feet and three (3)
occupiable floors.
2. All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian Corners
Boulevard, and Illinois Street Corridors, or adjoining arterial/parkway: Twenty-
six (26) feet and two (2) occupiable floors.
B. Maximum Ruilding Heights- As specified in the underlying primary zoning district(s),
except as follows:
(1) B -5 District - Between I -465 and 131st Street: Eighty (80) feet, except that the
maximum height may not exceed forty percent (40 %) of the distance from any
residential use or zone.
(2) B -6 District - All uses, between I -465 and 131st Street: One hundred fifty (150)
feet, except that the maximum height may not exceed forty percent (40 %) of the
distance from any residential use or zone.
Maximum height for all buildings along Pennsylvania Street, Pennsylvania
Parkway, Meridian Corners Boulevard, and Illinois Street frontages: Fifty -five
(55) feet.
(3)
23B.08.04 Minimum Parcel Width-
For all uses, the parcel width shall equal or exceed that amount which is one -half (Y2) the depth of
the parcel. However, if a parcel of land or subdivision lot was recorded prior to April 21, 1980
(the "Effective Date "), and said parcel or lot does not contain the minimum width required by this
Paragraph, said parcel or lot ( "Undersized Lot ") may be used for any use permitted in the U.S. 31
Overlay Zone provided that:
A. At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized
Lot met the requirements for minimum lot width then in effect for a lot in the underlying
primary zoning district(s);
B. The owner of the Undersized Lot must include, up to the minimum parcel width, any
adjoining vacant land (not separated by a street or public way) owned, or owned by an
affiliate, on or before the Effective Date or at the time of application which, if combined
with the Undersized Lot, would create a parcel which conforms, or more closely
conforms, to the minimum parcel width requirements of this Paragraph, and
C. All other Development Requirements applicable to the U.S. 31 Overlay Zone can be met.
23B.08.05 Minimum Gross Floor Area
A. All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross
floor area, excluding the floor area of any basement or any accessory building(s).
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -7
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v
CARMEL 0000333
CITY OF CARMEL ZONING ORDINANCE
Accessory Buildings permitted need not meet this minimum floor area requirement. The
intent of this minimum gross floor area requirement is to preclude small, freestanding
buildings and uses not in character with the Corridor.
B. Distribution of Gross Floor Area
1. All uses along U.S. 31 and I -465:
a. Maximum First floor GFA: Forty percent (40 %);
b. Maximum Second floor GFA: Thirty-five percent (35 %).
2. All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian Corners
Boulevard, and Illinois Street Corridors, or adjoining arterial/parkway:
a. Maximum First floor GFA: Sixty percent (60 %);
23B.08.06 Maximum Parcel Coverage and Density.
A. Maximum Parcel Coverage shall be sixty-five percent (65 %) of any parcel covered by a
DP.
B. Maximum Floor Area Ratio (F.A.R.) shall be 0.70, with the F.A.R. being calculated by
dividing the total gross floor area of a building or buildings on any parcel by the area of
such parcel.
23B.08.07 Waivers-
The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of this Section 23B.08, by not greater than thirty -five percent (35 %), consistent with
requirements set forth in Section 23B.02(G).
23B.09 Architectural Desigji Requirements.
In reviewing the architectural design of building(s) proposed to be built in the U.S. Highway 31 Overlay
Zone, factors to be considered by the Commission shall include but not be limited to the following:
A. Context. All buildings shall be designed with respect to the general character of the U.S. 31
Corridor and, particularly, with due consideration to buildings located on lots that abut the project
site.
B. Scale and proportion. All building facades, including doors, windows, column spacing, and
signage shall be designed using the Golden Section, represented by the ratio 1:1.6 or 1.6:1.
C. A minimum of three materials shall be used for building exteriors, from the following list: stone,
brick, architectural pre -cast (panels or detailing), architectural metal panels, glass, ornamental
metal. Large expanses of glass are allowed, up to seventy percent (70 %) of the facade area. The
building may not be constructed entirely of a metal and glass curtain wall. Concrete block is not
allowed as an exterior finish material.
D. All buildings shall be designed with a minimum of eight external corners, in order to eliminate
box buildings.
E. Building penthouses must be incorporated into the building facade design, including exterior
materials specifications.
F. Sloped roofs shall not exceed one hundred (100) feet without a change in roof plane, or gable or
dormer. Sloped roofs shall be either standing seam metal or dimensional shingles.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -8
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
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CITY OF CARMEL ZONING ORDINANCE
G. Exhibits The following architectural exhibits shall be provided to the Commission in addition to
normal submission requirement of any DP or ADLS application:
(1) A Site Plan showing the proposed building in the context of adjoining buildings,
including buildings across U.S. 31.
(2) Perspective computer- enhanced color renderings showing the proposed building,
signage, parking areas (shown loaded) and any displays within the context of the actual
existing site conditions, including how it will look from any adjoining residential areas,
as well from as three locations, whose distance is no less than three hundred (300) linear
feet away nor more than one thousand (1000) linear feet away (from the property line),
along U.S. 31:
(a) U.S. 31 Southbound lane
(b) Immediately across the highway, from approximately first floor level
(c) U.S. 31 Northbound lane
(3) Golden Section analysis, providing building elevations which define how the proposed
building has been designed utilizing the proper ratio.
H. Waivers.
The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of this Section 23B.09 by not greater than thirty-five percent (35 %), consistent with
requirements set forth in Section 23B.02(G).
23B.10 Landscaping Requirements.'
23B.10.01 Landscap a Plan•
A Landscape Plan shall be submitted to the Plan Commission for its approval at the same time
other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan shall:
A. Be drawn to scale, including dimensions and distances;
B. Delineate all existing and proposed buildings, private parking areas, walks, ramps for
handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar
structures;
C. Delineate the location, size and description of all plant material and the irrigation system
for all planting areas. Landscape treatment for plazas, roads, paths, service and private
parking areas shall be designed as an integral /coordinated part of the Landscape Plan for
the entire lot.
23B.10.02 T.andscape Area Requirements•
A. Greenbelt-
(1) The Greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in
width and landscaped per the requirements of Section 23B.10.03(B).
(2) The Greenbelt shall be unoccupied except for plant material, steps, walks,
terraces, bike paths, lighting standards, signs, and other similar structures
(excluding a private parking area). Mounding and other innovative treatments
are to be encouraged in this area.
' Section 23B.10 amended per Ordinance No. Z- 365 -01.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -9
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v I
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CITY OF CARMEL ZONING ORDINANCE
(3)
A base - planting unit for each one hundred (100) linear foot increment of the
Greenbelt has been designated, as follows:
(a) Five (5) shade trees;
(b) Three (3) ornamental trees;
(c) Fifteen (15) shrubs or, three (3) evergreen trees;
B. Planting Strip.
(1) A planting strip, minimum width shall be ten (10) feet, shall be provided
adjacent to any Collector or Arterial Street, or Parkway right -of -way within the
U.S. 31 Overlay Zone.
(2) Adjacent to an Entry Drive. Minimum width ten (10) feet.
(3) Adjacent to any parking area Minimum width as follows:
(a) five feet (5') wide when adjacent to business zoned property.
(b) fifteen feet (15') wide when adjacent to residential use or zoned
property.
(4) The planting strip shall be unoccupied except for plant material, steps, terraces,
driveway and pathway crossings, lighting standards, signs, benches, and other
similar structures.
(5) The base planting unit for planting strips shall be as follows:
(a) Adjacent to Parallel Collector /Arterial Roadways-
For each one hundred (100) linear foot increment:
(b)
(i)
(ii)
Three (3) shade trees
Two (2) ornamental trees
(iii) Ten (10) shrubs
Adjacent to entry drives.. Same planting unit standards as for Parallel
Collector /Arterial Roadways, above.
(c) Adjacent to parking areas. per Section 26.04: Perimeter Buffering.
C. Planting Adjacent to RnildingR.
(1) A planting area equal to an area measuring twenty-five (25) feet in depth by the
width of the front of the building plus twenty (20) feet (to extend ten (10) feet
out on both sides) shall be installed along building facades that face U.S. 31.
(2) A planting area equal to an area ten (10) feet in depth by the remaining sides of
the building shall be installed on all other sides of the building(s).
(3) Sidewalks up to eight (8) feet in width may be permitted in these areas, but shall
not occupy the entire planting area on any side of the building(s).
(4) If an approach driveway or sidewalk cuts into a planting area, the area displaced
by the driveway or sidewalk shall be added to the building perimeter planting.
(5) These adjacent planting areas need not be rectangular in shape as long as the
required amount of space is landscaped; innovative and original designs are
encouraged.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -10
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CITY OF CARMEL ZONING ORDINANCE
D. Planting Within Parking Lots.
A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking
lot for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of
parking. -See Section 23B.10.03(B) for minimum planting area requirements.
E. Side/Rear Yard T ,andscaping• Planting unit shall occur per Paragraph F below.
F. Greenbelt Buffers shall be established within required side and rear yards pursuant to
Section 26.04: Perimeter Buffering.
G. Total Landscaping Required.
Inclusive of the Greenbelt, the planting adjacent to the building(s), the Greenbelt Buffers,
and the planting within parking lots, a minimum of fifteen percent (15 %) of the project
area shall be landscaped.
23B.10.03 landscaping Installation and Maintenance
A. Materials: All plants proposed to be used in accordance with any landscaping plan shall
meet the following specifications:
(1)
Shade trees• two and one -half inch (21/2") caliper, a minimum height of eight (8)
feet, and a branching height of not less than one -third (1/3) nor more than one-
half ('/2) of tree height.
(2) Ornamental trees• one and one -half inch (11/2") caliper a minimum height of six
(6) feet, and a branching height of not less than one -third (1/3) nor more than
one -half ('/2) of tree height.
(3) Evergreen trees. A minimum height of eight (8) feet.
(4) Decidnons shruhR. A minimum height of twenty-four (24) inches, and no less
than six (6) main branches upon planting.
Evergreen shrnhs• A minimum height and spread of twenty-four (24) inches.
(5)
B. The dimensions, specifications and design of any planting area or planting median shall
be as follows:
(1) Shade Trees: nine (9) feet wide
(2) Ornamental Trees: seven (7) feet wide
(3) Shrubs (only): five (5) feet wide
C. Landscaping materials selected shall be appropriate to local growing and climate
conditions.
D. Installation- All required landscaping shall be installed prior to the issuance of a final
Certificate of Occupancy by the Department. If it is not possible to install the required
landscaping because of weather conditions, the property owner shall post a bond for an
amount equal to the total cost of the required landscaping not yet installed, prior to the
issuance of the Final Certificate of Occupancy.
E. Maintenance. It shall be the responsibility of the owners and their agents to insure
maintenance of project landscaping approved in accordance with the Overlay Zone
requirements. This is to include, but is not limited to, irrigation and mulching of planting
areas, replacing dead, diseased, or overgrown plantings with identical varieties or a
suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -11
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
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CITY OF CARMEL ZONING ORDINANCE
F. Changes After Approval. No landscaping which has been approved by the Commission
may later be materially altered, eliminated or sacrificed, without first obtaining further
Commission approval. However, minor alterations in landscaping may be approved by
the Director in order to conform to specific site conditions.
G. inspection. The Director shall have the authority to visit any tract within the U.S.
Highway 31 Overlay Zone to inspect the landscaping and check it against the approved
plan on file.
23B.10.04 Protection of Existing Trees.
Sites with existing trees or stands of trees should make reasonable efforts to protect and
incorporate them into the overall site design. The Landscape Plan must preserve not less than
seventy percent (70 %) of all trees that are:
A. nine -inch (9 ") DBH or larger, and
B. located within the Greenbelt, Planting Strips and perimeter buffering.
23B.10.05 Waivers.
The Plan Commission may grant a waiver to the dimensional and quantitative standards of this
Section 23B.10, by not greater than thirty-five percent (35 %), consistent with requirements set
forth in Section 23B.02(G).
23B.11 Public Art.
Public art that is included as part of a Development Plan shall be displayed in a location that is visually
accessible to the public and visible from either U.S. Highway 31, Pennsylvania Street, Range Line Road,
or Illinois Street/Meridian Corners Boulevard.
23B.12 Parking Requirements.
A. Except as provided in Paragraph B, there shall be no (0) parking between the U.S. 31 right -of-
way and the front build -to line of the building.
(1) The required number of parking spaces is established in Chapter 27.• Additional Parking
& Loading Regulations, depending upon the zoning and intended land use.
(2) There shall be an appropriate number of parking spaces reserved for use by handicapped
individuals, per State and Federal requirements.
(3) Direct, articulated pedestrian access shall be provided from the street to the building's
primary entrance.
(4) A bicycle parking area should be provided for each building.
(5) Above grade, structured parking facilities shall have on all sides architectural features
that are compatible with the principal building(s) with which they are associated.
B. Waivers-
The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of this Section 23B.12, by not greater than thirty-five percent (35 %), consistent with
requirements set forth in Section 23B.02(G).
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -12
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CITY OF CARMEL ZONING ORDINANCE
23B.13 Lighting Requirements.
• A. A Site Lighting Plan shall be submitted along with any DP or ADLS plan. The Site Lighting Plan
shall include the type, standards, layout, spread & intensity of all site lighting, including:
parking lot and service /storage area lighting;
architectural display lighting;
security lighting;
lighting of pedestrian and bicycle ways;
architectural and landscape lighting.
B. All site lighting shall be coordinated throughout the project and be of uniform design, color and
materials.
C. The maximum height of light standards shall not exceed the building height proposed, or twenty-
five (25) feet, whichever is less. However, when light standards abut or fall within ninety (90)
feet of a residential use, they shall not exceed fifteen (15) feet.
D. All exterior architectural, display, decorative and sign lighting._ shall be generated from concealed,
low level light fixtures.
E. The average illumination for site lighting shall be a maximum of three (3) footcandles.
F. All site lighting shall be designed to not exceed 0.3 footcandle at the property line in business or
manufacturing districts, and 0.1 footcandle at the property line of adjoining residential uses.
G. Waivers:
The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of this Section 23B.13, by not greater than thirty -five percent (35 %), consistent with
requirements set forth in Section 23B.02(G).
23B.14 Bicycle and Pedestrian Access..
The DP shall include specific provisions for incorporating pedestrian and bicycle access, circulation and
amenities into the development. Such bicycle and pedestrian access considerations shall include linking
pedestrian and bicycle facilities to adjacent development, the overall U.S. 31 Corridor, and, the Carmel
community's overall system of bicycle and pedestrian trails and routes.
23B.15 Access to Individual Tracts.
As U.S. Highway 31 is a limited access highway, and as access to individual tracts along this highway is
either not in existence or not clearly defined in many cases, access roads will need to be built. In order to
preserve the aesthetic benefits provided by the greenbelt, access roads shall be provided at the rear of all
tracts, whenever possible. Access roads to contiguous tracts shall be coordinated so as to form one main
access road serving adjoining developments. These roads should be designed so as to funnel traffic onto
major arterial roads rather than into residential areas and roads that may adjoin or be near this Overlay
Zone. Bicycle and pedestrian access shall likewise be coordinated with vehicular access, greenbelt design
and parking.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -13
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CITY OF CARMEL ZONING ORDINANCE
23B.16 Other Requirements.'
23B.16.01 Outside Storage of Refiise•
Unenclosed storage of refuse (whether or not in containers) or display of merchandise shall not be
permitted on any project. All refuse shall be contained completely within the Principal Building
or Accessory Building. Any Accessory Building for refuse storage shall be:
A. Designed to include a roof structure; and,
B. Architecturally compatible with the Principal Building.
23B.16.02 Loading and 1 Tnloading Areas.
Loading and Unloading Berths or Bays shall be designed as specified in the underlying primary
zoning district(s), except that any Loading and Unloading Berth or Bay shall not be oriented to
U.S. Highway 31. Loading and Unloading Berths or Bays oriented toward any other public right -
of -way, shall be landscaped/screened using masonry wall(s), plant material, or a combination
thereof, subject to Commission approval.
23B.16.03 Additions to Existing Residential.
Uses and Detached Buildings accessory to single - family dwelling units are permitted provided
that the use and/or structure meets the requirements of the underlying primary zoning district.
Additionally, any detached structure:
A. Must be of compatible architectural design with the Principal Building;
B. Must be set back a minimum of thirty (30) feet from the right -of -way line nearest to and
running most parallel with U.S. Highway 31; and be accompanied by the minimum
applicable perimeter buffer per Section 26.04: Perimeter Buffering.
C. Waivers.
The applicant may request a Plan Commission Waiver to the dimensional and
quantitative standards of this Section 23B.16.03, by not greater than thirty-five percent
(35 %), consistent with requirements set forth in Section 23B.02(G).
23B.17 Reservation of Land for Pending State Higrway Improvements.9
A. In addition to the development requirements specified in Sections 23B.03 through
23B.08, a DP must reserve for acquisition by the State of Indiana all land that the State
expects to need for pending improvements to U.S. Highway 31, as shown on plans
developed for the Indiana Department of Transportation by the consulting firm
Bernardin, Lochmueller and Associates for the Major Investment Study (1997), or, as
shown on plans from the Parsons Transportation Group prepared for the Environmental
Impact Study. An applicant must notify in writing the Commissioner of the Indiana
Department of Transportation (INDOT) of any proposed DP that includes land within the
projected right -of -way for those pending improvements.
B. Whenever an applicant believes that the reservation of such land as required by
Paragraph A would result in the loss of all reasonable and beneficial use of or return
from the applicant's property, then the applicant may request an Economic Hardship
8 Section 23B.16 amended per Ordinance No. Z- 365 -01.
9 Section 23B.17 amended per Ordinance No. Z- 453 -04, §dk -dn.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -14
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v1
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CARMEL 0000340
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CITY OF CARMEL ZONING ORDINANCE
Exception from the terms of Paragraph A, pursuant to the Plan Commission's Rules of
Procedure.
C. Upon receipt of a request for an Economic Hardship Exception, the Commission shall
hold a public hearing on such request. The hearing may not be held until at least ninety
(90) days after the applicant has notified the Commissioner of INDOT of the proposed
DP as described above in Paragraph A. In determining whether to grant an Economic
Hardship Exception, the Commission may consider the following criteria:
(1) the applicant's knowledge of the State's plans at the time of acquisition;
(2) the current level of economic return on the property, including the date of
purchase, the purchase price, income from the property, any remaining
mortgage debt, real estate taxes, and recent appraisals of the property;
(3) any recent offers for sale or purchase, including offers to purchase which the
State itself may have made;
(4) the feasibility of profitable altemative uses for the property; and,
(5) whether the State can reasonably be expected to provide just compensation to
the applicant for any taking of the applicant's property within one (1) year from
the date of the Commission's decision.
D. An applicant for an Economic Hardship Exception must prove, by clear and convincing
evidence, both:
(1) that the existing use (if any) of the applicant's property is economically
infeasible; and,
(2) that, if the terms of Paragraph A are applied to the property, the sale, rental, or
rehabilitation of the property will not be possible, resulting in the property not
being capable of earning any reasonable economic return. The Commission's
decision must be in writing and must contain the factual findings that constitute
the basis for its decision, consistent with the criteria in Paragraph C.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -15
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CITY OF CARMEL ZONING ORDINANCE
CHAPTER 23B: U.S. HIGHWAY 31 CORRIDOR OVERLAY ZONE
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Z -289
6 December 1993
Z -323
3 September 1997
Z -324
15 December 1997
Z -334
7 June 1999
Z -340
1 May 2000
Z- 365 -01
76 -Ola OA
November 5, 2001
November 27, 2001
23B.10.2(B)(5);
23B.10.2(F);
23B.16.3(B)
Z- 382 -02
38 -02 OA
July 15, 2002
July 15, 2002
23B.3; 23B.8;
23B.8.1; 23B.8.2;
23B.8.3
Summer 2002 vl
Z- 415 -03
39 -02 OA
November 17, 2003
November 18, 2003
23B.03; 23B.04;
23B.05
Autumn 2003 vl
Z- 453 -04
150 -02 OA
August 16, 2004
August 16, 2004
23B.00; 23B.02;
23B.08; 23B.17
Summer 2004 vl
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -16
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04
Summer 2004 vl
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CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 23C: US HIGHWAY 421— MICHIGAN ROAD CORRIDOR OVERLAY ZONE
23C.00 U.S. Highway 421 - Michigan Road Corridor Overlay Zone.
23C.01 District Boundaries.
23C.02 Commission Approval.
23C.03 Permitted Uses.
23C.04 Special Uses.
23C.05 Excluded Uses.
23C.06 Accessory Buildings and Uses.
23C.07 Minimum Tract Size.
23C.08 Height and Area Requirements.
23C.09 Architectural Design Requirements.
23C.10 Landscaping Requirements.
23C.11 Parking Requirements.
23C.12 Lighting Requirements.
23C.13 Access to Individual Tracts.
23C.14 Other Requirements.
• 23C.00 U.S. Highway 421- Michigan Road Corridor Overlay Zone.'
23C.00.01 Purpose, Intent and Authority. It is the purpose of the U.S. Highway 421 - Michigan
Road Corridor Overlay Zone (referred to in this Chapter 23C as the "Overlay Zone ") to promote
and protect the public health, safety, comfort, convenience and general welfare by providing for
consistent and coordinated treatment of the properties bordering U.S. Highway 421 (also known
as Michigan Road) in Clay Township, Hamilton County, Indiana. The Commission and Council,
in establishing this zone, are relying on IC 36 -7 -4 -600 et seq. and IC 36 -7 -4 -1400 et seq.
It is recognized that U.S. Highway 421 is an important corridor to Carmel and to Clay Township.
Therefore, it is the further purpose of the Overlay Zone to promote coordinated, quality
development per the Land Use recommendations set forth in the Comprehensive Plan; to establish
basic standards for structures, landscaping, and other improvements on the properties within the
Overlay Zone which promote high quality, innovative site design and at the same time encourage
efficient land usage; to establish development standards which will encourage capital investments
for the development of those properties along and abutting U.S. Highway 421; and to promote the
steady flow of traffic.
This Ordinance further seeks to foster development that will provide this district with a special
sense of place that will increase property values, protect real estate investment, spur commercial
activity, and attract new businesses. More specifically, the creation of this special sense of place
shall be encouraged by means of a coordinated set of design principles for buildings, site
planning, landscaping and signage. These principles are intended to guide individual
1 Section 23C.00 amended per Ordinance No. Z- 453 -04, §do -dp.
Chapter 23C: US Highway 421 — Michigan Road Corridor Overlay Zone
23C -1
as amended per Z -325; Z -326; Z- 415 -03; Z- 453 -04; Z- 490 -06
Spring 2006 vl
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CITY OF CARMEL ZONING ORDINANCE
development activities so that they will work together visually in support of the common
architectural theme described below.
23C.00.02 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the U.S. Highway 421 Overlay Zone
prior to the issuance of an Improvement Location Permit by the Department. See Section
24.02: Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the U.S. Highway 421 Overlay
Zone prior to the issuance of an Improvement Location Permit by the Department. See
Section 24.03: Architectural Design, Exterior Lighting, Landscaping and Signage.
23C.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
23C.01 District Boundaries.
The boundaries of the Overlay Zone are hereby established as shown on the Zoning Map. The boundaries
extend four hundred (400) feet on either side of the U.S. Highway 421 right -of -way, include the North
Augusta subdivision in its entirety, including both that real estate described as Block "A" and the cemetery
on the plat of Section 1 recorded September 2, 1947. The portion of the Overlay Zone east of Michigan
Road does not extend north of the parcel numbered 17- 13- 06 -00 -00 -034 and any lot subdivided therefrom
after September 1, 1997.
23C.02 Commission Approval.2
A. Development Plan. The Commission must approve, approve with conditions, or disapprove the
Development Plan (DP) for any tract of land in the Overlay Zone. The Commission shall hold a
public hearing before it decides whether to approve or disapprove a DP. The Commission, in
reviewing DP applications, shall examine factors concerning the site, Site Plan and the
surrounding area, which include but are not limited to the following items:
1. Topography;
2. Zoning on site;
3. Surrounding zoning and existing land use;
4. Streets, curbs and gutters, bicycle paths, and sidewalks;
5. Access to public streets;
6. Driveway and curb cut locations in relation to other sites;
7. General vehicular and pedestrian traffic;
2 Section 23C.02 amended per Ordinance No. Z- 453 -04, §dq.
Chapter 23C: US Highway 421 — Michigan Road Corridor Overlay Zone
23C -2
as amended per Z -325; Z -326; Z- 415 -03; Z- 453 -04; Z- 490 -06
Spring 2006 v 1
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CITY OF CARMEL ZONING ORDINANCE
8. Parking facilities and internal site circulation;
9. Special and general easements for public or private use;
10. On -site and off -site surface and subsurface storm and water drainage, including drainage
calculations;
11. On -site and off -site utilities;
12. The means and impact of sanitary sewage disposal and water supply techniques;
13. Dedication of streets and rights -of -way;
14. Provision for adequate and acceptable setbacks, screening, and compatibility with
existing, platted residential uses;
15. Storage area;
16. Protective restrictions and/or covenants;
17. Effects any proposed project may have on the entire Overlay Zone; and,
18. Consistency with the policies for the Overlay Zone which are set forth in the
Comprehensive Plan.
If a Parent Tract is located both inside and outside of the U.S. Highway 421 - Michigan Road
Corridor Overlay Zone, Development Plan and ADLS approvals are required for the entire Parent
Tract.
B. Existing Features & Site Analysis Plan. Every applicant shall submit an Existing Features and
Site Analysis Plan showing all hedgerows, woodlands, individual trees greater than six (6) inches
in diameter (dbh), structures, drainage patterns and structures (including tile fields), wetlands,
floodplains, and all buildings. This plan shall show topography at two -foot (2') contour intervals
and shall be prepared at a scale of not less than one inch equals one hundred feet (1" = 100').
C. ADLS Requirement. Commission review and approval of the architectural design, landscaping,
parking, signage, lighting and access to the property (ADLS) shall be necessary prior to:
1. the establishment of any use of land;
2. the issuance of any Improvement Location Permit;
3. the erection, reconstruction or external architectural alteration of any building in the
Overlay Zone; or,
4. the changing of any site improvements.
D. Exception. Existing residential structures and residential lots platted prior to April 21, 1980,
when used for residential purposes, are exempt from the requirements contained within this
Section.
23C.03 Permitted Uses.'
A. All uses which are permitted in a given site's underlying primary zoning districts, except those
uses expressly excluded in Appendix A: Schedule of Uses, are permitted in the Overlay Zone.
B. Retail uses are permitted; however, it shall not comprise more than seventy -five percent (75 %) of
a project's gross floor area on parcels in the B-3/Business District located north of 106th Street.
3 Section 23C.03 amended per Ordinance No. Z- 415 -03, §by; Z- 490 -06, §a.
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C. Residential uses are permitted; however, it shall not comprise more than fifty percent (50 %) of a
project's gross floor area on parcels where residential is not permitted in the underlying zoning
district.
23C.04 Special Uses.4
All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the
underlying primary zoning district(s), except the uses expressly excluded in Appendix A: Schedule of Uses,
are permitted in the Overlay Zone.
23C.05 Excluded Uses.5
See Appendix A: Schedule of Uses.
23C.06 Accessory Buildings and Uses.
All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be
permitted, except that any detached accessory building in any DP shall be architecturally compatible with
the principal building(s) with which it is associated.
23C.07 Minimum Tract Size.
The minimum area covered by a DP within the Overlay Zone must be 130,680 square feet (3 acres). For
tracts located only partially within the Overlay Zone, a DP shall be submitted to the Commission for the
entire tract to be developed.
If a parcel of land or subdivision lot was recorded prior to September 7, 1988 (the "Effective Date "), and
said parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot
( "Undersized Lot ") may be used for any use permitted in the Overlay Zone provided that:
A. At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met
the requirements for minimum lot size then in effect for a lot in the underlying primary zoning
district(s);
B. The owner of the Undersized Lot must include, up to the minimum tract size, any adjoining vacant
land (not separated by a street or public way) owned, or owned by an affiliate, on or before the
Effective Date or at the time of application which, if combined with the Undersized Lot, would
create a tract which conforms, or more closely conforms, to the minimum tract size requirements
of this Paragraph; and
C. All other development requirements applicable to the Overlay Zone can be met.
This Paragraph does not preclude the sale or other transfer of any parcel of land within a tract after the
approval of a DP for the entire tract. However, the development of the parcel must still conform to the DP
for the entire tract as approved or amended by the Commission, and all other applicable requirements
contained in the Zoning Ordinance.
4 Section 23C.04 amended per Ordinance No. Z- 415 -03, §bz.
5 Section 23C.05 amended per Ordinance No. Z- 415 -03, §ca.
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23C.08 Height and Area Requirements.'
11111 23C.08.01 Building Height:
A. Minimum. See Section 23C.09 (C).
B. Maximum: As specified in primary underlying zoning district.
23C.08.02 Front Yard for Parcels with Frontage on U.S. 421 Right -of -way:
A. Minimum: Thirty (30) feet, measured from the U.S. Highway 421 right -of -way. This
measurement shall include the mandatory thirty-foot (30') Greenbelt.
B. Maximum: One hundred twenty (120) feet, measured from the U.S. Highway 421 right -
of -way. This measurement shall include the mandatory thirty-foot (30') Greenbelt.
23C.08.03 Minimum Side and Rear Yards:
A. Next to existing residence(s) or undeveloped residential zone: Fifty (50) feet or two (2)
times building height, whichever is greater.
B. Next to business zone or development: Fifteen (15) feet.
C. Next to manufacturing zone or development: twenty (20) feet.
23C.08.04 Minimum Gross Floor Area: Each lot or parcel shall contain at least one principal
building with a minimum of two thousand five hundred (2,500) square feet of gross floor area,
excluding the floor area of any basement or any accessory buildings. Accessory buildings need
not meet the minimum floor area requirement.
23C.08.05 Maximum Gross Floor Area: All free - standing commercial buildings located north of
106th Street shall have a maximum of eighty-five thousand (85,000) square feet of gross floor
area, excluding the floor area of any basement or any accessory buildings.
•
23C.09 Architectural Design Requirements.
In reviewing the architectural design of building(s) proposed to be built in the Overlay Zone, factors to be
considered by the Commission shall include but are not limited to the following:
A. Design Theme: Buildings shall be designed with an overall Corridor Architectural Theme
consistent with or complementary to the Federal, Georgian, Italianate, or Greek Revival Periods.
New buildings are not required to be imitative, but must incorporate the salient features of these
architectural styles. Pre - existing buildings on adjoining tracts shall not be a factor in the design of
new buildings unless they are consistent with the architectural objectives of the Overlay Zone.
B. Building Proportion: Buildings within the Overlay Zone shall be designed as a composition of
related forms governed by the application of the Golden Section (1:1.6). Buildings should
generally avoid long, monotonous, uninterrupted walls or roof planes. The design and placement
of building facades, doors, windows, and architectural design details shall be through use of
Regulating Lines.
C. Building Height. The height of new principal buildings shall be at least one and one -half (1' /2)
stories, or be designed to appear so from the front and sides. Retail and office buildings are
encouraged to be two (2) stories or more in height, with office or residential uses on the second
floor. The minimum height for all buildings shall be twenty (20) feet, either at the roofline or at
the top of the parapet wall.
6 Section 23C.08 amended per Ordinance No. Z- 490 -06, §b -c.
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D. Building Facades. Facades shall have a defined base or foundation, a middle or modulated wall,
and a top formed by a pitched roof or articulated cornice, in each instance appropriate to the
building style. Buildings with continuous facades that are ninety (90) feet or greater in width,
shall be designed with offsets (projecting or recessed) not less than eight (8) feet deep, and at
intervals of not greater than sixty (60) feet.
Facades constructed of more than one material shall only change material along a horizontal line
(not a vertical or diagonal line). The heavier material shall always be placed beneath the lighter
material. Front and side facades of buildings located on corner lots or parcels shall be of the same
materials and similarly detailed.
E. Roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables
and hips, with pitches ranging from 4:12 to 14:12. Shed roofs are permitted only when the ridge
is attached to an exterior wall of a building, and shall conform to pitch between 14:12 and 4:12.
Flat roofs are permitted when consistent with the historic style of architecture, if edged by a
railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or
visually integrated into the overall design of the building. In no case shall rooftop mechanical
equipment be visible from adjoining residential zones or uses.
Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing -seam
metal panels. Asphalt shingles shall be colored to resemble gray slate; standing -seam panels may
be either gray, black, dark blue, dark green or barn red.
Dormers shall be designed with the correct details, proportion and style consistent with the overall
building composition, and roofed with symmetrical gable, hip or barrel roofs. Belvederes,
cupolas, and pergolas are permitted if appropriate to the style, well proportioned, and fully
detailed.
All vents, attic ventilators, turbines, flues and others roof penetrations must be painted to match
the color of the roof or flat black, except those made of metal which may be left natural. Gutters
and downspouts shall be appropriate to or visually integrated with the architectural style of the
structure.
F. Entrances. Building entrances shall be defined and articulated by architectural elements such as
lintels, pediments, pilasters, columns, and other design elements appropriate to the architectural
style and details of the building as a whole. The location, orientation, proportion and style of
doors must faithfully reflect the chosen style of the building.
Building facades for industrial and warehouse uses shall be designed with a main entrance and at
least two (2) window openings associated with this doorway.
G. Windows. All window design shall be compatible with the style, materials, color, details and
proportion of the building. The number of panes, the way it opens, the trim around it and
whether it is embellished with shutters must be consistent' with the architectural style of the
structure.
H. Awnings. Fixed or retractable awnings are permitted if they complement a building's architectural
style, material, colors, and details; do not conceal architectural features (such as cornices,
columns, pilasters, or decorative details); do not impair facade composition; and are designed as
an integral part of the facade. Metal or aluminum awnings are prohibited.
I. Storefronts. Storefronts shall be integrally designed with overall facade character. Ground floor
retail, service and restaurant uses should generally have large pane display windows, however,
they shall not exceed seventy -five percent (75 %) of the total ground level (first floor) facade area.
Buildings with multiple storefronts shall be of unified design, through the use of common
materials, architectural details, signage and lighting consistent with the overall building style.
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J. Drive -thru windows. Drive -thru windows shall be designed as a related, integrated architectural
element and part of the overall design composition of the building.
K. Suitability of building materials. Unless otherwise approved by the Commission, building
materials shall be consistent with and/or complementary to those which replicate Federal,
Georgian, Italianate and Greek Revival Periods of American architecture, as follows:
1. Exposed foundation shall be constructed of one or more of the following:
a. Red brick;
b. Stone (limestone, granite, fieldstone, etc.);
c. Split -face block or architectural pre -cast concrete, if surface looks like brick or
stone.
2. Facade walls shall be constructed of any combination of:
a. Red brick or stone;
b. Smooth cut cedar shingles;
c. Wood clapboard siding;
d. Wood beaded siding;
e. Stucco with smooth finish, or dryvit (or equivalent), not to exceed twenty
percent (20 %) of the overall non - window facade area.
3. Warehouse facilities, including self - storage and mini - warehouse uses, shall have a high -
quality facade treatment on all sides visible from U.S. Highway 421 consistent with the
following:
a. Red brick facades trimmed with split -faced aggregate block (of a color and
texture resembling Indiana limestone), provided that it also includes red brick
accents (such as windowsills, lintels above windows and doorways, building
corners, parapet coping, etc.).
b. Split -face aggregate block (of a color and texture resembling Indiana limestone)
provided that it also incorporates red brick accents.
c. Pre -cast concrete wall panels of a color and texture resembling either red brick
or Indiana limestone, provided the building design also incorporates
architecturally appropriate details of contrasting color and material, as noted
previously in Subparagraphs K(1) and K(2).
L. Design in relation to topography of the site;
M. Design of proposed landscaping in relation to structures; and
N. Overall aesthetics of the proposed building, including color.
23C.10 Landscaping Requirements.
23C.10.01 Landscaping Plan. The applicant shall submit a Landscaping Plan to the Commission as
part of the ADLS application. This plan shall be drawn to scale, including dimensions and
distances; shall delineate all existing and proposed structures, private parking areas, walks, ramps
for the handicapped, terraces, driveways, signs, lighting standards, steps, storm water facilities
and other similar structures; and shall delineate the location, size and description of all landscape
material and the method to be used for the watering or irrigation of all planting areas. Landscape
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