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HomeMy WebLinkAboutPages 351-576CITY OF CARMEL ZONING ORDINANCE treatment for plazas, roads, paths, service and private parking areas and storm water areas shall be designed as an integral and coordinated part of the Landscaping Plan for the entire site. The Landscaping Plan shall require the approval of the Commission. 23C.10.02 Areas to be Landscaped: 1. Greenbelt. The thirty (30) foot Greenbelt shall be composed of grass and landscape areas. The incorporation of walkways and bikeways into the design is encouraged; however, no parking lots, through roads, buildings, accessory structures, etc. shall be established within this area. 2. Foundation Plantings. Foundation plantings shall be included along all sides of any building. The minimum width of the planting area shall be five (5) feet, except that when adjoining a parking area located in the front yard adjoining U.S. 421, the minimum width shall be ten (10) feet. 3. Peripheral Plantings. Minimum side and rear yard landscaping shall occur per the Commission's Bufferyard Guidelines. 4. Parking Lots. Per standards specified below in Section 23C.10.03. 5. Screening Areas. All air conditioning units, HVAC systems, exhaust pipes or stacks, overhead doors, outside storage areas, and satellite dishes shall be integrated into the overall building design or screened from the U.S. Highway 421 right -of -way and adjoining residential zones or uses using walls, fencing, parapets, penthouse screens, landscaping, camouflage, or other approved method. 23C.10.03 Landscaping Standards 1. The interior dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum interior widths for planting areas shall be used: a. Canopy Trees: Nine (9) feet; b. Ornamental Trees: Seven (7) feet; c. Shrubs (only): Five (5) feet. 2. All plant material proposed to be used in accordance with any Landscaping Plan shall meet the following specifications: a. Shade trees: a minimum trunk diameter of two and one -half (21/2) inches at six (6) inches above grade, a minimum height of eight (8) feet, and a branching height of not less than one -third (1/3) or more than one -half ('h) of tree height. b. Ornamental trees: a minimum trunk diameter of one and one -half (11/2) inches at six (6) inches above grade, a minimum height of six (6) feet, and a branching height of not less than one -third (1/3) or more than one -half (' /2) of tree height. c. Evergreen trees: a minimum height of eight (8) feet, and a width of not less than three -fifths (3/5) of the height. d. Deciduous shrubs: a minimum height of eighteen (18) inches, no less than six (6) main branches upon planting, and a mature height no greater than thirty-six (36) inches. e. Evergreen shrubs: a minimum height and spread of eighteen (18) inches, maximum mature height of thirty-six (36) inches. Chapter 23C: US Highway 421 — Michigan Road Corridor Overlay Zone 23C -8 as amended per Z -325; Z -326; Z- 415 -03; Z- 453 -04; Z- 490 -06 Spring 2006 vl • • • CARMEL 0000351 CITY OF CARMEL ZONING ORDINANCE 3. Greenbelt. The primary landscaping materials used in the Greenbelt shall be shade trees, ornamental trees, shrubs, ground covers, grass, etc. a. A minimum of three (3) shade trees and one (1) ornamental tree shall be provided per 100 linear feet of Greenbelt. b. Shade trees planted within the Greenbelt parallel to the U.S. Highway 421 right - of -way shall be spaced neither less than fifteen (15) feet apart nor more than forty (40) feet apart. 4. Foundation Plantings. The primary landscaping materials used adjacent to buildings shall be shrubs, ground covers, and ornamental grasses. 5. Parking Lots. a. Interior Landscaping. A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of parking. However, for buildings with parking areas located in a front yard, with frontage directly on U.S. 421, a minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot for every six (6) spaces provided, or not less than twenty -four (24) trees per acre of parking. b. Parking Lot Perimeter Planting. Where parking areas are located in the front yard, with frontage directly on U.S. 421, a six (6) foot wide perimeter planting area shall be provided along the front and sides of those areas. 1) The required planting unit for this area shall include: two (2) shade trees, three (3) ornamental trees, and thirty (30) shrubs per 100 linear feet. 23C.10.04 2) The perimeter planting area shall be provided in addition to the Greenbelt area. c. Front and Side Parking. Parking areas within front and side yards shall be completely screened from view. Such screening shall be subject to Commission approval. Landscaping Installation and Maintenance 1. Installation. All landscaping approved as part of the Landscaping and/or Development Plan shall be installed prior to the issuance of a Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for an amount equal to the total cost of the required landscaping. 2. Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the Landscaping and Development Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. 3. Changes after Approval. No landscaping which has been approved by the Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor material alterations in landscaping may be approved by the Director in order to conform to specific site conditions. Chapter 23C: US Highway 421 — Michigan Road Corridor Overlay Zone 23C -9 as amended per Z -325; Z -326; Z- 415 -03; Z- 453 -04; Z- 490 -06 Spring 2006 vl CARMEL 0000352 CITY OF CARMEL ZONING ORDINANCE 4. Inspection. The Director may visit any tract within the Overlay Zone to inspect the landscaping and check it against the approved plan on file. 23C.11 Parking Requirements. A. Spaces required: see Chapter 27: Additional Parking & Loading Regulations of the Zoning Ordinance. B. Space dimensions: 9'0" x 20'0" or 10'0" x 18'0 ", including 2'0" for bumper overhang where appropriate. C. Landscaping standards: see Section 23C.10.03. D. Parking lots shall be designed to provide coordinated access to parking areas on adjoining tracts or parcels within the Overlay Zone, preferably via a frontage road network. Sites utilizing front - loaded parking areas shall provide for continuous access across the rear of the site to adjoining tracts or parcels. As part of the ADLS submittal, the petitioner shall provide a Site Circulation Plan that illustrates to the Commission how coordinated access will occur relative to the overall U.S. Highway 421 Corridor. E. All parking lots and drives shall be paved with asphalt or concrete. Brick pavers or other decorative pavements may be used as accents in parking lot design. Poured -in -place concrete curbs shall be used. F. Parking within front yard setbacks shall be discouraged and limited to a maximum of two (2) rows of parking, subject to minimum Greenbelt width, minimum bufferyard requirements and maximum building setback standards. G. Stacking for drive -thru lanes shall be confined to the rear of the tract or parcel with outlet from such lines also being to the rear of the building. Lines for drive -thru facilities shall not be permitted along the front and sides of structures within the Overlay Zone, nor permitted to spill onto adjoining properties. The minimum number of vehicles required for drive -thru lanes shall be as follows: USE TYPE MIN NO. SPACES MEASURED FROM Bank teller lane 5 Teller or Window Automated Teller Machine 3 Teller Restaurant Drive -thru 10 Pick -up Window Car Wash 5 Entrance Gas Pump island 3 End of pump island Other To be determined by the Director 23C.12 Lighting Requirements. A. Lighting Plan. A Lighting Plan for the proposed development shall be filed as part of the ADLS application. B. Design. All lighting standards, including those on buildings, security lights and architectural lights within the development area shall be of uniform design and materials. Parking lot and streetlights shall also be of uniform height not to exceed twenty-four (24) feet. Poles for such lights shall have a minimum diameter of six (6) inches for poles up to twelve (12) feet in height and a minimum of eight (8) inches diameter for poles between twelve (12) and twenty -four (24) feet in Chapter 23C: US Highway 421 — Michigan Road Corridor Overlay Zone 23C -10 as amended per Z -325; Z -326; Z- 415 -03; Z- 453 -04; Z- 490 -06 Spring 2006 vl • • • CARMEL 0000353 • CITY OF CARMEL ZONING ORDINANCE height. Luminaries for such lights shall be in proportion to the pole diameter and height. All lights within gas station canopies and adjacent to residential areas shall be of a "down lighting" type with the light element completely shielded on all sides and top. The Commission may approve decorative lighting should it be more appropriate to the overall site design. C. Intensity. Lighting shall not cause illumination beyond any residential lot line or road right -of- way line in excess of 0.1 footcandle of light. Lighting shall not cause illumination beyond any non - residential tract or parcel line or road right -of -way line in excess of 0.3 footcandle of light. 23C.13 Access to Individual Tracts. The purpose of this Section is to make the closing of all curb cuts along U.S. Highway 421 possible by establishing a common access road to the rear parking lots of all tracts within the Overlay Zone. Frontage roads and common entrances shared by several businesses and developments shall be encouraged and may be required at the discretion of the Commission. In those cases where tracts can be accessed via connection to an arterial, collector, or adjoining parking lot, curb cuts shall not be established on U.S. Highway 421. The Commission shall encourage maximum distances between curb cuts to U.S. Highway 421 in cooperation with the Indiana Department of Transportation. Bicycle and pedestrian circulation to and through the site shall be coordinated with vehicular access, Greenbelt design, and parking. 23C.14 Other Requirements. 23C.14.01 Outside Storage. Outside storage areas shall be allowed as shown on the DP and shall be architecturally compatible with the principal building(s) with which they are associated. Storage areas shall be completely screened from view and subject to Commission approval. Trash collection areas shall be enclosed and screened. 23C.14.02 Loading Berths. Loading berths and trash collection areas shall be permitted per the needs of the business establishments and shall be identified on the DP. Loading berths and overhead doors shall face to the rear of all buildings. Should a loading berth be located adjacent to or visible from a public right -of -way, or established on the side of a building through any circumstance, it shall be screened per Commission approval. 23C.14.03 Emergency Access. All emergency access areas and facilities shall be shown on the Site Plan and reviewed by the Carmel Fire Chief. 23C.14.04 Signs. A Sign Plan for the proposed development shall be submitted to the Commission for its approval as part of the ADLS application. Signs for each proposed use shall be uniform in character as to color and architectural design as approved by the Commission. Should an ADLS- approved Sign Plan be replaced with a new design, the amended Sign Plan must go before the Commission for ADLS review and approval. Individual signs which conform to both the Sign Ordinance and to the approved Sign Plan shall not require further ADLS approval, however, such signs shall require a sign permit. 23C.14.05 Conforming Uses. A DP shall be submitted to the Commission for its approval when a legal non - conforming use is changed to a conforming use and when either: 1. Any new building is to be constructed; or 2. Any existing building or site development (including addition of parking by more than thirty percent (30 %). 23C.14.06 Non - Conforming Uses. A DP shall be submitted to the Commission when a legal non - conforming use is altered as follows: lot) is expanded for its approval Chapter 23C: US Highway 421 — Michigan Road Corridor Overlay Zone 23C -11 as amended per Z -325; Z -326; Z- 415 -03; Z- 453 -04; Z- 490 -06 Spring 2006 vl CARMEL 0000354 CITY OF CARMEL ZONING ORDINANCE 1. A building has been more than sixty percent (60 %) destroyed. 2. Any expansion of a building or site development (including addition of parking lot). Normal maintenance and repair is exempt from the DP approval requirement. 3. If property or building is vacated for more than one (1) year. Chapter 23C: US Highway 421 — Michigan Road Corridor Overlay Zone 23C -12 as amended per Z -325; Z -326; Z- 415 -03; Z- 453 -04; Z- 490 -06 Spring 2006 vl • • CARMEL 0000355 • • CITY OF CARMEL ZONING ORDINANCE CHAPTER 23C: U.S. HIGHWAY 421 CORRIDOR OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z -325 Z -326 July 20, 1998 Z- 415 -03 39 -02 OA November 17, 2003 November 18, 2003 23C.03; 23C.04; 23C.05 Autumn 2003 vl Z- 453 -04 150 -02 OA August 16, 2004 August 16, 2004 23C.00; 23C.02; 23C.15 Summer 2004 vi Z- 490 -06 0602005 OA May 15, 2006 May 15, 2006 23C.03; 23C.08 Spring 2006 vl Chapter 23C: US Highway 421 — Michigan Road Corridor Overlay Zone 23C -13 as amended per Z -325; Z -326; Z- 415 -03; Z- 453 -04; Z- 490 -06 Spring 2006 vl CARMEL 0000356 • CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE 23D.00 Old Town District Overlay Zone. 23D.01 Old Town District Boundaries. 23D.02 Application of Guidelines of the Overlay District. 23D.03 Guidelines. A. Historic Range Line Road Sub -Area. B. Main Street District Sub -Area. C. Character Sub -Area. 23D.04 Submittal Process /Application Procedure. 23D.00 Old Town District Overlay Zone. 23D.00.01 Purpose and Intent. It is the purpose of the Old Town District (referred to in this Chapter 23D as the "District ") to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties in the designated Old Town District in Clay Township, Hamilton County, Indiana. The Commission and Council, in establishing this overlay zone, are relying on IC 36 -7-4 -600 et seq. and IC 36 -7 -4 -1400 et seq. The Overlay Zone establishes regulations in addition to the zoning. In the case of conflicts between this Overlay Zone District Ordinance and the Zoning Code, the provisions of this Ordinance will prevail. Old Town is an important historical commercial and residential area to the City of Carmel and Clay Township. In order to protect this important area, this Overlay Zone has been developed to provide for consistent and coordinated treatment of the properties in Old Town by establishing basic standards for structures, landscaping and other improvements. Further, this Overlay Zone seeks to: * Foster rehabilitation and development in Old Town * Increase property values in Old Town * Protect real estate investment in Old Town * Retain Old Town neighborhood vitality * Spur commercial activity in Old Town * Attract new businesses to Old Town. Within the Old Town District there are different parts and characteristics, therefore, the district is divided into three Sub - Areas: a Character Sub -Area, a Historic Range Line Road Sub -Area, and Main Street Sub -Area. Each Sub -Area will have separate guidelines that apply to it. 23D.01 Old Town District Boundaries. Beginning at the intersection of the centerline of West Smokey Row Road (East 136th Street) and the Monon Greenway; thence east to the alley between 1s` Avenue Northwest and North Range Line Road; Chapter 23D: Old Town District Overlay Zone 23D -1 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl CARMEL 0000358 CITY OF CARMEL ZONING ORDINANCE thence south to the south property line of the property located at the southwest corner of West Smokey Row Road and North Range Line Road; thence east across North Range Line Road to the east property line of the property located at the southeast corner of East Smokey Row Road and North Range Line Road; thence north to East Smokey Row Road; thence east to the rear lot line of properties on the east side of 1s` Avenue Northeast; thence south to 7th Street Northeast; thence east to the rear property line of properties on the east side of 2❑d Avenue Northeast; thence south to 3`d Street Northeast; thence east to 3rd Avenue Northeast; thence south to 1s` Street Northeast; thence south across the west property line of the property located at the northwest corner of East Main Street and 4`I' Avenue Northeast; thence south crossing over Main Street to the rear lot line of properties on the north side of Carmel View Drive; thence west to the rear lot line of properties on ls` Avenue Southeast; thence south to the south property line of the property located at the southeast corner of 4th Street Southeast and 1s` Avenue Southeast; thence west to the alley between 1s` Avenue Southeast and South Range Line Road; thence north to ls` Street Southeast; thence west to 2nd Avenue Southwest; thence south to 2nd Street Southwest; thence west to 4`s Avenue Southwest; thence north to the northwest corner of the property located on the northwest corner of West Main Street and 15` Street Northwest; thence east to the Monon Greenway; thence north on and along the Monon Greenway to the southern boundary of Bethenridge Subdivision; thence east to 1s` Avenue Northeast; thence north to the northern boundary of Bethenridge Subdivision; thence west to the Monon Greenway; thence north on and along the Monon Greenway to the beginning. Boundaries are further described by the map in Figure 1. Within the District, land is further subdivided into Sub - Areas, which describe different land use and design guidelines. The boundaries of the Sub -Areas are hereby established as shown on Figure 1. 23D.02 Application of Guidelines of the Overlay District. A. Buildings covered by the Guidelines. Any alteration, addition or new construction within the Old Town District that requires a building permit must be reviewed for conformance with these guidelines. Wherever there exists a C -2 /Old Town District within the Old Town Overlay District, the development standards and procedures of the C -2 /Old Town District shall govern. B. Contributing Buildings and Non - contributing Buildings. 1. Definition. a. Contributing Buildings are those that have certain characteristics that are in keeping with historical construction in the Old Town District. b. Non - contributing Buildings, usually built later, do not have many of these characteristics. The aim of the guidelines is to preserve or create contributing characteristics where it is possible to do so. Chapter 23D: Old Town District Overlay Zone 23D -2 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl • CARMEL 0000359 • • CITY OF CARMEL ZONING ORDINANCE 2. Application of guidelines. Some of the guidelines are directed only at Contributing Buildings and are not applicable to Non - contributing Buildings. Figure 3 designates the Contributing and Non - contributing Buildings. Such designation may be reviewed and revised at any time by the Director, using the criteria established in 23D.03(C). 3. New construction. New buildings must be built with the characteristics of Contributing Buildings, except for Accessory Buildings added to a property where the Principal Building is Non - contributing. 4. Reconstruction. Redevelopment or reconstruction of a property where the existing building has been demolished will be considered new construction, regardless of the classification of buildings previously existing on that site, except as provided in Section 23D.02(B)(5). 5. Where a building has been demolished due to fire or other accident or disaster that is customarily covered by insurance, the owner may reconstruct the property in accordance with these guidelines, or in substantially the same design as existed prior to the accident. C. Characteristics of Contributing Buildings. Buildings shall be considered Contributing, regardless of age, if they were originally built with all of the following characteristics, or if they have been altered to conform with these characteristics: 1. The following are characteristic of Contributing Buildings in the Character Sub -Area and the Historic Range Line Road Sub -Area: a. Small lots and small size houses, compared to Carmel's later subdivisions. b. Narrow house fronts compared to length. c. Hip or gabled roofs. d. Wood clapboard materials and wood or brick details. e. Narrow, rectangular wood windows. f. Detached garages in the rear of the property. g. Consistent Setbacks from the street and narrow Side Yards. h. Front porches (optional). 2. The following are characteristic elements of buildings in the Main Street Sub -Area: a. Retail uses on the ground floor. b. Transparent storefront glass for most of the length of the frontage. c. Little or no Setback from the sidewalk or right -of -way line. d. Orientation and front door opens toward Main Street. e. Parking in the rear or sides of building, not in the front. f. Pedestrian scale details and variety in the signs, awnings, and storefronts. g. Buildings at least two (2) stories tall. h. Walls faced in brick or wood, not concrete block or metal. Chapter 23D: Old Town District Overlay Zone 23D -3 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl CARMEL 0000360 CITY OF CARMEL ZONING ORDINANCE 23D.03 Guidelines.' A. Historic Range Line Road Sub -Area. The Historic Range Line Road Sub -Area encompasses the houses and businesses north of Main Street along Range Line Road. These buildings are generally larger than the others in the Old Town area and are more architecturally distinctive. In addition, their high visibility contributes greatly to the sense of Old Town as an historic area. 1. Renovations and Additions to All Existing Buildings. The following guidelines shall be applicable to all exterior renovations and additions to existing buildings in the Historic Range Line Road Sub -Area, regardless of whether the building is Contributing or Non - contributing. a. Lot Dimensions and Coverage. i. Existing lot dimensions as originally platted shall be acceptable. ii. Minimum Lot Width. (a) Single - family residence: Fifty (50) feet. (b) All other Uses: Sixty (60) feet. iii. Maximum Lot Coverage. (a) Single- family Uses: Forty -five percent (45 %) of the area of the lot (b) All other Uses: Seventy percent (70 %) of the area of the lot. iv. No lot may be created by Subdivision or by joining which results in a width of greater than ninety (90) feet. b. Setbacks. i. Additions, except for open -air porches, may not be added to the front of the building except where the building is set back more than twenty (20) feet from the setback line of its nearest two neighbors (See Figure 2b). ii. A Corner Lot for a residential use is presumed to have a front yard setback on both streets that it faces. For a non - residential use, the front yard shall be Range Line Road (if the property is located on Range Line Road) or the street with the greatest traffic. iii. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property line. c. Materials. Additions and alterations to the exterior will use materials consistent with those found on the building when it was originally built. d. Roof. Alterations that reduce the roof pitch of an existing building more than five degrees (5 °) are not allowed. Additions may have a shed, gable, or hip roof. Porch additions may have a flat roof. e. Garages. i. All new garages must be either: (a) Detached buildings that are sited at least five (5) feet behind the Front Line of the Principal Building, or 1 Section 23D.03 amended per Ordinance No. Z- 453 -04, §ds -eg. Chapter 23D: Old Town District Overlay Zone 23D -4 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl • • • CARMEL 0000361 • CITY OF CARMEL ZONING ORDINANCE (b) Attached to the Principal Building so that the front face of the garage is at least fifteen (15) feet further from the Front Lot Line than the Front Line of the Principal Building. New attached garages on Corner Lots should be oriented to the side street, rather than to Range Line Road. ii. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principal Building. iii. Covered walkways attaching the garage to the Principal Building are allowed. f. Landscape and Lighting. i. A paved walkway from the porch or front door to the front sidewalk is required. ii. The remaining Front Yard of all buildings will be maintained with a groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. iii. Exterior lighting is restricted to lamps mounted on the building, seven - foot (7') maximum - height pole - mounted decorative lights, and low - wattage landscape lighting. iv. Fences greater than thirty-six inches (36 ") tall are not allowed in the Front Yard of the property. v. Chain link material is prohibited forward of the Front Line of the Principal Building. vi. Dumpsters and trash receptacles must be screened from view. Signs. Signage, where allowed, shall abide by the City of Carmel and Clay Township Zoning Ordinance specified in Section 25.07.02 -13. h. Parking and Driveways. i. Parking is not allowed in the Front Yard of any property, except on a driveway leading to the garage. ii. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty-four (24) feet wide. iii. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to fifty percent (50 %) in order to accommodate difficult site conditions such as limited access, small lots, and/or existing mature trees. iv. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. g. i. Permitted Uses. In addition to those uses allowed in the underlying zoning district, retail uses shall be allowed in the Historic Range Line Road Sub -Area. Chapter 23D: Old Town District Overlay Zone 23D -5 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl CARMEL 0000362 CITY OF CARMEL ZONING ORDINANCE 2. Additional Guidelines for Alterations & Additions to Contributing Buildings in the Historic Range Line Road Sub -Area. Alterations and additions to existing, Contributing Buildings in the Historic Range Line Road Sub -Area shall be guided by the following: a. Demolition. No Contributing Building, or any part of it, may be demolished in this district without the consent of the Director. The Director shall only consider the following when determining whether a building or any part of it may be demolished: i. Structural conditions pose an imminent safety hazard. ii. An advanced state of dilapidation or fire damage would make it unfeasible to repair the building for any reasonable economic use. iii. The particular financial situation of the current owner or the current owner's desired use for the property shall not be considered as factors in determining consent for demolition. b. Building Use. Notwithstanding uses otherwise allowed by zoning, uses that require Substantial Alteration or additions to the exterior of a Contributing Building in order to accommodate the functional requirements will not be allowed. c. Materials. i. Details such as porch railings, trim boards, fascia boards, and cornices may not be removed from the building. ii. Original materials of the building will be repaired rather than replaced, when possible. iii. When original materials, windows, doors, siding, railings, and other details cannot be repaired, they may only be replaced with architecturally correct materials that simulate the look, details and dimensions of the original. Substitute materials (vinyl, aluminum, concrete plank, e.g.) must meet these standards in order to be acceptable. d. Alterations. i. Alterations to the interior of the historic building are allowed if the exterior of the building is not changed. ii. No alterations are allowed that permanently change the massing, character, window placement or details of the exterior of the original building. iii. Previous additions or alterations to the building that detract from or conceal the character of the building may be removed and the building restored to a previous condition. In this process, no attempt should be made to add "historic" features (e.g., bay windows or gingerbread trim) not actually a part of the original building. e. Additions. i. Additions are allowed only in the rear of the building. ii. Additions may not be taller or wider than the existing building. iii. Additions must be designed to complement, but not mimic, the historic architecture. Chapter 23D: Old Town District Overlay Zone 23D -6 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 v 1 • • • CARMEL 0000363 • CITY OF CARMEL ZONING ORDINANCE iv. Additions must be built in such a way that they can be removed in the future without damage to the original building. 3. New Construction. The following guidelines apply to all new buildings built within the boundaries of the Historic Range Line Road Sub -Area. a. Building Mass. i. Buildings are to be oriented parallel and perpendicular to the street. ii. Buildings will generally be longer than they are wide, with the narrow dimension facing the street. Building widths may not exceed forty-five (45) feet, except where the lot is greater than eighty (80) feet in width, in which case the building may be up to fifty -five (55) feet wide. b. Setbacks. i. 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 three (3) feet allowed (See Figure 2a). ii. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property line. c. Lot Dimensions and Coverage. i. Minimum Lot Width. (a) Single - family Dwelling: Fifty (50) feet. (b) All other Uses: Sixty (60) feet. ii. Maximum Lot Coverage. (a) Single - family Uses: Forty-five percent (45 %) of the area of the lot (b) All other Uses: Seventy percent (70 %) of the area of the lot. iii. No lot may be created by Subdivision or by joining which results in a width of greater than ninety (90) feet. d. Materials. i. All sides of the Principal and Accessory Buildings must be clad in wood, brick, stone, or high- quality vinyl siding. The same material must be used on all sides of the building. ii. New detached garages and other Accessory Buildings should use exterior materials similar to the Principal Building. iii. Windows and trim must be framed in wood or vinyl -clad wood. iv. Visible aluminum storm windows or doors are not allowed. v. Chimneys are to be brick. vi. Exterior guardrails, handrails and other stair details may be wood or wrought iron. vii. Roofs are to be asphalt, wood or slate shingles. Chapter 23D: Old Town District Overlay Zone 23D -7 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl CARMEL 0000364 CITY OF CARMEL ZONING ORDINANCE viii. Foundations must be split -face block, stone veneer or poured -in -place concrete. e. Windows, Doors. i. Vertical, rectangular double -hung or casement windows are required. These may be used in multiple sets to create larger expanses of window area. ii. Plate -glass picture windows, strip windows and arched windows are not allowed on the front facade. iii. Special windows are allowed (ovals, hexagon, etc.) as accents. f. Roof. i. The roof of the Principal Building and Accessory Buildings shall be gabled, multi - gabled, or hipped, with a minimum pitch of eight to twelve (8:12). ii. A roof over a porch or bay window may be flat or pitched. g. Porches. i. Covered porches facing the street on the first or upper floor of the structure are strongly encouraged but not required. ii. Uncovered decks are not allowed in the front yard. h. Building Height. i. Minimum: Thirteen (13) feet to the midpoint of the cornice and the ridgeline. ii. Maximum: Thirty (30) feet to the midpoint of the cornice and the ridgeline, except as provided in 7(c). iii. Buildings may not exceed the height of the tallest dimension of the nearest two contributing buildings by more than seven (7) feet. i. Garages. i. All new garages must be either: (a) Detached buildings that are sited at least five (5) feet behind the Front Line of the Principal Building, or Attached to the Principal Building so that the front face of the garage is at least fifteen (15) feet further from the Front Lot Line than the Front Line of the Principal Building. New attached garages on Corner Lots should be oriented to the side street, rather than to Range Line Road. ii. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principal Building. iii. Covered walkways attaching the garage to the Principal Building are allowed. (b) Landscape and Lighting. i. A paved walkway from the porch or front door to the front sidewalk is required. Chapter 23D: Old Town District Overlay Zone 23D -8 as adopted per Z- 374 -02; Z- 453 -04 Summcr 2004 vl • • • CARMEL 0000365 • CITY OF CARMEL ZONING ORDINANCE ii. The remaining Front Yard of all buildings will be maintained with a groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. iii. Exterior lighting is restricted to lamps mounted on the building, seven - foot (7') maximum - height pole - mounted decorative lights, and low - wattage landscape lighting. iv. Fences greater than thirty-six (36) inches tall are not allowed in the Front Yard of the property. v. Chain link material is prohibited forward of the Front Line of the Principal Building. vi. Dumpsters and trash receptacles must be screened from view. k. Signs. Signage, where allowed, shall abide by Section 25.07.02 -13: Old Town Carmel. 1. Parking and Driveways. i. Parking is not allowed in the Front Yard of any property, except on a driveway leading to the garage. ii. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty-four (24) feet wide. iii. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to fifty percent (50 %) in order to accommodate difficult site conditions such as limited access, small lots, and/or existing mature trees. iv. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. m. Permitted Uses. In addition to those uses allowed in the underlying zoning district, retail uses will be allowed in the Historic Range Line Road Sub -Area. B. Main Street District Sub -Area. Main Street west of Range Line Road is a relatively intact example of street front retail. The emphasis is on encouraging new construction and renovations that conform to the desired character and prohibiting changes that do not conform to the existing character. This Sub -Area will be focal point of pedestrian commercial activity in the Old Town District. All new construction, and alterations and additions to new buildings, will follow these guidelines: 1. L. The underlying zoning in this district will prevail regarding permitted land uses, with the following exceptions: a. Only those uses allowed in B-1/Business districts will be allowed on the ground floor in areas that are designated as I -1 /Industrial districts; b. No drive- through or drive -up facilities are allowed for any use, including automotive, banking, or food sales. c. Multi- family residential uses will be specifically allowed and encouraged on the upper floors of all buildings. Chapter 23D: Old Town District Overlay Zone 23D -9 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vi CARMEL 0000366 CITY OF CARMEL ZONING ORDINANCE 2. Building mass. a. New buildings and renovations shall follow the general massing of a "Main Street" commercial block, i.e., a rectangular building with a flat or slightly sloped roof, oriented perpendicular to the street. b. Building height is limited to three (3) floors. c. 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. 3. Materials. a. The first floor and upper floors may be composed of different materials. The facade of the upper floors on any building that faces a public street may be constructed of wood siding, brick, stucco, or other masonry units, and trimmed in stone, contrasting brick, wood, or pre -cast concrete. b. The first floor of a new or renovated building must be composed of storefronts, which may be inserted into a masonry, wood, stone or concrete panel frame which is coordinated with the upper floor. Storefronts will be a lightweight material such as aluminum, glass, wood, tile, and panelized composites. c. The materials in the rear of the building must be coordinated with the front facade, although they may be different. d. On the front facade, at least sixty percent (60 %) of the total area of the first floor (up to the line of the second floor) must be transparent vision glass. e. Front and side facades of buildings located on corner lots shall be of the same materials and similarly detailed. f. Exterior walks, steps, ramps and paving must be masonry or stone pavers, or poured or pre -cast concrete. 4. Windows, Doors. a. A separate entrance facing a public street shall be provided to the upper floors of a building if the use differs from the one on the ground floor. b. Each floor shall have windows. 5. Roof. Roofs must have a pitch of less than three to twelve (3:12) and will not be a substantially visible part of the building. 6. Alterations and Additions. Existing buildings may be substantially modified to conform to these guidelines, except for designated historic structures. 7. Details. a. Cornices and other details of existing buildings may not be removed. b. The facade should have a flat front, with relief provided by minor bays, windows and window trim, storefronts, recessed doors, and features such as special brick coursing, pilasters and lintels: c. All new buildings will have an articulated cornice at the top of the facade wall. 8. Setbacks. a. Front Setback. The buildings must sit on the front property line except for minor recesses for entrances and outdoor seating /dining. Chapter 23D: Old Town District Overlay Zone 23D -10 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl • • CARMEL 0000367 • CITY OF CARMEL ZONING ORDINANCE b. Side setback. There are no minimum side setbacks; however, mid -block pedestrian access to rear parking must be a minimum of six (6) feet wide. 9. Entrances. a. The principal entrance to all retail areas must face the public street. b. Additional entrances may face the side of the building. c. No rear entrances are allowed except for residential or office uses, emergency exits, employees, loading and trash removal. 10. Storefronts. Storefronts shall be internally illuminated with spots or other incandescent lighting, so as to display prominently and attractively the business or its products. Exterior lighting may be affixed to the building. 11. Permanent Signs, Awnings and Murals. a. Maximum sign area: First floor occupants are allowed a total of one and a half (1'h) square feet of sign for each linear foot of street frontage, except that no single sign may exceed thirty -two (32) square feet in area. b. Freestanding permanent signs are not allowed. c. Building signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. d. Signs may be perpendicular or flat - mounted, including separately mounted letters. Perpendicular signs may not extend more than five feet from the face of the building. e. No sign may extend above the cornice line of the building. f. Allowable signs may also be painted in graphics in storefront or upper floor windows. Signs may also be imprinted on awnings. Signs may also be painted on the sides of buildings (see Subsection 110) below). All such signs will be included in the calculations for maximum sign area. Retractable or fixed fabric awnings are allowed, but these must fit within the storefront glass area and may not obscure details of the building. Awnings may only be supported with building- mounted hardware. h. Individual tenants should strive for a unique graphic image, rather than be required to conform to a single graphic style for the whole building. i. Portable signs or displays of merchandise within the street right -of -way, sidewalk or the front setback of the building will not be allowed. Graphics painted on the sides of buildings that are essentially commercial in character or describe activities in the adjacent building will be considered "signs ". Graphics painted on the sides of buildings are otherwise allowed but must be reviewed for conformance with this regulation. 12. Parking and Loading Requirements. a. Parking lots shall be located in the rear of the building only. b. Parking shall be provided at the ratio of one space for every one thousand two hundred (1200) square feet of gross area in the building. Where the total lot area is less than three thousand (3000) square feet, the owner shall be exempt from parking requirements. c. On- street parking may not be used to fulfill parking requirements; however, a reasonable share of a public lot may be assumed to fulfill these requirements. g. J• Chapter 23D: Old Town District Overlay Zone 23D -11 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl CARMEL 0000368 CITY OF CARMEL ZONING ORDINANCE d. Parking may be provided on -site or in a convenient remote lot not more than four hundred (400) feet from the property. e. Parking requirements may be reduced if businesses with substantially different peak hour requirements agree to share parking. A petition must be filed with the application indicating the terms of agreement of parties to a shared parking arrangement. f. No new curb cuts are allowed on Main Street, and no parking lots or loading areas may front on Main Street. Screened loading and trash areas shall be provided for all businesses at the rear of the building. g. C. Character Sub -Area. Character Sub -Areas consist of the bulk of the residential areas in the Old Town district both east and west of Range Line Road, and both residential and commercial properties facing Range Line Road in the north end of the District. There are many different styles of architecture in this area; however, the consistency and character of the neighborhood is worth protecting. The intent of these guidelines is to preserve the character of the neighborhood by preserving certain building and siting characteristics, without requiring that specific buildings or building elements be preserved. 1. Renovations and Additions to Existing Buildings. The following guidelines shall be applicable to all exterior renovations and additions to existing buildings in the Character Sub -Area, regardless of whether the building is Contributing or Non - contributing. a. Lot Dimensions and Coverages. i. Existing lot dimensions as originally platted shall be acceptable. ii. Minimum lot width. (a) Single - family Residential: Fifty (50) feet. (b) All Other Uses: Sixty (60) feet. iii. Maximum Lot Coverage. (a) Single - family Residential: Forty-five (45 %) of the area of the Lot. (b) All Other Uses: Seventy percent (70 %) of the area of the Lot. iv. No lot may be created by Subdivision or by joining which results in a width of greater than ninety (90) feet. b. Setbacks. i. Additions, except for open -air porches, may not be added to the front of the building except where the building is set back more than twenty (20) feet from the Setback line of its nearest two neighbors (See Figure 2b). ii. A Corner Lot for a residential use is presumed to have a Front Yard Setback on both streets that it faces. For a non - residential use, the Front Yard shall be Range Line Road (if the property is located on Range Line Road) or the street with the greatest traffic. iii. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property line. Chapter 23D: Old Town District Overlay Zone 23D -12 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl • • CARMEL 0000369 • CITY OF CARMEL ZONING ORDINANCE c. Materials. i. Additions and alterations to the exterior must be clad in wood, brick, concrete plank or high quality vinyl siding. ii. Materials of additions and alterations should be consistent with the materials in the Principal Building. d. Roof. Alterations that reduce the roof pitch of an existing building more than five degrees (5 °) are not allowed. Additions may have a shed, gable, or hip roof. Porch additions may have a flat roof. e. Garages. i. All new garages must be either: (a) Detached buildings that are sited at least five (5) feet behind the Principal Building, or Attached to the Principal Building so that the front face of the garage is at least fifteen (15) feet further from the Front Lot Line than the primary front line of the Principal Building. New attached garages on Corner Lots should be oriented to the side street, rather than to Range Line Road. ii. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principal Building. iii. Covered walkways attaching the garage to the Principal Building are allowed. (b) f. Landscape and Lighting. i. A paved walkway from the porch or front door to the front sidewalk is required. ii. The remaining Front Yard of all buildings will be maintained with a groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. iii. Exterior lighting is restricted to lamps mounted on the building, seven - foot (7') maximum - height pole - mounted decorative lights, and low - wattage landscape lighting. iv. Fences greater than thirty-six (36) inches tall are not allowed forward of the Front Line of the Principal Building. v. Vinyl covered chain -link material is allowed in the Front Yard except on those properties which front on Range Line Road. For properties fronting on Range Line Road, chain -link material is prohibited forward of the Front Line of the Principal Building. vi. Dumpsters and trash receptacle must be screened from view. Signs. Signage, where allowed, shall abide by the City of Carmel and Clay Township Zoning Ordinance specified in Section 25.07.02 -13. h. Parking and Driveways. i. Parking is not allowed in the Front Yard of any property, except on a driveway leading to the garage. g. Chapter 23D: Old Town District Overlay Zone 23D -13 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl CARMEL 0000370 CITY OF CARMEL ZONING ORDINANCE ii. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty -four (24) feet wide. iii. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to fifty percent (50 %) in order to accommodate difficult site conditions such as limited access, small lots and/or existing mature trees. iv. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. 2. Additional Guidelines for Alterations & Additions to Contributing Buildings in Character Sub -Area. Alterations or additions to existing, Contributing buildings in the Character Sub -Area shall be guided by the following guidelines. Nothing in these guidelines shall require a change to a part of the building that is not otherwise affected by the proposed alteration or addition. a. Materials. i. All sides of the Principal and Accessory Buildings must be clad in wood, brick, concrete plank or high - quality vinyl siding. ii. Windows and trim must be framed in wood or vinyl -clad wood. iii. Clear finish or brush finish aluminum storm windows or doors are not allowed. iv. Chimneys are to be brick. v. Exterior guardrails, handrails and other stair details may be wood or wrought iron. vi. Roofs are to be asphalt, wood or slate shingles. vii. Foundations must be split -face block, stone veneer or poured -in -place concrete. b. Where previous alterations have introduced inconsistent materials (simulated stone, brick, metal, etc.) to a wood - clapboard house, a new addition or alteration that affects this part of the structure will require removal of the inconsistent material. c. Windows, Doors. i. Vertical, rectangular double -hung or casement windows are required. These may be used in multiple sets to create larger expanses of window area. ii. Plate -glass picture windows, strip windows and arched windows are not allowed on the front facade. iii. Special windows are allowed (ovals, hexagon, etc.) as accents. iv. Existing windows may be moved or replaced with windows that are similar to the original building windows. v. If a window is covered over or removed, the material on the exterior must match the pre- existing siding. d. Roof. Roofs shall be gabled, multi - gabled, or hipped, with a minimum pitch of eight to twelve (8:12). Porch roofs may be flat or pitched. Chapter 23D: Old Town District Overlay Zone 23D -14 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl • • • CARMEL 0000371 • CITY OF CARMEL ZONING ORDINANCE e. Porches. i. Removal of existing porches is prohibited, unless the porch is being upgraded or replaced in a manner consistent with these guidelines. ii. Existing porches shall only be enclosed with transparent glass windows. iii. Uncovered decks are not allowed if forward of the Front Line of the Principal Building. f. Building Height. Additions to the existing building may not exceed the height of the tallest dimension of the nearest Contributing buildings by more than seven (7) feet. 3. New Construction. The following guidelines apply to all new buildings built within the boundaries of the Character Sub -Area. a. Building Mass. i. Buildings are to be oriented parallel and perpendicular to the street. ii. Buildings will generally be longer than they are wide, with the narrow dimension facing the street. Building widths may not exceed forty-five (45) feet, except where the lot is greater than eighty (80) feet in width, in which case the building may be up to fifty -five (55) feet wide. b. Setbacks. i. 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 three (3) feet allowed (See Figure 2a). ii. Additions, except for open -air porches, may not be added to the front of the building except where the building is set back more than twenty (20) feet from the Setback line of its nearest two neighbors (See Figure 2b). iii. A Corner Lot for a residential use is presumed to have a Front Yard Setback on both streets that it faces. For a non - residential use, the Front Yard shall be Range Line Road (if the property is located on Range Line Road) or the street with the greatest traffic. iv. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property line. c. Lot Dimensions and Coverage. i. Existing lot dimensions as originally platted shall be acceptable. ii. Minimum lot width. (a) Single - family Residential: Fifty (50) feet. (b) All Other Uses: Sixty (60) feet. iii. Maximum Lot Coverage. (a) Single- family Residential: Forty -five (45 %) of the area of the Lot. (b) All Other Uses: Seventy percent (70 %) of the area of the Lot. Chapter 23D: Old Town District Overlay Zone 23D -15 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl CARMEL 0000372 CITY OF CARMEL ZONING ORDINANCE iv. No lot may be created by Subdivision or by joining which results in a width of greater than ninety (90) feet. d. Garages. i. All new garages must be either: (a) Detached buildings that are sited at least five (5) feet behind the Principal Building, or Attached to the Principal Building so that the front face of the garage is at least fifteen (15) feet further from the Front Lot Line than the primary front line of the Principal Building. New attached garages on Corner Lots should be oriented to the side street, rather than to Range Line Road. ii. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principal Building. iii. Covered walkways attaching the garage to the Principal Building are allowed. (b) e. Landscape and Lighting. i. A paved walkway from the porch or front door to the front sidewalk is required. ii. The remaining Front Yard of all buildings will be maintained with a groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. iii. Exterior lighting is restricted to lamps mounted on the building, seven - foot (7') maximum - height pole- mounted decorative lights, and low - wattage landscape lighting. iv. Fences greater than thirty-six (36) inches tall are not allowed forward of the Front Line of the Principal Building. v. Vinyl covered chain -link material is allowed in the Front Yard except on those properties which front on Range Line Road. For properties fronting on Range Line Road, chain -link material is prohibited forward of the Front Line of the Principal Building. vi. Dumpsters and trash receptacle must be screened from view. f. Parking and Driveways. i. Parking is not allowed in the Front Yard of any property, except on a driveway leading to the garage. ii. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty -four (24) feet wide. iii. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to fifty percent (50 %) in order to accommodate difficult site conditions such as limited access, small lots and/or existing mature trees. iv. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. Chapter 23D: Old Town District Overlay Zone 23D -16 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl • • • CARMEL 0000373 • CITY OF CARMEL ZONING ORDINANCE g. Materials. i. All sides of the Principal and Accessory Buildings must be clad in wood, brick, stone, concrete plank or high - quality vinyl siding. The same material must be used on all sides of the building. ii. New garages and other Accessory Buildings shall use exterior materials similar to the Principal Building. iii. Windows and trim must be framed in wood or vinyl -clad wood. iv. Visible aluminum storm windows or doors are not allowed. v. Chimneys are to be brick. vi. Exterior guardrails, handrails and other stair details may be wood or wrought iron. vii. Roofs are to be asphalt, wood or slate shingles. viii. Foundations must be split -face block, stone veneer or poured -in -place concrete. h. Windows, Doors. i. Vertical, rectangular double -hung or casement windows are required. These may be used in multiple sets to create larger expanses of window area. J• ii. Plate -glass picture windows, strip windows and arched windows are not allowed on the front facade. iii. Special windows are allowed (ovals, hexagon, etc.) as accents. Roof. i. The roof of the Principal Building and Accessory Buildings shall be gabled, multi - gabled, or hipped, with a minimum pitch of eight to twelve (8:12). ii. A roof over a porch or bay window may be flat or pitched. Porches. i. Covered porches facing the street on the first or upper floor of the structure are strongly encouraged but not required. ii. Uncovered decks are not allowed in the front yard. k. Building Height. i. Minimum: Thirteen (13) feet to the midpoint of the cornice and the ridgeline. ii. Maximum: Thirty (30) feet to the midpoint of the cornice and the ridgeline, except as provided in 7(c). iii. Buildings may not exceed the height of the tallest dimension of the nearest two Contributing Buildings by more than seven (7) feet. Chapter 23D: Old Town District Overlay Zone 23D -17 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl CARMEL 0000374 CITY OF CARMEL ZONING ORDINANCE 23D.04 Submittal Process /Application Procedure.2 A. Consultation with Director and Application. Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the 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. 1. The applicant shall submit: a. two (2) copies of the written Site Plan and Design Review application form, b. two (2) copies of the Existing Features & Site Analysis Plan including adjacent zoning and land use, c. two (2) copies of the proposed Site Plan and Drainage Plan, and/or d. two (2) copies of the required information on architectural design, landscaping, parking, signage, lighting and access, as well as e. all necessary supporting documents and materials. 2. Site Plan & Design Review (SDR) approval is not required where Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) approval is required. B. Review. Review of the Application and Supporting Documents and Materials by the Director; Following the receipt of the written application and required supporting information by the Director, the Director shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. 1. Unless and until the Director 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 toward approval as hereinafter set forth. 2. Within ten (10) days of the formal acceptance of the application by the Director, he shall formally approve, deny, or request additional information about the petition. C. Approval or Denial of the Application by the Commission. 1. An approved Site Plan and Design Review petition shall be valid for two (2) years from the date of approval. If construction of the building(s) has (have) not started at the end of the two -year period, the Site Plan and Design Review request must be re- submitted to the Director. 2. If an approved Site Plan and Design Review petition is (are) substantially altered, re- submittal to the Director for approval is required. 3. If the petition is denied by the Director, the Director shall provide the applicant with a copy of said reasons, if requested. 4. The applicant may appeal the decision of the Director, as specified in Chapter 30. 2 Section 23D.04 amended per Ordinance No. Z- 453 -04, §er. Chapter 23D: Old Town District Overlay Zone 23D -18 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl • • • CARMEL 0000375 CITY OF CARMEL ZONING ORDINANCE CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z- 374 -02 96 -Ola OA April 1, 2002 April 1, 2002 ZO Ch 23D Spring 2002 vl Z- 453 -04 150 -02 OA August 16, 2004 August 16, 2004 23D.03; 23D.04 Summer 2004 vl Chapter 23D: Old Town District Overlay Zone 23D -19 as adopted per Z- 374 -02; Z- 453 -04 Summer 2004 vl • • • CARMEL 0000379 • CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 23E: HOME PLACE DISTRICT OVERLAY ZONE 23E.00 Home Place District Overlay Zone. 23E.01 District Boundaries. 23E.02 Commission Approval. 23E.03 Permitted Uses. 23E.04 Special Uses. 23E.05 Excluded Uses. 23E.06 Accessory Buildings and Uses. 23E.07 General Provisions. 23E.08 Home Place Business District. 23E.09 West Home Place Commercial Corridor. 23E.10 Additions to Existing Residential. 23E.00 Home Place District Overlay Zone.' 23E.00.01 Purpose, Intent and Authority. It is the purpose of the Home Place District to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties located in the Home Place neighborhood 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 Home Place District in the Comprehensive Plan. 23E.00.02 Plan Commission Approval. A. Development Plan. Refer to Sub - district regulations for Development Plan requirement. B. Architectural Design, Exterior Lighting, Landscaping and Signage. Refer to Sub - district regulations for Architectural Design, Exterior Lighting, Landscaping and Signage requirement. 23E.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). C. If the DP and/or ADLS plan is materially changed in any way, resubmission to the Commission per Section 23E.02 is required. 1 Section 20E.00 amended per Ordinance No. Z- 453 -04, §es -et. Chapter 23E: Home Place District Overlay Zone 23E -1 as adopted per Z- 375 -02. As amended per Z- 415 -03; Z- 453 -04; Z- 481 -05 Autumn 2005 vl CARMEL 0000381 CITY OF CARMEL ZONING ORDINANCE 23E.01 District Boundaries. The Home Place District Overlay Zone is generally bounded by the following streets; to the west by Pennsylvania Street, to the north by East 116`h Street, to the east by the Monon Greenway, and to the south by I -465. The Home Place District is comprised of the following sub - districts as shown on the Home Place District Boundaries Map, Exhibit A: A Home Place Business District, which is primarily comprised of the properties located near the intersection of East 106th Street and North College Avenue. B West Home Place Commercial Corridor, which is comprised of properties on the East side of Pennsylvania Street from East 103rd Street to East 116th Street. 23E.02 Commission Approval.' A. Development Plan. The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the Home Place Business District or West Home Place Commercial Corridor that is to be developed for commercial purposes or as a Planned Unit Development. 1. A public hearing shall be held by the Commission 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 and continue the architectural design of the existing structure, including exterior color and materials; doors, windows and other detailing; and, b. Do not exceed twenty percent (20 %) of the original gross floor area of the existing structure, applicable from the date of this ordinance. 2. Commission shall review a DP application to determine if the DP satisfies the development requirements specified in Section 23E.08 and Section 23E.09. 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 and internal site circulation; i. Special and general easements for public and 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; 2 Section 20E.02 amended per Ordinance No. Z- 453 -04, §eu. Chapter 23E: Home Place District Overlay Zone 23E -2 as adopted per Z- 375 -02. As amended per Z- 415 -03; Z- 453 -04; Z- 481 -05 Autumn 2005 vl •. • CARMEL 0000382 • CITY OF CARMEL ZONING ORDINANCE 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 Home Place Business District or West Home Place Commercial Corridor; and, r. Consistency with the policies for the Home Place District that are set forth in the Comprehensive Plan, including the Thoroughfare Plan. s. Excess Noise. 3. The Commission shall make written fmdings concerning each decision to approve or disapprove a DP. The President of the Commission shall be responsible for signing the written findings of the Commission. 4. If a Parent Tract (Tract) is located both inside and outside of the Home Place District Overlay Zone, a DP shall be submitted to the Plan Commission for the entire tract. Wherever there exists a conflict between the requirements of the underlying zoning and those of the Home Place District Overlay Zone, the requirements for the Home Place District Overlay Zone shall prevail. B. Architectural Design, Landscaping, Exterior Lighting and Signage. For all projects in the Home Place Business District and West Home Place Commercial Corridor, the Commission shall review and approve or approve with conditions the Architectural Design, Landscaping, Exterior Lighting and Signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Section 23E.08 and Section 23E.09, and such approvals 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 Structural Alteration of any commercial building(s) in the Home Place Business District or West Home Place Commercial Corridor; or 4. Any changes in site improvements. C. Zoning Waiver. The Commission may, after a public hearing, grant a Zoning 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 Home Place neighborhood. 3. 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 Home Place neighborhood, 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, provisions for bicycle and pedestrian traffic. 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 the applicant under Chapter 23E: Home Place District Overlay Zone 23E -3 as adopted per Z- 375 -02. As amended per Z- 415 -03; Z- 453 -04; Z- 481 -05 Autumn 2005 v 1 CARMEL 0000383 CITY OF CARMEL ZONING ORDINANCE Indiana law to petition the Board for a variance from development standards provided under IC 36 -7 -4 -918.5 and this Zoning Ordinance. 23E.03 Permitted Uses.3 All uses which are permitted in the underlying primary zoning district(s), except those uses expressly excluded by Appendix A: Schedule of Uses, are permitted in the Home Place District Overlay Zone. 23E.04 Special Uses.' All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in Appendix A: Schedule of Uses, are permitted in the Home Place District Overlay Zone. 23E.05 Excluded Uses.' See Appendix A: Schedule of Uses. 23E.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 shall be architecturally compatible with the Principal Building(s) with which it is associated. 23E.07 General Provisions. These guidelines apply to commercial development, expansion, additions, or construction in The Home Place District Overlay Zone. A. Landscaping. 1. Parking areas shall be landscaped as follows: a. 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 one hundred (100) linear feet or three (3) shade trees and ten (10) shrubs per one hundred (100) linear feet. b. Parking areas that are located in Side Yards shall be screened from the street right -of -way with a six -foot (6') wide planting strip consisting of: i. Three (3) shade trees and thirty (30) shrubs per one hundred (100) linear feet, or; ii. A forty- two -inch (42 ") decorative wall, or; iii. A combination of the above as approved by the Commission. c. Shade trees shall be planted within parking areas greater than ten thousand (10,000) square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) parking spaces. 3 Section 23E.03 amended per Ordinance No. Z- 415 -03, §cb. 4 Section 23E.04 amended per Ordinance No. Z- 415 -03, §cc. ' Section 23E.05 amended per Ordinance No. Z- 415 -03, §cd. Chapter 23E: Home Place District Overlay Zone 23E-4 as adopted per Z- 375 -02. As amended per Z- 415 -03; Z- 453 -04; Z- 481 -05 Autumn 2005 vl • • CARMEL 0000384 • CITY OF CARMEL ZONING ORDINANCE 2. A three - foot (3') wide or greater strip of foundation plantings shall be provided along the front building facade. 3. The design of fencing, sound walls, carports, trash enclosures and similar site elements shall replicate the architecture of the Principal Building(s) in construction materials and detailing. 4. 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 sixty percent (60 %) of all trees that are: a. Six -inch (6 ") DBH or larger, or b. Located within the required yard/setback areas. If tree preservation is not possible due to other site constraints, the Director or his appointed designee may require a Reforestation or Afforestation Plan. 5. 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 be issued a Temporary Certificate of Occupancy until the final site inspection can be performed. The Temporary Certificate of Occupancy shall not last longer than six (6) months. 6. 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 planting 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. 7. No landscaping, which has been approved by the Commission, shall later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. 8. The Director, or his duly appointed representatives, shall have the authority to visit any lot or parcel within the Home Place Business District. B. Lighting. 1. Storefronts shall be internally illuminated to prominently and attractively display the business or its products. 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. 4. All exterior architectural, display, decorative, and sign lighting shall be generated from concealed, low level fixtures. 5. Exterior lighting shall be architecturally integrated with the building style, material, and color. Rooftop lighting shall be prohibited. 6. The maximum height of lighting 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 areas, their height shall not exceed fifteen (15) feet. C. Parking and Loading. 1. No parking shall be allowed in the Front Yard. Chapter 23E: Home Place District Overlay Zone 23E -5 as adopted per Z- 375 -02. As amended per Z- 415 -03; Z- 453 -04; Z- 481 -05 Autumn 2005 v 1 CARMEL 0000385 CITY OF CARMEL ZONING ORDINANCE 2. All parking shall be paved with asphalt or concrete, and curbed using poured -in -place concrete curbing. 3. Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk by low walls, low fences, or hedges. 4. Parking space dimensions shall be nine feet by twenty feet (9' x 20'), or ten feet by eighteen feet (10' x 18'), including two (2) feet for bumper overhang. 5. Adjacent/adjoining lots shall be interconnected either by alleys or internal driveways. D. Pedestrian and Bicycle Circulation. 1. Neither sidewalks nor walkways shall be used by auto traffic. 2. Bicycle parking shall be provided at one (1) space per one hundred (100) feet of building frontage. Where fractional spaces result, the parking spaces required shall be the nearest whole number. 3. Walkways, shall be provided, as applicable, between buildings to provide access between rear parking areas and principal building entrance or the street. Unless otherwise noted in this Ordinance, the minimum width for walkways shall be eight (8) feet. E. Product Material & Refuse Storage. 1. Material or product storage shall occur within the Principal Building or an Accessory Building. 2. Any Accessory Building for storage shall: a. Be architecturally compatible with the Principal Building and integrated into the overall site layout. b. Be approved by the Commission. 3. Any Accessory Building for storage or disposal of refuse shall: a. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. b. Be architecturally compatible with the Principal Building and integrated into the overall site layout. c. Be approved by the Commission. F. Zoning Waiver. The applicant may request a Zoning Waiver to the dimensional and quantitative standards of this Section 23E.07, by not greater than thirty -five percent (35 %), consistent with requirements set forth in Section 23E.02(C). Chapter 23E: Home Place District Overlay Zone 23E -6 as adopted per Z- 375 -02. As amended per Z- 415 -03; Z- 453 -04; Z- 481 -05 Autumn 2005 vl • • CARMEL 0000386 CITY OF CARMEL ZONING ORDINANCE 23E.08 Home Place Business District.' • This zone is intended to foster urban neighborhood village -like commercial activity, in keeping with the intention of the Comprehensive Plan. It is to contain office and retail uses that are of an intensity and scale compatible with the surrounding residential areas, both in scale and architecture. These commercial uses should provide services and support the existing residential areas and nearby U.S. 31 Commercial Corridor. The purpose of this section is to provide site design requirements that orient buildings to the street and are pedestrian in scale. The object is to align buildings in order to create a sense of an outdoor room, encompassing sidewalks and the street. A. Building Height. 1. Minimum: Twenty (20) feet. 2. Maximum: Thirty-five (35) feet. B. Front Yard Setback. 1. Minimum: Five (5) feet from Front Lot Line. 2. Maximum: Fifteen (15) feet from Front Lot Line. 3. Uses which require outdoor seating shall be set back no less than ten (10) feet. C. Minimum Side Yard Setback. 1. There are no Minimum Side Yard Setbacks; however, walkways to rear parking must be a minimum of six (6) feet wide. 2. See also Section 23E.07(A): Landscaping. D. Minimum Rear Yard Setback. 1. Minimum: Ten (10) feet 2. See also Section 23E.07(A): Landscaping. E. Building Orientation. 1. All buildings must face the public street. 2. The primary entrance shall be from a public street. 3. Secondary entrances must face the side or rear of the building. F. Maximum Gross Floor Area. Fifteen thousand (15,000) square feet G. Architectural Design. 1. Buildings shall be a maximum of two (2) stories. 2. The building shall be primarily composed of brick and/or stucco with other materials used for accent. 3. The first and second 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 on the first floor. 4. Front and side facades of buildings on Corner Lots shall be of the same materials and similarly detailed. 5. In general, buildings will have flat fronts with large window or door openings. • 6 Section 20E.08 amended per Ordinance No. Z- 453 -04, §ev. Chapter 23E: Home Place District Overlay Zone 23E -7 as adopted per Z- 375 -02. As amended per Z- 415 -03; Z- 453 -04; Z- 481 -05 Autumn 2005 vl CARMEL 0000387 CITY OF CARMEL ZONING ORDINANCE 6. 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. 7. The second story of buildings may be for commercial or residential uses. 8. Rooftop equipment must be screened from view. H. Parking. Parking shall be provided at the minimum ratio of one (1) space per one thousand (1000) square feet of Gross Floor Area. I. Buffer Requirements. Any properties adjacent to or abutting an existing residence or residential area must create at least a five -foot (5') wide buffer consisting of a minimum of three (3) shade trees, two (2) ornamental trees, and nine (9) shrubs per one hundred (100) linear foot increment. J. Zoning Waiver. The applicant may apply for a Zoning Waiver of the dimensional and quantitative standards of this Section 23E.08, by not greater than thirty-five percent (35 %), consistent with requirements set forth in Section 23E.02(C). Chapter 23E: Home Place District Overlay Zone 23E -8 as adopted per Z- 375 -02. As amended per Z- 415 -03; Z- 453 -04; Z- 481 -05 Autumn 2005 vl • CARMEL 0000388 CITY OF CARMEL ZONING ORDINANCE 23E.09 West Home Place Commercial Corridor.' • The purpose of this section is to provide site design, architectural, and landscaping requirements that will create a transition between the U.S. 31 Commercial Corridor buildings and nearby residential areas. The buildings in this corridor will serve as a buffer between the intensive commercial uses along U.S. 31 and the existing residential areas. Higher intensity commercial development will be considered desirable in the northern portion of this area while lower intensity, residential scale commercial development will be desirable in the southern half. These two areas are shown in the Home Place District area map, Exhibit A. A. Building Height. 1. Buildings located in the Low Intensity area shall be a maximum of two (2) stories tall or thirty (30) feet, whichever is less. 2. Buildings located in the High Intensity area shall be a maximum of three (3) stories tall or forty -five (45) feet, whichever is less. B. Front Yard Setback. 1. Minimum: Five (5) feet C. Side Yard Setback. 1. Minimum: Ten (10) feet D. Rear Yard Setback. 1. Next to existing residence(s): Fifteen (15) feet 2. Next to existing business: Ten (10) feet E. Building Orientation. 1. All buildings must face Pennsylvania Street. 2. The primary entrance shall be from at least a Secondary Arterial. 3. Secondary entrances shall not be through residential areas. F. Architectural Design. 1. Low Intensity Area: a. Buildings must be residential in character. b. Buildings must be designed to contribute to the neighborhood scale environment and to be compatible with residential uses in nearby single - family areas. c. Buildings must be faced in brick and trimmed in metal, stone, pre -cast concrete, wood, or stucco. d. Every face of the building must have windows. e. Concrete block is not allowed on the exterior. f. Entrances must be clearly articulated. g. The architectural style, including materials and detailing, must be consistent on all sides of the building. h. Rooftop equipment must be screened from view. ' Section 20E.09 amended per Ordinance No. Z- 453 -04, §ew; Z- 481 -05, §a. Chapter 23E: Home Place District Overlay Zone 23E -9 as adopted per Z- 375 -02. As amended per Z- 415 -03; Z- 453 -04; Z- 481 -05 Autumn 2005 vl CARMEL 0000389 CITY OF CARMEL ZONING ORDINANCE 2. High Intensity Area: a. Large expanses of glass are allowed, but the building shall not be constructed entirely of a metal and glass curtain wall. b. A minimum of three (3) materials shall be used for building exteriors, from the following list: stone, brick, architectural pre -cast (panels or detailing), architectural metal panels, glass, and ornamental metal. c. Concrete block is not allowed as an exterior finish material. d. Entrances must be clearly articulated. e. The architectural style, including materials and detailing, must be consistent on all sides of the building. f. 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. Rooftop equipment must be screened from view. g. G. Buffer Standards. 1. Low Intensity Area: Any properties adjacent to or abutting an existing residence or residential area must create at least a five -foot (5') wide buffer consisting of a minimum of three (3) shade trees, two (2) ornamental trees, and nine (9) shrubs per one hundred (100) linear foot increment. 2. High Intensity Area: Any properties adjacent to or abutting an existing residence or residential area must create at least a ten -foot (10') wide buffer consisting of a minimum of five (5) shade trees, four (4) ornamental trees, and fifteen (15) shrubs per one hundred (100) linear foot increment. H. Zoning Waiver. The applicant may apply for a Zoning Waiver of the dimensional and quantitative standards of this Section 23E.09, by not greater than thirty -five percent (35 %), consistent with requirements set forth in Section 23E.02(C). 23E.10 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 must be of compatible architectural design with the Principal Building. Chapter 23E: Home Place District Overlay Zone 23E -10 as adopted per Z- 375 -02. As amended per Z- 415 -03; Z- 453 -04; Z- 481 -05 Autumn 2005 vl • • CARMEL 0000390 CITY OF CARMEL ZONING ORDINANCE CHAPTER 23E: HOME PLACE DISTRICT OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z- 375 -02 135 -01a OA April 1, 2002 April 1, 2002 ZO Ch 23E Spring 2002 vl Z- 415 -03 39 -02 OA November 17, 2003 November 18, 2003 23E.03; 23E.04; 23E.05 Autumn 2003 vl Z- 453 -04 150 -02 OA August 16, 2004 August 16, 2004 23E.00; 23E.02; 23E.08; 23E.09; 23E.11 Summer 2004 vl Z- 481 -05 05070002 OA September 19, 2005 September 19, 2005 23E.09 Autumn 2005 vl Chapter 23E: Home Place District Overlay Zone 23E -12 as adopted per Z- 375 -02. As amended per Z- 415 -03; Z- 453 -04; Z- 481 -05 Autumn 2005 vl • • CARMEL 0000392 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE — RANGE LINE ROAD OVERLAY ZONE 23F.00 Carmel Drive — Range Line Road Overlay Zone. 23F.01 District Boundaries. 23F.02 Plan Commission Approval. 23F.03 Permitted Uses. 23F.04 Special Uses; Prohibited Uses. 23F.05 Building Setbacks. 23F.06 Building Orientation. 23F.07 Building Height. 23F.08 Building Footprint. 23F.09 Construction Materials. 23F.10 Architectural Design. 23F.11 Landscaping. 23F.12 Lighting. 23F.13 Signage. 23F.14 Pedestrian Circulation. 23F.15 Parking. 23F.16 Product, Material & Refuse Storage. 23F.17 Other Requirements. 23F.18 Sunset Provision. 23F.00 Carmel Drive — Range Line Road Overlay Zone. 23F.00.01 Purpose, Intent and Authority. The purpose of this overlay zone is to protect and enhance the health, safety and welfare of the citizens and property owners of Carmel by allowing for the establishment of an uptown business district that will support a range of activities and opportunities to all segments of the community; with mixed -uses in multi -story buildings; is pedestrian oriented and supportive of multiple modes of transportation; with buildings and a streetscape which are attractive and safely designed in order to enhance the livability of the city. It is the City's intent to achieve the purpose of this zone by: • Providing a consistent urban design treatment for private and public properties in central Carmel; • Providing additional opportunities for investment and reinvestment in real estate by mandating higher intensity of development; • Minimizing suburban sprawl, through re -use and redevelopment of the community's land resources; • Minimize community infrastructure costs thru the more efficient use of land; • Providing controls for architecture and landscape design to establish continuity of design between projects and to improve the physical relationship between new buildings and overall community. Chapter 23F: Carmel Drive — Range Line Road Overlay Zone 23F -1 as adopted per Z- 444 -04; as amended per Z-486-06; Z- 497 -06 Autumn 2006 vl CARMEL 0000394 CITY OF CARMEL ZONING ORDINANCE Further, it is the intent of this overlay zone to provide a temporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of Art and Design, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone regulations. 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. In establishing this zone, the Plan Commission and Council relies on I.C. 36 -7 -4 -1400 et seq. 23F.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). 23F.01 District Boundaries. The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as approved on the Zoning Map. 23F.01.01 Parcels in the C -1 /City Center and C -2 /01d Town Districts shall be exempt from the requirements of the Zone. 23F.02 Plan Commission Approval. 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land in the Carmel Drive — Range Line Road Corridor Overlay Zone as required in Sections 23F.02.02 and 23F.02.03. 23F.02.02 Development Plan. A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. A DP shall be required for additions to existing structures which exceed the following: A. Fifty percent (50 %) of the original gross floor area of the existing structure, applicable from the date of this ordinance. 23F.02.03 Architectural Design, Exterior Lighting, Landscaping and Signage. The Commission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation, consistent with the provisions set forth in Section 23F.08 through Section 23F.16, Section 24.03 and such approvals shall be necessary prior to: A. The establishment of any use of land; B. The issuance of any Improvement Location Permit, except maintenance and/or repairs consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, maintenance and/or repairs shall be consistent with the previously approved Improvement Location Permit; C. Any change in site improvements which are not consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, changes in site improvements shall be consistent with the previously approved Improvement Location Permit. 23F.02.04 Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the Chapter 23F: Carmel Drive — Range Line Road Overlay Zone 23F -2 as adopted per Z- 444 -04; as amended per Z- 486 -06; Z- 497 -06 Autumn 2006 vl • • CARMEL 0000395 CITY OF CARMEL ZONING ORDINANCE dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent (35 %). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes and neighborhoods. B. 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 or the District, and shall not adversely affect emergency vehicle access. C. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under IC 36 -7 -4 -918.5 and this Zoning Ordinance. 23F.03 Permitted Uses. See Appendix A — Schedule of Uses. 23F.03.01 23F.03.02 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. Residential uses are permitted; however, it shall not comprise more than seventy-five percent (75 %) of a project's gross floor area in districts where residential is not permitted in the underlying zoning district. 23F.04 Special Uses; Prohibited Uses. See Appendix A — Schedule of Uses. 23F.04.01 Special Uses. All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the Board. In addition, any Use existing at the time of the passage of this Chapter which does not conform to Section 23F.03: Permitted Uses but which otherwise does conform to the applicable Use provisions of the underlying zoning district(s), shall be deemed to be and shall be a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. 23F.04.02 Prohibited Uses. A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A 23F.04.03 Restoration after Destruction of Building. Nothing in this Chapter shall prevent the restoration of a building or structure destroyed one hundred percent (100 %) or less of its square footage at the time of such destruction by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration Chapter 23F: Carmel Drive — Range Line Road Overlay Zone 23F -3 as adopted per Z- 444 -04; as amended per Z- 486 -06; Z- 497 -06 Autumn 2006 vl CARMEL 0000396 CITY OF CARMEL ZONING ORDINANCE and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed one hundred percent (100 %) or less and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans shall be subject to obtaining an Improvement Location Permit and payment of fees and comply with Sections 23F.09 and 23F.10. 23F.05 Building Setbacks. 23F.05.01 Build -to Line. A. Minimum: Zero (0) feet, subject to recorded utility easement(s). B. Maximum: Ten (10) feet, subject to recorded utility easement(s) and to subparagraph C below. C. Up to seventy - percent (70 %) of the front facade may be recessed for entrances and outdoor seating; however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Commission approval. 23F.05.02 Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. 23F.05.03 Conflicting Requirements. Wherever there exists a conflict between the building setback requirements of the State Highway 431/Keystone Avenue Corridor Overlay Zone and the Carmel Drive — Range Line Road Overlay Zone, the State Highway 431/Keystone Avenue Corridor Overlay Zone shall govern. 23F.06 Building Orientation. 23F.06.01 Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that fronts on those streets. 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the maximum amount of frontage, except for driveways, sidewalks and landscape areas, as required by the Ordinance. 23F.06.04 Additional buildings may be built in the rear of the property. 23F.06.05 All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.06.06 The primary entrance must be readily apparent as a prominent architectural feature and visible from the street. 23F.07 Building Height. 23F.07.01 Principal Buildings must have at least two floors of occupiable space. The second and higher floors must be at least fifty percent (50 %) the size of the building footprint and must be oriented to the front of the building such that its front line is equal to that of the first floor. 23F.07.02 Minimum height: twenty-six (26) feet 23F.07.03 Maximum height: Chapter 23F: Carmel Drive — Range Line Road Overlay Zone 23F -4 as adopted per Z- 444 -04; as amended per Z- 486 -06; Z- 497 -06 Autumn 2006 vl CARMEL 0000397 CITY OF CARMEL ZONING ORDINANCE A. Thirty -five (35) feet, or three stories, whichever is greater, if adjacent to single - family residential zone. B. Fifty -five (55) feet, or five (5) stories, whichever is greater. 23F.08 Building Footprint. 23F.08.01 Minimum: 0.5 Floor Area Ratio (FAR). 23F.08.02 Maximum: 40,000 square feet. 23F.09 Construction Materials. 23F.09.01 Principal Buildings must be faced on front and sides with brick, stone, stucco or similarly detailed precast concrete and trimmed in metal, stone, precast concrete, wood, stucco, or brick. 23F.09.02 Rear building facade materials may vary, however, its material colors and composition must be coordinated with the front and side facades. 23F.10 Architectural Design. Buildings in the Zone must include the following characteristics: 23F.10.01 Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a significant component. 23F.10.02 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. 23F.10.03 The facade shall be provided relief by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. 23F.10.04 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. 23F.10.05 When applicable, retail storefronts shall be oriented 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. 23F.10.06 Every face of the building with frontage on a public street must have openings for windows. 23F.10.07 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. 23F.10.08 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. 23F.10.09 Pedestrian scale detailing is encouraged 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. 23F.10.10 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. Chapter 23F: Carmel Drive — Range Line Road Overlay Zone 23F -5 as adopted per Z- 444 -04; as amended per Z- 486 -06; Z- 497 -06 Autumn 2006 v 1 CARMEL 0000398 CITY OF CARMEL ZONING ORDINANCE '23F.11 Landscaping. 23F.11.01 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. 23F.11.02 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 thirty (30) shrubs per 100 linear feet. 23F.11.03 Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk by low walls, low fences, or hedges. 23F.11.04 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. 23F.11.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. 23F.11.06 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 50% of all trees that are 6" DBH or larger and located within the required yard/setback areas. 23F.11.07 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. 23F.11.08 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. Street trees in this zone will be maintained by the City. 23F.11.09 All landscaping is subject to approval by the Commission. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. 23F.11.10 Ground level mechanical/ telecommunication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. 23F.12 Lighting. 23F.12.01 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. 23F.12.02 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 abutting single - family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. 23F.12.03 Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. Chapter 23F: Carmel Drive — Range Line Road Overlay Zone 23F -6 as adopted per Z- 444 -04; as amended per Z- 486 -06; Z- 497 -06 Autumn 2006 v 1 • • • CARMEL 0000399 CITY OF CARMEL ZONING ORDINANCE 23F.13 23F.12.04 All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. 23F.12.05 The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. Signage.1 23F.13.01 23F.13.02 Prohibited signs: A. Ground Signs B. All other signs specified in Section 25.07.01 -4: Prohibited Signs. Wall signs are allowed provided that they fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Size shall be determined by Sign Chart A of Section 25.07: Sign Ordinance. 23F.13.03 In cases where Wall Signs are located less than five feet (5') from a right -of -way line, the Wall Sign shall be deemed to be located five (5) feet from the right -of -way for purposes of applying Sign Chart A to determine the allowable sign area. 23F.13.04 Projecting Signs are allowed for new or existing buildings which comply with setback, orientation and height requirements, as specified in Sections 23F.05, 23F.06 and 23F.07 of this Chapter. 23F.14 Pedestrian Circulation. 23F.14.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width. 23F.14.02 Walkways shall be provided on at least one side of the building and shall 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 six (6) feet. 23F.14.03 Neither sidewalks nor walkways shall be used by automotive traffic. 23F.14.04 Pedestrian access shall be coordinated with and provided to adjoining properties. 23F.15 Parking. 23F.15.01 Parking areas shall be setback not less than six (6) feet behind the Front Build -to -Line. 23F.15.02 Parking areas shall be located at the rear or side of buildings, and screened per Section 23F.11.03. 23F.15.03 Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. 23F.15.04 Adjacent /adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. 23F.15.05 Paths within parking lots of more than three rows shall be designated to accommodate pedestrians safely from parking areas to sidewalks, walkways and/or building(s). Such paths may consist of striping. Section 23F.13 amended per Ordinance No. Z- 486 -06, §i. Chapter 23F: Carmel Drive — Range Line Road Overlay Zone 23F -7 as adopted per Z- 444 -04; as amended per Z- 486 -06; Z- 497 -06 Autumn 2006 v 1 CARMEL 0000400 CITY OF CARMEL ZONING ORDINANCE 23F.15.06 Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F.16 Product, Material & Refuse Storage. 23F.16.01 Material or product storage shall occur within the Principal building or an Accessory building. 23F.16.02 Any Accessory Building for storage shall: A. Be architecturally compatible with the Principal building and integrated into the overall site layout. B. Be approved by the Commission. 23F.16.03 Any Accessory Building for storage or disposal of refuse shall: A. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept .closed unless loading or unloading. C. Be architecturally compatible with the Principal building and integrated into the overall site layout. D. Be approved by the Commission. 23F.17 Other Requirements. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. 23F.18 Sunset Provision. This Chapter expires December 31, 2007. Chapter 23F: Carmel Drive — Range Line Road Overlay Zone 23F -8 as adopted per Z- 444 -04; as amended per Z- 486 -06; Z- 497 -06 Autumn 2006 vl • CARMEL 0000401 • • CITY OF CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE — RANGE LINE ROAD OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z- 444 -04 04010027 OA December 20, 2004 January 19, 2005 Z- 486 -06 05120002 OA February 20, 2006 March 22, 2006 23F.13 Spring 2006 vl Z- 497 -06 06080022 OA October 16, 2006 October 16, 2006 23F.18 Autumn 2006 vl Chapter 23F: Carmel Drive — Range Line Road Overlay Zone 23F -9 as adopted per Z- 444 -04; as amended per Z- 486 -06; Z- 497 -06 Autumn 2006 vl CARMEL 0000402 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 23G: WEST 116TH STREET OVERLAY ZONE 23G.00 West 116th Street Overlay Zone 23G.01 District Boundaries 23G.02 Permitted I lses 23G.03 Height and Area Requirements 23G.04 Minimum Lot Standards 23G.05 Other Requirements 23G.00 West 116th Street Overlay Zone. 23G.00.01 Purpose, Intent and Authority The purpose of this zone is to protect the estate character of the area. 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 and Council, in establishing this zone, are relying on I.C. 36 -7 -4 -100 et seq. 23G.00.02 Plan Commission Approval A. Development Plan (DP) Not required. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADT,S) Not required. 23G.00.99 Application Procedure A. Development Plan Not required. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) Not required. 23G.01 District Boundaries. The boundaries of the West 116th Street Overlay Zone are hereby established as shown on the Zoning Map. 23G.01.01 23G.01.02 23G.01.03 Parcels in the P- 1/Parks District are exempt from the requirements of the Zone. Parcels in subdivisions platted as of the date of this ordinance are exempt from the requirements of the Zone. Portions of parcels extending beyond a depth of greater than or equal to 990 feet from the center line of 116th Street are exempt from the requirements of the Zone. 23G.02 Permitted ilseS. All Uses which are permitted in the underlying primary zoning district(s) are permitted in the Zone. Chapter 23G: West 116th Street Overlay Zone 23G -1 as adopted per Z- 473 -05 Spring 2005 vi CARMEL 0000404 CITY OF CARMEL ZONING ORDINANCE 23G.03 Height and Area Requirements. 23G.03.01 Minimum Lot Area: No new lot may be created with an area less than three (3) acres. 23G.03.02 Parcels in the Zone may not be platted as prescribed in Chapter 7 of the Subdivision Control Ordinance. 23G.04 Minimum lot Standards. 23G.04.01 Minimum Front Yard. One hundred (100) feet. 23G.05 Other Requirements. All other requirements not mentioned in this Chapter shall remain as stated for that primary zoning classification district mapped. Chapter 23G: West 116th Street Overlay Zone 23G -2 as adopted per Z- 473 -05 Spring 2005 v 1 • • • CARMEL 0000405 CITY OF CARMEL ZONING ORDINANCE CHAPTER 23G: WEST 116TH STREET OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z- 473 -05 05010022 OA April 18, 2005 April 18, 2005 Chapter 23G: West 116th Street Overlay Zone 23G -3 as adopted per Z- 473 -05 Spring 2005 v 1 CARMEL 0000406 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPER 24: DEVELOPMENT PLAN AND ARCHITECTURAL DESIGN, EXTERIOR LIGHTING, LANDSCAPING & SIGNAGE REGULATIONS 24.00 Development Plan and Architectural Design, Exterior i.ighfing, i,andscaping Sr Signage Regulations 24.01 Purpose & Intent 24.02 Development Plan 24.03 Architectural Design; Exterior i,ighfing, i,andscaping & Signage 24.99 Procedures for Submission and Review 24.00 Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage Regiilations. 24.01 Purpose & intent. Development Plan (DP) and/or Architectural Design, Exterior Lighting, Landscaping & Signage (ADLS) approval by the Commission shall be necessary prior to the establishment of any Use or Building, so cited by the district regulations herein, or the issuance of an Improvement Location Permit for said Use or Building. Development Plan and/or Architectural Design, Exterior Lighting, Landscaping & Signage applications shall generally be considered favorably by the Commission. 24.02 Development Plan. A. Development Requirements The Commission shall review a Development Plan application to determine if the Development Plan satisfies the development requirements specified herein and in the applicable zoning district. The Commission's review shall include but not be limited to the following items: 1. Compatibility of the development with surrounding land uses. a. Consistency with the policies for the district as set forth in the Comprehensive Plan; b. Surrounding zoning and existing land use; c. Compatibility with existing platted residential uses; and d. Compatibility of proposed project with existing development within the district. 2. Availability and coordination of: a. The means and impact of water supply techniques; b. The means and impact of sanitary sewers; Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -1 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vl CARMEL 0000408 CITY OF CARMEL ZONING ORDINANCE c. On -site and off -site surface and subsurface storm water drainage including drainage calculations; and d. Other on -site and off -site utilities. 3. Management of traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community such that: a. The design and location of proposed street and highway access points minimize safety hazards and congestion; b. The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development; and c. The entrances, streets, and internal traffic circulation facilities in the Development Plan are compatible with existing and planned streets and adjacent developments. 4. Building setback lines. 5. Building coverage. 6. Building separation. 7. Vehicle circulation. a. Consistency with the policies for the district as set forth in the Thoroughfare Plan; b. Dedication of streets and rights -of -way, and/or reservation of land to be sold to governmental authorities for future development of streets and rights -of -way. In developments that adjoin or include existing streets that do not conform to the minimum right -of -way dimensions as established by the Thoroughfare Plan, the developer shall dedicate additional width along either one or both sides or such streets of inadequate width so as to bring them up to standards, provided the area to be used for widening is owned by the subdivider or under his control; c. Location and character of streets; d. Access to public streets; e. Driveway and curb cut locations in relation to other sites; f. Location and character of curbs and gutters; g. General vehicular traffic; h. Location and character of vehicle parking facilities; i. Vehicular internal site circulation; 8. Pedestrian and bicycle circulation. a. Consistency with the policies for the district as set forth in the Thoroughfare Plan; b. Location and character of sidewalks, pedestrian trails, and bicycle paths; c. Access to public sidewalks and multi -use paths; d. General pedestrian and bicycle traffic; e. Location and character of bicycle parking and storage facilities; f. Pedestrian and bicycle internal site circulation. Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -2 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vl • • • CARMEL 0000409 CITY OF CARMEL ZONING ORDINANCE 9. Site landscaping and screening. 10. Height, scale, materials, and style of improvements. 11. Project signage. 12. Recreation space. 13. Exterior lighting. 14. Other requirements considered appropriate by the legislative body: a. Existing site features, including topography and wooded areas; b. Zoning on site; c. Special and general easements for public or private use; d. Protective restrictions and/or covenants. B. Plan Documentation & Supporting Information 1. The location and character of the following: a. Existing and proposed principal structures and accessory structures. i. Exterior Elevations, Renderings, Etc Exterior elevations, renderings depicting the exterior materials to be used, and a list of exterior materials relating to all buildings and other structures proposed in the area subject to Development Plan approval, together with Architectural Design, Exterior Lighting, Landscaping and Signage Plans, shall be submitted to the Commission in order to better define the intent of the proposed development. The architectural design should reflect a unified design which is in character and proper relationship with the surrounding area. Unless required by the Commission, this Section shall not apply to detached, single - family residences. ii. Site Plan (a) Location of special and general easements for public or private use; (b) Building setback lines; (c) Building coverage; (d) Building separation. b. Utilities. c. Signage. i. Sign Plan All exterior signage proposed to be located in the development, subject to approval and obtaining of a Sign Permit prior to erection under the requirements of the Sign Ordinance, shall be shown and conformance or nonconformance with said Ordinance shall be so noted. d. Landscaping. i. Landscape Plan A detailed plan of the existing and proposed landscaping showing location, kind and caliper measurement size of trees, shrubbery and screening materials, as appropriate and required by the Plan Commission. Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -3 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vl CARMEL 0000410 CITY OF CARMEL ZONING ORDINANCE 2. The nature and intensity of uses in the development. 3. The condition and size of public thoroughfares and parking, vehicle, and pedestrian facilities. a. Traffic Study A traffic study to include a comparative analysis of present volumes on streets bordering the development or with a direct bearing on the development versus potential capacity volumes of those streets. Consideration should be made of the effect of the proposed development and the traffic it would engender, particularly at peak periods. A Circulation Plan should be included for all existing and proposed streets, both public and private, which will show recommendations for controlling, signalizing, channelizing, parking, storing and warning both pedestrian and vehicular traffic. 4. The location and capacity of drainage facilities and sewer systems serving the development. a. Drainage Plan Detailed drawings and Construction Plans for all elements of the storm water drainage system, including curbs and gutters, storm sewers, open drainage waterways, drain tiles, culverts, retention reservoirs and other necessary appurtenances, shall be included. Among the necessary items of information are locations, grades, sizes, capacity and typical cross - sections of the Drainage Plan elements. A report shall be included conceming: i. Legal drains located in the development or relating to the development, ii. The flooding potential of the development, iii. The design of the storm water system to deal with such flooding potential, and iv. The expected impact of the development's storm water runoff on any receiving stream or downstream property. Where flood plains as indicated by FP, FF or FW Districts herein, are involved, a statement from the Indiana Natural Resources Commission to the extent it has jurisdiction shall be required with respect to location of floodways and flood plains. 5. Other information considered appropriate by the legislative body. a. Metes & Rounds Description An accurate metes and bounds description of the boundary of the tract that is subject to Final Development Plan approval. b. Covenants Conditions & Restrictions A list of the covenants, conditions, and restrictions, if any, which will run with the land and affect the use of the property within the area subject to Final Development Plan approval. The approved covenants shall be recorded with the Recorder of Hamilton County, Indiana. c. Erosion Control & Sedimentation Plan A statement and plan setting forth the method of controlling erosion and sedimentation before, during and following development and construction, e.g., temporary seeding, sediment detention basins, erosion prevention devices and other similar means, that meet the Hamilton County Soil & Water Conservation District guidelines for urban development. d. hting Plan Specifics are required concerning the easements, locations, size, height, type, intensity and illuminance of proposed street and outdoor lighting. e. Service Reports Service reports or statements, as necessary, may include but Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -4 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vl • • • CARMEL 0000411 CITY OF CARMEL ZONING ORDINANCE not be limited to the following sources: i. City, County or State highway departments; ii. Indiana Natural Resources Commission; iii. Board of Public Works & Safety; iv. member organizations of the Technical Advisory Committee. f. Other Construction Plans Other specific Construction Plans shall be submitted as necessary detailing information on, but not limited to, streets, lighting, sanitary sewer system, storm water drainage system, curbs and gutters, sidewalks and the related appurtenances. The required information shall include locations, grades, sizes, capacities, typical cross - sections and so forth. These plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed to do business in the State of Indiana in accordance with State Statutes. g. Constriction Timetable A construction timetable or schedule shall include the approximate timing of completion and/or occupancy of the improvements proposed in the area subject to Development Plan approval. h. Deeds of Dedication Certification of dedication of streets, rights -of -way and other public property to the proper authorities, except so much thereof as are intended to remain private. Certificate of Commission Approval Certificate of Approval by the Commission shall be on each and every sheet of the Development Plan. 24.03 Architectural Design, Exterior Lighting, Landscaping and Sigragp. A. Development Requirements. The Commission shall review an Architectural Design, Exterior Lighting, Landscaping and Signage application to determine if the Architectural Design, Exterior Lighting, Landscaping and/or Signage satisfy the development requirements specified herein and in the applicable zoning district. The Commission's review shall include but not be limited to the following items: 1. Compatibility of the development with surrounding land uses. a. Consistency with the policies for the district as set forth in the Comprehensive Plan; b. Surrounding zoning and existing land use; c. Compatibility with existing platted residential uses; and d. Compatibility of proposed project with existing development within the district. 2. Pedestrian and bicycle circulation. a. Consistency with the policies for the district as set forth in the Thoroughfare Plan; b. Location and character of sidewalks, pedestrian trails, and bicycle paths; c. Access to public sidewalks and multi -use paths; d. General pedestrian and bicycle traffic; e. Location and character of bicycle parking and storage facilities; Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -5 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vl CARMEL 0000412 CITY OF CARMEL ZONING ORDINANCE f. Pedestrian and bicycle internal site circulation. 3. Site landscaping and screening. 4. Height, scale, materials, and style of improvements. 5. Project signage. 6. Exterior lighting. 7. Other requirements considered appropriate by the legislative body: a. Existing site features, including topography and wooded areas; b. Zoning on site; c. Special and general easements for public or private use; d. Protective restrictions and/or covenants. B. Plan Documentation Rc Supporting Information 1. The location and character of the following: a. Existing and proposed principal structures and accessory structures. i. Exterior Elevations, Renderings, Etr Exterior elevations, renderings depicting the exterior materials to be used, and a list of exterior materials relating to all buildings and other structures proposed in the area subject to Architectural Design, Exterior Lighting, Landscaping and Signage approval, together with Plans, shall be submitted to the Commission in order to better define the intent of the proposed development. The architectural design should reflect a unified design which is in character and proper relationship with the surrounding area. Unless required by the Commission, this Section shall not apply to detached, single - family residences. ii. Site-P_lan (a) Location of special and general easements for public or private use; (b) Building setback lines; (c) Building coverage; (d) Building separation. b. Utilities. c. Signage. i. Plan. All exterior signage proposed to be located in the development, subject to approval and obtaining of a Sign Permit prior to erection under the requirements of the Sign Ordinance, shall be shown and conformance or nonconformance with said Ordinance shall be so noted. d. Landscaping. i. Landscape Plan A detailed plan of the existing and proposed landscaping showing location, kind and caliper measurement size of trees, shrubbery and screening materials, as appropriate and required by the Plan Commission. Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -6 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vl • CARMEL 0000413 CITY OF CARMEL ZONING ORDINANCE e. Exterior Lighting. i. Lighting _Plan Specifics are required concerning the easements, locations, size, height, type, intensity and illuminance of proposed street and outdoor lighting. 2. The nature and intensity of uses in the development. 3. Other information considered appropriate by the legislative body. a. Covenants, Conditions & Restrictions A list of the covenants, conditions, and restrictions, if any, which will run with the land and affect the use of the property within the area subject to Architectural Design, Exterior Lighting, Landscaping and Signage approval. The approved covenants shall be recorded with the Recorder of Hamilton County, Indiana. b Other Construction Plans Other specific Construction Plans shall be submitted as necessary detailing information on, but not limited to, streets, lighting, sanitary sewer system, storm water drainage system, curbs and gutters, sidewalks and the related appurtenances. The required information shall include locations, grades, sizes, capacities, typical cross - sections and so forth. These plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed to do business in the State of Indiana in accordance with State Statutes. 24.99 Procedures for Submission and Review. A. Development Plan 1. Pre - Application Consultation with the Director Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the 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. 2. Application a. Director The applicant shall submit to the Director: i. Two (2) copies of the written application form; ii. Two (2) copies of the Existing Features & Site Analysis Plan; iii. Two (2) copies of the Development Plan; iv. As well as two (2) copies of all necessary supporting documents and materials. b. Technical Advisory Committee The applicant shall submit the following to the members of the Technical Advisory Committee (TAC): i. One (1) copy of the written application form; ii. One (1) copy of the Existing Features & Site Analysis Plan; iii. One (1) copy of the Development Plan; iv. As well as one (1) copy of all necessary supporting documents and materials. Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -7 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vi CARMEL 0000414 CITY OF CARMEL ZONING ORDINANCE c. initial Review of the Application and Supporting Documents and Materials i. Director Following the receipt of the written application, Development Plan, and necessary supporting documents and/or materials, the Director shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. ii. Technical Advisory Committee Following the receipt of the written application, Development Plan, and necessary supporting documents and/or materials, the Director shall place the application on the agenda of the Technical Advisory Committee. d. Submittal to the Commission If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director 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 toward approval as hereinafter set forth. ii. If the materials submitted by the applicant are determined to be complete and in compliance, the Director shall forward the materials to the Commission. Within thirty (30) days of the formal acceptance of the Development Plan application, the Director shall formally file the application by: (a) Assigning a docket number; (b) Setting a date and time for a public hearing; and (c) Placing it upon the agenda of the Commission according to the Commission's Rules of Procedure. iii. The applicant shall file for each Commission member a copy of the Existing Features & Site Analysis Plan, the Development Plan, and supporting documents and/or materials pursuant to the Commission's Rules of Procedure. 3. Fees. See Section 29.06. 4. Public Notice 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 Commission's Rules of Procedure. 5. Public Hearing by the Commission The conduct of the public hearing shall be in accordance with the Commission's Rules of Procedure. Following the public hearing, the Development Plan shall be reviewed by the Commission. 6. Review The Commission shall review a Development Plan to determine if the Development Plan: a. Is consistent with the Comprehensive Plan; and b. Satisfies the development requirements specified in the Zoning Ordinance. Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -8 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 v 1 • • • CARMEL 0000415 CITY OF CARMEL ZONING ORDINANCE 7. Approval. a. In determining whether approval shall be granted, the Commission shall consider generally if the Development Plan: i. Creates and maintains a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the District and with adjacent uses; ii. Provides sufficient and well- designed access, parking and loading areas; iii. Provides traffic control and street plan integration with existing and planned public streets and interior access roads; iv. Provides adequately for sanitation, drainage and public utilities; and v. Allocates adequate sites for all uses proposed, the design, character, grade, location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan. b. In determining whether approval shall be granted, the Commission may: i. Impose conditions on the approval of a Development Plan if the conditions are reasonably necessary to satisfy the development requirements specified in the Zoning Ordinance for approval of the Development Plan. ii. Provide that approval of a Development Plan is conditioned on the furnishing to the Commission of a bond or written assurance that: (a) Guarantees the timely completion of a proposed public improvement in the proposed development; and (b) Is satisfactory to the Commission. iii. Permit or require the owner of real property to make a written commitment. c. Time Limit An approved Development Plan shall be valid for two (2) years from the date of approval. Upon written application to the Director before the expiration of said approval, and upon good cause shown, the Director may extend the approval for a period not to exceed six (6) months. d. If the Development Plan is substantially or materially altered in any way, resubmission to the Commission is required. e. If a Development Plan petition is denied, the Commission shall provide the applicant with a written copy of the findings -of -fact, if requested. f. and other matters relevant to review. 8. Amendment. a. Requirements. See Section 24.02. b. Fees. See Section 29.06. c. Public Notice. See §A(4). d. Public Hearing. See §A(5). e. Review. See §A(6). Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -9 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vl CARMEL 0000416 CITY OF CARMEL ZONING ORDINANCE f. Approval. See §7 above. g. and other matters relevant to review. B. Architectural Design Exterior Lighting, T,andsraping Sr Signau 1. Pre - Application Consultation with the Director Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the 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. 2. Application. a. Director. The applicant shall submit to the Director: i. Two (2) copies of the written application form; ii. Two (2) copies of the Existing Features & Site Analysis Plan; iii. Two (2) copies of the Exterior Elevations and/or Renderings; iv. Two (2) copies of the Lighting Plan; v. Two (2) copies of the Landscape Plan; vi. Two (2) copies of the Signage Plan; vii. As well as two (2) copies of all necessary supporting documents and materials. b. Technical Advisory Committee The applicant may be required to submit the following to the members of the Technical Advisory Committee (TAC): i. One (1) copy of the written application form; ii. One (1) copy of the Existing Features & Site Analysis Plan; iii. One (1) copy of the Exterior Elevations and/or Renderings; iv. One (1) copy of the Lighting Plan; v. One (1) copy of the Landscape Plan; vi. One (1) copy of the Signage Plan; vii. As well as one (1) copy of all necessary supporting documents and materials. c. initial Review of the Application and Supporting Documents and Materials i. Director Following the receipt of the written application, Plans, and necessary supporting documents and/or materials, the Director shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. ii. Technical Advisory Committee Following the receipt of the written application, Plans, and necessary supporting documents and/or materials, the Director shall place the application on the agenda of the Technical Advisory Committee. d. Submittal to the Commission i. If the materials submitted by the applicant are not complete or do not Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -10 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 v 1 • • CARMEL 0000417 CITY OF CARMEL ZONING ORDINANCE comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director 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 toward approval as hereinafter set forth. ii. If the materials submitted by the applicant are determined to be complete and in compliance, the Director shall forward the materials to the Commission. Within thirty (30) days of the formal acceptance of the Architectural Design, Exterior Lighting, Landscaping and Signage application, the Director shall formally file the application by: (a) Assigning a docket number; (b) Setting a date and time for Commission review; and (c) Placing it upon the agenda of the Commission according to the Commission's Rules of Procedure. iii. The applicant shall file for each Commission member a copy of the Existing Features & Site Analysis Plan, the Plans, and supporting documents and/or materials pursuant to the Commission's Rules of Procedure. 3. FeeR. See Section 29.06. 4. Review The Commission shall review an ADLS to determine if the ADLS: a. Is consistent with the Comprehensive Plan; and b. Satisfies the development requirements specified in the Zoning Ordinance. 5. Approval. a. In determining whether approval shall be granted, the Commission shall consider generally if the Architectural Design, Exterior Lighting, Landscaping and Signage: i. Creates and maintains a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the District and with adjacent uses; ii. Provides sufficient and well - designed access, parking and loading areas; and iii. Allocates adequate sites for all uses proposed, the design, character, grade, location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan. b. In determining whether approval shall be granted, the Commission may: i. Impose conditions on the approval of an Architectural Design, Exterior Lighting, Landscaping and Signage if the conditions are reasonably necessary to satisfy the development requirements specified in the Zoning Ordinance for approval of the Architectural Design, Exterior Lighting, Landscaping and Signage. ii. Permit or require the owner of real property to make a written commitment. Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -11 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vl CARMEL 0000418 CITY OF CARMEL ZONING ORDINANCE c. Time i.imit An approved Architectural Design, Exterior Lighting, Landscaping and Signage shall be valid for two (2) years from the date of approval. Upon written application to the Director before the expiration of said approval, and upon good cause shown, the Director may extend the approval for a period not to exceed six (6) months. d. If the Architectural Design, Exterior Lighting, Landscaping and/or Signage is substantially or materially altered in any way, resubmission to the Commission is required. e. and other matters relevant to review. 6. Amendment. a. Requirements. See Section 24.03. b. Fees. See Section 29.06. c. Review. See §A(6). d. Approval. See §7 above. e. and other matters relevant to review. C. Appeals 1. Authority The Commission may hear, review and determine appeals taken from any order, requirements, decision or determination made by a Hearing Officer or Committee authorized to approve the Development Plan or any portion thereof. 2. Filing Deadline All appeals shall be filed with the Director within thirty (30) days of the action to be appealed. 3. Appeal Procedure a. Consultation with the Director and Application Appellants shall meet with the Director in order to examine the nature of the proposed appeal, review the regulatory ordinances and materials, and review the appeal procedures. The Director shall aid the appellant in preparing his application and supporting documents as necessary. The appellant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials. b. initial Review of the Application and Supporting Documents and_Materials by the Director: Submission to the Commission Following the receipt of the written appeal application and necessary supporting documents and materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted by the appellant are not complete, or do not comply with the necessary legal requirements, the Director shall inform the appellant of the deficiencies in his materials. Unless and until the Director formally accepts the appeal application as complete and in legal compliance it shall not be considered as formally filed for the purpose of proceeding to the succeeding steps toward Commission consideration of the appeal as hereinafter set forth. The application is formally filed when it is placed upon the Commission agenda by the Director according to the Commission's Rules of Procedure. c. Public Hearing by the Commission Once the Director has accepted and filed the appeal application with the Commission, he shall assign a docket number and set a date and time for a public hearing as required by the Rules of Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -12 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vl • • • CARMEL 0000419 CITY OF CARMEL ZONING ORDINANCE Procedure of the Commission. The appellant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The appellant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Commission. The conduct of the public hearing shall be in accordance with the Commission's Rules of Procedures. d. Approval or Denial of the Appeal by the Commission Following the public hearing on the appeal, the Commission shall approve, approve with conditions, or deny the appeal. In exercising its powers, the Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed as in its opinion ought to be done on the premises, and to that end shall have all the powers of the Hearing Officer or Committee from whom the appeal is taken. Upon reaching a decision on the appeal request, the Commission shall enter into its records the reasons for its decision and shall provide the appellant with a copy of said reasons, if requested. The Commission shall inform the Director and the appellant of its decision, including all conditions contained as a part thereof. All further actions taken by the appellant or the Director concerning the item that was appealed, including the issuance of Improvement Location Permits, shall be subject to said ruling of the Commission. 4. Stay of Work When an appeal from Hearing Officer or Committee has been filed with the Commission, all proceedings and work on the premises upon which the appeal has been filed shall be stayed unless Hearing Officer or Committee from whom the appeal was taken shall certify to the Commission that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Commission or by a court of competent jurisdiction, on notice to Hearing Officer or Committee from whom the appeal is taken and the owner or proprietor of the premises affected and on due cause shown. After the owner, his agent and/or a person or corporation in charge of the work on the premises affected has received notice, the Director shall have full power to order such work discontinued or stayed and to call upon the police power of the City or County to give full force and effect to the order. Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -13 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vl CARMEL 0000420 CITY OF CARMEL ZONING ORDINANCE CHAPTER 24: PLANNED DISTRICT REGULATIONS AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z- 365 -01 76 -Ola OA November 5, 2001 November 27, 2001 24.02.04 Z- 453 -04 150 -02 OA August 16, 2004 August 16, 2004 Repealed Ch. 24; Adopted as DP/ ADLS Regulations Summer 2004 vl Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage 24 -14 as amended per Z- 365 -01; Z- 453 -04 Summer 2004 vl • • CARMEL 0000421 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 25: ADDITIONAL USE REGULATIONS 25.00 Additional Use Regulations. 25.01 Accessory Buildings & Uses. 25.02 Fences. 25.03 Mobile Home Courts. 25.04 Recreational Vehicles. 25.05 Weeds & Solid Wastes. 25.06 Grading. 25.07 Signs. 25.08 Construction Facilities, Temporary. 25.09 Drainage. 25.10 Required Community Facilities. 25.11 Principal Dwelling Structure - Minimum Width. 25.12 Satellite Receiving Antennas. 25.13 Towers. 25.14 Premises Identification. 25.15 Sexually Oriented Businesses. 25.16 Model Homes. 25.17 Private Recreational Development or Facility. 25.18 Home Occupation. 25.19 Automobile Filling and Automobile Service Stations. 25.20 Outdoor Storage. 25.21 Outdoor Display. 25.22 Sales, Outdoor, Temporary Use. 25.23 Special Event, Outdoor, Temporary Use. 25.24 Sales, Seasonal Outdoor. Temporary Use. 25.25 Sale of Fireworks, Temporary Use. 25.00 Additional Use Regulations. 25.01 Accessory Buildings and Uses.' 25.01.01: Residential Districts. A. Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely incidental to the uses allowed in a given district are permitted provided that: 1. Accessory Buildings and Uses shall not alter or change the character of the premises; 1 Section 25.01 amended per Ordinance No. Z- 369 -02, §ar -au; Z- 486 -06 §1. Chapter 25: Additional Use Regulations 25 -1 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl CARMEL 0000423 CITY OF CARMEL ZONING ORDINANCE 2. Accessory Buildings and Uses shall be on the same lot as the Principal Building to which they are accessory; 3. Accessory Buildings shall not be attached to the Principal Building, with the exception of an allowable uniform and continuous roof supported by customary supports or joists, and no other connection or attachment between the structures exists; 4. Timing: a. No Accessory Building shall be constructed upon a lot until the construction of the Principal Building has actually commenced; and, b. No Accessory Building shall be used unless the Principal Building on the Lot is also being occupied for the intended purposes. c. However, nothing shall prevent the use of a Temporary Construction Facility for the storage of tools, material and equipment by a contractor during building construction; B. Height and Area Requirements. 1. Maximum Height. Eighteen (18) feet. 2. Minimum Lot Area. Per underlying zoning district. 3. Minimum Lot Standards. a. Minimum Front Yard. i. Except as otherwise provided for Corner and Through Lots, when detached from the Principal Building, Accessory Buildings shall be set back a minimum of the greater of the following: (a) twenty -five (25) feet behind the Front Line of Building; (b) twenty-five (25) feet behind the Building Setback Line. ii. On Corner Lots no residential Accessory Building may be erected: (a) forward of any Front Line of Building of the Principal Building, or (b) in any required Minimum Front Yard. iii. On Through Lots no Accessory Building may be erected: (a) forward of the Front Line of Building of the front facade of the Principal Building, or (b) in the required Minimum Front Yard located to the rear of the Principal Building. b. Minimum Side and Rear Yards. i. When more than ten (10) feet from a Principal Building, Accessory Buildings shall be set back a minimum of the greater of the following: (a) Five (5) feet, or Chapter 25: Additional Use Regulations 25 -2 as amended per Z-307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl • • • CARMEL 0000424 CITY OF CARMEL ZONING ORDINANCE (b) Easement plus three (3) feet, but not within any Easement or required landscaped or greenbelt area. ii. When closer than ten (10) feet to a Principal Building, Accessory Buildings shall be considered as part of the Principal Building and shall be provided with the Side and Rear Yards required for the Principal Building. 7. Maximum Lot Coverage. The combined square footage of all Dwellings, Private Garages and Accessory Buildings on a given Lot shall not exceed thirty-five percent (35 %). 8. Maximum Gross Floor Area. The combined square footage of a Private Garage and/or Accessory Building shall not exceed the living area of the Principal Building. 9. Lighting. No lighting shall cause Illumination at or beyond any Lot Line in excess of 0.1 Footcandle of light. C. Accessory Uses. 1. Exceptions. Accessory Uses such as public utility installations, private walks, driveways, retaining walls, mail boxes, nameplates, lamp posts, birdbaths and structures of a like nature are permitted in any required Front, Side or Rear Yard. 2. Multi - family Districts. a. Trash Receptacles. Trash receptacles must be enclosed on all four (4) sides and be screened with landscaping to a minimum height of dumpster and/or compactor plus two (2) feet. 3. Private radio and television reception and transmitting towers and antennas. a. Permitted subject to applicable local, state and federal regulations. b. No structure shall be located or permitted within ten (10) feet of a power transmission line. 4. Guest House. a. One (1) Guest House with cooking facilities may be permitted as an Accessory Building on Lots containing not less than one (1) acre. 5. Servants Quarters. a. Quarters for bona fide servants employed by the occupants of the Dwelling are permitted. 6. Tennis courts. a. Shall be located only within a Side or Rear Yard. b. Fencing. Open wire mesh fences surrounding tennis courts may be erected to a height of sixteen (16) feet if such fences only enclose a regulation court area and standard apron areas. 7. Private Garage. Where a Private Garage is entered from an Alley, it must be set back a minimum of three (3) feet from the alley easement or right -of -way line. Chapter 25: Additional Use Regulations 25 -3 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl CARMEL 0000425 CITY OF CARMEL ZONING ORDINANCE 8. Private Swimming Pool. a. Minimum Side and Rear Yard Setbacks. A swimming pool or its deck shall be set back a minimum of the greater of the following: i. Ten (10) feet from the Side and/or Rear Lot Line or ii. the Minimum Side and/or Rear Setback for the district. b. Safety. For purposes for safety, the following shall apply: i. Walls or Fencing. Walls or fencing deemed to be impenetrable by the enforcing authority, that is not less than five (5) feet high completely surrounding the swimming pool and the deck area with exception of self - closing and latching gates and doors, both capable of being locked; ii. Other Means. Other means not less than five (5) feet high and deemed impenetrable by the enforcing authority at the time of construction and completely surrounding the pool and deck area when the pool is not used; and iii. Combination. A combination of Subsections (i) through (ii) that completely surrounds the pool and deck with the exception of self - closing and latching gates and doors which are capable of being locked; or iv. Pool Cover. A safety pool cover may be used provided that: (a) there is a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool; it is mechanically operated by key or key and switch such that the cover cannot be drawn upon or retracted without the use of a key; (c) it is capable of supporting a four hundred (400) pound imposed load upon a completely drawn cover; (d) it is installed with a track, rollers, rails or guides; (e) it bears an identification tag indicating the name of the manufacturer, name of the installer, installation date, and applicable safety standards, if any. (f) that it is in compliance with the Indiana swimming pool code, 2d Edition, effective date September 13, 1989, as amended. 25.01.02 Business, Industrial, and Manufacturing Districts. A. Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely incidental to the uses allowed in a given district are permitted provided that: 1. Accessory Buildings and Uses do not alter or change the character of the premises; 2. Accessory Buildings and Uses are on the same lot as the Principal Building to which they are accessory; (b) Chapter 25: Additional Use Regulations 25 -4 as amended per Z-307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl • • • CARMEL 0000426 CITY OF CARMEL ZONING ORDINANCE 3. Accessory Buildings are not attached to the Principal Building, with the exception of an allowable uniform and continuous roof supported by customary supports or joists, and no other connection or attachment between the structures exists; 4. Timing: a. No Accessory Building shall be constructed upon a lot until the construction of the Principal Building has actually commenced; and, b. No Accessory Building shall be used unless the Principal Building on the Lot is also being occupied for the intended purposes. c. However, nothing shall prevent the use of a Temporary Construction Facility for the storage of tools, material and equipment by a contractor during building construction; B. Height and Area Requirements. 1. Maximum Height. Twenty-five (25) feet. 2. Minimum Lot Area. Per underlying zoning district. 3. Minimum Lot Standards. a. Minimum Front Yard Setback. i. When detached from the Principal Building, Accessory Buildings shall be set back a minimum of the greater of the following: (a) twenty-five (25) feet behind the Front Line of Building; twenty-five (25) feet behind the Building Setback Line. (b) b. Minimum Side and Rear Yards. i. When more than ten (10) feet from a Principal Building, Accessory Buildings shall be set back a minimum of the greater of the following: (a) Five (5) feet, or (b) Easement plus three (3) feet, but not within any Easement or required landscaped or greenbelt area. ii. When closer than ten (10) feet to a Principal Building, Accessory Buildings shall be considered as part of the Principal Building and shall be provided with the Side and Rear Yards required for the Principal Building. 7. Maximum Lot Coverage. a. The combined square footage of the Principal Buildings, Garages and Accessory Buildings shall not exceed the Maximum Lot Coverage allowed in the given district. b. Accessory Buildings and Uses located in a Side or Rear Yard may not occupy more than thirty percent (30 %) of the Side or Rear Yard. Maximum Gross Floor Area. Reserved. Chapter 25: Additional Use Regulations 25 -5 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 v 1 CARMEL 0000427 CITY OF CARMEL ZONING ORDINANCE 9. Lighting. Lighting shall not cause Illumination beyond any residential Lot Line or road right -of -way line in excess of 0.1 Footcandle of light. Lighting shall not cause Illumination beyond any non - residential Lot Line or road right -of -way line in excess of 0.3 Footcandle of light. C. Accessory Uses. 1. Exceptions. Accessory Uses are permitted in the required Front Yard in all Business, Industrial, and Manufacturing districts. 2. Business, Industrial, and Manufacturing Districts. a. Trash receptacles. Trash receptacles must be enclosed on all four (4) sides and be screened with landscaping to a minimum height of dumpster and/or compactor plus two (2) feet. 3. Garage. Where a Garage is entered from an Alley, it must be set back a minimum of three (3) feet from the alley easement or right -of -way line. 25.02 Fences.2 25.02.01 On residentially used or zoned lots of less than two acres, fences located within any required front yard shall not exceed forty-two (42) inches in height, as measured from the topmost point thereof to the ground adjacent to the fence. At least twenty-five percent (25 %) of its area shall be open as viewed on any line perpendicular to the vertical plane of the fence. Such open spaces must be reasonably dispersed throughout the entire area of the fence, except where solid stone or brick walls are permitted. No primarily wooden fences shall be constructed within any required front yard adjacent to any arterial, parkway or collector roadway (see also Subdivision Control Ordinance Section, 6.03.27), 25.02.02Residential fences located within any required side or rear yard shall not exceed six (6) feet in height, as measured from the topmost point thereof to the ground adjacent to the fence. 25.02.03 Residential fences not located within any required yard but within the buildable area shall not exceed nine (9) feet in height, as measured from the topmost point thereof to the ground adjacent to the fence. 25.02.04Any fence placed upon an erected earth berm or masonry wall must govern its height as measured to the ground adjacent to said earth berm or wall. 25.02.05 Open wire mesh fences surrounding tennis courts may be erected to a height of sixteen (16) feet, if such fences shall only enclose a regulation court area and standard apron areas. 25.02.06Fences enclosing an institution, a public park, schools, and commercial or industrial property may consist of an open mesh fence not to exceed a height of ten (10) feet. 25.02.07No sign, fence, wall, shrub or other obstruction to vision shall exist in the area designated as the vision clearance area of corner lots. 25.02.08No fence shall be constructed within the approved subdivision retention/detention drainage facility easement. 25.02.09No fence shall be constructed within the twenty-foot (20') mandatory planting strip associated with frontage places and hammerheads. 2 Section 25.02 amended per Ordinance No. Z -318; Z- 365 -01; Z- 486 -06 §k. Chapter 25: Additional Use Regulations 25 -6 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl • CARMEL 0000428 CITY OF CARMEL ZONING ORDINANCE 25.02.10 Swimming Pools. In districts where a private swimming pool is permitted as an Accessory Use, the fencing for such pool must comply with both this Section 25.02 and the standards applicable in the district. Whenever the Board grants Special Use approval to a private recreational development or facility that includes a swimming pool, the Board shall require appropriate fencing and shall also require the applicant to make a Commitment that necessary lifeguard protection will be provided at all times when the pool is open for use. 25.03 Mobile Home Courts. 25.03.01 Each lot provided for the occupancy of a single mobile home unit shall have an area of not less than five thousand (5,000) square feet and a width of not less than fifty (50) feet, and each mobile home court shall provide a total gross court area of not less than five (5) acres. The maximum gross density of the court shall be ten (10) units per gross acre. 25.03.02Each mobile home site shall abut or face a clear unoccupied space, driveway, public or private roadway, or street of not less than twenty (20) feet in width, which shall have unobstructed access to a public highway or street. 25.03.03 Space between mobile homes may be used for the parking of motor vehicles if the space is clearly designated. Each mobile home unit shall have two (2) parking spaces. 25.03.04 The mobile home court shall be surrounded by a fifty -foot (50') wide landscaped strip. 25.03.05A planting screen six (6) feet high is required where a mobile home court abuts a residential district. 25.03.06 The mobile home court shall provide a water distribution system and a sanitary collection system with connection to a public sanitary system. 25.03.07Adequate storm water drainage by surface and subsurface means shall be provided. 25.04 Recreational Vehicles.' 25.04.01 Recreational vehicles may not be stored any closer to a lot line than three (3) times the maximum height of the recreational vehicle, except when completely enclosed. Non - motorized recreational vehicles may not be stored on a public right -of -way at any time. Motorized recreational vehicles may be stored on a public right -of -way for a period not to exceed ten (10) days per month. 25.04.02 At no time shall parked or stored vehicles be occupied or used for habitation as defined herein. 25.04.03 The owner of a recreational vehicle shall not park or store such vehicle in such a manner as to create a dangerous or unsafe condition on the property where parked or stored. Parking or storage of the recreational vehicle while not locked or chocked, whether loaded or not, shall be considered a dangerous and unsafe condition. 25.04.04No recreational vehicle shall be connected to gas, electric, water or sanitary sewer service for purposes of habitation, except as cited herein. 25.04.05Non- resident recreational vehicles may be parked in a front yard or driveway, not on the public right -of -way and used for habitation, including temporary connection to any appropriate utilities, for a period not to exceed ten (10) days per month. 3 See Chapter 22: Flood Hazard Districts for additional regulations regarding Recreational Vehicles. Chapter 25: Additional Use Regulations 25 -7 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl CARMEL 0000429 CITY OF CARMEL ZONING ORDINANCE 25.05 Weeds and Solid Wastes. 25.05.01 All developed or improved property in the Business, Industrial and Manufacturing Districts, and all developed or improved residential lots, shall be maintained so as to be free of weeds and other unsightly growth of plant materials. 25.05.02 Trash, garbage and all solid wastes shall not be stored outside of any building for a period of longer than seven (7) days, except when construction is in progress. 25.06 Grading. Grading, filling, excavating or any change in the grade of any property is permitted, but shall not be detrimental to surrounding properties in appearance or in the diversion of storm water. 25.07 Signs. Signs shall be in accordance with the Carmel -Clay Township Sign Ordinance.4 25.08 Construction Facilities, Temporary.5 Temporary Construction Facilities, which shall include temporary construction offices, temporary storage units, and temporary sales facilities shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses. 25.08.01 Temporary Construction Facilities require a temporary use permit however shall not be assessed the temporary use permit fee. 25.08.02 The duration of the temporary construction facility shall be fixed by the Director for a term not to exceed eighteen (18) months. However, upon request and upon a site inspection, the Director may extend such a permit for a length of time deemed appropriate not to exceed eighteen (18) months per extension. 25.08.03 Temporary Construction Facilities shall be removed and permits shall expire within thirty (30) days of the issuance of a Certificate of Occupancy for the related construction project. 25.08.04 Temporary Construction Facilities utilized as a temporary sales facility shall be fixed by the Director for a term not to exceed four (4) months or upon the issuance of a Certificate of Occupancy for a model home, whichever is less. 25.08.05Temporary Construction Facilities applications intended to be utilized as a temporary sales facility must be submitted concurrently with a model home or temporary sales center application as regulated under Section 25.16: Model Homes. 25.08.06 Signs for Temporary Construction Facilities shall be prohibited except for facilities being utilized as a temporary sales facility which shall be subject to the model home sign regulations as provided by Section 25.07.03 -07: Model Home & Temporary Sales Office Identification Signs of this Ordinance. 25.08.07 The Director shall ensure prior to issuing a Temporary Construction Facility permit, that: A. If the temporary facility serves multiple properties, that the lot of which the facility is located is not visually prominent from a primary project entryway; 4 Ordinance No. Z -302, as amended. 5 Section 25.08 amended per Ordinance No. Z- 461 -04, §b. Chapter 25: Additional Use Regulations 25 -8 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 v1 • • CARMEL 0000430 CITY OF CARMEL ZONING ORDINANCE B. Adequate access and off - street parking will be provided; C. The placement of the temporary facility on the site shall not obstruct any Vision Clearance; D. The applicant has supplied the mobile unit certification number issued from State Fire Prevention & Building Safety, Division of Code Enforcement; and E. The applicant has supplied a copy of the mobile unit structure plans. 25.09 Drainage. Any obstruction of the natural flow of drainage in the jurisdictional area of this Ordinance is prohibited. 25.10 Required Community Facilities. When community facilities (water, sanitary sewer, and storm sewer) are required in a particular zone district and one or all of the public systems are unable to support an additional load, the Plan Commission may grant approval for use of an altemative method of providing the service or services with the provision that public facilities will be utilized when they become available. 25.11 Principal Dwelling Structure - Minimum Width. All single family or duplex dwelling units shall be required to be constructed with a width of no less than twenty -three (23) feet. 25.12 Satellite Receiving Antennas.' (Maximum Height 15 Feet) 25.12.01 Development Standards: 1. Satellite receiving antennas shall be permitted within all zoning districts of the City of Carmel and Clay Township subject to all applicable Federal, State, local and manufactures codes and guidelines with the following regulations as well as any and all review and approval procedures within the Carmel/Clay Zoning Ordinance. 2. All ground- mounted satellite receiving antennas shall be located only within the rear yard of any residential and commercial principal structure as defined by the Carmel/Clay Zoning Ordinance. 3. Satellite receiving antennas shall not be allowed on the roof of any principal or accessory structure. 4. Only one (1) satellite receiving antenna shall be located on any one lot. 5. A satellite receiving antenna and support structure shall be limited to a maximum height of fifteen (15) feet. 6. A satellite receiving antenna having printed matter on its surface shall be treated as a sign relative of the Carmel -Clay Township Sign Ordinance. 7. An Improvement Location Permit shall be required prior to the erection of a satellite receiving antenna greater than twenty -four (24) inches in diameter. 6 Section 25.12 amended per Ordinance No. Z -320; Z- 365 -01; Z- 369 -02, §ay. Chapter 25: Additional Use Regulations 25 -9 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl CARMEL 0000431 CITY OF CARMEL ZONING ORDINANCE 8. All cables, wires and connectors from a satellite receiving antenna to other equipment shall be buried underground. 9. A satellite receiving antenna shall not be located within five (5) feet of any property line, easement or public right -of -way. 10. All satellite receiving antennas shall be obscured from the view of adjacent property owners of public rights -of -way by: buildings, screen wall, fence, berm, evergreen planting or any combination thereof. Such screening devices shall be at least eighty percent (80 %) obscuring when viewed from adjacent property or public road right -of- way, as approved by the Department, Plan Commission and/or Board of Zoning Appeals when applicable. 11. All satellite receiving antennas shall be neutral or black in color and, to the extent possible, shall be compatible with the appearance and character of the neighborhood. 25.12.02 Application for Permit Requirements: 1. A Plot Plan showing the proposed location of the satellite receiving antenna. 2. A Site Plan, showing not only the building locations of the land parcel, but also building locations of properties on all sides of the subject land parcel. 3. A statement that the installation complies with all applicable building and electrical codes. 4. Once installed, the satellite receiving antenna shall be inspected by the Department for compliance with all applicable requirements. 25.13 Towers.' 25.13.01 Development Standards: 1. Zoning. A. Business Industrial and Manufacturing Districts. Towers shall be permitted as Special Uses only in the Business, Industrial, and Manufacturing Districts, and as such are subject to the approval of the Board of Zoning Appeals under Chapter 21: Special Uses & Special Exceptions of the Zoning Ordinance. i. Business Districts. A Tower must meet all setback requirements of the district in which it is erected. No Tower may be erected between a Principal Building and a Street. ii. Industrial and Manufacturing Districts. A Tower may encroach into the required Rear Yard so long as the Rear Lot Line does not abut a Residential District. No Tower may be erected between a Principal Building and a Street, except in the required Side Yard in Manufacturing or Industrial Districts. ' Section 25.13 amended per Ordinance No. Z -320; Z- 369 -02, §az. Chapter 25: Additional Use Regulations 25 -10 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl • • • CARMEL 0000432 CITY OF CARMEL ZONING ORDINANCE B. Residential Districts. Towers shall be permitted in the Residential Districts only as Special Exceptions, and as such are subject to the approval of the Board of Zoning Appeals under Chapter 21: Special Uses & Special Exceptions of the Zoning Ordinance. If a Tower is permitted as a Special Exception in a Residential District, the tower must be built: i. not less than one hundred (100) feet, plus one (1) additional foot for every for every foot of the Tower's height, from the property line of any parcel zoned and/or used for residential purposes, and ii. not less than one -half ('/2) mile from any other existing or approved Tower on which collocation is possible. iii. No Tower may be erected between a Principal Building and a Street. C. Overlay Zones. If a Tower is located in an Overlay Zone, it shall also be subject to Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) approval in accordance with the Development Standards established for that Overlay Zone. 2. Lighting. A tower may not be illuminated by artificial means or display strobe lights unless such lighting is specifically required by federal or state law for that tower. However, when incorporated into the approved design of a tower, light fixtures that are used to illuminate athletic fields, parking lots, stadiums, or other such facilities may be attached to the tower. 3. Landscaping. A fifteen -foot (15') landscaped and maintained area, composed of trees not less than two and one half (21/2) inches (caliper) in size (measured at forty (40) inches and spaced fifty (50) feet on center), and including a solid visual buffer or screen of at least five (5) feet in height, shall be provided on all sides of a tower, unless otherwise determined by the Commission (pursuant to ADLS review) or unless otherwise required by the Board for Special Use or Special Exception. 4. Signage. No sign (other than a warning or equipment information sign needed for health and safety purposes) may be affixed to a tower. 5. Interference. Any telecommunications services provided or transmitted via a tower must comply with all federal and state laws regulating interference levels and emissions. 6. Collocation. In the case of an application for a Special Use or Special Exception seeking approval for the erection of a new tower, the Board shall, before approving such Special Use or Special Exception, require the applicant to make a written commitment that: a. if technologically feasible, the tower will be designed and erected in such manner that it can reasonably accommodate the equipment of up to four (4) wireless telecommunications service providers (however, if a public agency wants to locate its equipment on the tower, the agency may be counted as one of those service providers); b. the owner of the tower will offer to any wireless telecommunications service provider that seeks to collocate its equipment on the tower commercially reasonable lease or license terms, so as to accomplish the purpose of minimizing the number of such towers that must be erected in the Carmel/Clay community, and agree to submit any disputes regarding the commercial reasonableness of such terms to binding arbitration; and c. the owner of the tower will notify the Director within thirty (30) days after any oral or written communication from a wireless telecommunications service Chapter 25: Additional Use Regulations 25 -11 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl CARMEL 0000433 CITY OF CARMEL ZONING ORDINANCE provider inquiring about collocation on the tower, providing the Director with the name and address of the provider making the inquiry. 7. Enforcement. A commitment made under subparagraph (6) above shall be recorded pursuant to state statute and may be enforced by the Board, by the Director, or by any wireless telecommunications service provider that desires to collocate its equipment on the tower subject to the commitment. If, after thirty (30) days notice from the Board, a person subject to a binding commitment refuses to honor or abide by such commitment, the Special Use or Special Exception approval shall be revoked by the Board. 25.13.02 Submittal Requirements: 1. Plot Plan. An application for a permit to erect a tower must include a Plot Plan showing the proposed location of the tower. 2. Site Plan. An application for a permit to erect a tower must include a Site Plan that shows not only the locations of all structures on the subject parcel but also the locations of all structures on adjacent parcels. 3. Code Compliance. An application for a permit to erect a tower must include a report from a qualified professional engineer that: a. describes the tower height and design including a cross section and elevation; b. documents the height above grade for all potential mounting positions for collocation of equipment and the minimum recommended separation distances between wireless telecommunications service antennas; c. describes the tower's capacity, including the number and types of antennas that it can accommodate; d. documents that the applicant will operate the tower and any attached antennas in compliance with applicable federal and state law; e. documents that the applicant has, before filing the application, investigated the possibility of collocation with the owners of all other towers in the vicinity; and f. includes any other information that may be reasonably requested by the Director as necessary to evaluate the application. 4. Inspection. Before a tower is placed in service, the owner must submit to the Director a report from a qualified professional engineer that demonstrates that the tower complies with all structural and electrical standards. 25.13.03 Abandonment of Tower. If a tower is abandoned or remains unused for a period of six (6) months, the owner shall remove the tower and all associated facilities from the site. Such removal shall be completed within twelve (12) months of the cessation of operations at the site. In the event that a tower is not removed within the required twelve (12) month period, the Director may remove the tower and the associated facilities, and the costs of such removal shall be assessed against the owner of the parcel. 25.13.04 Nonconforming Use. Any tower or radio or television transmission antenna in existence or operation as of the effective date of this amendatory ordinance8 may continue to exist and operate as a nonconforming use. Such a tower or antenna may be repaired, reconstructed, replaced or maintained without a Use Variance or Special Use or Special Exception approval so long as the use is not substantially 8 Ordinance No. Z -320 effective July 11, 1997. Chapter 25: Additional Use Regulations 25 -12 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl • • CARMEL 0000434 CITY OF CARMEL ZONING ORDINANCE altered and the height of the antenna or tower is not increased. This paragraph authorizes the owner of a tower or antenna to construct a new tower or antenna on the same premises at a height not to exceed the existing tower or antenna if the use of the premises is not substantially altered and the existing tower or antenna is removed immediately upon completion of the new tower or antenna. 25.13.05 Transitional Provisions. This paragraph applies to any application for a Variance to erect a tower which is pending before the Board on the effective date of this amendatory ordinance.9 The applicant may request that the Board treat such a Variance application as if it were a Special Use or Special Exception application filed pursuant to the above provisions of this Section 25.13. If the Board grants such a request, the application shall then be approved or rejected by the Board in accordance with Section 21.04.01 (Special Uses) or Section 21.04.02 (Special Exceptions), as added by this amendatory ordinance. This paragraph expires December 31, 1997. 25.14 Premises Identification.10 Premises Identification required. A. Purpose. It is hereby declared to be the purpose of this Chapter to require Premises Identification for buildings within the City of Carmel and those areas within unincorporated Clay Township, and set enforcement provisions for failure to display said identification. B. Definitions. Terms used in this Ordinance are defined in Chapter 3: Definitions. C. 1. The assigned premises identification of a building shall be displayed in such a manner so that the numerals can readily be seen from the street pursuant to the provisions of Zoning Ordinance No. Z -302 commonly known as the Carmel/Clay Sign Ordinance. Identification shall be displayed on the building, on or near the main entrance door, or displayed on a mailbox near the street in such a manner as they identify corresponding building. 2. Any dwelling or commercial building that abuts an alley or secondary access that could be used by motor vehicles must not only display the premises identification on the front, but shall also display its premises identification visible from the alternate access to the property. 3. When the numerals representing premises identification are removed or become illegible, such numerals shall be renewed or replaced by the owner or occupant of the building. 4. The provisions of this article requiring premises identification shall apply to all existing residential and commercial structures within Carmel/Clay. D. Enforcement. 1. It shall be the duty of the owner of any building in Carmel/Clay to comply with all provisions of this Article relating to the placing and maintaining of premises identification numerals. 2. Any person, being the owner of any building in Carmel/Clay, who neglects or refuses to place or maintain the proper numerals for any building owned, managed or occupied by 9 Ordinance No. Z -320 effective July 11, 1997. 10 Section 25.14 adopted per Ordinance No. Z -307. Amended per Ordinance No. Z- 365 -01,; Z- 416 -03, §d -e. Chapter 25: Additional Use Regulations 25 -13 as amended per Z-307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl CARMEL 0000435 CITY OF CARMEL ZONING ORDINANCE such person in conformity with the provisions of this Article, shall be in violation of this Article. 3. The provisions of this Zoning Ordinance requiring premises identification may be enforced by the Administrator, or the Fire Chief of Carmel/Clay, or by the Director of the Department of Communications. E. Schedule of Code Provisions and Penalties. 1. Any person who violates the provisions of this Code is subject to a written warning for first violation, explaining how to correct the violation and explaining subsequent violation penalties. 2. Any person who is judged to have violated the provisions of this Code after thirty (30) days of a written warning is subject to a fine of up to one hundred dollars ($100.00). 3. All provision and respective civil penalties are designed for enforcement through the Carmel City Court, City of Carmel, Indiana. F. Savings Clause. Should any provision of this Section be determined by any Court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect, the same as if the unenforceable provision were deleted from the Section. 25.15 Sexually Oriented Businesses. 25.15.01 Development Standards: (1) Zoning. A Sexually Oriented Business (SOB) shall be permitted only in the M- 1/Manufacturing District and only as a Special Use, and as such is subject to the approval of the Board under Chapter 21: Special Uses & Special Exceptions of the Zoning Ordinance. (2) Commitments by Owner. In the case of an SOB application which seeks approval for the erection of a new building, the Board shall, before approving such Special Use, require the applicant to make written Commitments that: (a) the building will be designed and erected in such manner that it can reasonably accommodate up to three (3) additional SOBs within the same building; the owner of the building will offer commercially reasonable lease terms to any other SOB owner that seeks to collocate its business in the building, so as to accomplish the purpose of minimizing the number of such buildings that must be erected in the Carmel/Clay community, and will agree to submit any disputes regarding the commercial reasonableness of such terms to binding arbitration; (c) the owner of the building will notify the Director within thirty (30) days after any oral or written communication from another SOB owner inquiring about collocation within the building, providing the Director with the name and address of the owner making the inquiry; and (d) the owner of the building will notify the Director within thirty (30) days after any SOB located in the building goes out of business or is abandoned, and will agree to remove from the building all supplies and equipment that were used by such SOB, and to remove from the site all associated facilities. The Commitment must require that such removal be completed within sixty (60) days of the cessation of SOB operations at the site, and must authorize the Director, in the event that supplies, equipment, and facilities are not removed (b) Chapter 25: Additional Use Regulations 25 -14 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl • • • CARMEL 0000436 CITY OF CARMEL ZONING ORDINANCE (3) within the required sixty-day period, to enter upon the premises and remove the supplies, equipment, and facilities, with the costs of such removal to be assessed against the owner of the parcel. Enforcement. A Commitment made under Subparagraph (2) above shall be recorded pursuant to state statute and may be enforced by the Board, by the Director, or by any SOB owner that desires to collocate its business in the building subject to the Commitment. If, after thirty (30) days notice from the Board, a person subject to a binding Commitment refuses to honor or abide by such Commitment, the Special Use approval shall be revoked by the Board. 25.15.02 Submittal Requirements: (1) Plot Plan. In addition to the submittal requirements for any other Special Use, an application for approval of any SOB must include an Area Plan that shows not only the locations of all structures on the subject parcel, but also the locations of all structures on adjacent parcels. (2) Code Compliance. The application must: (a) document that the applicant will operate the SOB in compliance with all applicable federal and state laws; document that the applicant has, before filing the application, investigated the possibility of collocation with all other SOB owners in the Carmel/Clay community and in adjacent zoning jurisdictions; and (c) include any other information that may be reasonably requested by the Director as necessary to evaluate the application. 25.15.03 Nonconforming Use. Any SOB in existence or operation in the Carmel/Clay jurisdiction as of the effective date of this amendatory ordinance" may constitute either a legal or an illegal Nonconforming Use under this Zoning Ordinance. If it is deemed to be a legal Nonconforming Use, such SOB is subject to Chapter 28: Nonconforming Uses & Exemptions of this Zoning Ordinance. If it is deemed to be an illegal Nonconforming Use, it is subject to the penalties provided in Chapter 34: Zoning Violations of this Zoning Ordinance. 25.15.04 Transitional Provisions. This paragraph applies to any application for a Variance to authorize an SOB which may be pending before the Board on the effective date of this amendatory ordinance.12 The applicant may request that the Board treat such a Variance application as if it were a Special Use application filed pursuant to the above provisions of this Section 25.15. If the Board grants such a request, the application shall then be approved or rejected by the Board in accordance with Section 21.04.01. This paragraph expires December 31, 2001. (b) 25.16 Model Homes.13 25.16.01 Model Homes, which may include Temporary Sales Offices, may be permitted in all residential districts but only as a Temporary Use, subject to approval by the Director based on a finding that the Temporary Use will not detrimentally affect the health, welfare, safety, or morals of the neighborhood under construction for such Temporary Use. 25.16.02 The duration of a Model Home permit shall be fixed by the Director, for a term not to exceed eighteen (18) months. However, upon request, the Director may extend such a permit for 11 Ordinance No. Z- 365 -01 effective November 27, 2001. 12 Ordinance No. Z- 365 -01 effective Tuesday, November 27, 2001. 13 Section 25.16 adopted per Ordinance No. Z- 365 -01. Amended per Ordinance No. Z- 366 -01. Chapter 25: Additional Use Regulations 25 -15 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl CARMEL 0000437 CITY OF CARMEL ZONING ORDINANCE increments of six (6) months, so long as the Temporary Use in the aggregate does not continue for more than thirty-six (36) months. 25.16.03 The Director shall ensure, before issuing a Model Home permit, that: A. adequate access and off - street parking facilities will be provided, B. that public address systems will not be used, C. that flood lights and other lighting on the subject premises will be directed only upon those premises, and D. that a Certificate of Occupancy will be issued before the Temporary Use commences. 25.16.04A Temporary Use authorized under Section 25.16 is also subject to all other regulations of the applicable district. 25.17 Private Recreational Development or Facility.14 25.17.01 Commercial Swimming Pool. A. Minimum Area: Two thousand (2000) square feet. 25.18 Home Occupation.15 25.18.01 Standards Generally. A. Floor Area: Home Occupations shall utilize no more than fifteen percent (15 %) of the gross floor area of the dwelling. B. Character: 1. The Home Occupation shall not change the character of the Dwelling, Lot or parcel; 2. The Dwelling shall not bear any indication from the exterior that it is being utilized in whole or in part for any purpose other than a Dwelling; 3. The Home Occupation shall not be permitted outside storage or display of materials in connection with the Home Occupation; 4. The Home Occupation shall not be permitted signs other than those normally permitted in the district in which the Home Occupation is located. C. Nuisance: The Home Occupation shall be conducted wholly within the Dwelling, such that there is no outside noise, vibration, odor, smoke, dust, glare or electrical disturbance. D. Employees. The Home Occupation shall employ no more than one (1) individual outside of the immediate family. E. Deliveries. The delivery of any materials for the Home Occupation will not exceed two (2) trips per day by any vehicle not owned by a family member. F. Equipment. The Home Occupation shall utilize only mechanical equipment that is customarily used for domestic purposes and is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office. 14 Section 25.17 adopted per Ordinance No. Z- 366 -01. 15 Section 25.18 adopted per Ordinance No. Z- 369 -02, §ba. Chapter 25: Additional Use Regulations 25 -16 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl • CARMEL 0000438 CITY OF CARMEL ZONING ORDINANCE 25.18.02 Excluded Uses: A. antique or gift shop; B. serving of food or beverages; C. animal hospital or commercial kennel; D. automobile repair; E. major appliance repair or services; and F. any processing or manufacturing that produces noxious materials or products. 25.19 Automobile Filling and Automobile Service Stations.16 A. Generally. 1. Setback. a. Principal Building. Per primary zoning district. b. Pumps and Pump Islands. Minimum thirty (30) feet from residentially zoned or used property. May not be located within required yards. c. Accessory Buildings and Uses. See Section 25.01. 2. Lighting. a. Light standards may be located within the required Front Yard. b. Light standards shall be located a minimum of thirty (30) feet from residentially zoned or used property. c. Intensity. Lighting shall not cause illumination beyond any residential Lot Line or road right -of -way line in excess of 0.1 Footcandle of light. Lighting shall not cause illumination beyond any non - residential tract or parcel line or road right - of -way line in excess of 0.3 Footcandle of light. B. Automobile Filling Station. C. Automobile Service Station. 25.20 Outdoor Storage.'? Outdoor Storage shall be permitted only as an Accessory Use to the Primary Use on the same lot or tract of land. 25.20.01 Outdoor Storage shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses. 25.20.02Outdoor Storage areas shall not encroach into any minimum required setback yard or into any drainage easement. 25.20.03 All Outdoor Storage shall provide a solid, opaque wall or fence of not less than six (6) feet in height measured at the highest finished grade to screen the view from any adjacent residentially zoned property or public right -of -way. 25.20.04A chain link fence or a variation of a chain link fence combination shall not constitute an 16 Section 25.19 adopted per Ordinance No. Z- 369 -02, §bb. 17 Section 25.20 adopted per Ordinance No. Z- 461 -04, §c. Chapter 25: Additional Use Regulations 25 -17 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl CARMEL 0000439 CITY OF CARMEL ZONING ORDINANCE acceptable screening device to satisfy the requirements of subsection 25.20.03. 25.20.05Materials stored behind any screening wall or fence shall be stacked no higher than one (1) foot below the top of the fence or wall. Vehicles, trailers, mobile machinery or equipment shall be permitted to exceed the height of such screening wall or fence, provided, however, that no vehicle, trailer, mobile machinery or equipment shall be used for, nor constitute, permanent storage. 25.21 Outdoor Display.18 As an Accessory Use to the Primary Use on the same lot or tract of land, a person conducting an established business in a building shall be permitted to display goods or merchandise and shall conform with all of the following requirements 25.21.01 Outdoor displays shall not exceed twelve (12) consecutive hours and shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses. 25.21.02Areas designated for an Outdoor Display shall not exceed ten (10) percent of the total floor area of the structure occupied by the primary use to which such outdoor display is accessory, or 1,000 square feet, whichever is less. 25.21.03 Outdoor Displays shall not be located within nor encroach upon: A. Any public right -of -way; B. Any minimum required setback yard, unless otherwise approved by the Commission; C. Any drainage easement; D. A fire lane; E. A maneuvering aisle; F. A parking area. 25.21.05 Where located adjacent to a building and a parking lot, an unoccupied area of not less than five (5) feet in width shall be provided for pedestrian access between any Outdoor Display and vehicle overhang areas of any adjacent parking lot. 25.21.06 Signs associated with Outdoor Displays shall be prohibited. 25.21.07 Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the ADLS application of any proposed Outdoor Display. The application shall include the types of merchandise and/or finished products, location, landscaping and other improvement of the display area. Once approved by the Commission, the ADLS shall not be materially or substantially changed or altered without the prior approval of the Commission. Plan Commission approval is required prior to the issuance of an Improvement Location Permit. 25.22 Sales, Outdoor, Temporary Use.19 As an Accessory Use to the Primary Use on the same lot or tract of land, a person conducting an established business in a building shall be permitted to temporarily display goods or merchandise and shall conform with all of the following requirements: 25.22.01 Outdoor Sales shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses, 18 Section 25.21 adopted per Ordinance No. Z- 461 -04, §d. 19 Section 25.22 adopted per Ordinance No. Z- 461 -04, §e. Chapter 25: Additional Use Regulations 25 -18 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl • • CARMEL 0000440 CITY OF CARMEL ZONING ORDINANCE such uses shall be allowed only as a Temporary Use, requiring a Temporary Use Permit. 25.22.02 Areas designated for Outdoor Sales shall not exceed five- percent (5 %) of the area of the lot. 25.22.03 Areas designated for Outdoor Sales shall not be located within nor encroach upon: A. Any minimum required setback yard; B. Any drainage easement; C. A fire lane; D. A maneuvering aisle, E. A parking space or spaces necessary to meet the minimum parking requirements of the other use(s) of the lot or parcel. 25.22.04Outdoor Sales may be located within parking areas, provided it: A. Does not interfere with pedestrian or vehicular access or parking. B. Does not create a visibility obstruction to moving vehicles within a parking lot. 25.22.05 Goods or merchandise displayed in conjunction with an Outdoor Sale shall not exceed six (6) feet in height. 25.22.06Only three (3) Outdoor Sales, Temporary Use permits shall be issued per property per year. Outdoor Sales, Temporary Use Permits shall be issued for a term of five (5) consecutive days per permit. 25.22.07Signs for Outdoor Sales shall be prohibited except as provided by Section 25.07.03 -06: Signage for Temporary Uses of this Ordinance. 25.22.08Findings. The Director of Community Services may approve an application for Outdoor Sales, Temporary Use as specified in this section only upon making the following findings: A. The proposed use will not adversely affect adjacent structures and uses nor the surrounding neighborhood; B. The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area; C. The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas; D. The proposed use will not otherwise constitute a nuisance or be detrimental to the public welfare of the community. 25.23 Special Event, Outdoor, Temporary Use 20 25.23.01 Special Outdoor Events shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses, such uses shall be allowed only as a Temporary Use, requiring a Temporary Use Permit. 25.23.02 Areas designated for Special Outdoor Events shall not be located within nor encroach upon: A. Any minimum required setback yard; B. Any drainage easement; C. A fire lane; 20 Section 25.23 adopted per Ordinance No. Z- 461 -04, §f. Chapter 25: Additional Use Regulations 25 -19 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vi CARMEL 0000441 CITY OF CARMEL ZONING ORDINANCE D. A maneuvering aisle. 25.23.03 Special Outdoor Events may be located within parking areas, provided: A. It does not interfere with pedestrian or vehicular access or parking. B. It does not create a visibility obstruction to moving vehicles within a parking lot. C. The site has adequate on and off - street parking for patrons of the Special Event as determined by the Director. 25.23.04Duration of Special Events shall not exceed five (5) days per event. The Director may provide for a five (5) day extension. 25.23.05 Signs for Special Outdoor Events shall be prohibited except as provided by Section 25.07.03 -06: Signage for Temporary Uses and Section 25.07.04 -01: Street Banners for Civic Events of this Ordinance. 25.24 Sales,-Seasonal Outdoor, Temporary Use 21 25.24.01 Seasonal Outdoor Sales shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses, such uses shall be allowed only as a Temporary Use, requiring a Temporary Use Permit. Local non - profit organizations shall be exempt from all fees associated with this type of Temporary Use permit. 25.24.02Areas designated for Seasonal Outdoor Sales shall not be located within nor encroach upon: A. Any minimum required setback yard; B. Any drainage easement; C. A fire lane; D. A maneuvering aisle, E. A parking space or spaces necessary to meet the minimum parking requirements of the other use(s) of the lot or parcel. 25.24.03 Seasonal Sales may be located within parking areas, provided it: A. Does not interfere with pedestrian or vehicular access or parking. B. Does not create a visibility obstruction to moving vehicles within a parking lot. 25.24.04 Goods or merchandise displayed in conjunction with a Seasonal Outdoor Sale shall not exceed nine (9) feet in height. 25.24.05 Only one (1) Seasonal Outdoor Sales, Temporary Use permit shall be issued per property per year. Seasonal Outdoor Sales, Temporary Use Permits shall be issued for a term of thirty (30) consecutive days per permit unless otherwise approved by the Plan Commission. 25.24.06Signs for Seasonal Outdoor Sales shall be prohibited except as provided by Section 25.07.03-06: Signage for Temporary Uses of this Ordinance. 25.24.07Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the compatibility of the proposed temporary use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed Seasonal Outdoor Sale. 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. Plan Commission approval is required 21 Section 25.24 adopted per Ordinance No. Z- 461 -04, §g. Chapter 25: Additional Use Regulations 25 -20 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 v 1 • CARMEL 0000442 CITY OF CARMEL ZONING ORDINANCE prior to the issuance of Temporary Use Permit. An applicant may continue to use an ADLS Approval to obtain subsequent Temporary Use Permits provided that the proposed Temporary Use is consistent with such ADLS Approval, including time limits. 25.25 Sale of Fireworks, Temporary Use 22 25.25.01 The temporary sale of legal fireworks shall only be permitted in the zoning districts permitting General Retail Sales, as per Appendix A: Schedule of Uses; such uses shall only be permitted as a Temporary Use, requiring a Temporary Use Permit. 25.25.02Legal fireworks shall only be sold from permanent structures meeting the conditions of the 2003 Indiana Building Code (sec 307.5) and 2003 Indiana Fire Code (sec 202). 25.25.03 Only one (1) Sale of Fireworks, Temporary Use Permit shall be issued per property per year. Sale of Fireworks, Temporary Use Permits shall be issued for a term not to exceed thirty (30) consecutive days. 25.25.04 Signs for Sale of Fireworks shall be prohibited except as provided by Section 25.07.03-06: Signage for Temporary Uses of this Ordinance. 25.25.05 Sale of Fireworks, Temporary Use Permits applications shall include: A. Three (3) copies of permit from Indiana State Fire Marshall; B. Three (3) copies of Proof of Insurance; C. Three (3) site plans illustrating the following: i. Location of all structures; ii. Public right -of -ways and easements; iii. Parking spaces, parking lot circulation; iv. Location of proposed temporary signage. D. Three (3) structure plans illustrating the following: i. Location of the fireworks; ii. Location of sprinklers and exits. 22 Section 25.24 adopted per Ordinance No. Z- 461 -04, §h. Chapter 25: Additional Use Regulations 25 -21 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl CARMEL 0000443 CITY OF CARMEL ZONING ORDINANCE CHAPTER 25: ADDITIONAL USE REGULATIONS AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z -307 December 18, 1996 December 18, 1996 Z -318 July 7, 1997 July 7, 1997 Z -320 39 -97 OA July 11, 1997 July 11, 1997 Z- 365 -01 76 -Ola OA November 5, 2001 November 27, 2001 25.02.10; 25.12.01(10); 25.12.02(4); 25.14(D)(3); 25.15; 25.16 Z- 366 -01 76 -01b OA n/a November 28, 2001 25.07; 25.16; 25.17 Spring 2002 v2 Z- 369 -02 160 -01 OA April 1, 2002 April 1, 2002 25.01; 25.12.01(7); 25.13.01; 25.18; 25.19 Spring 2002 v2 Z- 416 -03 40 -02 OA November 17, 2003 November 18, 2003 25.14 Autumn 2003 vl Z- 461 -04 04070029 OA December 20, 2004 January 20, 2005 25.08; 25.20; 25.21; 25.22; 25.23; 25.24; 25.25 Winter 2005 vl Z- 486 -06 05120002 OA February 20, 2006 March 22, 2006 25.01; 25.02 Spring 2006 vl Chapter 25: Additional Use Regulations 25 -22 as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04; Z- 486 -06 Spring 2006 vl • • CARMEL 0000444 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE SECTION 25.07: SIGN ORDINANCE 25.07.01 General Provisions. 25.07.02 Permitted Permanent Signs. 25.07.02 -01 Subdivision. 25.07.02 -02 Multi - Family Housing Complex. 25.07.02 -03 Home Occupation and Boarding House (Residential Zone). 25.07.02 -04 Home Occupation and Boarding House (Business and Manufacturing Zones). 25.07.02 -05 Institutional Uses. 25.07.02 -06 Recreational Uses. 25.07.02 -07 Special Use and Use Variance Signs. 25.07.02 -08 Single Tenant Building. 25.07.02 -09 Multi -Tenant Ground Floor Building. 25.07.02 -10 Multi -Tenant Multi -Level Building. 25.07.02 -11 Multi -Tenant Building Complex. 25.07.02 -12 Window Signs. 25.07.02 -13 Old Town Carmel. 25.07.02 -14 Old Meridian District. 25.07.03 Temporary Signs. 25.07.03 -01 Subdivision Construction Signs. 25.07.03 -02 Non - Residential and Multiple Family Housing Complex Construction Signs. 25.07.03 -03 Real Estate Signs. 25.07.03 -04 Political Campaign Signs. 25.07.03 -05 Additional Signs in Residential Zones. 25.07.03 -06 Signage for Temporary Uses. 25.07.03 -07 Model Home & Temporary Sales Office Identification Signs. 25.07.04 Permitted Banners. 25.07.04 -01 Street Banners For Civic Events. 25.07.04 -02 Grand Opening Banners. 25.07.04 -03 Interim Signage Pending Permanent Sign. 25.07.05 Fast Food Drive -Thru Service Menu Signs. 25.07.06 Legal Non - Conforming Signs. 25.07.07 Sign Permits. 25.07.08 Variance. 25.07.09 Administration and Enforcement. Sign Chart A: Non - Freeway. Sign Chart B: Freeway. Sign Chart C: Address Number Chart. Diagram 1: Sign Face Separation. Diagram 2: Through Lot Real Estate Sign Placement. Diagram 4: Old Meridian Sign Placement. Section 25.07: Signs 25.07 -1 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000446 CITY OF CARMEL ZONING ORDINANCE 25.07 Signs. 25.07.01 General Provisions.' 25.07.01 -01 Purpose and Intent. The purpose of this section is to regulate signs which can be viewed from the exterior of structures so as to protect health, safety and morals and to promote the public welfare. The intent is to recognize the need for adequate business identification to conduct business while promoting an attractive appearance throughout the community through the use of inspection, and by the application of reasonable guidelines formulated to ensure compliance by all present and future signs with the ordinance. This ordinance is designed to authorize signs which are: a) Designed, constructed, installed and maintained in such a manner that they do not endanger public safety or traffic safety; b) Compatible with the objectives of proper design and zoning amenities; c) Established in such a way as to allow and promote optimum conditions for meeting the sign user's needs while at the same time promote the amenable environment required to serve the public welfare; d) Legible, readable and visible in the circumstances in which they are used; and e) Respectful of the reasonable rights of other advertisers whose messages are displayed. 25.07.01 -02 Definitions.2 Terms used in this Ordinance are defined in Chapter 3: Definitions. 25.07.01 -03 Exempted Signs. The following types of signs are exempted from all provisions of this section, but must be established and maintained in such a manner as to not cause safety hazards. No procedures, approvals, permits or fees are required for the following signs: a) Dwelling Unit Signs b) Holiday Signs c) Integral Signs (three (3) sq. ft. or less) d) Parking Signs (three (3) sq. ft. or less) e) Private Traffic Directional Signs f) Public Event Signs g) Temporary Awning Signs h) Public Building Signs i) Public Signs ' Section 25.07.01 amended per Ordinance No. Z- 366 -01; Z- 369 -02. 2 Section 25.07.01 -02 amended per Ordinance No. Z- 416 -03, §f-g. Section 25.07: Signs 25.07 -2 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 v1 CARMEL 0000447 CITY OF CARMEL ZONING ORDINANCE j) Corporate Flags when flown in conjunction with the Flag of the United States of America; however, such Corporate flags shall be no larger than twenty-four (24) square feet. k) Soft Drink Dispensing Machines. 1) unassigned m) Benches established on business's premises they advertise - copy area one (1) sq. ft. or less. n) Address Numbers (as per chart). 25.07.01 -04 Prohibited Signs.' The following types of signs are prohibited: a) Signs which contain statements, words, or pictures of an obscene, indecent, or immoral character, such as will offend public morals or decency. b) Signs which contain or are in imitation of an official traffic sign or signal or contain the words "stop ", "slow ", "caution ", "danger ", "warning" or similar words, unless permitted in another section of this Ordinance. c) Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic or street sign or signal. d) Signs which advertise an activity, business, project or service no longer conducted on the premises upon which the sign is located. e) Signs which move by design or have a major moving part. f) Signs consisting of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices, unless they are permitted specifically by other sections of this Ordinance. g) Signs which swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment and whose movement can be construed as dangerous by the Administrator. h) Signs which are located in such a manner as to obstruct the view of the intersection of a street or highway with a railroad crossing. i) Signs which are located upon, over, or in any street or highway right -of -way, except for official highway signs. j) Portable signs which are portable or moveable, except as permitted under provisions of this section. k) Signs which are established on trees, utility poles and fences. 1) Signs which advertise goods, products, services or facilities or direct persons to a different location (or to a telephone number at a different location) from where the sign is installed. (Off - premise signs require a Developmental Standards Variance from the Board.) m) Suspended Signs and Projecting Signs, except in Old Town Carmel and the Carmel Drive — Range Line Road Overlay Zone. 3 Section 25.07.01 -04 amended per Ordinance No. Z- 366 -01; Z- 478 -05, §b; Z- 486 -06, §1. Section 25.07: Signs 25.07 -3 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000448 CITY OF CARMEL ZONING ORDINANCE n) Signs which are not included under the types of signs permitted in this Ordinance. o) Lighter than air advertising devices. p) Roof Signs on residences which have been converted to office, business and/or manufacturing uses. q) It shall be prohibited to park or use a vehicle in such a way as to function as a sign, defined to include the parking of any vehicle, trailer or similar movable structure containing or supporting any signage between the right -of -way line and any public street and the greater of two distances: forward of the Front Line of Building of the Principal Building or one hundred -fifty (150) feet from the public right -of -way, with the exception of: (i) Vehicles actively involved in construction on or serving of the site; (ii) Vehicles delivering products to the site in designated loading areas; (iii) Vehicles parked in designated truck parking areas of a development that have been screened from or are not generally visible from the public right - of -way; (iv) Vehicles parked on sites where parking is not available one hundred -fifty (150) feet or more from the public right -of -way. In such cases, vehicles supporting signage shall be located as far as possible from the public right - of -way, subject to determination by the Director. (v) Passenger vehicles, pick -up trucks, and vans of a size that can fully fit within a standard parking space, containing signs painted on or permanently affixed on the doors or integral body panels that do not exceed sixteen (16) square feet in area. 25.07.01 -05 Maintenance of Sins. All signs and sign structures shall be kept and maintained in good repair in a safe condition. Section 25.07: Signs 25.07 -4 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000449 • • CITY OF CARMEL ZONING ORDINANCE 25.07.02 Permitted Permanent Signs. 25.07.02 -01 Subdivision. a) SIGN CLASSIFICATION: Ground Sign. b) NUMBER & TYPE: One (1) sign per entrance; matching signs which border either side of one entrance into a subdivision shall be treated as one (1) sign; however, both Sign Faces shall be used to calculate the total Sign Area. c) MAXIMUM SIGN AREA: Fifty (50) square feet. d) MAXIMUM HEIGHT OF GROUND SIGN: As approved. e) LOCATION: At entrance to subdivision; sign shall not interfere with Vision Clearance. f) DESIGN: As approved. g) ILLUMINATION: As approved. h) LANDSCAPING: Optional. i) REQUIRED APPROVAL: Must be approved by the Commission, and sign may be established any time after subdivision final plans are approved. j) SIGN PERMIT: Required k) FEES: Required. 25.07.02 -02 Multi - Family Housing Complex. a) SIGN CLASSIFICATION: Ground Sign. b) NUMBER & TYPE: One (1) sign per entrance; matching signs which border either side of one entrance into a Multi- family Housing Complex shall be treated as one (1) sign; however, both Sign Faces shall be used to calculate the total Sign Area. c) MAXIMUM SIGN AREA: Fifty (50) square feet. d) MAXIMUM HEIGHT OF GROUND SIGN: As approved. e) LOCATION: At entrance to Multi - family Housing Complex; sign shall not interfere with Vision Clearance. f) DESIGN: As approved. g) ILLUMINATION: As approved. h) LANDSCAPING: Optional. i) REQUIRED APPROVAL: Must be approved by the Commission, and sign may be established any time after Multi - family Housing Complex fmal plans are approved. j) SIGN PERMIT: Required k) FEES: Required. Section 25.07: Signs 25.07 -5 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000450 CITY OF CARMEL ZONING ORDINANCE 25.07.02 -03 Home Occupation and Boarding House (Residential Zone) .4 a) SIGN CLASSIFICATION: Wall Sign. b) NUMBER & TYPE: One (1) Nameplate. c) MAXIMUM SIGN AREA: Three (3) square feet d) MAXIMUM HEIGHT OF GROUND SIGN: Not applicable. e) LOCATION: As per definition of Wall Sign. f) DESIGN: Must be compatible with the architectural design of the structure to which the sign is attached. g) COPY: As per definition of Nameplate. h) ILLUMINATION: Not permitted. i) LANDSCAPING: Not required. j) REQUIRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. k) SIGN PERMIT: Required. 1) FEES: Required. 25.07.02 -04 Home Occupation and Boarding House (Business and Manufacturing Zones).5 a) SIGN CLASSIFICATION: Wall Sign or Ground Sign. b) NUMBER & TYPE: One (1) Identification Sign. c) MAXIMUM SIGN AREA: Twenty (20) square feet. d) MAXIMUM HEIGHT OF GROUND SIGN: Five (5) feet. e) LOCATION: No closer than five (5) feet to the right -of -way; shall not interfere with Vision Clearance. f) DESIGN: No restrictions. g) COPY: As per definition of Identification Sign. h) ILLUMINATION: Permitted. i) LANDSCAPING: Ground Signs must be accompanied by a landscaped area at least equal to the total Sign Area. j) REQUIRED APPROVAL: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. k) SIGN PERMIT: Required. 1) FEES: Required. 4 Section 25.07.02 -03 amended per Ordinance No. Z- 470 -05, §a. 5 Section 25.07.02 -04 amended per Ordinance No. Z- 470 -05, §b. Section 25.07: Signs 25.07 -6 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000451 CITY OF CARMEL ZONING ORDINANCE 25.07.02 -05 Institutional Uses.6 a) SIGN CLASSIFICATION: Wall Sign or Ground Sign. b) NUMBER & TYPE: i) One (1) Institutional Sign and ii) One (1) sign with Changeable Copy. c) MAXIMUM SIGN AREA: i) Institutional Sign: Thirty (30) square feet; ii) Changeable Copy sign: Sixteen (16) square feet. d) MAXIMUM HEIGHT OF GROUND SIGN: Five (5) feet. e) LOCATION: No sign shall be located closer than ten (10) feet to the street right -of- way in residential zones. No sign shall be located closer that five (5) feet to the street right -of -way in business and manufacturing zones. The sign shall not interfere with the Vision Clearance. f) DESIGN: Must be compatible with the architectural design of the structure which the sign identifies. g) COPY: As per definitions of Institutional Sign and Changeable Copy. h) ILLUMINATION: Permitted. i) LANDSCAPING: Ground Signs must be accompanied by a landscaped area at least equal to the total Sign Area. j) REQUIRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. k) SIGN PERMIT: Required. 1) FEES: Not required. 25.07.02 -06 Recreational Uses.' a) SIGN CLASSIFICATION: Wall Sign or Ground Sign. b) NUMBER & TYPE: One (1) Identification Sign per entrance. c) MAXIMUM SIGN AREA: Thirty (30) square feet per sign. d) MAXIMUM HEIGHT OF GROUND SIGN: Six (6) feet. e) LOCATION: Shall not interfere with Vision Clearance. f) DESIGN: No restrictions except for those signs which require Commission approval. g) COPY: As per definition of Identification Sign. h) ILLUMINATION: Permitted. 6 Section 25.07.02 -05 amended per Ordinance No. Z- 470 -05, §c. ' Section 25.07.02 -06 amended per Ordinance No. Z- 470 -05, §d. Section 25.07: Signs 25.07 -7 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 v1 CARMEL 0000452 CITY OF CARMEL ZONING ORDINANCE ) LANDSCAPING: Ground Signs must be accompanied by a landscaped area at least equal to the total Sign Area. j) REQUIRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. k) SIGN PERMIT: Required. 1) FEES: Required. 25.07.02 -07 Special Use and Use Variance Signs.$ a) SIGN CLASSIFICATION: Wall Sign or Ground Sign. b) NUMBER & TYPE: One (1) Identification Sign for each Frontage on a public street (not alleys), with a maximum of three (3) signs for lots with three (3) or more Frontages. c) MAXIMUM SIGN AREA: Per applicable Sign Chart. d) MAXIMUM HEIGHT OF GROUND SIGN: Per applicable Sign Chart. e) LOCATION: Minimum of five (5) feet from existing right -of -way or proposed right -of -way per the Carmel -Clay Thoroughfare Plan, whichever is greater, and shall not interfere with Vision Clearance. f) DESIGN: No restrictions except for those signs that require approval. g) COPY: As per definition of Identification Sign. h) ILLUMINATION: Permitted. i) LANDSCAPING: Ground Signs must be accompanied by a landscaped area at least equal to the total Sign Area. j) REQUIRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. k) SIGN PERMIT: Required. 1) FEES: Required. 25.07.02 -08 Single Tenant Building.9 a) SIGN CLASSIFICATION: Ground Sign, Wall Sign or Roof Sign. (Roof Signs are prohibited on residences which have been converted to office, business and/or manufacturing uses). b) NUMBER & TYPE: The maximum number of Identification Signs permitted shall be one (1) sign for each Frontage on a public street (not alleys) with a maximum of three (3) signs for lots with three (3) or more Frontages. A building owner with two (2) or more Frontages may elect to transfer a permitted sign from one Frontage to another to permit no more than two (2) signs to be oriented to one Frontage as follows: one (1) Wall or Roof Identification Sign and one (1) Ground Identification Sign. 8 Section 25.07.02 -07 amended per Ordinance No. Z- 365 -01; Z- 470 -05, §e. 9 Section 25.07.02 -08 amended per Ordinance No. Z- 470 -05, §/.' Section 25.07: Signs 25.07 -8 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 v 1 CARMEL 0000453 CITY OF CARMEL ZONING ORDINANCE c) MAXIMUM SIGN AREA: per appropriate chart. d) MAXIMUM HEIGHT OF GROUND SIGN: See appropriate chart. e) LOCATION: See appropriate chart. f) DESIGN: No restrictions except for those signs which require approval by the Commission. g) COPY: As per definition of Identification Sign. Any permitted Ground Identification Sign may include Changeable Copy not to exceed two - thirds (2/3) of the Sign Area. h) ILLUMINATION: Internal or completely shielded. i) LANDSCAPING: Ground Signs must be accompanied by a landscaped area at least equal to the Sign Area. j) REQUIRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. k) SIGN PERMIT: Required. 1) FEES: Required. 25.07.02 -09 Multi- Tenant Ground Floor Building!' a) SIGN CLASSIFICATION: Ground Sign, Wall Sign or Roof Sign. (Roof Signs are prohibited on residences which have been converted to office, business and/or manufacturing uses). b) NUMBER & TYPE: One (1) Wall or Roof Identification Sign per business, or one (1) Ground Identification Sign per building, in which instance all building tenants shall equally share the Sign Area. Businesses which are oriented to more than one (1) public street (not alleys) shall be permitted one (1) Wall or Roof Identification Sign per Frontage with a maximum of two (2) signs unless the Multi -tenant Ground Floor Building has elected to use a Ground Identification Sign for all building tenants. A Multi -tenant Ground Floor Building with frontage on more than one (1) public street (not alleys) shall be permitted one (1) Ground Identification Sign per Frontage with a maximum of three (3) signs for lots with three (3) or more Frontages. c) MAXIMUM SIGN AREA: See appropriate chart. d) MAXIMUM HEIGHT OF GROUND SIGN: See appropriate chart. e) LOCATION: See appropriate chart. f) DESIGN: No restrictions except for those signs which require approval by the Commission. g) COPY: As per definition of Identification Sign. Any permitted Ground Identification Sign may include Changeable Copy not to exceed two- thirds (2/3) of the Sign Area. h) ILLUMINATION: Internal or completely shielded. 10 Section 25.07.02 -09 amended per Ordinance No. Z- 470 -05, §g. Section 25.07: Signs 25.07 -9 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000454 CITY OF CARMEL ZONING ORDINANCE i) LANDSCAPING: Ground Signs must be accompanied by a landscaped area at least equal to the total Sign Area. j) REQUIRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. k) SIGN PERMIT: Required. 1) FEES: Required. 25.07.02 -10 Multi- Tenant Multi -Level Building." a) SIGN CLASSIFICATION: Ground Sign, Wall Sign or Roof -Sign. (Roof Signs are prohibited on residences which have been converted to office, business and/or manufacturing uses). b) NUMBER & TYPE: One (1) Identification Sign for each Frontage on a public street (not alleys) with a maximum of three (3) signs for lots with three (3) or more Frontages. A building owner with two (2) or more Frontages may elect to transfer a permitted Identification Sign from one (1) Frontage to another to permit up to two (2) signs to be oriented to one (1) Frontage as follows: one (1) Wall or Roof Identification Sign and one (1) Ground Identification Sign. Buildings with more than one (1) main entrance and served by separate parking lots are permitted two (2) Directory Signs, one (1) at each of the main building entrances. c) MAXIMUM SIGN AREA: Each Directory Sign shall have a maximum Sign Area of twenty (20) square feet. The maximum Sign Area for each Identification Sign and each Center Identification Ground Sign as per appropriate chart. d) MAXIMUM HEIGHT OF GROUND SIGN: (i) Directory Sign and Multi -tenant Building Complex Directory Sign: five (5) feet. (ii) Identification Sign and Center Identification Ground Sign as per appropriate chart. e) LOCATION: (i) Directory Sign and Multi- tenant Building Complex Directory Sign shall not interfere with Vision Clearance. (ii) Identification Sign and Center Identification Ground Sign as per appropriate chart. f) DESIGN: No restrictions except for those signs which require approval by the Commission. However, signs in Unified Centers must be of similar design and identical in lighting and style of construction. g) COPY: As per definitions of Identification Sign, Directory Sign and Center Identification Ground Sign. Any permitted Ground Identification Sign may include Changeable Copy not to exceed two- thirds (2/3) of the Sign Area. h) ILLUMINATION: Internal or completely shielded. i) LANDSCAPING: Ground Signs must be accompanied by a landscaped area at least equal to the total Sign Area. 11 Section 25.07.02 -10 amended per Ordinance No. Z- 470 -05, §h. Section 25.07: Signs 25.07 -10 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 v 1 CARMEL 0000455 CITY OF CARMEL ZONING ORDINANCE j) REQUIRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. k) SIGN PERMIT: Required. 1) FEES: Required. 25.07.02 -11 Multi- Tenant Building Complex.'Z a) SIGN CLASSIFICATION: Center Identification Ground Sign and Multi -tenant Building Complex Directory Sign. b) NUMBER & TYPE: One (1) Center Identification Ground Sign per Multi -tenant Building Complex. Any Multi -tenant Building Complex (per approval of overall Development Plan) located on a lot with Frontage on more than one (1) public street (not alleys) is permitted one (1) Center Identification Ground Sign per Frontage with a maximum of three (3) signs for lots with three (3) or more Frontages. Note: In addition to the allowed Ground Sign(s), a Multi- tenant Building Complex is allowed one (1) Multi- tenant Building Complex Directory Sign, if said sign is approved by the Commission when presented as part of a total sign package. A Multi -tenant Building Complex Directory Sign is not counted as a Ground Sign, but must be landscaped at least equal to the Sign Area. For a Multi -tenant ground floor building which is also Multi -tenant building complex either one (1) Center Identification Ground Sign or one (1) Ground Identification Sign (as permitted under Section 25.07.02- 09(b)) shall be permitted per frontage. c) MAXIMUM SIGN AREA: (i) Center Identification Ground Sign: see appropriate chart. (ii) Multi -tenant Building Complex Directory Sign: Twenty (20) square feet. d) MAXIMUM HEIGHT OF GROUND SIGN: (i) Center Identification Ground Sign: see appropriate chart. (ii) Multi -tenant Building Complex Directory Sign: Five (5) feet. e) LOCATION: Minimum ten (10) feet from street right -of -way. f) DESIGN: Signs must comply with the approved Unified Center architectural scheme, and must be of a similar design and identical in lighting and style of construction. g) COPY: As per definition of Center Identification Ground Sign and/or Multi- tenant Building Complex Directory Sign. Any permitted Ground Identification Sign may include Changeable Copy not to exceed two- thirds (2/3) of the Sign Area. h) ILLUMINATION: Internal or completely shielded. i) LANDSCAPING: Ground Signs must be accompanied by a landscaped area at least equal to the total Sign Area, including Multi -tenant Building Complex Directory Sign. 12 Section 25.07.02 -11 amended per Ordinance No. Z-470 -05, §i j. Section 25.07: Signs 25.07 -11 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 v 1 CARMEL 0000456 CITY OF CARMEL ZONING ORDINANCE j) REQUIRED APPROVAL: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. k) SIGN PERMIT: Required. 1) FEES: Required. 25.07.02 -12 Window Signs.13 This section applies to all commercial properties zoned B -1, B -2, B -3, B -5, B -6, B -7, B -8, I- 1, M -1, M -3 (or any subsequently created business or manufacturing zone). Said commercial uses, in addition to utilizing the signage provisions in Sections 25.07.02 -01 through 25.07.02- 11, may also utilize the signage provided for in this Section 25.07.02 -12. A) SIGN CLASSIFICATION: Non - illuminated Window Signs. 1) NUMBER: One (1) or more Window Signs per window or window pane subject to maximum Sign Area for total Window Area. 2) MAXIMUM SIGN AREA: One (1) or more Window Signs shall not exceed thirty percent (30 %) of the total Window Area on which the signs are placed or through which they are viewed. 3) LOCATION: As per defmition of Window Sign. 4) TYPES: i) Permanent: Window Signs which are affixed in a permanent manner to the window, window frame, or the building structure. Temporary: Window Signs which are not affixed in a permanent manner to the window, window frame, or the building structure and which are intended to be changed from time to time. 5) DESIGN: No restrictions except for those signs which require approval by the Commission. 6) ILLUMINATION: Not permitted. 7) REQUIRED APPROVAL: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. 8) SIGN PERMIT: Required for permanent Window Signs. 9) FEES: Required for permanent Window Signs. B) SIGN CLASSIFICATION: Illuminated Window Signs. 1) NUMBER: One (1) sign per tenant/property owner and may be in addition to any other permitted signs including but not limited to non- illuminated Window Signs. 2) MAXIMUM SIGN AREA: Three (3) square feet 3) LOCATION: As per definition of Window Sign. 4) DESIGN: No restrictions except for those signs which require approval by the Commission. However, signs in Unified Centers must be of a similar design and style of construction. i) 13 Section 25.07.02 -12 amended per Ordinance No. Z-470 -05, §k. Section 25.07: Signs 25.07 -12 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 v1 CARMEL 0000457 CITY OF CARMEL ZONING ORDINANCE 5) ILLUMINATION: Permitted. 6) REQUIRED APPROVAL: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. 7) SIGN PERMIT: Required. 8) FEES: Required. 25.07.02 -13 Old Town Carmel.14 This section applies to all commercial uses located on properties zoned B -1, B -2, B -3, B -5, B -6, B -7, B -8, M -1, M -3, (or subsequently created business or manufacturing zone), (and additionally situated in) Old Town Carmel, as determined by the boundaries of the Old Town District Overlay Zone. Said commercial uses may utilize the signage requirements in Sections 25.07.02 -08 through 25.07.02 -12 of this Ordinance. a) SIGN CLASSIFICATION: Suspended Sign; Projecting Sign or Porch Sign. (Only in Old Town Carmel and the Carmel Drive — Range Line Road Overlay are these types of signs permitted.) b) NUMBER & TYPE: One (1) Identification Sign per business in a Single -tenant Building or a Multi -tenant Ground Floor Building. One (1) Building Identification Sign per Multi- tenant Ground Floor Building or Multi -tenant Multi -level Building is permitted if seven (7) or more businesses occupy the same building. In no instance shall any building or Multi- tenant Building Complex have more than one (1) Ground Identification Sign. If the Identification Sign is to be used for tenant identification then all building tenants shall equally share the Sign Area as per appropriate chart. This includes the Center Identification Ground Sign - all copy shall be included on only one (1), Ground Identification Sign. c) MAXIMUM SIGN AREA: i) Twenty (20) square feet for a Projecting Sign; ii) Twelve (12) square feet for a Suspended Sign; iii) Six (6) square feet for a Porch Sign. d) MAXIMUM HEIGHT OF GROUND SIGN (Suspended): Eight (8) feet. e) LOCATION: No Ground Sign shall be located closer than five (5) feet to the right - of -way and shall not interfere with Vision Clearance. A Projecting Sign may be utilized only when the building on which it is to be established has a Front Yard with a depth of less than five (5) feet. A Projecting Sign shall be located a minimum of two (2) feet behind the curb and shall measure a minimum distance of eight (8) feet from the bottom of the sign to ground level. f) COLOR & DESIGN: No restrictions except for those signs which require approval by the Commission. However, signs in Unified Centers must be of similar design and identical in lighting, color, height of sign area and style of construction. g) COPY: As per definition of Identification Sign. h) ILLUMINATION: Permitted. 14 Section 25.07.02 -13 amended per Ordinance No. Z- 470 -05, §l; Z- 486 -06, §m. Section 25.07: Signs 25.07 -13 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 v 1 CARMEL 0000458 CITY OF CARMEL ZONING ORDINANCE i) LANDSCAPING: Optional. j) REQUIRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. k) SIGN PERMIT: Required. 1) FEES: Required. 25.07.02 -14 Old Meridian District.' This section applies to all land uses located on properties within the zones established pursuant to Chapter 20G: Old Meridian District. The signage requirements in Section 25.07.02 -01 through 25.07.02 -12 of this Ordinance apply, except where superceded by the provisions of this section. a) SIGN CLASSIFICATION: As allowed pursuant to the signage requirements in Section 25.07.02 -01 through 25.07.02 -12, unless otherwise specified below. 1. 20G.05.01: Single - Family Attached Zone (OM -SFA): a) No permanent exterior signs of any kind will be allowed except: (i) House numbers established in accordance with Section 25.14: Premises Identification, and (ii) Nameplates established in accordance with Section 25.07.02 -03: Home Occupation and Boarding House (Residential Zone). 2. 20G.05.02: Multifamily Housing Zone (OM -MF): a) Limited to Suspended Signs, Projecting Signs, Porch Signs, or Wall Signs. 3. 20G.05.03: Village Zone (OM -V): (a) Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations of Section 25.07.02 -13: Old Town Carmel shall apply to the Village Zone. (b) Exempt Signs: All signs designated as exempt in Section 25.07.01 -03 of the Sign Ordinance, except as noted in Section 20G.05.07(E) (5). (c) Prohibited Signs: The provisions in Section 25.07.01 -04 shall apply. The following signs are also prohibited: (1) Ground Signs, or other free standing signs. (2) Signs which contain blinking, pulsing, or moving components. 15 Section 25.07.02 -14 adopted per Ordinance No. Z- 453 -04, §fa. Section 25.07: Signs 25.07 -14 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000459 CITY OF CARMEL ZONING ORDINANCE 4. 20G.05.06: Special Use Zone (OM -SU): (a) See 25.07.02 -07: Special Use and Use Variance Sign. 5. 20G.05.07: Meijer Zone (OM -M): (a) Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations pertaining to Old Town Carmel, Section 25.07.02 -13 shall apply to the Meijer Zone. (b) Exempt Signs: All signs designated as exempt in Section 25.07.01 -03 of the Sign Ordinance, Ordinance No. Z -302. (c) Prohibited Signs: The provisions in Section 25.07.01 -04 shall apply. Signs which contain blinking, pulsing, those with moving components are also prohibited. b) NUMBER & TYPE: As allowed pursuant to the signage requirements in Section 25.07.02 -01 through 25.07.02 -12, unless otherwise specified below. 1. 20G.05.07: Meijer Zone (OM -M): (a) Two (2) monument signs no larger than sixty (60) square feet are allowed for a single user of the existing Meijer store, with one (1) sign located at the existing street cut on Old Meridian Street, in the Village Zone, and the other sign being located in accordance with the plans approved by the Commission, Docket No. 22 -91 ADLS /DP. (b) Signage for the Convenience Store shall be permitted, consistent with Section 20G.05.07(E)(1), and subject to ADLS approval. c) MAXIMUM SIGN AREA: As allowed pursuant to the signage requirements in Section 25.07.02 -01 through 25.07.02 -12, unless otherwise specified below. 1. 20G.05.02: Multifamily Housing Zone (OM -MF): (a) Suspended Signs: Twelve (12) square feet (b) Projecting Signs: Twenty (20) square feet (c) Porch Signs: Six (6) square feet (d) Wall Signs: Sixteen (16) square feet (e) Ground Signs, or other freestanding signs are not permitted. 2. 20G.05.04: Mixed Use Zone (OM -MU): (a) Wall Signs shall not exceed thirty-two (32) square feet. 3. 20G.05.05: Office Zone (OM -O): (a) Ground Signs shall not have a Sign Face that exceeds twenty - four (24) square feet. (b) Wall signs shall not exceed thirty-two (32) square feet. Section 25.07: Signs 25.07 -15 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 v 1 CARMEL 0000460 CITY OF CARMEL ZONING ORDINANCE d) MAXIMUM HEIGHT OF GROUND SIGN: As allowed pursuant to the signage requirements in Section 25.07.02 -01 through 25.07.02 -12, unless otherwise specified below. 1. 20G.05.04: Mixed Use Zone (OM -MU): (a) Ground Signs shall not be taller than four (4) feet. 2. 20G.05.05: Office Zone (OM -O): (a) Ground Signs shall not be taller than four (4) feet. e) LOCATION: Signs shall not interfere with Vision Clearance. As allowed pursuant to the signage requirements in Section 25.07.02 -01 through 25.07.02 -12, unless otherwise specified below. 1. 20G.05.02: Multifamily Housing Zone (OM -MF): (a) Wall Signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. (Diagram 4) (b) No sign shall extend above the cornice line of the building. 2. 20G.05.03: Village Zone (OM -V): (a) Wall signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. (Diagram 4) (b) No sign may extend above the cornice line of the building. (c) Signs may also be painted in white graphics in storefront or upper floor windows. (d) Signs may also be imprinted on permanent awnings. 5. 20G.05.04: Mixed Use Zone (OM -MU): (a) Wall signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. (Diagram 4) (b) No sign may extend above the cornice line of the building. 4. 20G.05.07: Meijer Zone (OM -M): (a) Wall signs must fit within the horizontal and vertical elements of the building and not obscure details of the building. (Diagram 4) No sign shall be allowed to extend above the cornice line of the building. f) DESIGN: As approved. 1. 20G.05.03: Village Zone (OM -V): (a) Tenants should strive for a unique graphic image, rather than be required to conform to a single graphic style for the whole building. (b) Providence at Old Meridian. The sign package adopted with Ordinance No. Z -338, Providence at Old Meridian Plan Unit Development District shall be allowed as approved. Section 25.07: Signs 25.07 -16 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000461 CITY OF CARMEL ZONING ORDINANCE g) ILLUMINATION: As approved. h) LANDSCAPING: A landscaped area equal to the total sign area is required for all Ground Signs established in the Old Meridian District. i) REQUIRED APPROVAL: Must be approved by the Commission, and sign may be established any time after fmal plans are approved. j) SIGN PERMIT: Required k) FEES: Required. I) Specific District Requirements: 1. 20G.05.08: Mixed Medical Zone (OM -MM): (a) The provisions of the Sign Ordinance, Ordinance No. Z -302, shall apply, except as noted below. (i) For a building with multiple tenants or occupants and which is in excess of 10,000 square feet of gross building area located on a site by itself, or for multiple buildings located on an integrated site with a shared entrance, a single freestanding monument sign located at the entrance of the site and within the front setback shall be permitted. Each sign face (maximum of two (2) faces per sign) shall not exceed sixty (60) square feet in total area. It must be landscaped at the base of the sign. (ii) A building not described in Subsection (a) above, shall be identified by the use of a ground sign which shall not be taller than four (4) feet, and have a sign face that does not exceed thirty-two (32) square feet. (iii) Wall signs shall not exceed thirty-two (32) square feet. (iv) Directory signs are permitted in accordance with the Sign Ordinance Z -302. Wall signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. (Diagram 4) No sign may extend above the bottom of the roofline or, in the case of flat roofs, the cornice line of the Building. Section 25.07: Signs 25.07 -17 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000462 CITY OF CARMEL ZONING ORDINANCE 25.07.03 Temporary Signs. Temporary sign permits can be issued for no more than one (1) year's duration, but may be renewed, unless otherwise prohibited. 25.07.03 -01 Subdivision Construction Signs.16 a) SIGN CLASSIFICATION: Ground Sign. b) NUMBER & TYPE: One (1) sign per entrance. c) MAXIMUM SIGN AREA: Thirty-two (32) square feet per sign. d) MAXIMUM HEIGHT OF GROUND SIGN: Eight (8) feet. e) LOCATION: At entrance to subdivision; sign shall not interfere with Vision Clearance and shall be a minimum of ten (10) feet from the street right -of -way, except when located on a corner lot, as for Vision Clearance on Corner Lots (see Section 3.07: Definitions, in Zoning Regulations). f) DESIGN: No restrictions. g) COPY: No restrictions. h) ILLUMINATION: Not permitted. i) LANDSCAPING: Not required. j) REQUIRED APPROVAL: None. k) SIGN PERMIT: Required. 1) FEES: Required. m) TIME: 1) Subdivision Construction Signs may be established after, but not before final approval of subdivision plans and may be in addition to any permanent Subdivision Sign permitted by the terms of this Ordinance. 2) Signs may remain until the number of lots remain for sale is less than: i) two (2) in platted subdivisions containing 2-49 total lots. ii) five (5) in platted subdivisions containing 50 -99 total lots. iii) ten (10) in platted subdivisions containing 100 -199 total lots. iv) twenty -five (25) in platted subdivisions containing 200 -499 total lots. v) five percent (5 %) of platted lots in subdivisions containing 500 or more lots. 3) Permit renewal is subject to the determination of the Director. 16 Section 25.07.03 -01 amended per Ordinance No. Z- 486 -06, §n. Section 25.07: Signs 25.07 -18 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 v CARMEL 0000463 CITY OF CARMEL ZONING ORDINANCE 25.07.03 -02 Non - Residential and Multiple Family Housing Complex Construction Signs. a) SIGN CLASSIFICATION: Ground Sign. b) NUMBER & TYPE: One (1) sign per Property Frontage. c) MAXIMUM SIGN AREA: Thirty-two (32) square feet d) MAXIMUM HEIGHT OF GROUND SIGN: Eight (8) feet. e) LOCATION: Shall be set back twenty (20) feet from the street right -of -way; only one (1) sign may face any particular Property Frontage. f) DESIGN: No restrictions. g) COPY: Limited to identification of the building, architects, engineers, contractors, and other individuals or firms involved with the construction, but shall not include any advertising or product. h) ILLUMINATION: Not permitted. i) LANDSCAPING: Not required. j) REQUIRED APPROVAL: None. k) SIGN PERMIT: Required. 1) FEES: Required. m) TIME: Shall not be established until after construction has begun; shall be removed within seven (7) days after the beginning of the intended use of the project. 25.07.03 -03 Real Estate Signs." a) SIGN CLASSIFICATION: Ground Sign. b) NUMBER & TYPE: One (1) sign per Property Frontage. No more than two (2) Sign Faces per sign, and the angle of separation between the faces of the sign shall not exceed sixty degrees (60 °). (Refer to DIAGRAM 1) c) MAXIMUM SIGN AREA: 1) Residential zones: i) Lot size under five (5) acres: Six (6) square feet and ii) Lot size five (5) acres and over: Twenty (20) square feet 2) Business and Manufacturing Zones - maximum Sign Face Area (both faces, if applicable): i) for a lot less than ten (10) acres in area shall be twenty (20) square feet, and ii) for a lot located in the US Highway 31 or US Highway 421 — Michigan Road Corridor Overlay Zones which is greater than five (5) acres in area shall be thirty-two (32) square feet. d) MAXIMUM HEIGHT OF GROUND SIGN: 1) Lot size under five (5) acres: Five (5) feet; " Section 25.07.03 -03 amended per Ordinance No. Z- 486 -06, §o. Section 25.07: Signs 25.07 -19 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 v 1 CARMEL 0000464 CITY OF CARMEL ZONING ORDINANCE 2) Lot size five (5) acres and over: Eight (8) feet. e) LOCATION: 1) Residential Zones: i) Signs of six (6) square feet or less: Ten (10) feet from right -of- way; ii) over six (6) square feet: Twenty-five (25) feet from right -of -way. 2) Business and Manufacturing Zones: i) Signs of six (6) square feet or less: Five (5) feet from the right - of -way; ii) over six (6) square feet: Ten (10) feet from the right -of -way. iii) For lots with more than one (1) street frontage, the distance between any two (2) signs shall not be less than fifteen (15) feet at any point; and iv) for through lots, two (2) signs may not be located in the same half yard. (Refer to DIAGRAM2). f) DESIGN: No restrictions. g) COPY: May announce the sale, rental or lease of the premises, but shall reflect no advertising or promotional material other than to indicate the party listing the property for sale or lease. h) ILLUMINATION: Not permitted. i) LANDSCAPING: Not required. j) REQUIRED APPROVAL: None. k) SIGN PERMIT: Required for signs with a Sign Area over six (6) square feet. 1) TIME: 1) Residential Zones - Signs shall be removed promptly after closing, lease or rental of the property. An OPEN HOUSE sign may be posted only when an open house is being conducted on the premises, unless the sign lists the dates and times of a future open house. 2) Business and Manufacturing Zones - Signs shall be removed within seven (7) days of the sale, lease or rental of the property. 3) Multi- family Housing Complex - Once eighty percent (80 %) of units are leased, sold or occupied, Real Estate Signs are limited to either Ground Sign, Wall Sign or Window Sign of six (6) square feet or less. 25.07.03 -04 Political Campaign Signs.18 a) SIGN CLASSIFICATION: Ground Sign. b) NUMBER & TYPE: No restrictions. c) MAXIMUM SIGN AREA: Sixteen (16) square feet total per Premises. 18 Section 25.07.03 -04 amended per Ordinance No. Z- 470 -05, §m. Section 25.07: Signs 25.07 -20 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000465 CITY OF CARMEL ZONING ORDINANCE d) MAXIMUM HEIGHT OF GROUND SIGN: Five (5) feet. e) LOCATION: Must be confined to private property and/or polling sites. f) DESIGN: No restrictions. g) COPY: Names of candidates seeking public political office and other data pertinent thereto. h) ILLUMINATION: Not permitted. i) LANDSCAPING: Not required. j) REQUIRED APPROVAL: None. k) SIGN PERMIT: Not required. 1) FEES: Not required. m) TIME: None. 25.07.03 -05 Additional Signs in Residential Zones. a) SIGN CLASSIFICATION: Ground Sign. b) NUMBER & TYPE: One (1) sign in addition to a permitted Real Estate Sign(s) per lot with a maximum of two (2) Sign Faces. c) MAXIMUM SIGN AREA: Eight (8) square feet (both faces, if applicable). d) MAXIMUM HEIGHT OF GROUND SIGN: Four (4) feet. e) LOCATION: Shall be set back ten (10) feet from the street right -of -way. f) DESIGN: No restrictions. g) ILLUMINATION: Not permitted. h) LANDSCAPING: Not required. i) REQUIRED APPROVAL: None. j) SIGN PERMIT: Required for signs with a sign area over six (6) square feet. k) TIME: Signs shall be removed promptly after completion of construction, renovation or repair of improvements on the property. 25.07.03 -06 Signage for Temporary Uses.19 This section shall apply to those temporary uses established by Section 25.23 and Section 25.24 of this Ordinance. a) SIGN CLASSIFICATION: Wall sign or ground sign. b) NUMBER & TYPE: One (1) identification sign. c) MAXIMUM SIGN AREA: Thirty-two (32) square feet d) MAXIMUM HEIGHT OF GROUND SIGN: Six (6) feet. e) LOCATION: Must not interfere with Vision Clearance. f) DESIGN: No restrictions. 19 Section 25.07.03 -06 amended per Ordinance No. Z- 461 -04, §i. Section 25.07: Signs 25.07 -21 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000466 CITY OF CARMEL ZONING ORDINANCE g) COPY: As per definition of identification sign. h) ILLUMINATION: Not permitted. i) LANDSCAPING: Not required. j) REQUIRED APPROVAL: None. k) SIGN PERMIT: Required. 1) FEES: Required, except for local non - profit organizations applying under Section 25.24 of this Ordinance. m) TIME: Limited to duration of temporary use permit. 25.07.03 -07 Model Home & Temporary Sales Office Identification Signs 2° a) SIGN CLASSIFICATION: Ground Sign. b) NUMBER & TYPE: i) One (1) sales office Identification Sign per hundred lots. ii) One (1) model home Identification Sign per approved model home. c) MAXIMUM SIGN AREA: i) Sales office Identification Sign: Thirty (30) square feet. ii) Model home Identification Sign: Six (6) square feet. d) MAXIMUM HEIGHT OF GROUND SIGN: i) Sales office Identification Sign: Six (6) feet. ii) Model home Identification Sign: Three (3) feet. e) LOCATION: i) Sales office Identification Sign: On the same Lot as the approved temporary sales office; sign shall not interfere with Vision Clearance and shall be a minimum of ten (10) feet from the street right -of -way. ii) Model home Identification Sign: On the same Lot as the approved Model Home; sign shall not interfere with Vision Clearance and shall be a minimum of ten (10) feet from the street right -of -way. f) DESIGN: As approved by the Commission. g) COPY: No restrictions. h) ILLUMINATION: Not permitted. i) LANDSCAPING: Not required. j) REQUIRED APPROVAL: Either a Sign Plan showing the design of any sales office Identification Signs must be approved by the Commission as part of the Primary Plat petition, or an ADLS application must be filed prior to the Establishment of the signs. k) SIGN PERMIT: Required for signs with a Sign Area over six (6) square feet. 20 Section 25.07.03 -07 adopted per Ordinance No. Z- 366 -01. Section 25.07: Signs 25.07 -22 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000467 CITY OF CARMEL ZONING ORDINANCE 1) TIME: Shall not be Established until either a temporary or final Certificate of Occupancy has been issued for the Principal Building; may remain until such time as the temporary sales office and/or Model Home Temporary Use approval has expired, or until such time as the Principal Building is sold for private occupancy, whichever is earlier. 25.07.04 Permitted Banners. 25.07.04 -01 Street Banners For Civic Events. A Banner for special events designated by the Mayor of the City of Carmel may be erected no more than thirty (30) days prior to the event and shall be removed no more than three (3) days after the event. The erection of a banner for a Special Event is further subject to the approval of the appropriate governmental agency having jurisdiction over the proposed location of the Banner. 25.07.04 -02 Grand Opening Banners. A banner for grand openings may be erected no more than fourteen (14) days prior to the date the business first opens to the general public and shall be removed no more than seven (7) days after the date the business first opens. 25.07.04 -03 Interim Signage Pending Permanent Sign. ' a) SIGN CLASSIFICATION: Banner b) NUMBER & TYPE: One (1) banner for each approved permanent sign c) MAXIMUM SIGN AREA: Not to exceed the area of the approved permanent sign. d) LOCATION: Shall be placed in the location(s) of the not yet erected permanent signs. e) DESIGN: As per definition of Banner f) COPY: As per definition of Identification Sign g) ILLUMINATION: Not permitted h) LANDSCAPING: Not required i) REQUIRED APPROVALS: A sign permit for permanent signage is required before an interim Banner permit can be issued j) SIGN PERMIT: Required for temporary interim Banner k) FEES: Required 1) TIME: An interim Banner shall not be displayed for more than ninety (90) days following the issuance of the temporary Banner permit. An extension of time not to exceed ninety (90) days may be granted. Such extension request must be made in writing. The fee for extensions is an additional interim Banner permit fee. 21 Section 25.07.04 -03 amended per Ordinance No. Z- 486 -06, §p. Section 25.07: Signs 25.07 -23 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000468 CITY OF CARMEL ZONING ORDINANCE 25.07.05 Fast Food Drive -Thru Service Menu Signs. Fast food operations with drive- through service located on properties zoned B -1, B -2, B -3, B-4, B -5, B -5, B -7, B -8, I -1, M -1, M -2, M -3, in addition to other permitted signs, may also display a menu sign with a maximum sign area of sixteen (16) square feet and a maximum height of six (6) feet for a ground sign. 25.07.06 Legal Non - Conforming Signs.22 A. After the enactment of this amendatory Ordinance, the Administrator shall make a survey every twelve (12) months of the jurisdictional area for signs that do not conform to this Ordinance (as of July 15` of the respective calendar year); and shall submit the results of the survey, in writing, to the Mayor, members of the Council, members of the Board, and members of the Commission. This report is due on or before September 1st of every year and shall include the sections of this Ordinance with which said signs do not comply (as of July 1 of the respective calendar year), and any necessary proof that said signs are legal nonconforming signs. B. The Administrator shall also use all reasonable efforts to notify the user or owner of the property on which such sign is located of the signs non - conformity and whether it is legally non - conforming or is illegal. Should any questions arise as a result of the Administrator's decision that a sign is a Legal Non - conforming Sign or is illegal, the final determination of such status shall be made by the Board as provided for in Section 28.06 of this Ordinance. An ongoing record of existing Legal Non - conforming Signs shall thereafter be maintained as a part of the Board's permanent records. C. Where a nonconforming sign was legally existing on July 1, 2004, the Administrator shall register such sign as a legal nonconforming sign, specifying on the registration form the date of the erection or installation of such sign and, if applicable, the dates on which the Board granted a variance and a Sign Permit was issued. D. A non - conforming sign as described in Subsection (C) above which is duly registered shall thereafter be deemed a Legal Non - conforming Sign and may be continued without further registration. E. If the Administrator determines that a nonconforming sign existing on July 1, 2004, was not legally erected or installed, the user or owner shall have until January 1, 2006, to appeal the Administrator's determination to the Board or to obtain a variance from the Board allowing the sign to be continued. After January 1, 2006, if the Board has not reversed the Administrator's determination or granted a variance allowing the sign to be continued, it shall thereafter be deemed an illegal sign and shall be immediately brought into conformance with this Ordinance or shall be removed. F. A Legal Non - conforming Sign shall immediately lose its legal non - conforming designation if: 1) the sign is not kept in good repair and in a safe condition and the state of disrepair or unsafe condition continues for six (6) months; 2) the sign is relocated; 3) the complete sign and sign structure are replaced; or 4) the Sign Permit or variance under which the sign was allowed or permitted expires. 22 Section 25.07.06 amended per Ordinance No. Z- 365 -01; Z- 453 -04, §fc. Section 25.07: Signs 25.07 -24 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000469 CITY OF CARMEL ZONING ORDINANCE G. On the happening of any one (1) of the above conditions the sign shall be immediately brought into conformance with this Ordinance with a new Sign Permit secured therefore, or shall be removed. H. Nothing in this Ordinance shall relieve the owner or user of a Legal Non - conforming Sign or owner of the property on which the Legal Non - conforming Sign is located from the provisions of this ordinance regarding safety, maintenance and repair of signs. 25.07.07 Sign Permits. Except as otherwise provided in this Ordinance, it shall be unlawful for any person to establish any sign within the jurisdictional area of this Ordinance, or cause the same to be done without first obtaining a Sign Permit for each such sign from the Administrator as required by this Ordinance. These directives shall not be construed to require any permit for a change of copy for legal Changeable Copy or otherwise allowed under this Ordinance, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way to violate the standards or provisions of this Ordinance. No permit is required for signs which are exempted from permits elsewhere in this Ordinance. No new permit is required for signs which have permits and which conform with the requirements of this ordinance on the date of its adoption unless and until the sign is altered or relocated in violation of this Ordinance. A permit must be secured when the fee ownership of the property upon which the sign is located has been changed, or when the ground upon which the sign is situated has been leased to a new lessee. Every Sign Permit issued by the Administrator shall become null and void if the sign is not established within six (6) months after the issuance of such permit. Signs which require approval by the Commission must be established within one (1) year after the date such approval is granted, or such approval shall become null and void. Signs which require variance approval from the Board shall be established within one (1) year. (See Ordinance No. Z -170). No person shall establish any sign upon any property or building without the consent of the owner or person entitled to possession of the property or building if any, or their authorized representative. Application for a permit shall be made to the Administrator upon a form provided by the Administrator and shall be accompanied by such information as may be required to assure compliance with all appropriate laws and regulations of the City including, but not limited to: 1) Name and address of the owner of the sign. 2) Name and address of the owner (fee owner) of the Premises where the sign is to be located. 3) Name and address of the person leasing the Premises (if applicable). 4) Clear and legible drawings with description definitely showing location of the sign which is the subject of the permit and all other existing signs whose construction requires permits, when such signs are on the same Premises. Drawings showing the dimensions, construction supports, sizes, electrical wiring and components, materials, and design of the sign and method of attachment. The design, quality, materials and loading shall conform to the requirements of the Building Official's and Administrative Code (B.O.A.C.), as amended. If required by the Administrator, engineering data shall be supplied on plans submitted certified by a duly licensed engineer. - mow The Administrator shall issue a permit for the establishment of a sign when an application therefore has been properly made of the city. Section 25.07: Signs 25.07 -25 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 v 1 CARMEL 0000470 CITY OF CARMEL ZONING ORDINANCE The person establishing a sign shall notify the Administrator upon completion of the work for which permits are required, and shall submit a color photograph of the established sign to the Administrator. All signs shall be subject to an inspection by the Administrator. The Administrator may, in writing, suspend or revoke a permit issued under provisions of this Section whenever the permit is issued on the basis of a misstatement of fact or fraud after due notice by and hearing before the Administrator. When a Sign Permit is denied or revoked by the Administrator, he shall give written notice of the denial to the applicant together with a brief written statement of the reasons for the denial. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. An Appeal may be taken to the Board from either the Administrator's denial or revocation of a permit or from the failure of the Administrator to formally grant or deny a permit within thirty days (30) days. (See Section 30.01 and Section 30.02). Permit fees shall be as stated in Section 29.06.05 of this Ordinance. 25.07.08 Variance. A variance from the terms of these regulations may be submitted to the Carmel Board of Zoning Appeals as stated in Section 30.05 of this Ordinance. 25.07.09 Administration and Enforcement. 25.07.09 -01 Administration. The Administrator is hereby authorized and directed to enforce and carry out all provisions of this section both in letter and spirit, pursuant to state statute. The Administrator is further empowered to delegate the duties and the powers granted to and imposed upon him under this Ordinance. As used in this section, "Administrator" shall include any authorized representative(s). The Administrator is hereby empowered to enter or inspect any building, structure, or premises in the jurisdictional area of this Ordinance, upon which, or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to insure compliance with the provisions of this section. Such inspections shall be carried out during business hours, unless an emergency exists. Section 25.07: Signs 25.07 -26 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000471 • • CITY OF CARMEL ZONING ORDINANCE SECTION 25.07: SIGNS AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z- 365 -01 76 -01a OA November 5, 2001 November 27, 2001 25.07.02 -07; 25.07.06 Z- 366 -01 76 -01b OA n/a November 28, 2001 25.07.01 -02; 25.07.01- 04(1); 25.07.03 -07 Z- 369 -02 160 -01 OA April 1, 2002 April 1, 2002 25.07.01 -02; 25.07.01- 03(1); 25.07.01 -04(q) Summer 2002 vl Z- 416 -03 40 -02 OA November 17, 2003 November 18, 2003 25.07.01 -02 Autumn 2003 vl Z-453-04 150 -02 OA August 16, 2004 August 16, 2004 25.07.02 -14; 25.07.06; Sign Charts A, B, C; Diagram 4 Summer 2004 vl Z- 461 -04 04070029 OA December 20, 2005 January 20, 2005 25.07.03 -06 Winter 2005 vl Z- 470 -05 04100026 OA February 21, 2005 February 21, 2005 25.07.02 -03 thru 13; 25.07.03 -04; Diagram 3 Winter 2005 v2 Z- 478 -05 05050010 OA July 18, 2005 July 18, 2005 25.07.01 -04; Sign Chart A Summer 2005 vl Z- 486 -06 05120002 OA February 20, 2006 March 22, 2006 25.07.01 -04; 25.07.02 -13; 25.07.03 -01; 25.07.03 -03; 25.07.04 -03 Spring 2006 vl Section 25.07: Signs 25.07 -31 as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06 Spring 2006 vl CARMEL 0000476 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 26: ADDITIONAL HEIGHT, YARD, LOT AREA AND BUFFERING REGULATIONS 26.00 Additional Height, Yard, Lot Area and Buffering Regulations. 26.01 Additional Height Requirements. 26.02 Additional Yard Requirements. 26.03 Additional Lot Area and Width Requirements. 26.04 Perimeter Buffering Requirements. 26.00 Additional Height, Yard, Lot Area and Buffering Regulations.' 26.01 Additional Height Requirements.2 26.01.01 In the S -1, S -2, R -1, R -2, and R -3 Residential Districts limiting height to thirty-five (35) feet, the required Side and Rear Yards are increased an additional foot for each foot such Structure exceeds twenty-five (25) feet in height. 26.01.02 unassigned 26.01.03 unassigned 26.01.04Upon approval by the appropriate authority, chimney stacks, church spires, monuments, flagpoles, water towers, stage towers or scenery lofts may be erected to minimum height appropriate unless prohibited by other laws. In the Business, Industrial, and Manufacturing Districts, Special Use approval of a tower (or antenna mounted on another structure) may include an increase in height to not more than one hundred fifty (150) feet. In the Residential Districts, Special Exception approval of a tower (or Special Use approval of an antenna mounted on another structure) may include an increase in height to not more than one hundred twenty (120) feet. Essential mechanical or utilitarian roof top appurtenances shall be screened, and upon the approval by the appropriate authority, such items and their screening may be erected to a minimum height appropriate unless prohibited by other laws or ordinances. Such appurtenances shall be defined as, but not limited to cooling towers, elevator bulkheads, conveyors, heating ventilation air conditioning equipment (HVAC), and rooftop stairway access structures. 26.02 Additional Yard Requirements.' 26.02.01 On lots fronting on two non - intersecting streets, a front yard must be provided on both streets (double frontage). 26.02.02 Comer Lots. A. There must be a Front Yard provided on both Streets. ' Title amended per Ordinance No. Z- 470 -05, §o. 2 Section 26.01 amended per Ordinance No. Z -254; Z -256; Z -269; Z -320; Z- 453 -04, §fd. 3 Section 26.02 amended per Ordinance No. Z -318; Z -320; Z -327; Z- 369 -02, §bc -bh; Z- 382 -02, §g; Z- 453 -04, §fe. Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations 26 -1 as amended per Z -318, Z -320; Z -327; Z- 365 -01; Z- 369 -02; Z- 382 -02; Z- 453 -04; Z- 470 -05; Z- 478 -05 Summer 2005 v I CARMEL 0000478 CITY OF CARMEL ZONING ORDINANCE B. On Corner Lots that are Lots of Record, the buildable Lot Width cannot be reduced to less than twenty-eight (28) feet, except that there shall be a Side Yard of at least five (5) feet along each Side Lot Line. C. The minimum buildable Lot Width of twenty-eight (28) feet for Principal Buildings is reduced to twenty -two (22) feet for Accessory Buildings. 26.02.03 Where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage. 26.02.04In the B, I and M Districts there may be more than one building on a lot provided that the required yards be maintained around the group of buildings. 26.02.05 There may be two or more related multi - family, hotel, motel or institutional buildings on a lot provided that (1) the required yards be maintained around the group of buildings, and (2) buildings that are parallel or that are within forty -five degrees (45 °) of being parallel be separated by a horizontal distance that is at least equal to the height of the highest building. 26.02.06 Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but any addition must provide the required yards. 26.02.07Required Front Yards in residential districts shall be devoted entirely to landscaped area except for Frontage Places, guest parking and the necessary paving of driveways and sidewalks to reach parking or loading areas in the Side or Rear Yard. The Minimum Front Yard of any Lot in a Subdivision utilizing relaxed Front Yard standards per Section 7.00.01 of the Subdivision Control Ordinance shall be as follows: A. Dwelling with attached, front - loading garage: Twenty (20) feet. Garage must be set back a minimum of twenty -five (25) feet. B. Dwelling with attached, side - loading garage: Fifteen (15) feet. Garage must be set back a minimum of twenty-five (25) feet. C. Dwelling with attached, rear - loading; or detached, alley- access garage: Ten (10) feet. 26.02.08 The minimum width of side yards for schools, libraries, churches, community buildings, and other public and semi - public buildings in residential districts shall be twenty-five (25) feet, except where a side yard is adjacent to a Business, Industrial or Manufacturing District, in which case the width of that yard shall be as required in the district in which the building is located. 26.02.09 Open, unenclosed porches (not under roof) or patios may extend ten (10) feet into a front yard. 26.02.10 Terraces which do not extend above the level of ground (first) floor may project into a required yard, provided these projections be a distance of at least two (2) feet from the adjacent side lot line. 26.02.11 No side yards are required where dwellings are erected above commercial and industrial structures, except such side yard is required for a commercial or industrial building on the side of a lot adjoining a residential district. 26.02.12 (Note: See Section 25.01) 26.02.13 (Note: See Section 26.02.02) 26.02.14 Sills, belt courses, window air - conditioning units, cornices, and ornamental features may project into a required yard a distance not to exceed twenty-four (24) inches. 26.02.15 (Note: See Section 25.19) 26.02.16 Normal roof overhang, open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues shall be permitted to project into required yards for a distance of not more than forty-eight (48) inches when so placed as to not obstruct light and ventilation. Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations 26 -2 as amended per Z -318, Z -320; Z -327; Z- 365 -01; Z- 369 -02; Z- 382 -02; Z- 453 -04; Z- 470 -05; Z- 478 -05 Summer 2005 vl • • • CARMEL 0000479 CITY OF CARMEL ZONING ORDINANCE 26.02.17 (Note: See Section 25.01.02) 26.02.18 unassigned 26.02.19 In Residential Districts: A. One -half of an alley abutting the rear of the lot may be included in the required rear yard. B. The measurement for the required front yard of any lot accessed via a frontage place may include the frontage place. C. Where twenty-five percent (25 %) or more of the lots of record in the block are occupied by buildings, the average setback of such buildings determine the dimension of the front yard in the block. D. Building lines or building setback lines established in a recorded subdivision shall establish the dimension of front yards in such subdivisions except such building setback lines shall not be less restricting than this Ordinance. 26.02.20 In Business, Industrial and Manufacturing Districts: A. One -half of an alley abutting the rear of a lot may be included in the rear yard but such alley space shall not be included for loading and unloading berths. B. Where twenty-five percent (25 %) or more of the lots of record in a block are occupied by buildings, the average setback of such buildings shall determine the dimension of the front yard in the block. C. Parking is permitted in the required front yard in the Business and Industrial Districts. 26.03 Additional Lot Area and Width Requirements. 26.03.01 Where a lot of record has less area than herein required in the district in which it is located, and was of record on December 21, 1957, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nevertheless be used for a dwelling or for any non - dwelling use permitted in the district in which it is located. 26.03.02 In no circumstances, other than on a lot of record, shall the minimum lot width and lot size be less than that provided by this Ordinance; however, the State Board of Health or the Hamilton County Board of Health may prescribe an increase in those minimums in accordance with their regulations. 26.03.03 Double frontage lots should not be platted except along arterial streets where lots may face on an interior street and back up to such thoroughfares. In that event, a planting strip easement, at least twenty (20) feet in width, shall be provided along the back of the lot. 26.04 Perimeter Buffering Requirements.' 26.04.01 The requirements of this Section shall apply to all Special Uses, Subdivision Plats, properties containing multi - family uses, and properties within all Business, Manufacturing, and Industrial districts, unless other buffer or perimeter planting standards are specified within an individual district or zone. 26.04.02 Where required, perimeter buffering shall be located along the front, side and rear lot lines of a lot/parcel and shall extend the entire length of the front, side and rear lot lines. 26.04.03 Where residential or other buildings back onto a public thoroughfare, buffer plantings shall occur outside of the public right -of -way, per the Tables below. 4 Section 26.04 adopted per Ordinance No. Z- 365 -01; as amended per Ordinance No. Z- 470 -05, §p. Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations 26 -3 as amended per Z -318, Z -320; Z -327; Z- 365 -01; Z- 369 -02; Z- 382 -02; Z- 453 -04; Z- 470 -05; Z- 478 -05 Summer 2005 vl CARMEL 0000480 CITY OF CARMEL ZONING ORDINANCE 26.04.04 Perimeter buffering shall not be located within any portion of a dedicated public street right -of- way, private street right -of -way, or County regulated drain easement. 26.04.05 Existing vegetation may be used to achieve project buffering if: (a) the vegetation located upon the subject parcel is of a quality and state of health to achieve buffering, and, (b) the vegetation is proposed to be preserved using accepted best management practices for tree protection during construction. 26.04.06 To determine the applicable bufferyard requirements: (a) Use the Table for Bufferyard Determination to identify the land use category of the proposed project use. Use the Table for Bufferyard Determination to identify the land use(s) of the adjoining properties, or identify the street classification adjoining the proposed use by referring to the Official Thoroughfare Plan of Carmel -Clay Township. (c) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject parcel by referring to the Table for Bufferyard Determination. (b) TABLE FOR BUFFERYARD DETERMINATIONS Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants required per one hundred linear foot increment. BUFFERYARD SINGLE FAMILY DUPLEX MULTI - FAMILY ACTIVE RECREATION INSTITIUTIOAL OFFICE; RETAIL WAREHOUSE; LT. INDUSTRY HEAVY INDUSTRY COLLECTOR STREET PARKWAY (Prim. or Sec.) ARTERIAL (Prim. or Sec.) EXPRESSWAY OR INTERSTANTE HIGHWAY SINGLE FAMILY DEVELOPMENT B C C D D D D D C D D D DUPLEX DEVELOPMENT C A C B B C C D B D D D MULTI - FAMILY DEVELOPMENT C C B B B C C D C D D D ACTIVE RECREATION D B B A C C C C B D D D INSTITUTIONAL D B B C A A C C B D D D OFFICE; RETAIL D C C C A A C D B D D D WAREHOUSE; LT. INDUSTRY D C C C C C A B B D D D HVY.INDUSTRY D D D C C D B B B D D D Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants required per one hundred linear foot increment. BUFFERYARD MINIMUM YARD WIDTH FRONT & SIDE REAR SHADE TREES ORNAMENTAL TREES SHRUBS* A 5' 10' 3 2 9 B 5' 10' 3 3 15 C 10' 20' 3 4 21 D 15' 25' 5 5 27 *Evergreen trees may substitute in lieu of shrubbery, on a 1:3 basis (1 conifer equals three shrubs) 5 Table for Bufferyard Determination amended per Ordinance No. Z- 470 -05, §q; Z- 478 -05, §d. Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations 26-4 as amended per Z -318, Z -320; Z -327; Z- 365 -01; Z- 369 -02; Z- 382 -02; Z- 453 -04; Z- 470 -05; Z- 478 -05 Summer 2005 vl • • CARMEL 0000481 • • • CITY OF CARMEL ZONING ORDINANCE CHAPTER 26: ADDITIONAL HEIGHT, YARD, LOT AREA AND BUFFERING REGULATIONS AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z -318 July 7, 1997 Z -320 July 7, 1997 Z -327 March 25, 1999? Z- 365 -01 76 -01a OA November 5, 2001 November 27, 2001 26.04 Z- 369 -02 160 -01 OA April 1, 2002 April 1, 2002 26.02.02; 26.02.12; 26.02.13; 26.02.15; 26.02.17; 26.02.18 Spring 2002 v2 Z- 382 -02 38 -02 OA July 15, 2002 July 15, 2002 26.02.07 Summer 2002 vl Z- 453 -04 150 -02 OA August 16, 2004 August 16, 2004 26.01; 26.02.07 Summer 2004 vl Z- 470 -05 04100026 OA February 21, 2005 February 21, 2005 26.04.01; 26.04.02; Bufferyard Table Winter 2005 v2 Z- 478 -05 05050010 OA July 18, 2005 July 18, 2005 Bufferyard Table Summer 2005 vl Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations 26 -5 as amended per Z -318, Z -320; Z -327; Z- 365 -01; Z- 369 -02; Z- 382 -02; Z- 453 -04; Z- 470 -05; Z- 478 -05 Summer 2005 vl CARMEL 0000482 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 27: ADDITIONAL PARKING & LOADING REGULATIONS 27.00 Additional Parking and Loading Regulations. 27.01 Computation of Number of Required Spaces. 27.02 Location of Required Parking Spaces. 27.03 Parking Facilities. 27.04 Additional Off - Street Loading Requirements. 27.05 Parking Dimension Design. 27.06 Bicycle Parking. 27.07 Zoning Waiver. 27.08 Amount of Parking Spaces Required. 27.00 Additional Parking and Loading Regulations.' 27.00.01 The required number of parking spaces for any use permitted in a district is set forth in Section 27.08. The required number of loading spaces for any use permitted in a district is set forth in the regulations for that district. The following regulations establish requirements for computing spaces, the location of spaces and minimum improvements. 27.01 Computation of Number of Required Spaces? In computing the number of required off - street and/or on- street parking spaces, the following rules shall apply: 27.01.01 Floor area shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking, as herein defined. 27.01.02 Where fractional spaces result, the parking spaces required shall be the nearest whole number. 27.01.03In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 27.01.04 The parking space requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation. 27.01.05 On- street parking spaces may be substituted at a rate of two on- street spaces per three required off - street spaces provided that the total number of parking spaces is not reduced by more than ten percent (10 %). 27.01.06 Whenever a building or use is reconstructed or is enlarged to the extent of twenty percent (20 %) or more in gross floor area, said building or use in its entirety shall then and thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than twenty percent (20 %) of the gross floor area shall be provided with additional parking based on the requirement for the enlargement or change. 1 Section 27.00 amended per Ordinance No. Z- 485 -05. 2 Section 27.01 titled per Ordinance No. Z- 453 -04, §ff; amended per Ordinance No. Z- 485 -05. Chapter 27: Additional Parking & Loading Regulations 27 -1 as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 453 -04; Z- 485 -05 Spring 2006 vl CARMEL 0000484 CITY OF CARMEL ZONING ORDINANCE 27.02 Location of Required Parking Spaces.' All parking spaces required herein shall be located as follows: 27.02.01 Off - street parking spaces may be located on an area within three hundred (300) feet of said building and two or more owners of buildings may join together in providing the required parking spaces. Where the required parking spaces are not located on the same lot with the building or use served, the usage of the lot or tract upon which said parking spaces are provided shall be restricted by an instrument of record describing the premises for which said parking is provided and assuring the retention of such parking so long as required by this Ordinance. 27.02.02Parking spaces in any Business, Industrial or Manufacturing District shall not be located closer than five (5) feet to any lot or parcel located in a residential district or used for residential purposes. 27.02.03 Parking spaces may be located on any part of a lot, unless otherwise specified herein. Parking spaces shall not be located in any required greenbelt or lawn area. 27.02.040n- street parking spaces which are counted toward total requirement must be located in the right - of -way immediately adjacent to the lot. 27.03 Parking Facilities.' 27.03.01 All parking lots shall be paved with hot mix asphalt or concrete installed in accordance with the current standards of the City of Carmel. A waiver from the requirement for hot mix asphalt or concrete surfaces shall be considered if hot mix asphalt or concrete porous pavement is proposed as an on -site stormwater quality best management practice or as a component of the detention facility. Dimensions of parking spaces for on- street parking facilities, off - street parking facilities, including parking garages or other structures, shall be in accordance with the current standards of the City of Carmel. 27.03.02 The perimeter of all parking lots, and any islands located therein, shall be curbed with Combined Curb and Gutter Type II, Combined Curb and Gutter Type III or Straight Concrete Curb meeting the current standards of the City of Carmel. A waiver from the requirement for perimeter or island curbing shall be considered if the proposed on -site storm water quality best management practices require that curbing, or portions thereof, not be installed. A stormwater collection, conveyance, detention and treatment system, designed in accordance with applicable City Standards, Policies and Ordinances, shall be installed for all parking lots. Traffic control within all parking lots shall be by means of curbed islands. Pavement markings and traffic control devices shall conform to the requirements of the Indiana Manual of Uniform Traffic Control Devices, latest revision. 27.03.03 A shelter for the use of a parking lot attendant may be maintained on the lot. 27.04 Additional Off - Street Loading Requirements. In all cases where the off - street loading space is located in a manner that a truck must back directly from a major street into a loading space, a maneuvering space of not less than fifty (50) feet in depth shall be provided on the lot on which the commercial, industrial or manufacturing use is located. 3 Section 27.02 amended per Ordinance No. Z- 366 -01; Z- 369 -02; §bi; Z- 485 -05. 4 Section 27.03 amended per Ordinance No. Z- 365 -01; Z- 485 -05. Chapter 27: Additional Parking & Loading Regulations 27 -2 as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 453 -04; Z- 485 -05 Spring 2006 vl • • • CARMEL 0000485 CITY OF CARMEL ZONING ORDINANCE 27.05 Parking Dimension Design.' 27.05.01 Required Parking Dimensions Table. Angle Width Curb One Way Two Way Stall Length Aisle Width Aisle Width Depth 0° 23' 23' 12' 20' 9' 30° 9' 18' 12' 20' 15' 45° 9' 12' 9" 15' 22' 16' 60° 9' 10' 5" 18' 24' 17 90° 9' 9' 20' 25' 18' 27.05.02Required Parking Dimensions Diagram. 27.06 Bicycle Parking.6 To add another viable means of transportation to our community, better facilities for the parking of bicycles must be provided. It is the purpose of this Section to provide adequate and safe facilities for the storage of bicycles. With this goal in mind the provision for an ample number of properly located and secure bicycle facilities is a vital building block in the development of a compatible, attractive bicycling network. 27.06.01 The bicycle parking requirements in this Section shall apply to new development and/or building expansions requiring Commission or Board approval. 27.06.02 The required number of bicycle parking spaces shall be provided as follows: A. For multi family residences, there shall be a minimum of one (1) bicycle parking space for every three dwelling units. B. In the case of commercial or retail venues, bicycle parking spaces shall be required at a rate of five (5) bicycle parking spaces per one hundred (100) required automobile parking spaces, unless in a specific case the Transportation Systems Coordinator has deemed that less bicycle parking is needed. C. The minimum number of bicycle parking spaces to be provided at each site is four (4). The maximum number of bicycle parking spaces to be required is forty (40). 5 Section 27.05 re- titled per Ordinance No. Z- 485 -05. 6 Section 27.06 adopted per Ordinance No. Z- 485 -05. Chapter 27: Additional Parking & Loading Regulations 27 -3 as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 453 -04; Z- 485 -05 Spring 2006 vl CARMEL 0000486 CITY OF CARMEL ZONING ORDINANCE D. Recreational areas shall provide bicycle parking spaces at a rate of thirty (30) bicycle parking spaces per one hundred (100) required automobile parking spaces. E. Educational institutions shall have 1 bicycle parking space per 20 students kindergarten through 5th grade. Institutions with grades 6th through 8th shall have 1 bicycle parking space per 30 students. Institutions having children 9th through the 12th grade shall have 1 bicycle parking space per 50 students. F. Exemptions to the above guidelines shall apply to the following establishments. Single and Two - Family dwellings, warehousing and distribution, mortuaries, auto service, day care centers, car washes, drive up establishments and airports. Exemptions may also be considered for establishments where it can be clearly demonstrated that it is not a destination for the general public utilizing bicycles, as determined by the Transportation Systems Coordinator. 27.06.03 The location and design of bicycle parking spaces shall be provided as follows: A. The parking device must be an inverted U -type or an A -type structure unless otherwise approved by the Transportation Systems Coordinator (TSC). An approved list of usable structures can be obtained from the office of the TSC. (Diagram 1) B. Structures requiring a user supplied locking device shall be designed to accommodate both a chain and U -type locking device and shall have the capability to support the bicycle at two locations. C. All racks must be coated with a Thermoplastic powder coating, and the Transportation Systems Coordinator must approve the color of the racks. D. All racks shall be securely anchored to the ground to prevent the racks from unauthorized removal. E. The bicycle parking areas must have adequate separation from motor vehicle parking areas to protect parked bicycles from damage by the motor vehicles and to prevent damage to motor vehicles. The separation can come from grade differences, landscaping, poles, physical barriers or other similar features. F. The bicycle parking areas must be installed on a hard dustless surface that allows the parking structure to be securely fastened to the ground. G. Bicycle parking spaces shall be a minimum of 2 feet by 6 feet per bicycle. (Diagram 2) H. Bicycle racks must be installed a minimum of 24 inches from all walls or obstructions. (Diagram 2) I. Bicycle racks mounted in a row should be placed on 30 -inch centers. (Diagram 2). J. Bicycle racks must also have a minimum of 5 feet of clearance behind the bicycle to allow for room to maneuver. (Diagram 2) K. The bicycle rack shall be placed within fifty (50) feet of the entrance designated as the main entrance of the building for which the racks are required. The bicycle parking areas should be located in a clearly safe and convenient location as to not discourage their use. L. Bicycle parking areas shall be easily accessible from all trails, sidewalks and other alternative transportation facilities. Access to bicycle racks from these facilities shall be direct and clearly designated. M. Bicycle parking can be shared by two venues in the case that all of the venues' entrances are within fifty (50) feet of another. N. Bicycle racks should be placed so as to not impede the flow of pedestrian traffic but still possess the ability to be visually monitored. Chapter 27: Additional Parking & Loading Regulations 27-4 as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 453 -04; Z- 485 -05 Spring 2006 vl • • • CARMEL 0000487 CITY OF CARMEL ZONING ORDINANCE 27.07 Zoning Waiver.' 27.07.01 The Commission may, after a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by no greater than thirty-five (35 %). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall be in harmony with the purposes of its respective zoning and land use requirements and the parking requirements contained in this chapter. B. The proposal shall enhance the overall Development Plan, the adjoining streetscapes and neighborhoods. 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. D. The proposal shall not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. E. The proposal must exhibit extraordinary site design characteristics, including, but not limited to: increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. F. The Commission may consider a zoning waiver to allow shared parking on adjacent sites, provided that the following conditions are met: 1. The petitioner demonstrates a difference in peak parking demand or if the different owners share the same patrons or if it is demonstrated that the total parking demand at any one time would be adequately served by the total number of parking spaces. 2. A contractual development agreement between the sharing property owners is provided and approved by the commission. Any existing contracts involving any of the sharing property owners shall be provided for review. 3. Any changes in shared parking agreements or circumstances shall require Commission review of a new zoning waiver. ' Section 27.07 adopted per Ordinance No. Z- 485 -05. Chapter 27: Additional Parking & Loading Regulations 27 -6 as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 453 -04; Z- 485 -05 Spring 2006 v i • • • CARMEL 0000489 CITY OF CARMEL ZONING ORDINANCE 27.08 Amount of Parking Spaces Required.' Off - street parking spaces shall be provided and maintained for all uses in accordance with the following minimum requirements, unless otherwise specified herein: Use: Parking Requirements: Art gallery One space per 300 sq. ft. of floor area Art and music center One space per 300 sq. ft. of floor area Automobile service station One space per pump plus one space per service bay Automobile or truck repair Two spaces per service bay Boarding or lodging house One space per bed Bowling Alley Five spaces per lane Bus /Transit Stop or railroad passenger train One space per employee plus one space per seat in waiting area Carnivals, fairs, circuses, etc. Fifty spaces per acre Catering establishment One space per 200 sq. ft. of floor area Church, temple or other place of worship One space per four (4) seats in the main place of assembly Clinic or medical health center One space per 250 sq. ft. of floor area College or University One space per 4 students, based on maximum capacity Coke Ovens/Brick Yards/Kilns /Open One space per employee Hearth/Blast Furnace Commercial greenhouse One space per 1,000 sq. ft. of floor area Commercial Kennel Four spaces Commercial parking lot One additional space per employee Commercial Recreational Facility, Park, or One space per 200 sq. ft. of interior area plus one Community Center space per 5,000 sq. ft. of outdoor area Commercial Sewage, Trash, Garbage Disposal One space per employee or Recycling Plant Conference /Civic Center One space for the largest shift of employees plus one (1) space per 150 sq. ft. of floor area. Country Club One space per 200 sq. ft. of floor area Day Nursery/Day Care One space per employee plus one space per six students Dry cleaning establishment One space per 300 sq. ft. of floor area Dwelling, Attached Two spaces per dwelling unit (excluding private garage) plus one space per 7 dwellings 8 Section 27.08 amended per Ordinance No. Z- 485 -05. Chapter 27: Additional Parking & Loading Regulations 27 -7 as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 453 -04; Z- 485 -05 Spring 2006 vl CARMEL 0000490 CITY OF CARMEL ZONING ORDINANCE Dwelling, Multiple Family Dwelling, Single Family Dwelling, Two Family Equipment Sales/Repair (Indoor) Funeral Home /mortuary/crematory General Agriculture (Farm) Golf Course Grain elevator Helicopter or Airplane Landing/Service Facility Home occupation Hospital Hotel, motel Indoor theater Industrial establishments, light or heavy Kindergarten/Pre - School Lumber or building materials sales Manufacturing Facilities Mineral extraction, borrow pit, top soil removal and their storage Mobile home court Nursing, retirement or convalescent facility Office, Call Center Office, General Two spaces per dwelling unit plus one space per 7 dwellings Two spaces per dwelling unit (excluding private garage) Two spaces per dwelling unit (excluding private garage) One space per 300 sq. ft. of floor area One space per 50 sq. ft. of public floor area none Six spaces per hole One space per 300 sq. ft. of floor area plus one space per elevator One space per employee plus adequate additional spaces related to terminal use as approved by the Board One additional space per 200 sq. ft. of dwelling devoted to home occupation One space per bed plus one space per employee One space per room or suite One space per two seats Two spaces per three employees or one space per 300 sq. ft. of floor area, which ever is greater, plus sufficient space to accommodate all trucks or other vehicles used in connection therewith One space per employee plus one space per six students One space per 300 sq. ft. of interior area plus one space per 500 sq. ft. of exterior area Two spaces per three employees or one space per 500 sq. ft. of floor area, whichever is greater, plus sufficient space to accommodate all trucks or other vehicles used in connection therewith One space per employee Two spaces per mobile home One space per bed plus one space per employee One space per 150 sq. ft. of floor area One space per 250 sq. ft. of floor area Chapter 27: Additional Parking & Loading Regulations 27 -8 as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 453 -04; Z- 485 -05 Spring 2006 vl • CARMEL 0000491 • • CITY OF CARMEL ZONING ORDINANCE Outdoor theater Penal or correctional institution Plant nursery Post Office or postal station Power Generating Plant Printing/Publishing Establishment Private club or lodge Private Recreational Facility Private water treatment and/or storage facilities Professional office Public Service Facility or Governmental Facilities Radio and/or television studio Radio or television transmission tower Recreational Vehicle/Mobile Home/Farm Implement/AutomobileBoat Sales Research laboratory Residential Kennel Restaurant, with Walk - Up/Drive -Thru Food Sales Restaurant, without Drive -Thru Food Sales Retail Sales /General Service Riding stable Sanitary Landfill, Junk Yard, Salvage Yard School of general elementary or secondary education (accredited by the state) One space per three seats or maximum capacity of guests One space per employee plus one space per five inmates One space per 300 sq. ft. of indoor area plus one space per acre One space per official vehicle plus one space per employee plus one space per 500 sq. ft. of floor area One space per employee One space per 300 sq. ft. of floor area One space per 200 sq. ft. of floor area plus one space per two seats (seating capacity) in main place of assembly One space per 200 sq. ft. of interior area plus one space per5,000 sq. ft. of outdoor area One space per employee One space per 300 sq. ft. of floor area One space per 250 sq. ft. of floor area or (option) one space per 500 sq. ft. of floor area and one reserved space per 500 sq. ft. of floor area, plus sufficient space to accommodate all trucks or other vehicles used in connection therewith One space per 300 sq. ft. of floor area One space per employee One space per 300 sq. ft. of indoor area plus one space per 2,000 sq. ft. of outdoor sales area One space per 250 sq. ft. of floor area (no additional requirements) One space per 50 sq. ft. of floor area One space per every 2.5 patron seats, plus one space per employee per largest shift One space per 200 sq. ft. of floor area One space per stall One space per employee One space per employee plus two spaces per classroom(elementary) or ten spaces per classroom (secondary) Chapter 27: Additional Parking & Loading Regulations 27 -9 as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 453 -04; Z- 485 -05 Spring 2006 vl CARMEL 0000492 CITY OF CARMEL ZONING ORDINANCE School, Trade or Business One space per 2 students, based on maximum capacity Self- service laundry One space per 200 sq. ft. of floor area Shooting gallery One space per 1000 sq. ft. of floor area Stadium or coliseum One space per four seats Storage, Warehousing, or Distribution One space per employee Tavern or night club One space per 100 sq. ft. of floor area Veterinary Hospital One space per 300 sq. ft. of floor area Wholesale Facility One space per 300 sq. ft. of floor area Wholesale sales One space per employee plus one space per 600 sq. ft. of sales floor area Chapter 27: Additional Parking & Loading Regulations 27 -10 as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 453 -04; Z- 485 -05 Spring 2006 vl • • CARMEL 0000493 • • CITY OF CARMEL ZONING ORDINANCE CHAPTER 27: ADDITIONAL PARKING & LOADING REGULATIONS AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z- 365 -01 76 -Ola OA November 5, 2001 November 27, 2001 27.3; 27.3.1; 27.3.2 Z- 366 -01 76 -01b OA n/a November 28, 2001 27.2.5 Spring 2002 vl Z- 369 -02 160 -01 OA April 1, 2002 April 1, 2002 27.2.5 Spring 2002 v2 Z- 453 -04 150 -02 OA August 16, 2004 August 16, 2004 27.01 Summer 2004 vl Z- 485 -05 05090001 OA March 6, 2006 March 6, 2006 27.00; 27.01; 27.02; 27.03; 27.05; 27.06; 27.07; 27.08 Spring 2006 vl Chapter 27: Additional Parking & Loading Regulations 27 -11 as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 453 -04; Z- 485 -05 Spring 2006 vl CARMEL 0000494 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 28: NONCONFORMING USES & EXEMPTIONS 28.00 Nonconforming Uses and Exemptions. 28.01 Legal Nonconforming Use Specifications. 28.02 Illegal Nonconforming Use Specifications. 28.03 Nonconforming Use in a FP, FW or FF District. 28.04 Nonconformance Exemptions. 28.05 Intermittent Use. 28.06 Existence of a Nonconforming Use. 28.07 Exemptions. 28.00 Nonconforming Uses and Exemptions. 28.01 Legal Nonconforming Use Specifications. A legal nonconforming use may be continued, although such use does not conform to all the provisions of this Ordinance, as hereinafter provided: 28.01.01A legal nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law. Existing residences in the various Business and Industrial Districts may be structurally altered and expanded. 28.01.02A legal nonconforming use may be changed to another legal nonconforming use of the same restrictions, provided no structural alterations are made in the building. Whenever a legal nonconforming use has been changed to a conforming use, it shall not thereafter be changed to a legal or an illegal nonconforming use. 28.01.03 No building shall be erected upon any premises devoted to a legal nonconforming use, except in conformance with the applicable provisions of this Ordinance. 28.01.04Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit or Improvement Location Permit has been heretofore issued, and the construction of which has commenced and has been diligently pursued within one (1) year of the date of issuance of such permit, and which entire building shall be completed according to such plans within three (3) years from the date of passage of this Ordinance. 28.01.05 In the event that a legal nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of said building or premises shall thereafter conform to the applicable provisions of this Ordinance. 28.01.06Existing uses eligible for special use approval shall not be considered legal nonconforming uses nor require special use approval for continuance but shall require special use approval for any alteration, enlargement or extension. 28.01.07 These provisions shall apply in the same manner to any use which may become a legal nonconforming use due to a later amendment to this Ordinance. Chapter 28: Nonconforming Uses & Exemptions 28 -1 as amended per Z- 470 -05 Winter 2005 v2 CARMEL 0000496 CITY OF CARMEL ZONING ORDINANCE 28.02 Illegal Nonconforming Use Specifications. An illegal nonconforming use shall not be validated by the adoption of this Ordinance. 28.03 Nonconforming Use in a FP, FW or FF District. A legal or illegal nonconforming use located in a FP, FW or FF District shall not be expanded or enlarged without a permit for construction from the Indiana Natural Resources Commission plus adherence to the appropriate restrictions herein. 28.04 Nonconformance Exemptions. A building nonconforming only as to height, lot area or yard requirements may be altered or extended, provided that an extension meets all of the height, yard and other applicable provisions of this Ordinance. 28.05 Intermittent Use. The casual, intermittent, temporary or illegal use of land, buildings or premises shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract. 28.06 Existence of a Nonconforming Use. In circumstances where there is question whether or not a nonconforming use exists, it shall be considered a question of fact and shall be decided by the Board following public notice and a public hearing in accordance with the Rules of Procedure of the Board. 28.07 Exemptions.' The following structures and uses shall be exempt from the provisions of this Ordinance: 28.07.01 Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water and the collection of sanitary sewage or surface water operated and/or maintained by a government entity or a public utility, including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during construction, whether any such facility is located underground or above ground, but only when such franchised utility facilities are located in a street right -of -way or in an easement less than twenty-five (25) feet in width. The provisions of this Ordinance shall be complied with on all private property and in easements twenty -five (25) feet in width and over. 28.07.02Railroad tracks, rights -of -way signals, bridges and similar facilities and equipment located on a railroad right -of -way, and maintenance and repair work on such facilities and equipment. 28.07.03 Farms, as defined herein, are permitted in all districts. Dwellings and major (over 400 square feet) accessory buildings are subject to obtaining Improvement Location Permits for construction. 28.07.04Nothing in this Ordinance shall prevent the restoration of a building or structure destroyed less than forty percent (40 %) of its square footage at the time of such destruction (exclusive of the value of the lot) by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Ordinance; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed Section 28.07 amended per Ordinance No. Z- 470 -05, §r. Chapter 28: Nonconforming Uses & Exemptions 28 -2 as amended per Z- 470 -05 Winter 2005 v2 • CARMEL 0000497 CITY OF CARMEL ZONING ORDINANCE at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less than forty percent (40 %) and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed forty percent (40 %) or more shall be subject to obtaining an Improvement Location Permit and payment of fees. 28.07.05 All City of Carmel and Clay Township governmental facilities and buildings are exempt from the zoning requirements and procedures listed herein. Chapter 28: Nonconforming Uses & Exemptions 28 -3 as amended per Z- 470 -05 Winter 2005 v2 CARMEL 0000498 CITY OF CARMEL ZONING ORDINANCE CHAPTER 28: NONCONFORMING USES & EXEMPTIONS AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z- 470 -05 04100026 OA February 21, 2005 February 21, 2005 28.07.04 Winter 2005 v2 Chapter 28: Nonconforming Uses & Exemptions 28 -4 as amended per Z- 470 -05 Winter 2005 v2 • CARMEL 0000499 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 29: ADMINISTRATION 29.00 Administration. 29.01 The City Council. 29.02 The Commission. 29.03 The Board. 29.04 The Director. 29.05 The Clerk - Treasurer. 29.06 Filing Fees. 29.07 Parks and Recreation Impact Fees. 29.00 Administration. 29.01 The City Council.' The authority and duties of the City Council established by this Ordinance and detailed herein are: 29.01.01 Consider amendments to the written zoning regulations? 29.01.02 Consider amendments to the Official Zoning Map.3 29.02 The Commission.' The authority and duties of the Commission established by this Ordinance and detailed herein are: 29.02.01 Advise the City Council in writing on amendments to the written zoning regulations.5 29.02.02Advise the City Council in writing on amendments to the Official Zoning Map .6 29.02.03 Consider Development Plan and ADLS applications for all applicable Primary Zoning Districts.? 29.02.04 Consider DP and ADLS applications for Overlay Zone Districts.8 1 Section 29.01 amended per Ordinance No. Z- 453 -04, §fg. 2 See Section 31.06.02: Proposals to Amend or Partially Repeal the Text of the Ordinance. 3 See Section 31.06.03: Proposals to Change the Zone Maps Incorporated into the Ordinance. 4 Section 29.02 amended per Ordinance No. Z- 453 -04, §fh -fi. 5 See Section 31.06.02: Proposals to Amend or Partially Repeal the Text of the Ordinance. 6 See Section 31.06.03: Proposals to Change the Zone Maps Incorporated into the Ordinance. 7 See Chapter 24: Planned District Regulations. 8 See Chapters 23A, 23B, 23C, 23D and 23E. Chapter 29: Administration 29 -1 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl CARMEL 0000501 CITY OF CARMEL ZONING ORDINANCE 29.03 The Board.' The authority and duties of the Board established by this Ordinance and detailed herein are: 29.03.01 Consider Special Use and Special Exception applications.'° 29.03.02 Consider variance applications." 29.03.03 Consider appeals.12 29.03.04Final interpretation of zoning district boundaries.13 29.03.05 Make decisions concerning the existence of nonconforming uses.14 29.04 The Director.15 29.04.01 It shall be the duty of the Director to administer and enforce this Ordinance. All permits, Certificates of Occupancy and so forth are issued by the Director, and he shall be responsible for determining that all such permits required herein are in compliance with the terms of this Ordinance. He shall receive applications required by this Ordinance, furnish prescribed documents and forms, issue notices or orders as may be necessary, regulate and administer all matters pertaining to zoning, subdivision and signage control within the jurisdiction of the Commission, including the retention of all records related thereto with the exception of official documents required to be retained by the Clerk - Treasurer. All such records shall be open to public inspection during normal office hours, but shall not be removed from the office of the Director. 29.04.02 Improvement Location Permits and Certificates of Occupancy. See Carmel City Code; Chapter 7: Building Code; Article 3: Specific Regulations. 29.04.03 unassigned. 29.04.04 Records of the Director. The Director shall retain records of the following items: 1. Copies of Improvement Location Permits plus associated building permits and informational materials. 2. Copies of Certificates of Occupancy, both permanent and temporary. 3. Copies of demolition permits. 4. Approved and signed subdivision plat mylars. 5. Approved and signed Development Plans. 6. Files on all activities of the Board of Zoning Appeals, the City Council and the Plan Commission, such as for the subdivision platting process, appeals, variances, special uses, Development Plans, zoning amendments (text and map changes), nonconforming use determinations and zoning district boundary determinations. Said files should include, but not be limited to, application forms, newspaper published legal notices, record of the notice to adjoining and abutting property owners, plans and other required or necessary information concerning the application and minutes of the applicable body that pertain to the application. 9 Section 29.03 amended per Ordinance No. Z- 365 -01. 10 See Chapter 21: Special Uses & Special Exceptions. 11 See Sections 30.04: Variances and 30.05: Variance Procedure. 12 See Sections 30.01: Appeals to the Board and 30.02: Appeal Procedure. 13 See Section 4.06: Interpretation of the Zoning Map. 14 See Section 28.06: Existence of a Nonconforming Use. 15 Section 29.04 amended per Ordinance No. Z- 434 -03; Z- 453 -04, fn. Chapter 29: Administration 29 -2 as amended per Z-351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl • CARMEL 0000502 • • CITY OF CARMEL ZONING ORDINANCE 29.05 The Clerk- Treasurer.16 It shall be the duty of the Clerk- Treasurer to retain the official copy of the Zoning Ordinance and all amendments thereto and the Official Zoning Map. All official zoning materials shall be available for public viewing in the office of the Clerk- Treasurer during normal office hours. 29.06 Filing Fees." Applications and petitions filed pursuant to the provisions of this Ordinance shall be accompanied by the filing fees hereinafter specified, and shall be paid to the City of Carmel and collected by the Department. On or before December 315` of each year, the Director shall determine if there has been an increase in the Consumer Price Index (United States city average) prepared by the United States Department of Labor, by comparing the arithmetic mean of the Index for July, August, and September of the current year with the same three -month period of the preceding year. If there has been an increase, the increase shall be stated as a percentage of the arithmetic mean for the three -month period of the year preceding the current year (the Adjustment Percentage). The Adjustment Percentage shall be rounded to the nearest one -tenth of one percent (0.1 %) and may not exceed four percent (4 %), unless otherwise provided by ordinance. Whenever the Director determines that there has been an increase, the Director may make a corresponding adjustment to the filing and inspection fees (including late fees) that are assessed under this Section 29.06, in order to recoup increases in personnel and administrative costs within the Department. However the adjustment may not be greater than the Adjustment Percentage determined under this paragraph. The adjusted fees as determined by the Director under this paragraph take effect on January 15t of the succeeding year. 29.06.01 Filing Fees.18 1. Primary Plat 2. Amended Plat or Replat (Primary, Secondary or Plat Vacation) 3. Secondary Plat 4. Lot Split 5. Zoning Ordinance Amendment (text or map /rezone) 6. PUD Ordinance 7. Development Standards Variance: a. Single - family (primary residence) b. All other 8. Use Variance /Special Exception $834.00 plus $111.00 per lot $277.50 plus $111.00 per lot $834.00 plus $111.00 per lot $277.50 $834.00 plus $111.00 per acre $2698.00 plus $111.00 per acre a. $270.00 plus $83.00 for each additional variance request b. $1056.00 plus $500.00 for each additional variance request $1389.00 plus $111.00 per acre 16 Section 29.05 amended per Ordinance No. Z- 453 -04, §fo. 17 Section 29.06 amended per Ordinance No. Z -351; Z- 365 -01; Z- 419 -03, §b; 2005 CPI Adjustment; Z- 470 -05, §s; 2006 CPI Adjustment; 2007 CPI Adjustment. 18 Fees in Section 29.06.01 effective January 2, 2007 per 2007 CPI Adjustment. Chapter 29: Administration 29 -3 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 v CARMEL 0000503 CITY OF CARMEL ZONING ORDINANCE 9. Subdivision Regulations Waiver 10. Special Use & Special Use Amendment 11. Development Plan 12. Amended Development Plan 13. Appeal 14. Architectural Design, Lighting, and Sign Approval 15. Amended ADLS a. Sign only b. Building/site 16. Condominium Review (formerly Horizontal Property Regime) 17. Commitment Amendment 18. Site Plan & Design Review a. Residential petition b. Commercial petition 19. Technical Advisory Committee 20. Traffic Impact Analysis Review 21. Traffic Study Review 22. Zoning Certificate 23. Time Extension Review (time extension to begin construction, or extension for project completion) 24. Re- Review Fee (when previously identified issues have not been corrected or plans are so poorly conceived and prepared that review cannot take place, a Re- review fee will be assessed.) $834.00 plus $389.00 for each additional waiver request $834.00 plus $111.00 per acre $834.00 plus $111.00 per acre $834.00 plus $111.00 per acre $138.50 $834.00 (plus $111.00 per acre when not accompanied by a Development Plan) a. $277.50 plus $55.50 per sign b. $556.00 plus $55.50 per acre $1111.00 plus $111.00 per lot $1111.00 per commitment a. $138.50 b. $389.00 $277.50 $834.00 $1668.00 $83.00 (no charge if for primary residence) $166.00 $166.00 per Re- review Chapter 29: Administration 29-4 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl • • CARMEL 0000504 • • CITY OF CARMEL ZONING ORDINANCE 25. BZA Hearing Officer a. Residential petition b. Commercial petition 26. Land Disturbance Permit 27. Sexually Oriented Business Permit a. $138.50 plus $83.00 for each additional variance request b. $556.00 plus $277.50 for each additional variance request $138.50 plus $27.75 per acre $1111.00 Annual Permit 29.06.02 Improvement Location Permit Fees (filing, inspection fees, and Certificates of Occupancy (C /O) are required on all new construction).19 1. Industrial, Institutional, and Commercial: Structures, additions, swimming pools, and accessory buildings (including public buildings and private schools) 2. Single - family 3. Two - family dwelling 4. Multi- family dwelling (of any construction type or ownership classification) 5. Dwelling Additions 6. Detached garage or carport 7. Residential accessory buildings or structures with or without permanent foundations (excluding all residential accessory buildings under 120 sq. ft., farm buildings under 400 sq. ft.) 19 Fees in Sections 29.06.02- 29.06.09 effective April 2, 2007 per 2007 CPI Adjustment. $404.00 plus $0.20 per gross sq. ft., plus applicable inspections. $404.00 plus $0.10 per sq. ft. plus applicable inspections. $404.00 plus $0.10 per sq. ft. over 2500 sq. ft. of total floor area, plus applicable inspections. $404.00 plus $277.50 per unit, plus applicable inspection fees. $138.50 plus $0.12 per sq. ft, and applicable inspection fees. $138.50 plus applicable inspection fees. $83.00 plus $0.10 per sq. ft. over 150 sq. ft. of total floor area, plus applicable inspection fees. Chapter 29: Administration 29 -5 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl CARMEL 0000505 CITY OF CARMEL ZONING ORDINANCE 8. Structural Modification (Exterior or Interior Remodeling): a. Residential b. Commercial, Industrial & Institutional c. Moving or changing location of building or structure (except mobile homes and other building with non- permanent foundations) 9. Residential Swimming Pool: Single- family residential (Excluding portable pools two feet, nine inches (2' 9 ") or less in depth) 29.06.03 Other Fees. 19 1. Temporary Use Permit (up to eighteen -month temporary permit) Temporary Use Extension Temporary Sign 2. 3. 4. Special Event Permit (five -day permit) 5. Special Event Extension (up to five (5) days) 6. Sign permit application 7. Sign installation — Improvement permit 8. Time Extension Review (one time extension to start construction, or one time extension for finishing construction) a. $138.50, plus applicable inspection. b. $294.00, plus $0.20 per sq. ft. and applicable inspection fees. c. $138.50, plus inspection fees. $277.50 plus $0.10 per sq. ft. of total pool area plus patio area, plus applicable inspection fees. $277.50, plus applicable inspection fees $83.00 up to six (6) months $83.00 $138.50 $83.00 $83.00 $33.25 per sign face plus $1.76 per sq. ft. $166.00 Chapter 29: Administration 29 -6 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl • • • CARMEL 0000506 • • CITY OF CARMEL ZONING ORDINANCE 9. Re- Review Fee (when previously identified issues have not been corrected or plans are so poorly conceived and prepared that review cannot take place, a Re- review fee will be assessed.) a. Residential a. $138.50 b. Commercial b. $277.50 10. Plan Amendment (Modifications of scope of work after permit has been issued) a. Residential a. $138.50 b. Commercial b. $277.50 11. Record Research/Plan Retrieval $55.50 per request (no charge if for primary residence) 29.06.04 Certificate of Occupancy Fees.19 1. Residential $55.50 per dwelling unit. 2. Industrial, Commercial and Institutional Buildings $111.00 per leased section. 3. Partial CIO a. Residential a. $111.00 b. Commercial b. $222.00 4. Temporary C/O a. Residential a. $27.75 b. Commercial b. $55.50 5. Certificate of Substantial Completion 29.06.05 Demolition Permit Fees.19 Demolition or removal of buildings or structures $111.00 $138.50 for the first building or structure plus $83.00 for each additional building or structure. Chapter 29: Administration 29 -7 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl CARMEL 0000507 CITY OF CARMEL ZONING ORDINANCE 29.06.06 Inspections (Additional).19 1. Footing and underslab plumbing: a. Residential a. $57.50 per inspection. b. Commercial/Industrial b. $104.00 per inspection. 2. Electrical — New meter base, meter base relocation, and panel upgrades: a. Residential b. Commercial/Industrial a. $57.50 per inspection. b. $104.00 per inspection. 3. Bonding and Grounding (pools) a. Residential a. $57.50 per inspection. b. Commercial b. $104.00 per inspection. 4. Rough -in (electrical, plumbing, heating and air conditioning): a. Residential b. Commercial/Industrial a. $57.50 per inspection. b. $104.00 per inspection. 5. Final structure: a. Residential a. $57.50 per inspection. b. Commercial/Industrial b. $104.00 per inspection. 6. Final site: a. Residential a. $57.50 per inspection. b. Commercial/Industrial b. $104.00 per inspection. 7. All Other Inspections: a. Residential a. $57.50 per inspection. b. Commercial/Industrial b. $104.00 per inspection. 8. Duplicate Permit Placards $16.50 each. 29.06.07 Late Fees for Permits.19 Late fees shall be assessed for construction started prior to obtaining required permits: 1. Single - family Twice Normal Fee. 2. Multi - family Twice Normal Fee. 3. Commercial Twice Normal Fee. 4. Institutional Twice Normal Fee. Chapter 29: Administration 29 -8 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl • CARMEL 0000508 • CITY OF CARMEL ZONING ORDINANCE 5. Industrial 6. All Other (including signs, pools, accessory buildings, porches, room additions, barns, or storage buildings, etc.) Twice Normal Fee. Normal Fee + $111.00 late fee within five (5) days after official notice of the violation from the Department. The fee will be increased by $27.75 per day as long as the violation continues, up to, but not to exceed $2500.00. 29.06.08 Late Fees on Inspections.19 Late fees shall be assessed on missed inspections, including occupancy without a CIO, in the following fashion: 1. Single - family, Two - family 2. Multi - family 3. Commercial 4. Institutional 5. Industrial 6. Other Each Violation: $834.00 $1111.00 $1111.00 $1111.00 $1111.00 $ 556.00 Additional permits will not be issued by the Department to any individual, firm, or corporation until all previously required permits, inspections and Certificates of Occupancy have been issued and all fees paid. 29.06.09Builder Application.19 Builder Application $138.50 annual fee 29.06.10 Exemptions from Fees. The listed fees are waived for all City of Carmel, Clay Township and Carmel/Clay School System buildings or facilities. Chapter 29: Administration 29 -9 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vi CARMEL 0000509 CITY OF CARMEL ZONING ORDINANCE 29.07 Parks and Recreation Impact Fees.20 Adopted and approved on March 7, 2005, and effective on and after September 7, 2005, as set forth in Section 29.07.14. 29.07.00 Title. This ordinance shall be referred to and known as the Parks and Recreation Impact Fee Ordinance (the "PRIF Ordinance ") for Carmel/Clay Township, Hamilton County, Indiana. 29.07.01 Definitions. Terms used in this Ordinance are defined in Chapter 3: Definitions. 29.07.02 Establishment of Impact Zone. There is hereby established one Parks and Recreation Infrastructure Impact Zone, the borders of which are coterminous with the boundaries of Clay Township, Hamilton County, Indiana, and, over which the City of Carmel exercises planning and zoning jurisdiction pursuant to IC 36 -7-4- 205. In this regard, the Council specifically finds that there is a functional relationship between the components of the Park and Recreation Master Plan and the 2005 -2010 Zone Improvement Plan, as each is amended from time to time, and that such plans will provide a reasonably uniform benefit to all of the citizens throughout the Impact Zone. The Council further finds that all areas within the Impact Zone are contiguous as required in IC 36 -7-4 -1316. Except as provided below, this PRIF Ordinance shall apply uniformly to all developments within the Impact Zone hereby established for which the City of Carmel and Clay Township may require an improvement location permit and which create a need for new and additional Parks and Recreation Infrastructure. This PRIF Ordinance shall not apply to: (1) improvements which do not require an Improvement Location Permit; (2) improvements which do not create a need for new and additional Parks and Recreation Infrastructure, including the erection of a sign, construction of accessory buildings, structures or fences or the alteration, renovation or expansion of an improvement where the use, or intensity thereof, has not changed; or (3) the replacement of destroyed or partially destroyed improvement, provided that the replacement improvement does not create a need for new and additional Parks and Recreation Infrastructure over and above the infrastructure needed by the original improvement prior to the destruction or partial destruction thereof. 29.07.032005 -2010 Zone Improvement Plan. The Council hereby finds that, prior to the adoption of this PRIF Ordinance, the Commission undertook a comprehensive and detailed park and recreational impact analysis and consulted with the City Civil Engineer (appointed under IC 36- 4 -9 -8), and the resulting study and data base were used in the preparation of the 2005 -2010 Zone Improvement Plan as required by IC 36-7-4 - 1318(d). The Council has heretofore adopted the 2005 -2010 Zone Improvement Plan and fmds in this regard that the 2005 -2010 Zone Improvement Plan does contain the following elements: (a) Reasonable estimates relating to the nature of location of development that is expected within the Impact Zone during the planning period, which, for the purposes of this PRIF Ordinance is defined to be a period of ten (10) years commencing with the date of adoption hereof. (b) A reasonable determination of the community level of service for the Impact Zone. (c) A reasonable determination of the current level of service provided within the Impact Zone. 20 Section 29.07 amended per Ordinance No. Z -356; Z- 416 -03, §h -i; Z- 471 -05. Chapter 29: Administration 29 -10 as amended per Z-351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl • CARMEL 0000510 CITY OF CARMEL ZONING ORDINANCE (d) A reasonable estimate of the nature, location, sequencing, and timing of the park and recreational improvements and costs necessary to provide the community level of service for the developments contemplated in Subparagraph (a) hereof. (e) A reasonable estimate of the share of the park and recreational costs identified in Subparagraph (d) hereof that will be used to: (1) Raise the current level of service for existing development or provide service to existing development; or (2) Provide service to new development. (f) A reasonable estimate of revenues that: (1) Are from sources other than impact fees; and, (2) Will be used to finance the costs identified in Subparagraph (e) (1) above. (g) A description of the nature and location of existing infrastructure in the Impact Zone. (h) A general description of the sources and amounts of money used to pay for infrastructure during the previous five years. In addition, the Council has specifically adopted the 2005 -2010 Zone Improvement Plan as an official part of the Carmel/Clay Comprehensive Plan pursuant to IC 36 -7 -4 -500 et seq. 29.07.04 Establishment of Impact Fee. Based upon the Park and Recreation Master Plan and 2005 -2010 Zone Improvement Plan previously referred to and which is made a part of this PRIF Ordinance, the Council determines that the impact costs, minus the sum of non -local revenues and impact deductions (as defined in IC 36 -7-4- 1321), do not exceed the amount of One Thousand Two Hundred Sixty One and no /100's Dollars ($1,261.00) per equivalent dwelling unit, and that, therefore, the impact fee to be imposed on every development subject to this PRIF Ordinance shall equal the product of: (a) One Thousand Two Hundred Sixty One and no /100's Dollars ($1,261.00), times (b) the number of equivalent dwelling units to be constructed pursuant to the improvement location permit obtained by the fee payer. The Council does hereby make as a part of the record of these proceedings, all of the data collected, the calculations made, and the conclusions reached by the Commission in the process of developing the 2005 -2010 Zone Improvement Plan, and specifically instructs the Director to make such data and other information inclusively available to anyone for review during regular business hours. In the event that any parcel of real estate considered in the creation of the 2005 -2010 Zone Improvement Plan undergoes a change in use, redevelopment, or a modification which requires an improvement location permit, and creates a need for new infrastructure, an impact fee will be assessed only for the increase in the burden on infrastructure. 29.07.05 Credit in Lieu of Payment; Exemptions. Pursuant to IC 36 -7-4 -1335, any person obligated to pay a fee pursuant to the terms of this PRIF Ordinance may be granted the option of financing, constructing and dedicating Parks and Recreation Infrastructure instead of making all or part of any impact fee payment which may be due, so long as such financing, construction and dedication are accomplished pursuant to the 2005 -2010 Zone Improvement Plan and with the consent and acceptance of the Parks Board. Such fee payer, or other person providing the infrastructure or improvement, shall be allowed a credit in an amount equal to the sum of (A) the actual cost of constructing or providing the infrastructure or improvements, plus (B) the fair market value of the land, real property interests, and site improvements provided. Chapter 29: Administration 29 -11 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl CARMEL 0000511 CITY OF CARMEL ZONING ORDINANCE The amount of the credit shall be determined by agreement (the "Credit Agreement ") between the person constructing or providing the infrastructure or improvement and the Parks Board. A fee payer shall make a request for credit prior to the issuance of the improvement location permit. In the event the credit is less than the amount of the impact fee due pursuant to Section 29.7.4 above, the remaining balance shall be due in accordance with the provisions stated hereafter. Credits against impact fees otherwise due shall be allowed pursuant to this section for all infrastructure and improvements constructed or furnished in accordance with IC 36 -7-4 -1313 and IC 36 -7 -4- 1335 since January 1, 1989. In addition, a fee payer or other person responsible for installing infrastructure or improvements may designate in writing a method of allocating its credits to future fee payers who may be successors in interest to the credits earned by the fee payer or others, as part of the Credit Agreement provided for above. Any person otherwise obligated to pay the fee established by this PRIF Ordinance whose property was totally or partially destroyed by fire, storm or other casualty beyond his or her control, shall be exempt from said fee if such person repairs or replaces the destroyed structure without creating a burden on Parks and Recreation Infrastructure greater than the burden imposed by the destroyed structure. In the event of such additional burden, the fee shall be calculated based only on the increased burden created by the structure. 29.07.06Impact Fee Due Upon Issuance of Improvement Location Permit. The impact fee imposed pursuant to the terms of this PRIF Ordinance shall be due and payable upon the issuance of an Improvement Location Permit. The entire fee which is calculated pursuant to the terms of this PRIF Ordinance shall be due at said time unless the amount of the fee upon calculation is greater than Five Thousand Dollars ($5,000), in which case an installment plan may be requested by the applicant in accordance with the terms set forth in IC 36 -7 -4 -1324 (a), (b), (c), and (d). The Review Board shall establish specific rules consistent with said code provisions for installment payments. The interest rate on any installment plan or deferred payment shall be the pre judgment rate of interest set forth in the Indiana Code as from time to time amended. If a fee payer requests, the amount of the impact fee shall be assessed upon the voluntary submission of a development plan or upon the issuance of the improvement location permit, whichever is earlier. For purposes of this section, "assessment" means the act of calculating the amount of the impact fee which shall be due. The Director shall make such assessment within thirty (30) days of the date of such voluntary request or at the issuance of the Improvement Location Permit with or without a request. 29.07.07 Lien Rights Established. Pursuant to IC 36 -7-4 -1325, the City of Carmel acquires a lien against the real estate which is the subject of the impact fee. Upon adoption, this PRIF Ordinance shall be recorded, and, thereafter, it shall constitute constructive notice of the lien rights of the City. The City may, in its discretion, file a specific instrument setting forth its lien rights with respect to a parcel of real estate which is the subject of an installment payment plan for an impact fee, and such instrument shall constitute actual notice in addition to the constructive actual notice in addition to the constructive notice provided for by the recording of this PRIF Ordinance. Chapter 29: Administration 29 -12 as amended per Z-351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl • • CARMEL 0000512 CITY OF CARMEL ZONING ORDINANCE 29.07.08 Form of Receipt. The Director shall issue a receipt for any and all impact fees collected, and the form of such receipt shall be as follows: Received of [fee payer], this [date] day of [month, year], the sum of $ [amount] in [full /partial] satisfaction of impact fees due pursuant to Ordinance No. Z- 471 -05 relating to improvements to be constructed on the real estate described on Exhibit A, attached hereto, made part hereof, and subject to lien rights in favor of the City of Carmel in the event of partial payment with payments remaining due. The remaining balance due (if any) is in the following amount: $ . This impact fee is dedicated to the creation of the following infrastructure elements in accordance with the 2005 -2010 Zone Improvement Plan: DEPARTMENT OF COMMUNITY SERVICES City of Carmel 29.07.09 Establishment of Review Board; Hearing of Appeals. There is hereby established the Carmel Clay Impact Fee Review Board. The Review Board shall consist of three (3) citizen members (who may be residents of the City of Carmel and/or Clay Township), appointed by the Mayor of the City of Carmel to serve for terms of four (4) years; however, for the purpose of providing for staggered terms of office, the initial members of the Review Board shall be appointed for respective terms of two (2) years, three (3) years, and four (4) years. The members of the Review Board may not be members of the Commission and must meet the qualifications prescribed by IC 36- 7- 4- 1338(b), that is, • one (1) licensed real estate broker, • one licensed (1) engineer, and ■ one (1) certified public accountant. Whenever a member of the Review Board is unable to participate in any matter before the board because of a conflict of interest, the Mayor shall appoint a temporary replacement member, meeting the qualifications of the member being replaced, to serve on the board for the purpose of hearing that matter only. The Review Board shall be governed by IC 36- 7- 4- 1338(c) and all other applicable provisions of the Impact Fee Statute. Any fee payer who believes itself to be aggrieved by the calculation of an impact fee may appeal from such calculation to the Review Board and the Review Board shall conduct a hearing with regard thereto. At such hearing, the fee payer shall bear the burden of going forward with the evidence and shall present evidence addressing either of the following propositions: (a) A fact assumption used in determining the amount of the impact fee is incorrect; or (b) The amount of the impact fee is greater than the amount allowed under IC 36 -7 -4 -1320, IC 36 -7 -4 -1321, and IC 36 -7-4 -1322. Upon conclusion of the presentation of evidence, the Review Board shall make a determination within thirty (30) days, upon the facts presented and may make such adjustments in the impact fee as it deems are appropriate under the circumstances, if any. An appeal under this Section 29.07.09 must be filed not later than thirty (30) days after the issuance of the improvement location permit. The appeal shall be initiated with the filing of a Petition for Review with the Director, together with a filing fee in the amount of One Hundred Dollars ($100). The filing fee shall be refunded in full: Chapter 29: Administration 29 -13 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl CARMEL 0000513 CITY OF CARMEL ZONING ORDINANCE (1) if the Petition of Review is granted and the impact fee is eliminated, reduced or adjusted by the Review Board, by independent action of the Director, or by a court having jurisdiction, and (2) if the reviewing body determines that the amount of the fee, reductions, or credits were arbitrary or capricious. The Petition for Review shall be in a form calculated to inform the Review Board of the nature of the complaint, the parties to the action, and the relief requested. In addition, the petition shall describe the new development on which the impact fee has been assessed, all facts related to the assessment of the impact fee, and the reasons the petitioner believes that the amount of the impact fee assessed is erroneous or is greater than the amount allowed by the fee limitations set forth in the Impact Fee Statute. The Director shall not deny the issuance of improvement location permit on the basis that the impact fee has not been paid, or condition issuance of the permit on the payment of the impact fee. However, unless the impact fee exceeds One Thousand Dollars ($1,000), the fee payer shall pay the impact fee or initiate an appeal under this section before being issued the permit. 29.07.10 Establishment of Impact Fee Fund. There is hereby established an Impact Fee Fund within the City of Carmel to receive any and all sums collected pursuant to this PRIF Ordinance and any other Impact Fee Ordinance that may hereafter be adopted, to be utilized in connection with the purposes set forth m Section 29.07.11 below. A special account shall be established in the fund for Parks and Recreation Infrastructure which shall be kept separate from any other account that may hereafter be established in the fund for other infrastructure types. In the event, and only in the event, that an additional Impact Zone for Parks and Recreation Infrastructure is created hereafter, a separate account shall be maintained for each separate Impact Zone established within the City of Carmel and Clay Township. Interest earned on any such account shall be deposited and maintained within the separate account. The Fiscal Officer shall manage the Impact Fee Fund according to the provisions of the Impact Fee Statute and maintain records of the status of any such account. Pursuant to IC 36 -7 -4 -1329, the Fiscal Officer shall make an annual report to the Commission and the Parks Board of said accounts which shall be available to the public in general and fee payers, upon request, in particular. The right to any refund of an impact fee shall be determined strictly in accordance with IC 36 -7 -4 -1332, and the Fiscal Officer is designated, pursuant to IC 36- 7- 4- 1332(e), as the official responsible for acting upon any refund applications that may be filed by fee payers. In order to facilitate the payment of any refunds when they may be due, the Fiscal Officer is directed to identify the purpose of any impact fee paid in order that a refund, if any, may be paid from the account into which the fee was originally deposited. 29.07.11 Use of Impact Fees Collected. Any and all fees collected pursuant to the provisions of this PRIF Ordinance may be utilized only for the following purposes: (a) Providing funds to be utilized by the Parks Board for the purpose of paying the capital costs of Parks and Recreation Infrastructure that is necessary to serve the new development within the City of Carmel and Clay Township and that is identified in the 2005 -2010 Zone Improvement Plan; (b) An amount not to exceed Five Percent (5 %) of the annual collections of the fees, to be utilized by the Parks Board for expenses incurred by such City and Township for the consulting services that are used with regard to the establishment and maintenance of this impact fee program; (c) To pay any refund that may be due under IC 36 -7-4 -1332; (d) To pay the debt service cost on an obligation issued to provide Parks and Recreation Infrastructure described in Subparagraph (a) above, in accordance with IC 36- 10 -3 -27 or other applicable law. Chapter 29: Administration 29 -14 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl • CARMEL 0000514 CITY OF CARMEL ZONING ORDINANCE 29.07.12 Conflicts with Impact Fee Statute. The Council specifically acknowledges the existence of the Impact Fee Statute, which regulates the adoption of impact fee ordinances by municipal corporations within the State of Indiana. It is the intent of the Council to comply with such legislation, and this PRIF Ordinance shall be construed in all respects to be consistent with the Impact Fee Statute. The substantive and procedural requirements of the Impact Fee Statute shall control in the event of conflicts, which are unintended by the Council. 29.07.13 Amendments and Review. The impact fee provided for herein is based upon information that, in large part, is subject to inflation and other economic and market forces over which the Council has no control. The Council may, therefore, not less than once each year, cause a review to be made by the Director or such consultants as may be required, to determine the continuing validity of the Impact Fee, the Impact Zone, and the 2005 -2010 Zone Improvement Plan. The Council may consider and adopt such amendments as are necessary to cause a substantive compliance with all constitutional and statutory requirements. To the extent required by the facts and circumstances, this process shall include the steps necessary to update the 2005 -2010 Zone Improvement Plan and the Comprehensive Plan. 29.07.14 Effective Date and Expiration Date. Pursuant to IC 36 -7 -4 -1340, this PRIF Ordinance shall be effective September 7, 2005, which is not earlier than (6) months following its adoption in accordance with the Impact Fee Statute, replacing the PRIF Ordinance adopted in December 2000 and wholly contained in Section 29.07 of the Carmel City Code. This PRIF Ordinance shall expire five (5) years following such effective date21, and no impact fee may be collected under this PRIF Ordinance after such expiration date. However, the Council may adopt a replacement impact fee ordinance to take effect before, on, or after such expiration date if the replacement ordinance complies with the provisions of the Impact Fee Statute. 21 Ordinance No. Z- 471 -05 expires September 7, 2010 Chapter 29: Administration 29 -15 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 vl CARMEL 0000515 CITY OF CARMEL ZONING ORDINANCE CHAPTER 29: ADMINISTRATION AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z -305 32 -95 OA July 17, 1995 July 17, 1995 29.06 Z -351 143 -OOa OA November 6, 2000 November 6, 2000 29.06 Z -356 177 -00 OA December 18, 2000 June 18, 2001 29.07 Z- 365 -01 76 -01a OA November 5, 2001 November 27, 2001 29.03.01; 29.06; 29.06.02(1); 29.06.02(11); 29.06.07(e); 29.06.08 Z- 416 -03 40 -02 OA November 17, 2003 November 18, 2003 29.07 Autumn 2003 v1 Z- 419 -03 116 -03 OA November 17, 2003 29.06.01; 29.06.09: 29.06 Monday, January 5, 2004 Autumn 2003 v1 29.06.02- 29.06.08: Wednesday, February 18, 200422 Z- 434 -03 116 -03 OA December 15, 2003 December 16, 2003 29.04 Autumn 2003 v1 Z- 453 -04 150 -02 OA August 16, 2004 August 16, 2004 29.01.02; 29.02.02; 29.02.03; 29.04.02; 29.04.03; 29.04.04; 29.05 Summer 2004 v 1 2005 CPI Fee N/A N/A 29.06.01: 29.06 Adjustment January 3, 2005 Winter 2005 v1 29.06.02- 29.06.09: April 4, 200522 Z- 470 -05 04100026 OA February 21, 2005 February 21, 2005 29.06.01(§ §6,26,27) Winter 2005 v2 Z- 471 -05 04050012 OA March 7, 2005 September 7, 2005 29.07 Winter 2005 v2 2006 CPI Fee N/A N/A 29.06.01: 29.06 Adjustment January 2, 2006 Spring 2006 v1 29.06.02- 29.06.09: April 3, 200622 2007 CPI Fee N/A N/A 29.06.01: 29.06 Adjustment January 2, 2007 Winter 2007 v1 29.06.02- 29.06.09: April 2, 200722 22 Per House Bill No. 1353, effective July 1, 2003, an ordinance increasing a building permit fee on new development must delay the implementation of the fee increase for a period ending ninety (90) days after the ordinance is approved by the executive. Ordinance No. Z- 419-03 was approved by Mayor Brainard on Thursday, November 20, 2003. Chapter 29: Administration 29 -16 as amended per Z -351; Z -356; Z- 365 -01; Z- 416 -03; Z- 419 -03; Z- 434 -03; Z- 453 -04; Z- 470 -05; Z- 471 -05 Winter 2007 v1 • II • CARMEL 0000516 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 30: BOARD OF ZONING APPEALS 30.00 Board of Zoning Appeals. 30.01 Appeals to the Board. 30.02 Appeal Procedure. 30.03 Stay of Work. 30.04 Variances. 30.05 Variance Procedure. 30.06 Conditions Relating to Board Actions in the Flood Plain Districts. 30.07 Review by Certiorari. 30.08 Alternate Procedure. 30.00 Board of Zoning Appeals.' The Board is hereby established with membership and appointments provided in accordance with the Advisory Planning Law. Detailed herein are the procedures and so forth relating to Board activities. 30.01 Appeals to the Board. The Board may hear, review and determine appeals taken from any order, requirements, decision or determination made by the Director or any administrative official or board charged with the enforcement of the Zoning or Subdivision Control Ordinance of the City of Carmel. All appeals shall be filed with the Director within thirty (30) days of the action to be appealed. An appeal shall also be filed where the Board is required to determine a zoning district boundary or the existence of a nonconforming use. 30.02 Appeal Procedure.2 30.02.01 Consultation with the Director and Application. Appellants shall meet with the Director in order to examine the nature of the proposed appeal, review the regulatory ordinances and materials, and review the appeal procedures. The Director shall aid the appellant in preparing his application and supporting documents as necessary. The appellant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials. 30.02.02 Initial Review of the Application and Supporting Documents and Materials by the Director; Submission to the Board. Following the receipt of the written appeal application and necessary supporting documents and materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Board. If the materials submitted by the appellant are not complete, or do not comply with the necessary legal requirements, the Director shall inform the appellant of the deficiencies in his materials. Unless and until the Director formally accepts the appeal application as complete and in legal compliance it shall not be considered as formally filed for the purpose of proceeding to the succeeding steps ' Section 30.00 amended per Ordinance No. Z- 365 -01. 2 Section 30.02 amended per Ordinance No. Z- 365 -01. Chapter 30: Board of Zoning Appeals 30 -1 as amended per Z- 365 -01; Z- 453 -04; Z- 460 -04 Winter 2005 vi CARMEL 0000518 CITY OF CARMEL ZONING ORDINANCE toward Board consideration of the appeal as hereinafter set forth. The application is formally filed when it is placed upon the Board agenda by the Director according to the Board's Rules of Procedure. 30.02.03 Public Hearing by the Board. Once the Director has accepted and filed the appeal application with the Board, he shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Board. The appellant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The appellant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board. The conduct of the public hearing shall be in accordance with the Board's Rules of Procedures. 30.02.04 Approval or Denial of the Appeal by the Board. Following the public hearing on the appeal, the Board shall approve or deny the appeal. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed as in its opinion ought to be done on the premises, and to that end shall have all the powers of the officer or Board from whom the appeal is taken. Upon reaching a decision on the appeal request, the Board shall enter into its records the reasons for its decision and shall provide the appellant with a copy of said reasons, if requested. The Board shall inform the Director and the appellant of its decision, including all conditions contained as a part thereof. All further actions taken by the appellant or the Director concerning the item that was appealed, including the issuance of Improvement Location Permits, shall be subject to said ruling of the Board. 30.03 Stay of Work. When an appeal from the Director or any official or Board has been filed with the Board, all proceedings and work on the premises upon which the appeal has been filed shall be stayed unless the official or Board from whom the appeal was taken shall certify to the Board that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Board or by a court of competent jurisdiction, on notice to the official or Board from whom the appeal is taken and the owner or proprietor of the premises affected and on due cause shown. After the owner, his agent and/or a person or corporation in charge of the work on the premises affected has received notice, the Director shall have full power to order such work discontinued or stayed and to call upon the police power of the city or county to give full force and effect to the order. 30.04 Variances. The Board may authorize in specific cases such variance from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of said ordinances will result in unnecessary hardship, and so that the spirit of the ordinances 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 of use, the Board shall determine in writing that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; 3. The need for the variance arises from some condition peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan. Chapter 30: Board of Zoning Appeals 30 -2 as amended per Z- 365 -01; Z- 453 -04; Z- 460 -04 Winter 2005 vl • • CARMEL 0000519 CITY OF CARMEL ZONING ORDINANCE In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of development standards, the Board shall determine in writing that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and 3. The strict application of the terms of the Zoning Ordinance will result in practical difficulties in use of the property. 30.05 Variance Procedure.' 30.05.01 Consultation with the Director and Application. Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the use and development of the property and to consider the proposed variance. 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. 30.05.02 Initial Review of the Application and Supporting Documents and Materials by the Director. Following the receipt of the written variance application and necessary supporting documents and materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Board. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in his materials. Unless and until the Director formally accepts the variance application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to the succeeding steps toward approval of the variance application as hereinafter set forth. The variance application is formally filed when it is placed upon the Board agenda by the Director, according to the Board's Rules of Procedure. 30.05.03 Public Hearing by the Board. Once the Director has accepted and filed the variance application with the Board, he shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedures 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. 30.05.04 Approval or Denial of the Application by the Board. Following the public hearing on the variance application, the Board shall approve or deny the application. The Board, upon approval of a variance application, may at its discretion determine the length of time the variance shall run. The variance may be permanent or it may be set for a reasonable period subject to renewal upon expiration. The Board shall notify the Director and the applicant of its decision on the variance application, including all conditions contained as a part thereof. The Director shall notify the applicant of the time limits set forth in Section 30.05.05. All further actions taken by the applicant or the Director concerning the situation for which the variance is filed, including the issuance of an Improvement Location Permit, shall be subject to said ruling of the Board. Failure of the Director to inform the applicant of the time limits set forth in Section 30.05.05 shall not relieve the applicant of complying with said Section. A variance 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) 3 Section 30.05 amended per Ordinance No. Z- 365 -01; Z- 460 -04, §b. Chapter 30: Board of Zoning Appeals 30 -3 as amended per Z- 365 -01; Z- 453 -04; Z- 460 -04 Winter 2005 vl CARMEL 0000520 CITY OF CARMEL ZONING ORDINANCE months following the date of the denial, whichever is later. In addition, whenever a variance application is denied, the property involved in the application may not be the subject of a different variance application, or any Special Use or Special Exception application or rezone proposal, for a period of six (6) months following the date of the denial. 30.05.05 Time Limit. Any variance which is granted by the Board on a temporary, renewable basis, under the procedures set forth in this Section, shall have been effected within the period of time for which it was granted or said variance shall become null and void. Any variance granted by the Board on a permanent basis, under the procedures set forth in this Section, shall be effected or shall be part of a project on which continuous construction has commenced within one (1) year from the date of the granting of said variance or it 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. 30.06 Conditions Relating to Board Actions in the Flood Plain Districts.' The Board may not exercise any of its powers (i.e., Special Uses, Variances, Appeals, etc.) in the FP or FW Districts until the Board has received written approval from the Indiana Natural Resources Commission. The Board may not vary flood protection grade requirements in the FF district without written approval from the Indiana Natural Resources Commission. 30.07 Review by Certiorari.' Every decision of the Board shall be subject to judicial review, according to the Advisory Planning Law. 30.08 Alternate Procedure.' 30.08.01 Hearing Officers: Qualifications, Appointment and Removal. Pursuant to I.C. 36 -7 -4 -923, the Commission hereby establishes the position of Hearing Officer. A Hearing Officer must be a member of the Board or an attorney licensed to practice law in Indiana. One (1) or more Hearing Officers shall be appointed by the Commission. A Hearing Officer may be removed from his or her responsibilities at any time by the Commission. 30.08.02 Powers of Hearing Officers. A Hearing Officer has the power of the Board to approve or deny (1) a variance from the development standards of the Zoning Ordinance, in accordance with I.C. 36 -7- 4- 918.5; or (2) a special use or special exception from the terms of the Zoning Ordinance, in accordance with I.C. 36 -7 -4- 918.2. 30.08.03 Procedural Rules Goveming Hearing Officers. Except as provided in this Section 30.08, all procedural requirements imposed by the Rules of Procedure of the Board, by the Zoning Ordinance, and by I.C. 36 -7 -4 -900 et seq.. apply generally to the alternate procedure. Specifically, the provisions of I.C. 36- 7- 4- 920(g) regulating communication with any member of the Board shall be construed to prohibit communication by any person (other than the staff as permitted by law) with a Hearing Officer before the hearing with intent to influence the Hearing Officer's action on a matter pending before him or her. 30.08.04Docketing of Matters; Copies to Members of the Board. After the Director has formally accepted any Developmental Standards Variance, Special Use, or Special Exception application as complete and in legal compliance, the Director may, if the Director believes that it would allow for more expedient disposition of the application, place the matter upon a Hearing Officer's agenda instead of placing the matter upon the Board's agenda. Copies of each Hearing Officer's agenda 4 For additional regulations regarding Flood Plain Districts, see Chapter 12: Flood Hazard Districts. ' Section 30.07 amended per Ordinance No. Z- 365 -01. 6 Section 30.08 adopted per Ordinance No. Z- 365 -01; Z- 453 -04, §fp. Chapter 30: Board of Zoning Appeals 30-4 as amended per Z- 365 -01; Z- 453 -04; Z- 460 -04 Winter 2005 v • • • CARMEL 0000521 CITY OF CARMEL ZONING ORDINANCE shall also be submitted to all members of the Board, no less than ten (10) days before the Hearing Officer's hearing of the matters on that agenda. Any member of the Board may then communicate with the Director if, in the opinion of the member, the application should be placed upon the Board's agenda. 30.08.05 Transfer to Board's Agenda. The Director may, not less than five (5) days before a hearing before a Hearing Officer, remove any application from the Hearing Officer's agenda if, in the opinion of the Director: (1) the approval of the Developmental Standards Variance, Special Use, or Special Exception may be found to be injurious to the public health, safety, morals, and general welfare of the community; or (2) the use or value of the area adjacent to the property included in the variance, use, or exception may be found to be affected in a substantially adverse manner. If the Director removes an application from a Hearing Officer's agenda, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. 30.08.06Conditions Proposed by Director; Transfer to Board's Agenda. The Director may, not less than five (5) days before a hearing before a Hearing Officer, indicate that he or she does not object to the approval of a Developmental Standards Variance, Special Use, or Special Exception by the Hearing Officer if specified Conditions are attached. If the applicant does not accept these Conditions, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. 30.08.07Imposition of Conditions by Hearing Officer; Commitments by Property owner; Transfer to Board's Agenda. Following the hearing of an application under the alternate procedure, a Hearing Officer may impose Conditions and may permit or require the owner of a parcel of property to make a written Commitment concerning the use or development of that parcel, as provided in I.C. 36 -7-4 -921 and the Rules of Procedure of the Board. If the applicant fails to accept these Conditions or fails to make the Commitment, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. The Hearing Officer may not modify or terminate any Commitment, whether made under the alternate procedure or pursuant to an approval by the Board. Such a Commitment may be modified only by the Board itself. 30.08.08Review of the Decisions of the Hearing Officer. A decision of a Hearing Officer may not be a basis for judicial review, but it may be appealed to the Board. The Board shall conduct a new hearing on the matter and shall not be bound by any Findings of Fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the Board within fourteen (14) days after the decision is made, as provided in I.C. 36 -7 -4 -924. Chapter 30: Board of Zoning Appeals 30 -5 as amended per Z- 365 -01; Z- 453 -04; Z- 460 -04 Winter 2005 vl CARMEL 0000522 CITY OF CARMEL ZONING ORDINANCE CHAPTER 30: BOARD OF ZONING APPEALS AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z- 365 -01 76 -Ola OA November 5, 2001 November 27, 2001 30.0; 30.2.3; 30.5.3; 30.8 Z- 453 -04 150 -02 OA August 16, 2004 August 16, 2004 30.08 Sumner 2004 vl Z- 460 -04 04080064 OA December 20, 2004 December 20, 2004 30.05.04 Winter 2005 vl Chapter 30: Board of Zoning Appeals 30 -6 as amended per Z- 365 -01; Z- 453 -04; Z- 460 -04 Winter 2005 vl • CARMEL 0000523 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 31: GENERAL PROVISIONS 31.00 General Provisions. 31.01 Violations and Penalties. 31.02 Severability. 31.03 Conflicting Ordinances. 31.04 Non - Interference. 31.05 Effective Date. 31.06 Amendments to the Zoning Ordinance. 31.07 Failure of Commission or Board to Establish a Vote. 31.08 Copy on File. 31.00 General Provisions. 31.01 Violations and Penalties.' 31.01.01A 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 or Planned District Development Plan approvals, shall constitute a violation of this Ordinance. 31.01.02 The Commission, the Board, the Director 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. 31.01.03 The Commission, the Board or the Director 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. 31.01.04 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. 31.01.05 Any person, firm, or corporation, whether as principal, agent, employee or otherwise, who violates this Zoning Ordinance is subject to the penalties provided in Chapter 34: Zoning Violations. 31.01.06 The owner or tenant of any buildings, 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. 1 Section 31.01 amended per Ordinance No. Z- 365 -01. Chapter 31: General Provisions 31 -1 as amended per Z -316; Z -335; Z- 365 -01; Z- 369 -02; Z- 416 -03; Z- 460 -04; Z- 475 -05 Winter 2005 v2 CARMEL 0000525 CITY OF CARMEL ZONING ORDINANCE 31.02 Severability. If any section, subsection, paragraph, subparagraph, clause, phrase, word, provision or portion of this Ordinance shall be found to be unconditional or invalid by any Court of competent jurisdiction, such finding or decision shall not affect or impair the validity of this Ordinance as a whole or any part thereof other than the section, subsection, paragraph, subparagraph, clause, phrase, word, provision or portion so held to be unconstitutional or invalid. 31.03 Conflicting Ordinances.' 31.03.01 Unless otherwise specifically stated within this Ordinance, whenever any provision of this Ordinance or other City ordinance or regulation imposes a greater requirement or a higher standard than is required by any other provision of this Ordinance, the more stringent provision shall govern. 31.03.02 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. 31.03.03 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. 31.04 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 provided; 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. 31.05 Effective Date. The Zoning Ordinance of the City of Carmel, 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 , 1990. On this date, Ordinance No. Z -160, passed by the City Council of the City of Carmel, Indiana, on January 21, 1980, 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. 31.06 Amendments to the Zoning Ordinance.' 31.06.01 Definitions. Terms used in this Ordinance are defined in Chapter 3: Definitions. 2 Section 31.03 amended per Ordinance No. Z- 369 -02, §bj. 3 Section 31.06 amended per Ordinance No. Z -316; Z -335; Z- 416 -03, §j -k; Z- 460 -04, §c; Z- 475 -05, §b. Chapter 31: General Provisions 31 -2 as amended per Z -316; Z -335; Z- 365 -01; Z-369 -02; Z- 416 -03; Z- 460 -04; Z- 475 -05 Winter 2005 v2 • CARMEL 0000526 CITY OF CARMEL ZONING ORDINANCE 31.06.02 Proposals to Amend or Partially Repeal the Text of the Ordinance. The following procedure applies to a proposal to amend or partially repeal the text (not zone maps) of this Zoning Ordinance: 1. The proposal may be initiated by either the Commission or the Council; however, if the Council initiates the proposal, it shall require the Commission to prepare it. 2. The Commission shall prepare the proposal so that it is consistent with applicable state law. 3. In considering the proposal, both the Commission and the Council shall pay reasonable regard to: i. the Comprehensive Plan; ii. current conditions and the character of current structures and uses in each district; iii. the most desirable use for which the land in each district is adapted; iv. the conservation of property values throughout the City and the Township; and v. responsible development and growth. 4. The Commission shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure. 5. Within ten (10) business days after the Commission determines its recommendation (if any), the Commission shall certify the proposal to the Council with a favorable recommendation, an unfavorable recommendation, or no recommendation from the Commission. 6. The Council shall vote on the proposal within ninety (90) days after the Commission certifies the proposal. The Council's consideration of the proposal is governed by IC 36- 7 -4 -607. 7. If the proposal is adopted, the Commission shall print the amendments to the Zoning Ordinance in book or pamphlet form, or arrange for them to be included in the City's Code of Ordinances. 8. Unless the proposal provides for a later effective date, the amendments contained in the proposal take effect when the proposal is duly adopted, except for any provision prescribing a penalty or forfeiture for a violation, which may not take effect until the Commission complies with the applicable notice and filing requirements described in IC 36 -7 -4 -610. 31.06.03 Proposals to Change the Zone Maps Incorporated into the Ordinance. The following procedure applies to a proposal to change the zone maps (whether by incorporating an additional map or by amending or deleting a map) incorporated by reference into this Zoning Ordinance: 1. The proposal may be initiated either: a. by the Commission; b. by a petition signed by property owners who own at least fifty percent (50 %) of the land involved; or c. by the Council; however, if the Council initiates the proposal, it shall require the Commission to prepare it. 2. The Commission or petitioners shall prepare the proposal so that it is consistent with applicable state law. Chapter 31: General Provisions 31 -3 as amended per Z -316; Z -335; Z- 365 -01; Z- 369 -02; Z- 416 -03; Z- 460 -04; Z- 475 -05 Winter 2005 v2 CARMEL 0000527 CITY OF CARMEL ZONING ORDINANCE 3. In considering the proposal, both the Commission and the Council shall pay reasonable regard to: i. the Comprehensive Plan; ii. current conditions and the character of current structures and uses in each district; iii. the most desirable use for which the land in each district is adapted; iv. the conservation of property values throughout the City and the Township; and v. responsible development and growth. 4. The Commission shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure. 5. Whenever the Commission deems it advisable in regard to the matters contained in Subparagraph (3) above, the Commission may permit or require the owner of a parcel of real property to make a Commitment subject to the rules prescribed for Commitments by Section 31.06.05. By permitting or requiring a Commitment, the Commission does not become obligated to recommend or not recommend the adoption of the proposal. 6. Within ten (10) business days after the Commission determines its recommendation (if any), the Commission shall certify the proposal to the Council with a favorable recommendation, an unfavorable recommendation, or no recommendation from the Commission. 7. The Council shall vote on the proposal within ninety (90) days after the Commission certifies the proposal. The Council's consideration of the proposal is governed by IC 36- 7 -4 -608. 8. During the time when the proposal is being considered by the Council, the owner of a parcel of land may make a new Commitment or modify the terms of a Commitment made when the proposal was before the Commission. No further action of the Commission is required for a new Commitment to be effective. If a Commitment made when the proposal was before the Commission is modified and the effect of the modification is to make the Commitment more stringent, no further action of the Commission is required for the modified Commitment to be effective; however, if the effect of such a modification is to make the Commitment less stringent, then the modified Commitment must be ratified by the Commission to be effective. A Commitment made or modified under this provision is subject to the rules prescribed for Commitments by Section 31.06.05. 9. If the proposal is adopted, the Commission shall update the zone maps that it keeps available with the Zoning Ordinance and the City's Code of Ordinances. 10. Unless the proposal provides for a later effective date, the updated zone maps contained in the proposal take effect when the proposal is duly adopted. 31.06.04Proposals to Adopt or Amend Planned Unit Development District Ordinances. The following procedure applies to a proposal to adopt or amend a PUD District Ordinance: 1. Proposals for a PUD District Ordinance shall only be considered on property located within the boundaries of Carmel/Clay Township, Hamilton County, Indiana. 2. The proposal must be initiated by a petition signed by property owners who own all of the land to be included in the Planned Unit Development District. 3. The petitioners shall prepare the proposal so that it is consistent with the definition of a PUD District Ordinance provided in Section 31.06.01 above. Chapter 31: General Provisions 31-4 as amended per Z -316; Z -335; Z- 365 -01; Z- 369 -02; Z- 416 -03; Z- 460 -04; Z- 475 -05 Winter 2005 v2 • • CARMEL 0000528 CITY OF CARMEL ZONING ORDINANCE 4. The proposal may provide that any development requirements (other than permitted uses) that are specified in the PUD District Ordinance may be modified by a hearing examiner or committee designated by the Commission, after a public hearing held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing examiner or committee which approves or denies any requested modification may be appealed by the Director or any interested party to the Commission, also in accordance with the Commission's Rules of Procedure. 5. In considering the proposal, both the Commission and the Council shall pay reasonable regard to: i. the Comprehensive Plan; ii. current conditions and the character of current structures and uses in each district; iii. the most desirable use for which the land in each district is adapted; iv. the conservation of property values throughout the City and the Township, and v. responsible development and growth. 6. The Commission shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure. 7. Whenever the Commission deems it advisable in regard to the matters contained in Subparagraph (3) or (4) above, the Commission may permit or require the owner of a parcel of real property to make a Commitment subject to the rules prescribed for Commitments by Section 31.06.05. By permitting or requiring a Commitment, the Commission does not become obligated to recommend or not recommend the adoption of the proposal. 8. Within ten (10) business days after the Commission determines its recommendation (if any), the Commission shall certify the proposal to the Council with a favorable recommendation, an unfavorable recommendation, or no recommendation from the Commission. 9. The Council shall vote on the proposal within ninety (90) days after the Commission certifies the proposal. The Council's consideration of the proposal is governed by IC 36- 7 -4 -608 and IC 36 -7 -4 -1512. 10. During the time when the proposal is being considered by the Council, the owner of a parcel of land may make a new Commitment or modify the terms of a Commitment made when the proposal was before the Commission. No further action of the Commission is required for a new Commitment to be effective. If a Commitment made when the proposal was before the Commission is modified and the effect of the modification is to make the Commitment more stringent, no further action of the Commission is required for the modified Commitment to be effective; however, if the effect of such a modification is to make the Commitment less stringent, then the modified Commitment must be ratified by the Commission to be effective. A Commitment made or modified under this provision is subject to the rules prescribed for Commitments by Section 31.06.05. 11. If the proposal is adopted, the Commission shall update the zone maps that it keeps available with the Zoning Ordinance and the City's Code of Ordinances to reflect the designation of the parcel as a Planned Unit Development District. 12. Unless the proposal provides for a later effective date, the PUD District Ordinance takes effect when the proposal is duly adopted. Chapter 31: General Provisions 31 -5 as amended per Z -316; Z -335; Z- 365 -01; Z- 369 -02; Z- 416 -03; Z- 460 -04; Z- 475 -05 Winter 2005 v2 CARMEL 0000529 CITY OF CARMEL ZONING ORDINANCE 31.06.05 Rules Governing Commitments. 1. Form. A Commitment must be in substantially the form set forth in the Commission's Rules of Procedure, and must identify any specially affected persons or class of specially affected persons who may enforce the Commitment. A Commitment must authorize its recording by the Director in the Office of the Hamilton County Recorder. 2. Recording; Copies. A Commitment shall be recorded in the office of the Hamilton County Recorder and takes effect upon the adoption of the proposal to which it relates. Following the recording of a Commitment, the Director shall return the original recorded Commitment to the owner and shall retain a copy of the recorded Commitment in the Commission's file. 3. Persons Bound. Unless it is modified or terminated by the Commission in accordance with Subparagraph (4) below, a recorded Commitment is binding on the owner of the parcel, a subsequent owner of the parcel, and any other person who acquires an interest in the parcel. An unrecorded Commitment is binding on the owner of the parcel who makes the Commitment. An unrecorded Commitment is binding on a subsequent owner of the parcel or a person acquiring an interest in the parcel only if the subsequent owner or person acquiring the interest has actual notice of the Commitment. 4. Modification or Termination by Commission. Except for a Commitment modified under Section 31.06.03 (8) or 31.06.03 (9) above or automatically terminated under Subparagraph (5) below, a Commitment may be modified or terminated only by a decision of the Commission made at a public hearing after notice of the hearing has been given under the Commission's Rules of Procedure. 5. Rezone Proposals; Automatic Termination. A Commitment made under Section 31.06.03 above automatically terminates if after the adoption of the proposal to which it relates: a. the zone map applicable to the parcel is changed; or b. the parcel is designated as a Planned Unit Development District under this Zoning Ordinance. 31.06.06Rules Governing Reconsideration. The Commission may adopt a rule to limit further consideration, for up to one (1) year after its defeat, of any proposal that is defeated under the Advisory Planning Law. The Commission may also adopt a rule to limit consideration, for up to six (6) months after the withdrawal or defeat of any proposal, of any other proposal involving the same property that was the subject of the withdrawn or defeated proposal. 31.07 Failure of Commission or Board to Establish a Vote. A vote establishing conclusive approval or denial on a matter before the Plan Commission or the Board of Zoning Appeals shall require a majority vote. A majority vote of the Plan Commission shall require concurrence of more than half of the members of the entire Commission. A majority vote of the Board of Zoning Appeals shall require concurrence of more than half of the members of the entire Board. In the event that a majority vote is not reached, and no conclusive approval or denial can be granted, the party seeking a decision by the Board or Commission can request placement on the agenda of the subsequent month's meeting. This request must be in written form and given to the appropriate authorities in the Director's office. 31.08 Copy on File. A certified copy of the Zoning Ordinance of the City of Carmel, 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. Chapter 31: General Provisions 31 -6 as amended per Z -316; Z -335; Z- 365 -01; Z- 369 -02; Z- 416 -03; Z- 460 -04; Z- 475 -05 Winter 2005 v2 • • CARMEL 0000530 • • CITY OF CARMEL ZONING ORDINANCE CHAPTER 31: GENERAL PROVISIONS AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z -316 86 -96 OA December 23, 1996 Z -335 3 -99 OA June 7, 1999 Z- 365 -01 76 -Ola OA November 5, 2001 November 27, 2001 31.1.5 Z- 369 -02 160 -01 OA April 1, 2002 April 1, 2002 31.3 Spring 2002 v2 Z- 416 -03 40 -02 OA November 17, 2003 November 18, 2003 31.06 Autumn 2003 vl Z- 460 -04 04080064 OA December 20, 2004 December 20, 2004 31.06.06 Winter 2005 vl Z- 475 -05 05010007 OA March 7, 2005 March 7, 2005 31.06.04 Winter 2005 v2 Chapter 31: General Provisions 31 -7 as amended per Z -316; Z -335; Z- 365 -01; Z- 369 -02; Z- 416 -03; Z- 460 -04; Z- 475 -05 Winter 2005 v2 CARMEL 0000531 • CITY OF CARMEL ZONING ORDINANCE 32.00 32.01 32.02 32.03 CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 32: MANUFACTURED HOMES Manufactured Homes. General Requirements. Placement with Permit. Structural Alteration. 32.00 Manufactured Homes. 32.00.01 Manufactured homes, as identified in this Section, shall be permitted in any area zoned for single - family or two - family dwellings; however, in any subdivision which is not specifically platted for manufactured homes, the number of manufactured homes located in said subdivision shall not exceed ten percent (10 %) of the total number of platted lots. 32.01 General Requirements. Manufactured homes shall meet the following requirements and limitations: 1. Manufactured homes shall be required to meet the minimum square footage requirements provided for in any area zoned for single - family and two - family homes. 2. The homes shall meet all requirements applicable to single - family or two - family dwellings and shall be subject to all necessary improvement location, building and occupancy permits. 3. The homes shall be larger than 950 square feet of occupied space, or meet the standards as required by the appropriate zoning district, whichever is greater. 4. The homes must be permanently attached to a solid foundation extending down below the frost line a minimum of thirty-two (32) inches or on basement walls. The space between the floor joists of the home and the excavated area under floor grade shall be completely enclosed with permanent perimeter foundation or basement walls, except for required openings. 5. The homes shall be covered with an exterior material of one or more of the following types which shall extend over the top of the foundation: a. Horizontal aluminum or vinyl lap siding; b. Cedar or wood siding; c. Weather resistant grain pressboard; d. Stucco, block or stone; or e. Other materials approved by the Director. 6. The homes shall have a roof composed of a material customarily used on site built residential dwellings, such as asbestos, fiberglass, shake, asphalt or tile, which shall be installed onto a surface appropriately pitched for the materials used. Chapter 32: Manufactured Homes 32 -1 Summer 2004 vl CARMEL 0000533 CITY OF CARMEL ZONING ORDINANCE 32.02 Placement with Permit. Manufactured homes not meeting the terms of this subsection shall be permitted only after receiving a variance approved by the Board or be located in an approved Mobile Home Park. 32.03 Structural Alteration. Any structural alteration or modification of a manufactured home after it is placed on the site must be in full compliance with the Carmel/Clay Zoning Ordinance and approved by the Director of the Department of Community Services prior to a building permit being issued. Chapter 32: Manufactured Homes 32 -2 Summer 2004 vl • • CARMEL 0000534 CITY OF CARMEL ZONING ORDINANCE CHAPTER 32: MANUFACTURED HOMES AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Chapter 32: Manufactured Homes 32 -3 Summer 2004 vl CARMEL 0000535 CITY OF CARMEL ZONING ORDINANCE wee CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 33: RESIDENTIAL OPEN SPACE REPEALED PER ORDINANCE No. Z -339 See SUBDIVISION CONTROL ORDINANCE; CHAPTER 7: OPEN SPACE STANDARDS FOR MAJOR SUBDIVISIONS 33.00 Residential Open Space Ordinance. 33.01 Purpose. 33.02 Applicability. 33.03 Minimum Requirements. 33.04 Development Standards Alternatives. 33.05 Project Open Space. 33.06 Calculation of Open Space. 33.07 Procedure for Residential Open Space Ordinance Development Plan Approval. 33.08 Maintenance of Common Open Space. EXHIBIT A EXHIBIT B 33.01 Ptif»ese. 33.02 33.03 . 33.04 33.05 Pfeieet n..,,., c...,,.,. Chapter 33: Residential Open Space Ordinance 33 -1 as adopted per Z -296; repealed per Z -339 effective October 4, 1999 Summer 2004 vl CARMEL 0000537 CITY OF CARMEL ZONING ORDINANCE 33.07 Chapter 33: Residential Open Space Ordinance 33 -2 as adopted per Z -296; repealed per Z -339 effective October 4, 1999 Summer 2004 vl • • • CARMEL 0000538 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING & SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 34: ZONING VIOLATIONS 34.00 Zoning Violations. 34.01 Civil Violations: Exceptions. 34.02 Schedule of Civil Monetary Fines. 34.03 Citation for Civil Zoning Violations. 34.04 Trial for Civil Zoning Violation. 34.00 Zoning Violations.' Definitions. A. Definitions. Terms used in this Ordinance are defined in Chapter 3: Definitions. 34.01 Civil Violations: Exceptions. A. 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, shall upon citation by the designated enforcement entity be deemed to have committed a civil zoning violation and shall pay to the City of Carmel a civil monetary fine m the amount prescribed by Section 34.02. B. Each separate day of violation that remains uncorrected is a distinct and separate civil zoning violation subject to an additional citation and fine in the amount prescribed by Section 34.02. 34.02 Schedule of Civil Monetary Fines.' A. The civil monetary fine for each civil zoning violation of the Zoning Ordinance shall be one hundred dollars ($100.00), except as provided by in Subsection (b) below. B. For a repeated civil zoning violation by the same violator, the following fines shall apply: 1. Second Violation $200.00 2. Third Violation $300.00 3. Fourth Violation $400.00 4. Each violation in excess of four (4) $500.00 34.03 Citation for Civil Zoning Violations.' A. The Director or his duly authorized designee(s), upon verification of a civil zoning violation, may issue a civil violation to any responsible party(ies) who commit(s) a civil zoning violation. The citation may be served by personal service or by certified mail or by placement in a conspicuous 1 Section 34.00 amended per Ordinance No. Z- 416 -03, §1 -m. 2 Section 34.02 amended per Ordinance No. Z- 365 -01. Chapter 34: Zoning Violations 34 -1 as amended per Z- 365 -01; Z- 416 -03; Z- 470 -05 Winter 2005 v2 CARMEL 0000540 CITY OF CARMEL ZONING ORDINANCE place on the property where the civil zoning violation occurs. If personal service of a civil zoning violation is made by a zoning official, said official will: 1. Wear on his person in a conspicuous manner, identification from the City of Carmel; and 2. Wear on his person in a conspicuous manner, identification of his employment with the Department. The citation shall serve as notice to the responsible party(ies) that he has committed a civil zoning violation. B. Where a Zoning Violation exists, the Director, or his duly authorized designee, may issue a Citation against the property owner for the violation without first issuing a Notice of Violation. In his sole discretion, the Director, or his duly authorized designee, may issue a Notice of Violation and allow a period of time for the property owner to correct the violation and to comply with the appropriate Section of the Zoning Ordinance. At the expiration of the period of time granted in the Notice of Violation for compliance, the Director, or his designee, may issue a citation for the zoning violation in his discretion. C. The Notice of Violation shall include: 1. Date of issuance; 2. The name and address of the persons(s) charged; 3. Section number of the Zoning Ordinance that has been violated; 4. Nature of the Civil Violation; 5. The place and time that the Civil Violation occurred; 6. Range of fines which could be assessed upon continued noncompliance activity; 7. Specific time allowed to bring the Civil Violation into compliance; 8. Name, business address and telephone number of Zoning Official issuing the citation; and 9. Date and time of notice given and number of days given on notice; D. The citation shall be on a form adopted by the Department and shall include: 1. Date of issuance; 2. The name and address of the person(s) charged; 3. Section number of the Zoning Ordinance that has been violated; 4. Nature of the Civil Violation; 5. The place and time that the Civil Violation occurred; 6. Amount of the civil fine assessed; 7. The date, time, and location of the Court in which the civil violation will adjudicate; and 8. Name, business address and telephone number of Zoning Official issuing the citation; and 9. Date and time of notice given and number of days given and number of days given on notice. 3 Section 34.03 amended per Ordinance No. Z- 416 -03, §n; Z- 470 -05, §t. Chapter 34: Zoning Violations 34 -2 as amended per Z- 365 -01; Z- 416 -03; Z- 470 -05 Winter 2005 v2 • • CARMEL 0000541 CITY OF CARMEL ZONING ORDINANCE 34.04 Trial for Civil Zoning Violation.4 A. Upon issuance of the citation, the Zoning Official shall forward a copy of the citation to the designated enforcement entity and the City Court of the City of Carmel, Indiana, shall schedule the case for trial. The City Attorney, his designee, or the Department is responsible for the enforcement of this Ordinance. All procedures will be in compliance with the Indiana Rules for Civil Procedure, and will adopt Court cost recovery for infractions according to the State of Indiana. B. In proceedings before the Court for a Civil Zoning Violation: 1. The designated enforcement entity has the burden of proving the Civil Zoning Violation and the violator committed the infraction, by a preponderance of the evidence presented at trial; 2. The violator may question all witnesses who appear for the designated enforcement entity and produce evidence or witnesses on the violator's behalf; C. A person found guilty of a civil zoning violation is liable for the fine, Court costs and fees. No costs may be assessed against the designated enforcement entity in any such action. D. Seeking a civil penalty as authorized in this Section, does not practice the designated enforcement entity from seeking alternative relief from the Court in the same action, or from seeking injunctive relief available under the law of the State of Indiana, or any other remedy in a separate action for the enforcement of the Zoning Ordinance; E. When a violator has been guilty of a Civil Zoning Violation, the Court may impose additional civil penalties and grant appropriate relief to abate or halt the violation, and the Court may direct that payment of the civil monetary fine or additional civil penalties be suspended or deferred under conditions established by the Court. If a violator fails to pay the civil penalty or violates the terms of any other order imposed by the Court, the failure is contempt; and F. A change of venue from Carmel, Indiana, shall not be granted in such a case. 4 Section 34.04 amended per Ordinance No. Z- 365 -01. Chapter 34: Zoning Violations 34 -3 as amended per Z- 365 -01; Z- 416 -03; Z- 470 -05 Winter 2005 v2 CARMEL 0000542 CITY OF CARMEL ZONING ORDINANCE CHAPTER 34: ZONING VIOLATIONS AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z- 365 -01 76 -Ola OA November 5, 2001 November 27, 2001 34.2(A); 34.2(B)(1); 34.2(B)(2); 34.2(B)(3); 34.4(A) Z- 416 -03 40 -02 OA November 17, 2003 November 18, 2003 34.00; 34.03 Autumn 2003 vi Z- 470 -05 04100026 OA February 21, 2005 February 21, 2005 34.03(B) Winter 2005 v2 Chapter 34: Zoning Violations 34 -4 as amended per Z- 365 -01; Z- 416 -03; Z- 470 -05 Winter 2005 v2 • • CARMEL 0000543 • CARMEL PLAN COMMISSION Rules of Procedure (Effective August 15, 2006) Article I. Authority and Duties Section 1. The Carmel Plan Commission (hereinafter called "Commission ") exists as an Advisory Plan Commission under the authority of IC 36 -7 -4 -404 and the Zoning Ordinance of the City of Carmel, Indiana, and any amendments thereto. These rules are adopted in accordance with the requirements of IC 36 -7 -4 -401. Section 2. The duties of the Commission shall be those set forth in IC 36 -7 -4 -400 et seq., and such other responsibilities as may be required by state statute or the Carmel City Code. Article II. Officers, Members & Employees Section 1. The Commission shall consist of 11 voting members, appointed in accordance with IC 36 -7 -4 -207 and IC 36 -7 -4 -214 (for those additional members appointed to represent that part of the Commission jurisdiction lying outside the corporate boundaries of the City). In addition, there shall be one advisory member appointed by the Hamilton County Plan Commission. Said advisory member shall have all rights of participation in the deliberations of the Commission except the right to vote. Section 2. At its first regularly scheduled meeting in each calendar year, the Commission shall elect from its voting membership a president and a vice president. Each shall serve during the period of their membership on the Commission for the balance of the calendar year. Section 3. The vice president shall act as president of the Commission during the absence or disability of the president. Section 4. Upon resignation or replacement of the president or vice president as a member of the Commission, the Commission shall elect a successor at its next regularly scheduled meeting. Section 5. The Commission shall appoint and fix the duties of a secretary, who is not required to be a member of the Commission. The secretary shall be charged with such duties as required under state statutes, Carmel city ordinances, and these rules. Section 6. One member of the Commission shall be designated as the Commission's representative to the Hamilton County Plan Commission. Section 7. One member of the Commission shall be designated as the Commission's representative to the Carmel Board of Zoning Appeals. Section 8. If a vacancy occurs among the members of the Commission, the appointing authority shall appoint a member for the unexpired term of the vacating member. The appointing authority may remove a member pursuant to IC 36- 7- 4- 218(0. In addition, if a member of the Commission misses three consecutive regular meetings, or a total of six meetings of the Commission in any calendar year, that member becomes disenfranchised and shall no longer be considered a viable member of the Commission. CARMEL 0000552 Plan Commission Rules of Procedure Effective August 15, 2006 Page 2of13 Section 9. The Commission may appoint such employees as are necessary to the discharge of the duties of the Commission. Within its budget allotment, the Commission may fix the compensation of such employees in conformity with salaries and compensation fixed up to that time by the Carmel City Council. Section 10. Within its budget allotment, the Commission may contract for special or temporary services and for legal counsel. Article III. Meetings Section 1. The regular meetings of the Commission shall be the third Tuesday of each month at 6:00 p.m. The location of the meeting shall be in Council Chambers of the City of Carmel, City Hall, One Civic Square, Carmel, Indiana. If the date of a regular meeting falls on a legal holiday, or if it is impossible to conduct the meeting at that time or place, the president may set an alternate date, time or place for the regular meeting, or may cancel the meeting with the unanimous consent of the members of the Commission, provided that the notice requirements of IC 5- 14 -1.5 are complied with. Section 2. Special meetings may be called by the president or two members of the Commission upon written request to the secretary. The secretary shall send to all members, at least five calendar days before the special meeting, a written notice fixing the time, place and purpose of the meeting. Written notice is not required if: (a) the date, time and place of the special meeting are fixed in a regular meeting; (b) all members of the Commission are present at that regular meeting; and (c) the secretary complies with the notice requirements of IC 5- 14 -1.5. Section 3. The order of business at regular meetings shall be: (a) Call to Order (b) Pledge of Allegiance (c) Roll Call (d) Determination of Quorum (e) Consideration of Minutes of Previous Meeting (f) Communications, Bills, and Expenditures (g) Report of Officers and Committees (and Staff, if applicable) (h) Public Hearings (i) Old Business (j) New Business (k) Adjournment Section 4. The president of the Commission shall preside over meetings, decide questions of order, subject to appeal by Commission members, and preserve decorum in the meeting room. The president shall pronounce the decisions of the Commission for purposes of recording in the minutes. Section 5. No one who is not a member of the Commission shall be permitted to address the Commission except by request to and consent of the president. • CARMEL 0000553 • • • Plan Commission Rules of Procedure Effective August 15, 2006 Page 3 of 13 Article IV. Official Action Section 1. A majority of the members of the Commission who are qualified to vote shall constitute a quorum. Action of the Commission shall not be official unless it is authorized at a regular or properly called special meeting by a majority of the entire membership of the Commission. Section 2. Decisions of the Commission shall be by a show of hands, by roll call vote or by written ballot of the members. All members present shall vote on every question unless they are permitted to abstain by the presiding officer, or in the case of a zoning matter, have disqualified themselves because of a conflict of interest as defined under Section 3 of this Article. Section 3. No member of the Commission shall participate in a hearing, discussion, or decision of the Commission upon any zoning matter in which the member has a direct or indirect financial interest. A "zoning matter" includes an ordinance amendment or a rezoning but does not include the preparation or adoption of a comprehensive plan. A member shall declare his or her known conflict of interest. The Commission shall enter into its records the fact that the member has such a disqualification. Section 4. In the event a majority vote of the Commission cannot be achieved due to absences, permitted abstentions, or disqualifications, the matter shall be rescheduled for the next regular meeting. Section 5. Any member of the Commission who voted with the majority may call for a reconsideration of any vote at the same meeting of the Commission at which it passed, and, if sustained by a majority of the votes, the reconsideration shall be ordered. Article V. Minutes and Records Section 1. The secretary of the Commission shall prepare and maintain minutes of its meetings. The minutes shall include the vote of each member on each question presented or indicate that the member is absent, abstaining with permission, or not voting because of disqualification. Section 2. The minutes of the Commission meetings and all records shall be filed in the office of the Commission and are public record, as defined by IC 5 -14 -3. Section 3. The minutes shall be presented to the Commission for approval at the next succeeding regular meeting. When approved, the minutes shall be signed by the president and attested by the secretary. Article VI. Docketing Section 1. Each case to be heard before the Commission shall be filed in proper form with the required data and shall be numbered serially. The docket numbers shall include the year and begin anew on January 1 of each year and be identified as follows: PP - Primary Plat PP Amend - Primary Plat Amendment SP - Secondary Plat SP Amend - Secondary Plat Amendment SW - Subdivision Waiver PV - Plat Vacation CP - Comprehensive Plan CARMEL 0000554 Plan Commission Rules of Procedure Effective August 15, 2006 Page 4 of 13 CP Amend - Comprehensive Plan Amendment OA - Amendment to the Zoning or Subdivision Ordinance DP - Development Plan DP AMEND - Development Plan Amendment Z - Rezoning ZW - Zoning Waiver CA - Commitment Amendment CP - Amendment of Comprehensive Plan ADLS - Site plan, Architectural Design, Landscaping, Lighting and Signage ADLS AMEND - Site plan, Architectural Design, Landscaping, Lighting and Signage Amendment Section 2. If the Director of the Department of Community Services (DOCS) finds that the petition is in good order with sufficient information and material for Commission consideration (as described in Section 4 of this Article), the Director shall assign a docket number to the matter. Section 3. As soon as an item that requires a public hearing receives a docket number, it shall be placed on the agenda of the Commission by the Director of DOCS and a date and time set for the public hearing. The Director shall endeavor to arrange the agenda for each regularly scheduled meeting so that it contains no more than seven items requiring a public hearing. Items shall come before the Commission in the regular order of their consecutive numbers unless otherwise ordered by the Commission. Section 4. The deadline for placement of an item (which does not require a Public Hearing) on the Commission agenda for the regularly scheduled meeting shall be 4:30 p.m. 45 calendar days prior to the meeting. The deadline for placement of an item on the agenda of a standing committee for any meeting shall be 4:30 p.m. 14 calendar days prior to the meeting. No item shall be placed on the agenda of the Commission or a standing committee until all information and material to be presented to the Commission by the petitioner has been submitted to DOCS for review and judged to be in compliance with DOCS standards. All material regarding an agenda item including items requiring a Public Hearing shall be mailed to each member of the Commission or committee by DOCS (unless previously mailed by the petitioner) no later than seven calendar days prior to the meeting. Presentation of required filing documents at the meeting, as established by DOCS, shall require the Commission or committee to suspend these rules to proceed with further action on the petition. Failure to suspend the rules will prohibit further action on the petition until the next regularly scheduled meeting of the full Commission or committee. Article VII. Public Hearings/Notice Requirements Section 1. The Commission shall hold such public hearings as are required by state statute and city ordinances. Items requiring Public Hearings are as follows, but not limited to: Development Plan, Primary Plat, Vacation of a Plat, Change Official Zoning Map (Rezone), Amend/Repeal/Change Text of the Zoning Ordinance, Subdivision Control Regulations or Comprehensive Plan, or other matter under jurisdiction of the Commission. The Commission may hold additional hearings at such times and places upon such notice as it considers necessary. • • CARMEL 0000555 • • • Plan Commission Rules of Procedure Effective August 15, 2006 Page 5 of 13 Section 2. A petitioner who seeks to vacate a plat, change the official zoning map (rezone), amend the text of the zoning ordinance, subdivision control regulations or comprehensive plan, or other matter under jurisdiction of the Commission shall file a petition with Commission. Two copies of the petition, application, or plats must be filed with the Commission at least 60 days prior to a regularly scheduled Commission meeting. Section 3. All petitions not initiated by the Commission itself shall be accompanied by a non- refundable filing fee in an amount established by the Carmel/Clay Zoning Ordinance, Section 29.6. Section 4. For the purpose of amending the previous section dealing with filing fees, the Commission shall publish a public notice in a newspaper of general circulation which conforms to sections 9 and 10 of this Article. Section 5. The Commission may require additional information, data, statistics, or plats beyond those established by statute or ordinance which are deemed necessary for intelligent determination by the Commission. Section 6. The petitioner is hereby designated by the Commission as the party responsible for preparing the legal advertisement of the public hearing for the approval of the Commission and shall bear the expense of the advertising cost. Section 7. A. When a Public Hearing is required for an amendment to the Comprehensive Plan notice shall be given to all interested parties as follows: (1) All interested parties shall constitute the general public, residents, and property owners of the jurisdiction. (2) Notice will be given by publication in a daily newspaper of general circulation in the County. (3) It shall be the responsibility of the petitioner to publish the notice. B. When a Public Hearing is required for any ministerial or administrative determination to be made by the Commission, notice shall be given to the general public as described in Paragraph A and shall also be sent by certified letter to all interested parties as follows: (1) Interested parties shall be the owners of real estate lying within 660 feet of the subject property, or a depth of two property ownerships, whichever is less, as shown by a certified issue of the Auditor of Hamilton County (or an adjacent county as described below), or by a title insurance company and dated not more than 45 days prior to the date of the public hearing. (2) If the subject of the proposal abuts or includes a county line, or a county line or road, or a county line body of water, all owners of real property to a depth of two ownerships or 1/8 of a mile into the adjacent county are interested parties (pursuant to IC 36-7-4 - 604(c)) and must receive notice. C. When a Public Hearing is required for any ministerial or administrative determination to be made by the Commission, the petitioner shall also serve notice to the general public by placing a sign per the approval of Staff on the subject property. The sign shall be placed no less than 25 days prior to the public hearing and removed no more than three days after. CARMEL 0000556 Plan Commission Rules of Procedure Effective August 15, 2006 Page 6 of 13 Section 8. A. When a public notice of hearing is required for the amendment to the wording or text of the Zoning Ordinance under IC 36 -7 -4 -607, it shall be given to interested parties as follows: (1) Interested parties shall be the residents of the jurisdiction of the Plan Commission and of the two adjoining counties. (2) Notice will be by publication in a daily newspaper of general circulation in the county. (3) It will be the responsibility of the petitioner to publish all of said notices. B. When a Public Hearing is required for a rezone by an amendment to the zone maps under IC 36 -7 -4 -608, then notice shall be given as follows: (1) Interested parties shall be the owners of real estate lying within 660 feet of the subject property, or a depth of two property ownerships, whichever is less, as shown by a certified issue of the Auditor of Hamilton County (or an adjacent county as described below), or by a title insurance company and dated not more than 45 days prior to the date of the Public Hearing. (2) If the subject of the proposal abuts or includes a county line, or a county line or road, or a county line body of water, all owners of real property to a depth of two ownerships or 1/8 of a mile into the adjacent county are interested parties (pursuant to IC 36- 7- 4- 604(c)) and must receive notice. (3) The petitioner will be the person responsible for causing the notice to be sent by certified letter, and will be responsible for publishing the notice as required in this paragraph. C. When a Public Hearing is required for a rezone by an amendment to the zone maps under IC 36 -7 -4 -608, the petitioner shall also serve notice to the general public by placing a sign per the approval of Staff on the subject property. The sign shall be placed no less than 25 days prior to the public hearing and removed no more than three days after. Section 9. The Commission shall require the petitioner to notify by certified letter all persons deemed by State Statute and the Commission to be interested parties as defined above. However, when an amendment to the zone maps under IC 36 -7 -4 -608 would rezone the subject property or properties to any Park and Recreation District, the petitioner shall notify by certified letter all owners of the subject property but shall not be required to notify by certified letter the owners of interested parties as defined above. Notice of hearings on proposals initiated by the Commission pursuant to IC 36- 7- 4- 602(b)(1) or IC 36- 7- 4- 602(c)(1) shall be published or sent not less then 10 days prior to the Public Hearing date (including the date of the hearing). Notice of hearings on all other proposals shall be published or sent not less then 25 days prior to the Public Hearing date (including the date of the hearing). The parties designated in the above sections will be the persons designated by the Commission as the party responsible for causing the notice to be published. For the purposes of consideration, a daily newspaper of general circulation in Hamilton County in accordance with the Indiana Code would be the Indianapolis Star. CARMEL 0000557 • • Plan Commission Rules of Procedure Effective August 15, 2006 Page 7 of 13 Section 10. The following information shall be included in both the published legal notice (Section 9) and the notice to interested parties (Section 8): (a) Docket number and the substance of the matter to be heard (b) The legal description of the subject real estate (c) General location by address or other identifiable geographic characteristic of the property (d) Name of the person, agency or entity initiating the matter to be heard (e) A general description of the petitioner's request of approval (f) Date, time and place of the hearing (g) Statement that the petition may be examined at the DOCS office (h) Statement that any person may offer verbal comments at the hearing or may file written comments prior to or at the hearing (i) Any other information which may be required by law to be contained in such notice. Section 11. Three working days prior to the date of the public hearing, the petitioner shall deliver to the Office of the Director of DOCS a copy of the notice mailed to the interested parties, a copy of the petitioner's certified mail receipts and an affidavit from the publisher (newspaper) certifying the date that the notice was published. Section 12. An interested party may waive, at any time, notice of the public hearing by the execution of a written statement addressed to the president or secretary of the Commission stating that such interested party has or had knowledge of the date, time and place of the public hearing, and the nature of petitioner's requested approval and hereby waives notice of such public hearing thereon as required under this Article. Article VIII. Conduct of Public Hearings Section 1. At a public hearing before the Commission, the petitioner, property owner, or agent for the petitioner shall first present the facts and arguments in support of the case. Comments and questions from the Commission members may be interjected during the presentation for clarification of the subject matter. Each of those persons who wishes to comment on the petition must address the president and be recognized before speaking. Each person must state his or her name and address. To maintain orderly procedure, each side should proceed without interruption by the other side. Section 2. All items for Public Hearing shall be presented in the following manner: Petitioner's Presentation — 15 minutes General Public Comments Favorable — 5 minutes Organized Remonstrance Unfavorable — 15 minutes General Public Comments Unfavorable — 5 minutes Petitioner's Rebuttal — 5 minutes Staff Comments — As requested for explanation or at the end of the public hearing. At the discretion of the majority of the Commission members present the above time may be extended. There should be no time for rebuttal of the rebuttal; however, should it occur the petitioner shall always be given the opportunity to give final rebuttal (per Roberts Rules of Order). Section 3. The president shall close the public hearing after hearing the staff comments (if any). The president shall distribute or read all written public comments on the petition received by the Commission. All public comments will be entered into the public record by the Commission secretary. CARMEL 0000558 Plan Commission Rules of Procedure Effective August 15, 2006 Page 8of13 Section 4. After the public hearing is formally closed and any comments and questions from the Commission and/or Staff have been heard, the president shall then assign the matter to the appropriate committee. The president must close the public hearing before assigning the matter to committee, unless these Rules are suspended in accordance with Article XII, Section 2 herein. Section 5. If the Staff and Commission's questions and concerns have been satisfactorily answered during the public hearing, then final action may be taken on a matter at the close of the hearing without the matter being assigned to committee. However, to take final action at this time, a suspension of the Rules in accordance with Article XII, Section 2 is required. Section 6. In the presentation of a case, the burden shall be upon the petitioner to supply all information, including charts, diagrams and other exhibits necessary for a clear understanding of the project. The Commission may continue the hearing when in its judgment the petitioner has not provided sufficient evidence on which to make a determination. Section 7. Every person appearing before the Commission shall abide by the order and directions of the president. Discourteous, disorderly or contemptuous conduct shall be regarded as a breach of the privileges of the Commission and shall be dealt with as the Commission directs. Applause in support of statements is an example of discourteous conduct which will not be condoned. In addition, the president shall have the authority to prohibit repetitious and irrelevant testimony and shall have the authority to limit the length of testimony by each speaker as deemed appropriate to a fair and efficient public hearing. Section 8. The Commission, at its discretion, may permit a petitioner to make amendments or modifications to a proposal pending before it, or may continue or postpone the hearings of any case. Article IX. Final Disposition of Cases Section 1. After consideration of any reports and recommendations of DOCS, the final disposition of any case shall be in the form of a decision or report, setting forth, when deemed appropriate, the recommendation (if any), findings and determinations of the Commission, together with any modifications, specifications or limitations which it makes. In any case in which the Commission is required to make written findings along with a final decision, the Commission may adopt findings as submitted by the petitioner or by any interested party, with or without modifications, specifications or limitations, or the Commission may delegate to Staff and/or legal counsel the authority to prepare written findings. When written findings are required, the Commission's findings shall be executed by the president and secretary of the Commission and filed in the office of the Commission within 45 days after the date of the Commission's final decision. Section 2. The Commission may dismiss a case for lack of prosecution or lack of jurisdiction. When a petitioner has failed to appear at two consecutive meetings, the case may be dismissed for lack of prosecution. With respect to a Secondary Plat, when the Secondary Plat has been pending before Staff for three consecutive months, Staff may request that the Commission dismiss the case for lack of prosecution. Staff shall notify the petitioner by mail, not less than 10 days before presenting the request to the Commission, that Staff will seek the Commission's approval to dismiss the Secondary Plat petition. • • CARMEL 0000559 • • • Plan Commission Rules of Procedure Effective August 15, 2006 Page 9 of 13 Section 3. A petitioner may not withdraw a case after a vote has been ordered by the president. Section 4. A case which has been withdrawn by the petitioner shall not be placed on the docket again for consideration within a period of six months after the date of withdrawal. A new case involving the same property that was the subject of a case which has been withdrawn by any petitioner shall not be placed on the docket for consideration within a period of three months after the date of withdrawal. Section 5. A case which has been decided adversely to the petitioner shall not be placed on the docket again for consideration until the legality of the Commission's decision is finally determined pursuant to IC 36 -7 -4 -1000 et seq., or for a period of 12 months following the date of the adverse decision previously rendered, whichever is later. A new case involving the same property that was the subject of a case which has been decided adversely to any petitioner shall not be placed on the docket for consideration until the legality of the Commission's decision is finally determined pursuant to IC 36 -7 -4 -1000 et seq., or for a period of six months following the date of the adverse decision previously rendered, whichever is later. Section 6. Because the Commission's recommendation (if any) is only advisory in matters of rezones and text amendments to the Zoning Ordinance, Subdivision Control Regulations, or Comprehensive Plan, all such matters shall be certified to the Common Council for its consideration in accordance with state statute. The Commission's recommendation (if any) on any such matter may then be followed or overturned by the Common Council in accordance with state statute and the rules of the Council. Article X. Reconsideration of Rezone Proposals Section 1. The Commission may not further consider for one year any proposal to amend the zoning map (rezone) which has been defeated under subsection (f)(3), (g)(3), or (g)(4) of IC 36- 7 -4 -608. Section 2. The Commission may not further consider for six months any proposal to amend the zoning map. (rezone) which has been withdrawn by the petitioner, regardless of whether it is withdrawn while it is pending on the Commission's docket or pending before the Common Council. Section 3. If a new proposal to amend the zoning map (rezone) involves the same property that was the subject of a defeated proposal, as described in Section 1 above, the new proposal may not be considered by the Commission until six months have elapsed from the date the defeated proposal was defeated under subsection (0(3), (g)(3), or (g)(4) of IC 36 -7 -4 -608. Section 4. If a new proposal to amend the zoning map (rezone) involves the same property that was the subject of a withdrawn proposal, as described in Section 2 above, the new proposal may not be considered by the Commission until three months have elapsed from the date the withdrawn proposal was withdrawn. Section 5. A rezone proposal that is restricted from consideration under this Article shall not be assigned a docket number or placed on the Commission's agenda before the expiration of the restriction period, unless these Rules are suspended in accordance with Article XII, Section 2 herein. CARMEL 0000560 Plan Commission Rules of Procedure Effective August 15, 2006 Page 10 of 13 Article XI. Committees Section 1. The regular meetings of the Commission's Standing Committees (Subdivision and Special Study Committees) shall be on the first Tuesday of each month at 6:00 p.m. in the Caucus Rooms (on the north side of the Council Chambers of the City of Carmel), City Hall, One Civic Square, Carmel, Indiana or other such time, date, place as designated by the Commission. Section 2. A. The Special Study Committee shall be appointed by the president of the Commission, for one year and shall meet as required. Vacancies shall be filled immediately by the president. B. The Special Study Committee shall review in detail, and file a written report with the Commission on the proposals presented to the Commission at public hearing and referred to the Committee for further study. In addition, pursuant to IC 36- 7- 4- 402(d), the Commission hereby designates and empowers the Special Study Committee to review,'and approve or disapprove, all ADLS Amendment petitions that are filed with and docketed by DOCS. Section 3. A. The Subdivision Committee shall be appointed by the president of the Commission, for one year and shall meet as required. Vacancies shall be filled immediately by the president. B. The Subdivision Committee shall review in detail, and file a written report with the Commission, on the proposals presented to the Commission and referred to the Committee which deal specifically with Primary Plat Applications, Residential Planned Unit Developments, matters specifically concerning the design and operation of all subdivisions, and other matters which are from time to time assigned to it by the Commission. In addition, pursuant to IC 36-7 - 4-402(d), the Commission hereby designates and empowers the Subdivision Committee to review, and approve or disapprove, all Primary Plat Amendment petitions that are filed with and docketed by DOCS. C. The Commission hereby designates and appoints the Executive Committee of the Commission as its plat committee pursuant to IC 36- 7- 4- 701(e). Secondary Plats and related construction plans may be presented by Staff to the Executive Committee for resolution when not all concerns have been resolved between Staff and the petitioners. However, the Executive Committee may act under this paragraph only if the petitioner has given 25 days notice of the Executive Committee meeting to the same interested parties who received notice of the Primary Plat petition under Article VII of these Rules. Otherwise, the Commission hereby delegates to Staff the authority to grant Secondary Plat approvals, in accordance with IC 36 -7 -4 -710. D. Pursuant to IC 36- 7- 4- 709(c), the Director shall determine, based on inspections conducted by Staff, whether all improvements and installations as shown on the Primary Plat have been constructed and completed as required by the Subdivision Control Ordinance. However, in accordance with IC 36- 7- 4- 709(a) and (b), approval may be granted to a Secondary Plat for a subdivision in which the improvements and installments have not been completed as required by the Subdivision Control Ordinance, if: (1) the petitioner provides a bond, or other proof of financial responsibility as prescribed in the Subdivision Control Ordinance, that: (A) is an amount determined by the • • • CARMEL 0000561 • Plan Commission Rules of Procedure Effective August 15, 2006 Page 11 of 13 Commission or Executive Committee to be sufficient to complete the improvements and installations in compliance with the Ordinance; and (B) provides surety satisfactory to the Commission or Executive Committee; or (2) with respect to the installation or extension of water, sewer, or other utility service: (A) the petitioner shows by written evidence that it has entered into a contract with the political subdivision or utility providing the service; and (B) the Commission or Executive Committee determines based on written evidence that the contract provides satisfactory assurance that the service will be installed or extended in compliance with the Subdivision Control Ordinance. Section 4. A. The Executive Committee shall consist of the president, vice president, chairperson of the Subdivision Committee, chairperson of the Special Study Committee, and an at -large member elected by the Commission. A majority of the Executive Committee may act in the name of the Commission; but if there are any dissenting votes, a person voting in the minority may appeal the decision of the Executive Committee to the Commission. B. The Executive Committee shall review proposed budgets and rule changes, establish personnel salaries, and act in the name of the Commission on all administrative matters. The Executive Committee shall meet to consider matters which are brought before it by the president, who shall serve as the chairperson of the Executive Committee. The Executive Committee shall recommend procedures for resolving special issues and concerns brought to the Commission for consideration. Section 5. The president shall take geographical distribution into consideration when establishing membership of said committees. Section 6. Additional committees may be formed and appointed by the president of the Commission for purposes and terms which the Commission approves. Section 7. The chairpersons of the Subdivision and Special Study Committees shall be elected by the members of the Committees. Section 8. Committees shall keep minutes of their proceedings showing the vote of each question presented. Section 9. A majority of the members of a Committee shall constitute a quorum. Action of a Committee shall not be official unless it is authorized at a regular or properly called special meeting by a majority of the entire membership of the Committee. Section 10. If less than a majority of members of a committee are present, the president may appoint himself or other Commission members to hear and vote the matters pending before that committee. Section 11. Any and all Committee and Executive Session meetings of the Commission shall be open to all members of the Commission. However, attendance at a Committee meeting by a majority of the entire membership of the Commission shall not convert such Committee meeting into a meeting of the Commission, for purposes of Article IV of these Rules, nor shall any action taken at such a meeting be deemed the official action of the Commission. CARMEL 0000562 Plan Commission Rules of Procedure Effective August 15, 2006 Page 12 of 13 Section 12. Upon any matter assigned or referred to a Committee, the petitioner may summarize arguments and the Committee may question further. The Committee shall not conduct a further or additional public hearing after the president of the Commission has formally closed the public hearing on a matter in accordance with Article VIII, Section 3 of these Rules. However, the chairperson has the discretion to allow for comments and questions from the public on any matter pending before the Committee, subject to Section 14 below. Section 13. After the Staff and Committee's questions and concerns have been satisfactorily answered, then the Committee may take action on a matter. The Committee, at its discretion, may permit a petitioner to make amendments or modifications to any proposal pending before it, or may continue its discussion of any proposal until satisfactory amendments or modifications are submitted for its consideration. The Committee may also continue its discussion of any matter when in its judgment the petitioner has not provided sufficient evidence on which to make a determination. Section 14. Every person appearing before a Committee shall abide by the order and directions of the chairperson. Discourteous, disorderly or contemptuous conduct shall be regarded as a breach of the privileges of the Committee and shall be dealt with as the Committee directs. Applause in support of statements is an example of discourteous conduct which will not be condoned. In addition, the chairperson shall disallow repetitious and irrelevant testimony and shall have the authority to limit the length of testimony by any speaker as deemed appropriate to a fair and efficient public meeting. Section 15. After consideration of any reports and recommendations of DOCS, the final disposition of any matter within the Committee's sole jurisdiction shall be in the form of a decision setting forth the findings and determinations of the Committee together with any modifications, specifications or limitations which it makes. In any case in which the Committee is required to make written findings along with a final decision, the Committee may adopt findings as submitted by the petitioner or by any interested party, with or without modifications, specifications or limitations, or the Committee may delegate to Staff and/or legal counsel the authority to prepare written findings. When written findings are required, the Committee's findings shall be executed by the chairperson of the Committee and secretary of the Commission and filed in the office of the Commission within 45 days after the date of the Committee's final decision. Section 16. The disposition of any matter that has been assigned to the Committee by the president of the Commission for a recommendation shall be in the form of a committee report, setting forth the Committee's recommendation (if any), together with any modifications, specifications or limitations which it may recommend to the Commission. The Committee's recommendation (if any) on any such matter may then be followed or overturned by the Commission in accordance with state statute, city ordinances, and these rules. In any case in which the Commission will be required to make written findings along with a final decision, the Committee may recommend that the Commission adopt findings as submitted by the petitioner or by any interested party, with or without modifications, specifications or limitations, or the Committee may recommend that Staff and/or legal counsel be granted the authority to prepare written findings. • • • CARMEL 0000563 • • • Plan Commission Rules of Procedure Effective August 15, 2006 Page 13 of 13 Article XII. Miscellaneous Section 1. Roberts Rules of Order are hereby incorporated by reference and made a part of these Rules and shall control on issues and procedures not expressly provided for herein. Section 2. Proposed additions to, alterations, and amendments or repeal of these Rules of Procedure may be presented by the Executive Committee at any regular or special meeting of the Commission. Such additions, alterations, or amendments may be adopted only upon the affirmative vote of a majority of the members of the Commission. The suspension of any rule may be ordered at any meeting by a two - thirds vote of the Commission (8 of 11). Article XIII. Repeal All previous rules and regulations heretofore published by the Carmel Plan Commission, City of Carmel Plan Commission, or Carmel/Clay Township Plan Commission are hereby superseded and replaced by these rules, as of August 15, 2006. Rules of Procedure of the Carmel Plan Commission of the City of Carmel, Hamilton County, Indiana, effective as of August 15, 2006, approved by the affirmative vote of a majority of the members of said Commission at the regular meeting of said Commission held on the 15th day of August, 2006. Attest: Ramona Hancock, Secretary CARMEL 0000564 • • • CARMEL BOARD OF ZONING APPEALS RULES OF PROCEDURE Revised as of August 28, 2006 WHEREAS, by authority granted this Board pursuant to I.C. 36- 7- 4- 916(a) et seq., the Carmel Board of Zoning Appeals (hereinafter called the "BZA ") does hereby adopt the following rules of procedure in the administration and conduct of its duties: Article I. Power and Duties. Article II. Election of Officers and Appointment of Employees. Article III. Meetings. Article IV. Agendas. Article V. Appeals. Article VI. Hearings and Notice. Article VII. Conduct of Hearings. Article VIII. Final Disposition of Cases. Article IX. Hearing Officers. Article X. Suspension and Amendments. Article I. Power and Duties. Section 1. The BZA shall function within the parameters of I.C. 36 -7 -4 -916 et seq., as amended, and as further provided by City Ordinance. Section 2. All meetings of the BZA shall comply with the Open Door or Sunshine Act and any amendments thereto (I.C. 5- 14 -1.5 -1 et seq.). Article II. Election of Officers and Appointment of Employees. Section 1. At its first regular meeting of each year, the BZA shall elect from its members a Chairperson and Vice - Chairperson. The Vice - Chairperson shall have authority to act as Chairperson during the absence or disability of the Chairperson. The Chairperson and Vice - Chairperson shall serve until their respective successors are elected. In the event both the Chairperson and the Vice - Chairperson are absent from a regularly scheduled meeting, a temporary Chairperson shall be elected from the membership to Chair that meeting. Section 2. The Chairperson shall preside at all meetings of the BZA. Except as otherwise authorized by a resolution of the BZA, the Chairperson shall sign all contracts, claims against the BZA budget and other instruments made by the BZA. At each meeting, the Chairperson shall submit such recommendations and information as he or she may deem proper concerning the business, affairs and policies of the BZA. The Chairperson shall moderate all matters before the BZA following a fair, unbiased and impartial policy. The Chairperson, subject to these rules, shall decide all points of order or procedure, unless otherwise directed by a majority of the BZA present. The Chairperson shall appoint any committee that may be found necessary by the BZA in order to undertake the duties of the BZA. Section 3. The BZA may appoint and prescribe the duties of a Secretary and such other employees as are necessary for the discharge of its duties, and within its budget, fix their compensation. Section 4. All ministerial duties of the BZA not otherwise delegated may be delegated to the Director of the Department of Community Services or his/her authorized representatives, who are referred to generally in these rules as the "Administrator ". 1 CARMEL 0000566 Carmel /Clay Board of Zoning Appeals Rules of Procedure As Amended August 28, 2006 Article III. Meetings. Section 1. The regular meetings of the BZA shall be held on the 4th Monday of each month at 6:00 p.m. in the City of Carmel City Hall at One Civic Square, Carmel, or at such other location timely designated by the Chairperson. If the 4th Monday of the month falls on a legal holiday, the BZA shall set a substitute meeting date at the preceding regular meeting. Section 2. Special meetings of the BZA may be called by the Chairperson, by any two (2) members upon written request to the Secretary, or as determined at a regular meeting. All members shall be notified of special meetings by the Secretary unless otherwise so notified at a regular meeting. Section 3. A majority of the members of the BZA shall constitute a quorum. No action is official, unless authorized by a majority of the BZA at a regular or properly called special meeting. Section 4. The BZA shall keep minutes of its proceedings. In addition to stating the date, time, and place of each meeting and reflecting the business conducted, the minutes shall also show the names of all BZA members and supportive staff present, indicating the late arrival or early departure of these personnel. Minutes shall include the vote of each member present and voting on every question, whether or not a final decision is rendered. Should any member(s) be disqualified from participating and voting on any application or otherwise unable to participate with the BZA, an alternate member may be appointed by the appointing body to fulfill the duties of the disqualified member. The minutes of each meeting shall be approved (or amended and approved) at the next regular meeting. The approved minutes shall become official when signed by the presiding officer and attested to by the Secretary. Copies of the minutes of the previous meeting shall be submitted to BZA members prior to the next regular meeting. Section 5. The BZA may tape record the proceedings of each meeting to substantiate and clarify the official minutes. Section 6. The BZA shall keep in its records all material relevant to each agenda item, including, but not limited to required documents from the petitioner as part of the application; any data or evidence presented by either the petitioner and his or her supporters or by remonstrators at the public hearing; completed ballot forms; and any correspondence received by the BZA pertinent to the item. All records shall be kept in the BZA's office and shall be a matter of public record, open for inspection during business hours. Section 7. All meetings shall terminate automatically if a quorum is not present. Should a meeting last past 11:00 p.m., the agenda item then being heard shall be concluded, and the question shall then be put to the members as to whether to take up any further business or to recess the meeting to a time unanimously agreed upon for the purpose of completing that agenda. A majority of the quorum present shall decide the issue, a tie vote being considered a vote to recess. A recessed meeting shall not be considered a special meeting, although the Secretary shall be required to notify any members who were not in attendance at the regular meeting of the date, time and place of such recess. Section 8. Unless otherwise provided for in these Rules of Procedure, all meetings shall be conducted according to Robert's Rules of Order, as revised. Article IV. Agendas. Section 1. The Administrator shall review any application to be placed on the BZA's agenda for technical and legal compliance with the terms on the Zoning Ordinance before entering it on the BZA's agenda. In placing any item on a given agenda, care shall be taken that the petitioner has sufficient time to comply with the notification requirements for advertising and legal notice to interested parties. Section 2. All items appearing on the BZA's agenda for the first time shall be assigned a docket number by 2 • • • CARMEL 0000567 • • • Carmel /Clay Board of Zoning Appeals Rules of Procedure As Amended August 28, 2006 the BZA or its delegate who shall also set a date, time and place for any required public hearing. Each item shall be numbered individually and consecutively in the order in which the applications are placed on the agenda. The docket numbers shall begin anew on January 1st of each year and shall include the assigned number, the year, and the appropriate letter identifying the type of case to be heard. These identifying letters shall be: A = Appeal of a decision or determination of the Director of the Department of Community Services CA = Commitment Amendment I = Appeal of an Interpretation of the Official Zoning Map N = Appeal of Nonconforming Use Determination SE = Special Exception SU = Special Use V = Development Standards Variance UV = Use Variance Section 3. Any application to the BZA which involves land usage in any way shall be sent to the Technical Advisory Committee (TAC) for its review and recommendations prior to being heard by the BZA. Section 4. Petitions not initiated by the BZA itself shall be accompanied by a non - refundable filing fee as established by Ordinance. Section 5. When amending the previous section (Article IV, Section 4 dealing with Filing Fees), the BZA shall publish a public notice as required by Article VI of these Rules of Procedure. Section 6. The order of business on the agenda for each regular meeting shall be: A. Call to Order B. Pledge of Allegiance C. Swearing in of Members (when applicable) D. Roll Call E. Declaration of a Quorum F. Approval of Minutes of Previous Meeting(s) G. Election of Officers (when applicable) H. Communications, Bills and Expenditures I. Reports, Announcements and Staff Concerns J. Public Hearings K. Old Business L. New Business M. Adjournment Section 7. All items on the agenda for each meeting shall appear, under the proper heading, in the order of their assigned docket numbers unless otherwise ordered by the BZA. Section 8. Copies of the agenda and support documentation for the items appearing at the regular meeting shall be submitted to the BZA members no less than seven days prior to the meeting. If support information on a particular item is not received by the Board seven days prior, the item will be tabled until the next regularly scheduled meeting. Deletions, but not additions, to the agenda may be submitted to the BZA at a regularly scheduled meeting. The agenda for a special meeting may be submitted at the time of the special meeting, but shall include only the item or items for which the meeting was specifically called. Article V. Appeals. Section 1. An appeal from any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of any zoning ordinance shall be filed with the BZA. 3 CARMEL 0000568 Carmel /Clay Board of Zoning Appeals Rules of Procedure As Amended August 28, 2006 Section 2. (a) The appeal shall be filed with the BZA within thirty (30) days of the decision of the enforcing official or board that is being contested. In those cases where the thirtieth day falls on a Saturday, a Sunday, a legal holiday, or a day on which the office of the BZA is closed, the filing deadline shall be extended to the end of the next business day. The appeal shall be filed in duplicate on a form provided by the BZA and shall specify the grounds thereof in such a manner as to fully inform the BZA of all facts and elements involved, including a clear statement of the reason(s) why the petitioner deems the appeal to be justified. Any communication purporting to be an appeal or petition shall be regarded as a mere notice of intention to seek relief and shall be of no force or effect until made in the form required. (c) When appropriate, the petitioner shall provide the BZA with copies of any documents supporting his or her case. (d) The Administrator shall review the application and place it on the BZA's agenda when it is in technical and legal compliance. Section 3. Following placement on the agenda, the BZA or its delegate shall assign a docket number and fix a date, time and place for the public hearing. The Administrator shall so notify the petitioner. Section 4. The administrative official or board from whom the appeal is taken shall, upon request of the BZA, transmit to it all documents, plans, papers, etc., leading to the decision being appealed. Section 5. When an appeal has been filed with the BZA, proceedings on the premises affected shall be stayed unless the official or board certifies to the BZA that a stay would cause imminent peril to life or property. In that case proceedings may only be stayed by a restraining order. The BZA may issue a restraining order after application, notice to the officer or board and to the owner of the premises affected, and upon due cause shown. The official or board charged with the enforcement of the ordinance may call upon the police power of the City or Township to give effect to that order. (b) Article VI. Hearings and Notice. Section 1. Subject to the provisions of I.C. 36 -7 -4 -920 et seq., public hearings shall be held on all appeals from decisions of the administrative official or board charged with enforcement of the zoning ordinances. Section 2. Subject to the provisions of the zoning ordinances of the City of Carmel and Clay Township, Indiana, public hearings shall be held on any variance, special exception, or special use applications. Section 3. (a) In appeals and applications for commitment amendments, variances, special exceptions, and special uses to be heard by the BZA, a legal notice of the public hearing shall be prepared by the petitioner and advertised in a daily newspaper of general circulation in the County, not less than twenty-five (25) days prior to the hearing, not including the date of the hearing itself. (b) In applications for development standards variances to be heard by a BZA Hearing Officer under Article IX of these Rules of Procedure, a legal notice of the public hearing shall be prepared by the petitioner and advertised in a daily newspaper of general circulation in the County, not less than ten (10) days prior to the hearing, not including the date of the hearing itself. (c) For purposes of consideration, a daily newspaper of general circulation in the county, in accordance with the Indiana Code, would be the Indianapolis Star. The petitioner shall assume the cost of said notice and two (2) copies of an affidavit from the publisher shall be submitted to the Administrator prior to the public hearing. Section 4. The petitioner is encouraged to use the standard "Public Notice" form available from the Administrator. 4 • • CARMEL 0000569 • • • Carmel /Clay Board of Zoning Appeals Rules of Procedure As Amended August 28, 2006 Section 5. The petitioner shall also serve notice to owners of property adjoining and abutting the affected area, including property across a public right -of -way. Such notification may be by certified mail with return receipts requested, or may be hand delivered if signed receipts are obtained. Notification must be sent or hand delivered not less than twenty-five (25) days (or ten (10) days, for applications to be heard by a BZA Hearing Officer) prior to the hearing and must include the location and nature of the subject petitioned or appealed, and give the date, time, and place for the public hearing. The petitioner shall be responsible for obtaining a certified list of the names and current addresses of the owners of such adjoining and abutting property owners from the records on file in the office of the Hamilton County Auditor in Noblesville, Indiana, and shall provide the Administrator with two (2) copies of this list certified by the Auditor against which to check the signed receipts of the notice. Whenever any adjoining or abutting property lies across the county line, then the petitioner shall be responsible for obtaining a certified list of the names and current addresses of such adjoining and abutting property owners from the records on file in the office of the Boone County Auditor or Marion County Auditor, as the case may be, and shall provide the Administrator with two (2) copies of this list certified by that Auditor against which to check the signed receipts of the notice. Section 6. The petitioner shall also serve notice to the general public by placing a sign per the approval of the Administrator (size and placement) on site of the petition. The sign shall be placed no less than twenty-five (25) days (or ten (10) days, for applications to be heard by a BZA Hearing Officer) prior to the public hearing and removed no more than three days after. Section 7. (a) Regarding any agenda item pending before it, the Administrator may request, or the BZA in its discretion may direct, the attorneys for the petitioner and all interested parties to meet with the Administrator for a pre - hearing conference to consider: (1) the simplification of the issues; (2) the possibility of obtaining admissions of fact and of documents which will avoid unecessary proof; (3) a limitation of the number of expert witnesses; (4) an exchange of names and witnesses to be called during the hearing and the general nature of their expected testimony; (5) the desiribility of using one or more types of alternative dispute resolution before the hearing is held; and (6) such other matters as may expedite the disposition of the agenda item. The Administrator shall give at least ten (10) days notice of the pre- hearing conference unless otherwise directed by the BZA. At least one (1) attorney planning to take part in the hearing shall appear for each of the parties and participate in the conference. (c) Each attorney shall completely familiarize himself or herself with all aspects of the pending item in advance of the conference and be prepared to enter into stipulations with reference to as many facts and issues and exhibits as possible. (d) If necessary or advisable, the Administrator may adjourn the pre- hearing conference from time to time or may order an addition pre- hearing conference. (e) If, following the pre- hearing conference or during the hearing, counsel discovers additional exhibits or the names of additional witnesses, the same information required to be disclosed at the conference shall be immediately furnished opposing council. The original of any such disclosure shall immediately by filed with the Administrator and shall indicate the date is was furnished opposing counsel. (b) 5 CARMEL 0000570 Carmel /Clay Board of Zoning Appeals Rules of Procedure As Amended August 28, 2006 Article VII. Conduct of Hearings. Section 1. A public hearing that has been legally advertised and noticed to be held at a given meeting may start later than the stated time if prior items on the agenda are running late, but in no case may it start earlier than the advertised time. Section 2. No member of the BZA shall participate in the hearing and determination of a zoning matter in which he or she has a direct or indirect financial interest. Any disqualification of a member shall be included in the minutes, and an alternate member may be appointed to participate as a member concerning that particular item. Section 3. All members present at a given meeting shall vote on all questions before the BZA unless they are disqualified from participating by state law. No abstentions from voting shall be allowed. Section 4. If proof of proper legal notice and/or notice to adjoining and abutting property owners is not presented to the Administrator by the petitioner prior to the public hearing, not counting the hearing date itself, the petition shall be tabled and rescheduled for the next regular meeting. Public announcement of this change at the originally scheduled meeting shall be deemed sufficient notice to all parties. Should a question concerning defect in notice be raised, it must be raised prior to the start of the hearing, although personal appearance by such an owner shall waive the defect. Section 5. The petitioner, petitioner's attorney or their representative with proper power of attorney must be present in order for a public hearing to be held as scheduled. However, written appearances by those augmenting the presentation, as well as by those either supporting or remonstrating against it will be accepted prior to or during the public hearing. Failure of the petitioner or their representative to appear will result in the petition being tabled and rescheduled for the next meeting, unless those remonstrating against it object to the tabling, in which case the BZA may vote to dismiss the petition for lack of prosecution. Public announcement of this change or dismissal at the originally scheduled meeting will be deemed sufficient notice to all parties. Section 6. (a) If only a majority (3 out of 5 members) of the BZA are available to hear any agenda item, thereby requiring that the petitioner receive an affirmative vote from all members present in order to prevail, the petitioner may request that the BZA table his or her agenda item once, with the reasonable expectation that more members will be available at the next meeting. In order to exercise this option, however, he or she must request the tabling prior to the start of the hearing of that agenda item, by informing the Chairperson. (b) If the petitioner wishes to request a tabling for any other reason, he or she shall inform the Administrator not less than five days prior to the meeting. However, the BZA shall grant a petitioner only one tabling under this paragraph (b), unless the petitioner agrees to provide new notices of the public hearing as required by Article VI of these Rules of Procedure. (c) This section does not prohibit a petitioner from withdrawing his or her agenda item less than five days prior to the meeting at which it is to be heard. However, any item so withdrawn must then be re -filed with the BZA, and the petitioner must provide new notices of the public hearing as required by Article VI of these Rules of Procedure. (d) Whenever the BZA grants a one -time tabling under paragraph (a) or (b), public announcement of the change of hearing date at the originally scheduled meeting will be deemed sufficient notice to all parties. Section 7. (a) The BZA, at its own discretion, may continue or postpone the hearing of any agenda item upon the affirmative vote of a majority of the members present. Such a continuance or postponement will not be considered a tabling requested or otherwise caused by the petitioner. 6 • CARMEL 0000571 • • • Carmel /Clay Board of Zoning Appeals Rules of Procedure As Amended August 28, 2006 (b) Whenever the BZA continues or postpones the hearing of an agenda item under paragraph (a), public announcement of the continuance or change of hearing date at the originally scheduled meeting will be deemed sufficient notice to all parties. Section 8. During a hearing, the petitioner may offer oral amendments to their petition, all of which must be made a part of any motion to approve and so indicated on the official Findings of Fact attested to by the Secretary. The petitioner and/or their representative shall be required to sign the official Findings of Fact to indicate their willingness to comply with any oral amendments. However, should the BZA determine that any proposed amendments are material or substantial enough to warrant further review by the Administrator or an additional public hearing before final action is taken, the petitioner shall be required to table his or her petition and submit a written amended petition. Section 9. Once a motion to approve a petition has been made and seconded, members may further discuss the petition. Once members have been asked to vote by filling out their ballots, no further discussion, tabling or amending of the petition will be allowed, and a vote may be taken only on the application as presented. Should any facts brought out in a BZA meeting or hearing indicate that more terms of any zoning ordinance are being varied than were actually applied for, procedures followed before the BZA can take action on that aspect of a proposal. Section 10. If a petition is tabled as a result of rules 4, 5, 6, 7, 8 or 9 of this Article, the petitioner must take affirmative action on the petition in time to be heard at the next regularly scheduled meeting of the BZA. If no such action has been taken, the BZA may vote to dismiss the petition for lack of prosecution. Affirmative action shall include withdrawing the petition, proceeding with the petition as originally filed, or amending the petition and presenting it as amended. Section 11. If a petition has been tabled for any reason and at any point prior to taking a vote, the petitioner shall have the night to file one (1) amended petition. All such amendments must be in written form and must be submitted for review by the Administrator, prior to the next meeting. It shall be left to the discretion of the Administrator as to whether or not the nature of the amendment(s) indicate that the petitioner should take necessary steps to re- notice their application or be required to submit his or her amended petition to the Technical Advisory Committee (TAC) for its review and recommendations prior to appearing before the BZA. Payment of any fees associated with the amendment procedure shall be as set forth in Article IV, Section 4 of these Rules. In all cases when an amended petition is presented to the BZA, the public hearing shall be reopened. Section 12. Orderly conduct shall be required of every person appearing before the BZA or attending a BZA meeting. All persons shall abide by these rules and the direction of the Chairperson. Discourteous, disorderly or contemptuous conduct shall be regarded as a breach of the privileges of the BZA and shall be dealt with as the BZA or the Chairperson directs. All persons recognized by the Chair shall rise and identify themselves by name and address before addressing the BZA. Section 13. The procedure to be followed for the holding of a public hearing shall be as follows: (1) The Chairperson shall officially open the public hearing. During the hearing, the Chairperson may limit the length of time all persons may speak or request that repetitious statements by different speakers be avoided in order to reasonably limit the length of the hearing. (2) The petitioner shall make his or her presentation (15 minutes), with the burden of providing all necessary information for a clear understanding of the application falling upon him or her. (3) Statements and/or letters from the public in support of the project will be heard (5 minutes). 7 CARMEL 0000572 Carmel /Clay Board of Zoning Appeals Rules of Procedure As Amended August 28, 2006 (4) Statements and/or letters from the public in remonstrance against the project will be heard (15 minutes). (5) The petitioner may make a brief rebuttal to any public remonstrance (5 minutes). (6) To maintain orderly procedure, each side should proceed without interruption by the other side. (7) Following public remonstrance and petitioner rebuttal, the Technical Advisory Committee reports or Administrator recommendations concerning the application will be heard. (8) The BZA members shall have an opportunity to question the petitioner concerning the application. As deemed necessary, members may also ask for clarification of points made by the public or may request a legal opinion from the BZA's counsel regarding any aspect of the petition. (9) The Chairperson shall ask if the BZA is ready to proceed to a vote and close the public hearing. (10) A member of the BZA may make an appropriate motion for disposition of the case, which must then be seconded by another member. Any conditions to the approval of an application must be so stated in the motion. (11) Further discussion may be called for by the BZA. Any amendments to the motion itself must be made, seconded, discussed and voted on, and the question shall then be put to the BZA. Article VIII. Final Disposition of Cases. Section 1. All decisions of the BZA, on matters heard in public hearings shall be by record vote. The chairperson shall publicly announce the decisions of the BZA for purposes of recording in the minutes. The vote of each member shall be a matter of permanent record. Section 2. Voting shall be by written ballots. Ballots shall be filled out by all voting members on each issue before the BZA except internal BZA procedural issues (electing officers, hiring employees, adopting Rules, etc.) or in such a case as the BZA concludes that ballots are unnecessary or inappropriate. Section 3. A majority of the entire membership of the BZA must approve the petition. The BZA may adopt written findings of fact as submitted by the petitioner or by any interested party, with or without modifications, specifications, or limitations, or the BZA may delegate to its counsel and/or the Administrator the authority to prepare written findings. The BZA's written findings shall be executed by the chairperson and secretary of the BZA and filed in the office of the BZA within 45 days after the date of the BZA's decision. Section 4. In the event that a vote on an application before the BZA results in a tie vote or does not receive the necessary majority vote to decide the issue, a "no decision vote" will be declared. The petition shall immediately be scheduled for rehearing at the subsequent month's meeting. When the petition is heard at the subsequent month's meeting, the petitioner may make a brief recapitulation of their previous presentation and may elect to amend it or to present additional evidence in support of it. Any public hearing which was held when the application was originally presented shall be reopened to remonstrance or to address any proposed amendments or any new evidence which has been introduced. Section 5. The final disposition of any appeal before the BZA shall be in the form of a decision either reversing or modifying the requirement, order, decision, or determination appealed from or affirming the requirement, order, decision, or determination and denying the appeal. The BZA 8 • • • CARMEL 0000573 • • • Carmel /Clay Board of Zoning Appeals Rules of Procedure As Amended August 28, 2006 may adopt written findings of fact as submitted by the petitioner, by the respondent, or by any interested party, with or without modifications, specifications, or limitations, or the BZA may delegate to its counsel the authority to prepare written findings. The BZA's written findings shall be executed by the chairperson and secretary of the BZA and filed in the office of the BZA within 45 days after the date of the BZA's decision. The BZA may dismiss an appeal for lack of jurisdiction. Section 6. An application which has been withdrawn by the petitioner or dismissed by the BZA for lack of prosecution shall not be placed on the agenda for consideration within a period of three (3) months following the date of withdrawal or dismissal from the agenda of the BZA. Section 7. An application which has been decided adversely to the petitioner shall not be placed again on the BZA's agenda for consideration until the legality of the BZA's decision is finally determined pursuant to IC 36 -7 -4 -1000 et seq., or for a period of six (6) months following the date of the adverse decision issued by the BZA, whichever is later. Section 8. Any action which results in a determination by the BZA that it lacks jurisdiction over any application before it shall not be considered an adverse decision against the petitioner as defined in Section 7 of this Article. Following a decision that it lacks jurisdiction, the BZA may vote to refund filing fees. Article IX. Hearin Officers. Section 1. Pursuant to the alternate procedure authorized by Section 30.8 of the Carmel Clay Zoning Ordinance, regular hearings shall be conducted by a BZA Hearing Officer on the 1St and 2nd Thursday of each month at 1:00 p.m. in the City of Carmel City Hall at One Civic Square, Carmel, or at such other location timely designated by the Chairperson of the BZA. However, no hearings shall be conducted on any legal holiday. Section 2. Any BZA Hearing Officer has the power of the BZA to approve or deny a variance from the development standards of the Zoning Ordinance, or a special use or a special exception, after a public hearing conducted in accordance with these rules. A Hearing Officer shall make a decision on any application that he or she hears, at the conclusion of the hearing (including any continuance or postponement thereof) on that application. Within five (5) days after making any decision, the Hearing Officer shall file in the Office of the BZA a copy of his or her decision. Section 3. Unless otherwise provided for in this Article IX, all hearings before a Hearing Officer shall be conducted, insofar as practicable, in accordance with Articles III, IV, VI, and VII of these rules. In particular, the minutes and records of all proceedings before a Hearing Officer shall be kept in accordance with Article III, Sections 4 through 6. If a petition before a Hearing Officer is tabled as a result of Article VII, Section 4, 5, 6, 8, or 9, the petitioner must take affirmative action on the petition in time to be heard at the next regularly scheduled meeting of the BZA, as provided in Article VII, Section 10. Section 4. After the Administrator has reviewed and accepted any development standards variance, special use, or special exception application under Article IV, Section 1 of these rules, the Administrator may, pursuant to Section 30.8 of the Carmel Clay Zoning Ordinance, place the application upon a Hearing Officer's agenda instead of placing the application upon the agenda for a regular meeting of the BZA. Copies of each application on a Hearing Officer's agenda shall also be submitted to all members of the BZA, no less than ten (10) days before the scheduled hearing date for that agenda. Any member of the BZA may then communicate with the Administrator if in the opinion of the member an application should be placed upon the agenda for a regular meeting of the BZA. The Administrator shall then remove such application from the Hearing Officer's agenda and place it on the agenda for the next regular meeting of the BZA. 9 CARMEL 0000574 Carmel /Clay Board of Zoning Appeals Rules of Procedure As Amended August 28, 2006 Section 5. The Administrator may, not less than five (5) days before a hearing before a Hearing Officer, remove any application from the Hearing Officer's agenda if in the opinion of the Administrator: (1) the approval of the development standards variance, special use, or special exception may be found to be injurious to the public health, safety, morals, and general welfare of the community; or (2) the use or value of the area adjacent to the property included in the variance, use, or exception may be found to be affected in a substantially adverse manner If the Administrator removes an application from a Hearing Officer's agenda, the application shall be considered withdrawn, or shall be transferred to the agenda of the BZA if requested by the petitioner. Section 6. The Administrator may, not less than five (5) days before a hearing before a Hearing Officer, indicate that the Administrator has no objection to the approval of a development standards variance, special use, or special exception by the Hearing Officer if specified conditions are attached to the approval. If the petitioner does not accept these conditions, the application shall be considered withdrawn, or shall be transferred to the agenda of the BZA if requested by the petitioner. Section 7. Following the hearing of any application under the alternate procedure described in this Article IX, a Hearing Officer may impose conditions and may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel, as provided in I.C. 36 -7 -4 -921. If the petitioner fails to accept these conditions or fails to make the commitment, the application shall be considered withdrawn, or shall be transferred to the agenda of the BZA if requested by the petitioner. The Hearing Officer may not modify or terminate any commitment, whether made under the alternate procedure or pursuant to an approval by the BZA. Such a commitment may be modified only by the BZA itself. Section 8. A decision of a Hearing Officer may not be a basis for judicial review, but it may be appealed to the BZA. The BZA shall conduct a new hearing on the matter and shall not be bound by any findings of fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the BZA within fourteen (14) days after the decision is made, as provided in I.C. 36 -7 -4 -924. Section 9. A Hearing Officer shall not have the right to suspend these rules. Article X. Suspension and Amendments. Section 1. The BZA shall have the right to suspend these rules or any portion thereof, except where otherwise controlled by State Statute or the City of Carmel and/or Clay Township Zoning Ordinances, at any meeting, upon the majority approval of all members present. Section 2. The BZA shall have the right to amend these rules or any portion thereof at any regular or special meeting, provided that the amendments are approved by a majority of the BZA. Section 3. Should a court of any Jurisdiction declare these rules to be in part null or void, such ruling shall not affect the remainder of these rules, and they shall stay in full force and effect as if the omitted portion did not exist. 10 • • • CARMEL 0000575