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Sponsor: Councilor Rattermann
ORDINANCE NO. Z-4##-04
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in
IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances
must first approve by resolution a comprehensive plan for the geographic area over which it has
jurisdiction; and
WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket
No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan
Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
the City of Carmel and Clay Township; and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning
Ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to
amend the text of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-
1600-02, the Carmel Zoning Ordinance is incorporated by reference into the Carmel City Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 04100026 OA
having received a favorable recommendation from the Carmel Advisory Plan Commission on
Tuesday, DATE, 2004, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance
(Ordinance No. Z-289, as amended), to read as follows:
Section I:
CHAPTER 25.07: SIGN ORDINANCE
a. Amend Section 25.07.02-03: Home Occupation and Boarding House (Residential Zone);
~j: Required Approvals to read:
j) REQUIRED APPROVALS: }dl permanent signs requiring a permit that are
established in the R 5 zone or the u.s. 31 O'/erlay Zone require Commission
approyal. AD LS annroval is reauired for all nermanent sirns that are established in
a ZoninQ District and/or Overlay Zone reauirinQ ADLS annroval.
b. Amend Section 25.07.02-04: Home Occupation and Boarding House (Business and
Manufacturing Zones); ~j: Required Approvals to read:
j) REQUIRED APPROVALS: ..^JI permanent signs requiring a permit that are
established in the B 4, B 7, B 8, 1\4: 3, or U.S. High'y'/ay 31 Overlay Zone require
Commission approval. AD LS annroval is reauired for all nermanent sirns that are
established in a ZoninQ District and/or Overlay Zone reauirinQ ADLS annroval.
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c. Amend Section 25.07.02-05: Institutional Uses; ~j: Required Approvals to read:
j) REQUIRED APPROVALS: .L'\ll permanent signs requiring a permit that are
established in the R 5, B 4, B 7, B 8, and 1\1 3 zones or the U.S. High'yT/ay 31
Overlay Zone require Commission appro'/al. ADLS annroval is reauired for all
nermanent sirns that are established in a ZoninQ District and/or Overlay Zone
reauirinQ ADLS annroval.
d. Amend Section 25.07.02-06: Recreational Uses; ~j: Required Approvals to read:
j) REQUIRED APPROVALS: }JI permanent signs requiring a permit that are
established in the B 4, B 7, B 8, 1\1 3 or U.S. High'y'/ay 31 O'/erlay Zone require
Commission appro',.Tal. ADLS annroval is reauired for all nermanent sirns that are
established in a ZoninQ District and/or Overlay Zone reauirinQ ADLS annroval.
e. Amend Section 25.07.02-07: Special Use and Use Variance Signs; ~j: Required
Approvals to read:
j) REQUIRED APPROVALS: }~s required per the regulations of all applicable
Zoning Districts and/or O'lerlay Districts. ..'\11 permanent signs requiring a permit
that are established in the R 5/Residence District require ..\DLS approval from the
Commission. AD LS apuroval is reauired for all nermanent sirns that are
established in a ZoninQ District and/or Overlay Zone reauirinQ ADLS auuroval.
f. Amend Section 25.07.02-08: Single Tenant Building; ~j: Required Approvals to read:
j) REQUIRED APPROVALS: fJI permanent signs requiring a permit that are
established in a B 4, B 7, B 8, 1\4: 3 or U.S. 31 High"yT/ay Overlay Zone require
Commission approval. ADLS annroval is reauired for all nermanent sirns that are
established in a ZoninQ District and/or Overlay Zone reauirinQ ADLS annroval.
g. Amend Section 25.07.02-09: Multi-Tenant Ground Floor Building; ~j: Required
Approvals to read:
j) REQUIRED APPROVALS: fJI permanent signs requiring a permit that are
established in a B 4, B 7, B 8, 11 3, or U.S. 31 High\vay Overlay Zone require
Commission approval. AD LS apnroval is reauired for all uermanent sirns that are
established in a ZoninQ District and/or Overlay Zone reauirinQ ADLS annroval.
h. Amend Section 25.07.02-10: Multi-Tenant Multi-Level Building,. ~j: Required Approvals
to read:
j) REQUIRED APPROVALS: All permanent signs requiring a permit that arc
established in a B 4, B 7, B 8, 14: 3, or u.s. 31 High'l/ay O'lerlay Zone require
Commission approval. ADLS annroval is reauired for all nermanent sirns that are
established in a ZoninQ District and/or Overlay Zone reauirinQ ADLS annroval.
1. Amend Section 25.07.02-11: Multi-Tenant Building Complex,. ~b: Number & Type to
read:
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.
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11/19/2004
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 25.07.04 01 (b) Section 25.07.02-
Q2iJ;ill shall be permitted per frontage.
J. Amend Section 25.07.02-11: Multi-Tenant Building Complex; ~j: Required Approvals to
read:
j) REQUIRED APPROVALS: All permanent signs requiring a permit that are
established in a B 4, B 7, B 8, 1\1 3 or U.S. High~yT/ay 31 Overlay Zone require
Conmrission approval. AD LS annroval is reauired for all nermanent sirns that are
established in a ZoninQ District and/or Overlay Zone reauirinQ ADLS annroval.
k. Amend Section 25.07.02-12: Window Signs to read:
25.07.02-12 Window Si2DS.
This section applies to all commercial properties zoned B-1, B-2, B-3, B-4;-B-5, B-6, B-7, B-
8, 1-1, M-l. 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 defInition 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.
ii) 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: .L'\ll petmanent ',Vindo'.v Signs requiring a
permit that are established in the B 1, B 7, B 8, 1\4: 3 or U.S. High'y'lay 31
Oyerlay Zone require Commission appro'/al. ADLS annroval is reauired
for all nermanent sirns that are established in a ZoninQ District and/or
Overlay Zone reauirinQ ADLS annroval.
8) SIGN PERMIT: Required for permanent Window Signs.
9) FEES: Required for permanent Window Signs.
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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 defmition of Window Sign.
4) DESIGN: No restrictions except for those signs which require approval
by the Co1111TIission. However, signs in Unified Centers must be of a
similar design and style of construction.
5) ILLUMINATION: Permitted.
6) REQUIRED APPROVAL: .L^JI permanent signs requiring a permit that
are established in the B 1, B 7, B 8, 1\4: 3 or U.S. High'y'y~y 31 Overlay
Zone require Commission approva1.ADLS annroval is reauired for all
nermanent siQns that are established in a ZoninQ District and/or Overlay
Zone reauirinQ ADLS annroval.
7) SIGN PERMIT: Required.
8) FEES: Required.
1. Amend Section 25.07.02-13: Old Town Carmel to read:
25.07.02-13 Old Town Carmel.
This section applies to all commercial uses located on properties zoned B-1, B-2, B-3, B-4,
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 bv the boundaries of
the Old Town District Overlay Zone. Said commercial uses may utilize either-the signage
requirements in Section 25.07.04 01, items (8) through (d), Sections 25.07.02-08 throUQh
25.07.02-12 of this Ordinance,; or the signage requirements listed in Section 25.07.01, item
(f)-:
a) SIGN CLASSIFICATION: Suspended Sign; Projecting Sign or Porch Sign. (Only
in Old Town Carmel 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
Ordinance No. 2-4##-04 DRAFT 11/19/2004
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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.
i) LANDSCAPING: Optional.
j) REQUIRED APPROVALS: fJl permanent signs requiring a permit that are
established in the B 4, B 7, B 8, 1\1 3 or U.S. High'yvay 31 Overlay Zone require
Commission approval. ADLS annroval is reauired for all nermanent sirns that are
established in a ZoninQ District and/or Overlay Zone reauirinQ ADLS annroval.
k) SIGN PERMIT: Required.
I) FEES: Required.
m. Amend Section 25.07.03-04: Political Signs; ~m: Time to read:
m) TIME: None
1) Residential Zones 1\1ust be removed \vithin seventy tv/o (72) hours after
the election to \vrnch they pertain.
2) Business and 1fanufacturing Zones 14:ust be removed \vithin seT/en (7)
days after the election to "Nrnch they pertain.
n. Repeal Sign Ordinance, Diagram 3: Old Town Carmel.
CHAPTER 26: ADDITIONAL HEIGHT, YARD, & LOT AREA REGULATIONS
o. Amend the Title of Chapter 26: Additional Height, Yard, & Lot Area Regulations to read:
CHAPTER 26: ADDITIONAL HEIGHT, YARD, ..'\ND LOT AREA. AND BUFFERING
REGULATIONS
p. Amend Section 26.04: Perimeter Buffering Requirements to read:
26.04.01 The reauirements of this Section shall annlv to all Snecial Uses. Subdivision Plats. ~nroDerties
containinQ multi-family uses and nronerties within all Business. ManufacturinQ. and Industrial
districts. unless other buffer or nerimeter nlantinQ standards are snecified 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.
26.04.04Perimeter buffering shall not be located within any portion of a dedicated public street right-of-
way, private street right-of-way, or County regulated drain easement.
26.04.05 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.
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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.
(b) 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.
q. Amend Section 26.04: Perimeter Buffering Requirements; Table for Bufferyard
Determination to read:
TABLE FOR BUFFERY ARD DETERMINATION
en C 3: :::c)> Z :::co ~~ -:I: eno -" -)> :I:-om
Z C C mo en m'T1 zm -10 ~)> ~:::c _z:::cx
0-1 -I'T1 c)> :::c. -. :::c -. -I (;)-1 "
(;) " . -I -:::c ~~ ?;s;: 3 m :l:m :::c
. ::! ~< =i )>- zm m.
. m _0 mm o~ o~ ~:::c m
m X ;, )>m 2: .J1:1 c:I: -10 )>en en
Co :::c ... )> ... )> -<> en
'T1 )> -I -I enc -< -I g>-< en.
)> 3: 0 0 -I en 0 CD Z ~
3: r= Z )> ~J1:1 :::c !: !: -I )>
r= -< . m -<
-<
SINGLE FAMILY B C C D D D D D C D D D
DEVELOPMENT
DUPLEX C A C B B C C D B D D D
DEVELOPMENT
MULTI.FAMIL Y C C B B B C C D C D D D
DEVELOPMENT
ACTIVE D B B A C C C C B D D D
RECREATION
INSTITUTIONALt 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; D C C C C C A B B D 0 D
LT. INDUSTRY
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.
BUFFERY ARD MINIMUM YARD WIDTH SHADE TREES ORNAMENTAL TREES SHRUBS *
SIDE FRONT & REAR
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)
CHAPTER 28: NONCONFORMING USES & EXEMPTIONS
r. Amend Section 28.07.04 to read:
28.07.04Nothing in this Ordinance shall prevent the restoration of a building or structure destroyed less
than forty percent (40%) of its market '/alue sauare foota2:e 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 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
Ordinance No. 2-4##-04 DRAFT
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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.
CHAPTER 29: ADMINISTRATION
s. Amend Section 29.06.01: Filing Fees to read:
29.06.01 Filing Fees.
1. Primary Plat $750.00 plus $50.00 per lot
2. Amended Plat or Replat $250.00 plus $100.00 per lot
(Primary, Secondary or Plat
Vacation)
3. Secondary Plat $750.00 plus $100.00 per lot
4. Lot Split $250.00
5. Zoning Ordinance Amendment $750.00 plus $100.00 per acre
(text or map/rezone)
6. PUD Ordinance $1250.002500.00 plus $100.00 per acre
7. Development Standards Variance:
a. Single- family (primary residence) a. $250.00 plus $75.00 for each
additional variance request
b. All other b. $950.00 plus $450.00 for each
additional variance request
8. Use Variance/Special Exception $1250.00 plus $100.00 per acre
9. Subdivision Regulations Waiver $750.00 plus $350.00 for each
additional waiver request
10. Special Use & Special Use $750.00 plus $100.00 per acre
Amendment
11. Development Plan $750.00 plus $100.00 per acre
12. Amended Development Plan $750.00 plus $100.00 per acre
13. Appeal $125.00
14. Architectural Design, Lighting, and $750.00 (plus $100.00 per acre when
Sign Approval not accompanied by a Development
Plan)
15. Amended ADLS
a. Sign only a. $250.00 plus $50.00 per sign
b. Building/site b. $500.00 plus $50.00 per acre
Ordinance No. 2-4##-04 DRAFT 11/19/2004
7
16. Condominium (Horizontal Property
Regime) Review
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.)
25. BZA Hearing Officer
a. Residential petition
b. Commercial petition
26. l\4:ining Permit
27. l\1ining ..'\nnual Report RevieTyTI
~26. Land Disturbance Permit
2>>27. Sexually Oriented Business Permit
APPENDIX A: SCHEDULE OF USES
(see attached Exhibit A)
Ordinance No. 2-4##-04 DRAFT
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$1000.00 plus $100.00 per lot
$1000.00 per commitment
a. $125.00
b. $350.00
$250.00
$750.00
$1500.00
$ 75. 00 (no charge if for primary
residence)
$150.00
$150.00 per Re- review
a. $125.00 plus $75.00 for each
additional variance request
b. $500.00 plus $250.00 for each
additional variance request
$10,000.00
$10,000.00
$125.00 plus $25.00 per acre
$1000.00 Annual Permit
11/19/2004
Section II: All prior Ordinances or parts thereof inconsistent with any provIsIon of this
Ordinance are hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Ordinance No. Z-4##-04 PASSED by the Common Council of the City of Carmel,
Indiana this _ day of , 2004, by a vote of ayes and
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby, District 2
Ronald E. Carter, President Pro Tempore
Brian Mayo, District 3
Fred Glaser, District 5
Mark Rattermann, At-Large
Joe Griffiths, District 4
Rick Sharp, District 1
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. 2-4##-04 DRAFT
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'to.
Ordinance No. Z-4##-04 Presented by me to the Mayor of the City of Carmel, Indiana
this _ day of , 2004, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-4##-04 Approved by me, Mayor of the City of Carmel, Indiana, this
_ day of , 2004, at .M.
J ames Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by:
John R. Molitor
Carmel Plan Commission Attorney
One Civic Square
Carmel, IN 46032
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