Z-330 PUD Village of West Claydraft: 12/15/97
revised: 2/16/98
4/10/98
6/3/98
6/29/98
7/6/98
7/8/98
7/28/98
7/31/98
8/3/98
1 O/19/98
11/13/98
ORDNANCE
WESTCLAY VILLAGE
PLANNED UNIT DEVELOPMENT
DISTRICT
TABLE OF CONTENTS
Section
Page
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25
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28
29
30
Legislative Intent .........................................................................1
Applicability of Ordinance ..........................................................1
Definitions ...................................................................................2
Modification of Development Requirements ..............................12
Permitted Principal Uses .............................................................13
Permitted Accessory Uses ...........................................................14
Residential Development .............................................................16
Commercial Development ...........................................................17
Blocks ..........................................................................................18
Streets ..........................................................................................19
Open Space ..................................................................................23
Civic Space ..................................................................................23
Recreational Space ......................................................................24
Sidewalks and Paths ....................................................................24
Area and Bulk Regulations ..........................................................25
Parking .........................................................................................29
Loading and Service Areas ............................................................33
Signs ............................................................................................33
Landscaping .................................................................................40
Detention and Retention Basins ....................................................42
Lighting .......................................................................................43
Fences and Walls .........................................................................43
Intentionally Omitted ...................................................................44
Platting and Installation of Improvements ...................................44
Certification and Recordation of the Development Plan .............45
Improvement Location Permits ...................................................46
Intentionally Omitted ....................................................................46
Filing Fees ....................................................................................46
Intentionally Omitted ....................................................................46
Commission Consents or Approvals ...........................................47
ORDINANCE NO. Z-330
AN ORDINANCE ESTABLISHING THE WESTCLAY VILLAGE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carreel/Clay Zoning Ordinance Z-289, as amended (the
"Zoning Ordinance"), provides for the establishment of a PUD District in accordance with the
requirements oflC 36-7-4-1500 et. seq.; and
WHEREAS, the Carmel/Clay Plan Commission has given an unfavorable recommendation
to the ordinance set forth below which establishes the WestClay Village Planned Unit Development
District (the "District");
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, that, pursuant to IC 36-7-4-1500 et. seq., it adopts this ordinance as an amendment to the
Zoning Ordinance.
Section 1. LeUislative Intent.
Having given reasonable regard to the Comprehensive Plan and the other matters specified in Section
31.6.4(4) of the Zoning Ordinance, and specifically to section 1.1.6, the intent of the Council in
adopting this Ordinance is to insure that the increased flexibility and design specificity regulations
over land development authorized herein is carried out under administrative standards and
procedures.
Section 2. Applicability. of Ordinance.
2.1. The Official Zoning Map, a part of the Zoning Ordinance, is hereby changed to designate the
land described in Exhibit A as a planned unit development district.
2.2. Development in the District shall be governed entirely by the provisions of this Ordinance
with the exception that provisions of the Subdivision Control Ordinance, the Zoning Ordinance and
the Sign Ordinance specifically referenced within this Ordinance and as in effect on the date hereof
shall also apply.
2.3. This Ordinance, having met the requirements oflC 36-7-4-702(b), constitutes the subdivision
control ordinance of the District.
Section 3. Definitions.
Unless otherwise stated, the following words shall, for the purpose of this Ordinance, have the
meaning herein indicated. Any word used in this Ordinance which is not defined herein and which
is defined in Section 3.0 of the Zoning Ordinance, Section 4.0 of the Subdivision Control Ordinance
or Section 0 1-2 of the Sign Ordinance shall, for the purpose of this Ordinance, have the meaning
defined therein, unless the context otherwise requires.
Accessorv Building. A building subordinate to another structure or use located on the same lot. An
accessory building may also include public utilities; communication, electric distribution and
secondary power lines; gas, water and sewer lines; their supports and poles, guy wires, small
transformers, wire or cable and other incidental equipment and public telephone booths.
Accessorv Dwelling. (See Dwelling).
Accessorv Use. A use subordinate to the main use, located on the same lot or in the same building
as the main use, and incidental to the main use, or otherwise utilized for a use described in the
definition of "accessory building".
Alley. A private way or easement located through the interior of blocks and providing vehicular and
service access to the side or rear of properties.
Apartment. A dwelling intended primarily for rental.
Apartment Block. Blocks A, B and C depicted on the Development Plan.
Apartment House. (See Dwelling).
Arcade. A walkway or driveway adjacent to a building (or between buildings) which is covered by
a roof (which may be the second story of the building) but which is not fully enclosed, not including
a carport or other area intended for the sheltered parking of vehicles.
Architectural Review Board. The board established by a Declaration for the purpose of reviewing
the design of all structures proposed to be constructed in that part of the District regulated by such
Declaration.
Assessment. The voluntary traffic impact assessment described in Section 32.2 of this Ordinance.
Bed and Breakfast. The renting of dwelling rooms or suites on a daily basis to tourists, vacationers
and business travelers where the only meal served is breakfast and it is available only to guests.
Blank Wall. An exterior building wall with no openings and generally constructed of a single
material, uniform texture, and on a single plane.
Buffer. An area within a property or site, generally adjacent to and parallel with the property line,
either consisting of existing natural vegetation or created by the use of trees, shrubs, berms, and/or
fences, and designed to limit views and sounds from the Development to adjacent properties and vice
versa.
Build-to Line. An alignment which dictates the maximum front yard setback from a street or public
right-of-way, to be followed by buildings or structures fronting thereon. The build-to line does not
apply to building projections or recesses. Where a build-to line is specified, the area between the
frontage line and the area forward of the build-to line specified in Section 9. 1 .B is the required
minimum front yard setback, subject to the variation permitted by Section 9.1 .B.
Build-up Line. An alignment which dictates an average height to the cornice line or to the roof edge
line on a street or space.
Building Height. The vertical distance from the highest finished grade relative to the street frontage
to the cornice line or to the roof edge line. The vertical distance from the cornice line or roof edge
to the parapet or roof ridge (including gables), and the height of towers, steeples, cupolas and other
architectural roof embellishments are not included in calculating building height.
Building Scale. The relationship between the mass of a building and its surroundings, including the
width of street, open space, and mass of surrounding buildings.
Caliper. The diameter of a tree trunk measured in inches, 6 inches above ground level for trees up
to 4 inches in diameter and measured 12 inches above ground level for trees over 4 inches in
diameter.
Cartway. The paved driving surface of a street or alley and any curbing.
Chapel. The place of meditation depicted on the Development Plan.
Civic Building. A building or facility the use of which is principally devoted to civic uses.
Civic Space. The area occupied by a civic building, including the surrounding lawn, plaza or
courtyard, on-site parking and appurtenant structures.
Civic Uses. Uses intended to serve as a public gathering place. Such uses include governmental
offices, meeting halls, libraries, museums or galleries operated primarily for the display, rather than
the sale, of works of art, indoor or outdoor theaters, auditoriums or other buildings or structures
designed, intended or used primarily for musical, dance, dramatic or other live performances,
community buildings and facilities, churches or other places of worship or meditation, colleges,
schools and other public or private educational establishments, post offices, day care centers, and
other institutional and community-oriented uses.
Close. An open space surrounded on all sides by cartways intended to afford vehicular access to,
and serve as a front space for, lots interior to a block.
Column. A vertical pillar or shaft, usually structural.
Commercial Block. Blocks E, F, G and H depicted on the Development Plan.
Commercial Structure. A building containing one or more spaces utilized for a purpose permitted
by Section 5.1 (D).
Common Parking Lot. A parking lot maintained by the Owners Association and intended for use
by the occupants of or visitors to a civic building, commercial structure or an apartment house.
Community Area. Open space, civic space and recreational space located in the District.
Congregate Housing. Dependent or independent living facilities for the elderly or the disabled.
Conservation Easement. An easement which complies with the requirements of the Indiana Uniform
Conservation Easement Act.
Context. The character of the buildings, streetscape, and neighborhood which surround a given
building or site.
Cornice. The top part of an entablature, usually molded and projecting.
Cupola. A small roof tower, usually rising from the roof ridge.
Curb Radius. For a mountable curb, the curved edge of the street at intersections, measured at the
front of the curb. For a chairback-type curb, measured at the back of the curb.
Day Care Center. Day care provided on less than a 24 hour basis for either children or adults,
according to the following limiting definitions:
Child Day Care Center. An individual, agency or organization providing supervision
or care on a regular basis for children who are not related by blood or marriage to,
and who are not the legal wards or foster children of, the supervising adult.
Adult Dav Care Center. An individual, agency or organization providing supervision
or care on a regular basis for adults in a place other than their usual place of abode.
Declaration. A Declaration of Covenants and Restrictions for one or more phases of the
Development recorded in the Office of the Recorder of Hamilton County, Indiana, as the same may
be amended from time to time.
Department. The Department of Community Services of the City of Carmel, Indiana.
Dependent Living Facility.. Nursing homes, rest homes and homes for the aged facilities which are
designed for persons who need a wide range of health and support services, such as medical, nursing
and personal services care, central dining facilities and transportation services.
Design Vocabulary. Building guidelines and requirements including but not necessarily limited to
a code of architectural style and massing recommendations, building detail guidelines, listing of
acceptable materials and colors, and landscape and streetscape details adopted by a Developer and
applied by an Architectural Review Board in considering plans for structures to be constructed in
the Primary Area. With respect to any commercial structure, apartment house or attached dwelling,
the Design Vocabulary shall be the provisions of the "Village of WestClay Building Guidelines and
Requirements" dated December 16, 1997 (amended July 31, 1998) applicable to commercial
structures, apartment houses and attached dwellings, as the case may be, as the same may be
modified from time to time with the approval of the Commission.
Developer. A person engaged in development of one or more phases of the Development.
Development. The land constituting the District as it may be developed in accordance with the
Development Requirements.
Development Guidelines. The non-binding developmental preferences set forth in this Ordinance.
Development Plan. The plan for the Development approved by the Commission, as the same may
be modified from time to time pursuant to Section 4.
Development Requirements. The Development Standards and the Development Plan.
Development Standards. The normative specific requirements for development in the District set
forth in this Ordinance.
District. The land described in Exhibit A attached hereto and incorporated herein.
Dwelling. A room or combination of rooms designed for year-round habitation, containing a
bathroom and kitchen facilities, and designed for or used as a permanent residence by at least one
person.
Detached dwelling. A dwelling that is developed with no party-walls and with open
yards on at least three sides, but not including manufactured homes, mobile homes,
modular homes or recreational or motor vehicles.
Duplex. Two dwellings placed one on top of another or attached side by side and
sharing one or more common walls that are not part of a townhouse project that also
includes three or more attached dwellings in a single row.
Attached dwelling. Rowhouse, townhouse, duplex, triplex, or quadriplex dwellings,
developed side by side for sale as condominiums, or as fee simple dwellings where
land is sold with the dwelling. Attached dwellings whether sold as condominiums
or as individually deeded lots are excluded from the definition of apartments.
Apartment house. More than four apartments placed one on top of another and/or
side by side and sharing common walls and common floors and ceilings, and which
are located on an apartment block, a commercial block or a single lot of record.
Accessorv dwelling. A dwelling which is attached to or located on the same lot as
a detached or attached single family dwelling, has an independent means of access
and is owned by the owner of the principal dwelling but occupied by another.
Accessory dwellings include apartments integrated within or attached to single family
dwellings, or those located in detached accessory buildings, such as garages, carriage
houses, or agricultural type outbuildings, located on the same lot as single family
dwellings.
Education Center. The educational lhcility depicted on the Development Plan.
Elderlv Day Care Center. A building or space in a building and grounds used for the day care of
senior citizens exclusive of daily health-related care or services.
Elevation. An exterior facade of a structure, or its head-on view, or representation drawn with no
vanishing point. and used primarily for construction.
Eligible Title Holder. Developer, a non-profit corporation having perpetual existence or a
governmental body.
Environmental Constraints. Features. natural resources, or land characteristics that are sensitive to
improvements and may require conservation measures or the application of creative development
techniques to prevent degradation of the environment, or may require limited development. or in
certain instances may preclude development.
Facade. A building face or wall.
Facade Signage Area. The area or areas on a commercial building facade where signs may be placed
without disrupting facade composition. The signable area will often include panels at the top of
show windows, transoms over storefront doors and windows, sign boards on fascias, and areas
between the top of the storefront and the sills of second story windows.
Fenestration. Window and other openings on a building facade.
Fascia. A projecting flat horizontal member or molding, also part of a classical entablature.
Focal Point. (See Visual Termination).
Frontage Line. The property line adjacent to the street. In the case of a comer lot, that part of the
lot having the narrowest frontage on any street shall be considered the frontage line unless otherwise
indicated on an approved final plat.
Frontage Place. A permanent public or private way situated parallel to a street in order to provide
access to one or more lots.
Gable. That part of the end wall of a building between the eaves and a pitched or gambrel roof.
Gatewav. A principal point of entrance into the Village Center.
General Store. An establishment for the retail sale of consumer goods, including but not limited to
food and beverages for off-premises consumption, tools, appliances and other hard goods,
newspapers, magazines and other publications and other consumer goods generally associated with
a convenience retail store.
Governmental Entitv. The City of Carmel or County of Hamilton, as applicable
Gross Residential Density. The number of dwellings (exclusive of accessory dwellings) in relation
to the total land area in the District or such lesser area as may be designated.
Home-based Office. An office incorporated in or attached to, or located on the same lot as, a single-
family detached dwelling from which a business activity is conducted on a substantially regular
basis: does not include an office used irregularly as a secondary facility away from a principal place
of business and is not a home occupation for purposes of this Ordinance.
Home-based Office Area. The area denoted on the Development Plan as an area where home-based
offices may be located.
Humzm Scale. The relationship between the dimensions of a building, structure, street, open space,
or streetscape element and the average dimensions of the human body.
Independent Living Facilitv. Congregate living facilities which are designed for the elderly or
disabled who do not require health and support services, such as medical and nursing care, central
dining and transportation service, located on site. Each living unit may be self-contained and is
physically accessible to elderly or disabled persons. Distinguished from apartment building(s) by
the provision of some communal services.
Inn. A building or buildings containing individual rooms or suites for the purpose of providing
temporary lodging facilities to the general public for compensation, with meals, and which has
facilities for reservations and cleaning services, combined utilities and on-site management and
reception services.
Landscape Plan. The general design for landscaping in the District depicted on the Development
Plan.
Landscaping. Trees, shrubs, hedges, flowers, ground covers, grasses, other plant materials and
associated structures and improvements.
Large Lot. A lot having a width at the build-to line of 70 feet or greater.
Large Maturin~ Tree. A tree whose height is normally greater than 30 feet at maturity.
Maintenance Easement. A perpetual easement not less than three feet in width affording the
benefitted person the right to enter on the land encumbered by the easement for the purpose of
undertaking maintenance, repair or rebuilding of a structure located on the lot owned by the
benefitted person.
Masonry. Wall building material, such as brick or stone, which is laid up in small units.
Massing. The three-dimensional bulk of a structure: height, width, and depth.
Meeting House. The community building to be located in the Village Center as depicted on the
Development Plan.
Miti..qation Improvements. The road and intersection improvements described in Section 32.1 of this
Ordinance.
Mixed Use. The combination of both commercial and residential uses within a single building of
two or more stories.
Modification. A change to the Development Requirements approved pursuant to Section 4.
Modified Grid Street Pattern. An interconnected system of streets which is primarily a rectilinear
grid in pattern, modified in street layout and block shape as to avoid a monotonous repetition of the
basic street/block grid pattern.
Nursing Home, Rest Home or Home for the Aged. A facility or housing development in which an
agency, organization or individual provides care for three or more sick, disabled or aged persons not
related by blood or marriage to the operator. Such congregate care thcilities are classified as
"dependent living facilities" or "independent living facilities" depending on the degree of support
services on site.
Open Space. A parcel, or parcels, of land, an area of water, or a combination of land and water,
including flood plain and wetland areas within the Development designed and intended for the use
and enjoyment of some or all of the residents of the Development and, where designated, the
community at large. Except as otherwise provided herein, common open space does not include any
area which is divided into building lots, commercial blocks, apartment blocks, streets (except the
landscaped medians of boulevards), rights of way (except tree lawns) or parking lots. The area of
parking facilities serving the activities in the open space and paths or sidewalks located therein may
be included in the required area computations.
Owners Association. An Indiana non-profit corporation whose members are owners of lots in the
District.
Parking Lot. An area, not within a building, where more than six motor vehicles may be parked for
the purposes of temporary, daily or overnight off-street parking.
Parking Lot. Large. A parking area containing 36 or more parking spaces.
Parking Lot. Small. A parking area containing 35 or fewer parking spaces.
Parking Space. An area permanently reserved for the temporary parking of one motor vehicle and
connected to a street or alley.
Passages. Ways upon which Commercial Structures front which afford access from a Common
Parking Lot ,to a Village Street or Boulevard (as defined in Sections 10-8 and 10-9 of this
Ordinance).
Path. A paved or otherwise cleared way intended as a jogging trail or a bikeway located in open
space, an easement or a right-of-way.
Permitted Dwellings. The agUegate number of dwellings (exclusive of accessory dwellings) w'hich
may be constructed in the District without exceeding the gross residential density limitations for the
District set forth in Section 7 of this Ordinance, whether or not actually constructed.
Pilaster. A column partially embedded in a wall.
Phase. Any land area, whether platted or unplatted, building or buildings designated by the
Developer in an application for approval of a plat or issuance of an improvement location permit.
Portico. An open sided structure attached to a building sheltering an entrance or serving as a semi-
enclosed space.
Premises Identification. The common street address of a building displayed in numerals.
Primate Area. That part of the District more particularly delineated on the Development Plan as the
"Primary Area."
Principal Streets. Towne Road, 13 1st Street, Broad Street, Meeting House Road, Horseferry Road
and Grafton Street.
Proportion. The relationship or ratio between two dimensions, e.g. width of street to height of
building wail, or width to height of window.
Public Viewshed. That which is reasonably visible, under average conditions, to the average
observer from a street, civic space or open space.
Recreational Building. A building containing meeting or other facilities located in a recreational
space and intended for-use in connection with the enjoyment of recreational space.
Recreational Space. An area of land or combination of land and water resources for public or private
use that is developed for active and/or passive recreational pursuits with various manmade features
that accommodate such activities. Such areas may constitute open space or civic space.
Rowhouse. (See Townhouse).
Secondary Area. That part of the District lying beyond the Primary Area as more particularly
delineated on the Development Plan.
Sidewalk. A paved walbvay provided for pedestrian use. If located at the side of a road within a
right-of-way, it may be separated from the camvay by a tree lawn.
Sidewalk Display. The outdoor display of merchandise for sale by a commercial establishment. The
displayed merchandise must be similar to the merchandise sold within the establishment.
Sight Triangle. The triangular area formed by the point of intersection of (a) street right-of-way
lines. or in the case of a rounded property comer, the street lines extended, or a right-of-way line
and an alley or driveway and (b) a point located along each rift-of-way line (or an alley or
driveway) at a distance from the point of intersection equal to the greater of (i) the posted speed limit
tbr such street (e.g., 3 5 if the posted speed limit is 35 m.p.h.) or (ii) 25 feet.
Sign, Comer. A projecting sign located on the comer of a commercial building, the signboard of
which is equally visible from each fight-of-way which creates the comer.
Sign. [con. A sig, u that illustrates, by its shape and graphics, the nature of the business conducted
within.
10
Sign. Traffic. A sign directing traffic movement into or within the District, the wording, shape and
graphics of which shall, to the extent applicable, comply with the "Manual on Uniform Traffic
Control Devices."
Sip Fascia. The vertical surface of a lintel over a storefront which is suitable for sign attachment.
Sign Ordinance. Carmet/Clay Sign Ordinance, Z-302, as amended.
Small Lot. A lot having a width at the build-to line of less than 70 feet.
Small Maturing Tree. A tree whose height is normally less than 30 feet at maturity.
Specimen Tree. Any tree with a callper of 18 inches or more.
Story. A habitable lever within a building no more than 16 feet in height from floor to ceiling..A
basement, although wholly or partially habitable. is not a story unless more than 50 percent of the
basement elevation is above grade at the build-to line.
Street Furniture. Functional elements of the streetscape, including but not limited to benches, trash
receptacles, planters, telephone booths, kiosks, sign posts, street lights, bollards, and removable
enclosures.
Streetscape. The built and planted elements of a street which define its character.
Subdivision Control Ordinance. Cannel/Clay Subdivision Control Ordinance, No. Z-160. as
amended.
Texture. The exterior finish of a surface, ranging from smooth to course.
Threshold Elements. Porches, stoops, stairs, balconies, eves, cornices, loggias, arcades, chimneys,
awnings, doors and windows which are placed at or near the build-to line and interface between the
main body of the building and the street.
To~vnhouse. Two or more dwellings, arranged side by side, separated by common walls be~veen
living areas. each having more than one story.
Tree Lav,'n. A planting area located within or adjacent to the public right-of-way, ~'pically located
between the curb and the sidewalk, and planted with ground cover and ~rees.
Trt~stees' Hall. The building intended for use by the Owners Association depicted on the
Development Plan.
ll
Viewshed. (See Public Viewshed).
Village Center. The focal point of the Development within the Primary Area containing the major
civic and commercial space, as more particularly delineated on the Development Plan.
Visual Termination. A point, surface, building, or structure terminating a vista or view, often at the
end of a straight street or coinciding with a bend.
Visuailv Impervious. A buffering or screening device which blocks the view to or from adjacent
sites by a discernible factor of at least 80 percent.
Section 4. Modification of Development Requirements.
4.1. The Commission may, upon petition of the Developer, modify any Development
Requirements specified in this Ordinance other than those relating to the uses authorized in Sections
5and6.
4.2. Modification of the Development Requirements requested by the Developer may be
approved by a hearing examiner or committee designated by the Commission, after a public hearing
held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing
examiner or committee which approves or denies any requested modification may be appealed by
the Director or any interested party (including the Developer) to the Commission, also in accordance
with the Commission's Rules of Procedure.
4.3. Any proposed modification of the Development Requirements shall comply with the
following guidelines:
A. The modification shall be in harmony with the purpose and intent of this Ordinance.
B,
The modification shall not have an adverse impact on the physical, visual, or spatial
characteristics of the Development.
The modification shall not have an adverse impact on the streetscape and
neighborhood.
The modification shall not result in configurations of lots or street systems which
shall be unreasonable or detract materially from the appearance of the Development.
The modification shall not result in any danger to the public health, safety, or welfare
by making access to the dwellings by emergency vehicles more difficult, by depriving
adjoining properties of adequate light and air, or by violating the other purposes for
which this Ordinance was enacted as set forth in Section 1.
12
The minimum lot size of any lot to be created shall not be reduced below the
requirements of this Ordinance.
4.4. This Ordinance contains Development Standards, which are normative and set forth specific
requirements, and Development Guidelines, which suggest preferred solutions and are only
indicative. When applying the Development Standards and the Development Guidelines, the
Commission shall carefully weigh the specific circumstances surrounding the modification petition
and strive for development solutions that promote the spirit, intent and purposes of this Ordinance.
4.5. If the Commission (acting through its hearing examiner or committee) determines that the
proposed modification will not have an adverse impact on development in the District, it shall grant
a modification of the Development Requirements. In granting modifications, the Commission may
impose such conditions as will, in its reasonable judgment, secure the objectives and purposes of this
Ordinance.
Section 5. Permitted Principal Uses.
5.1. Primarv Area. The following uses are permitted in the Primary Area or parts thereof, subject
to the applicable Development Standards.
The following residential uses:
( 1 ) detached dwellings
(2) attached dwellings
(3) apartments
(4) accessory dwellings
(5) congregate housing
Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds and
other recreational spaces, and recreational buildings.
C. Civic uses.
De
The following commercial uses:
(1)
such
(3)
(4)
(5)
(6)
financial institutions, including drive-through banking facilities (provided
are located at the rear of a lot) and exterior ATMs.
offices, including general offices, professional offices and real estate offices.
retail sales of goods and services permitted in the B-7 District except those
described in Section 23B.5 of the Zoning Ordinance unless otherwise
permitted by this Ordinance.
restaurants, except drive-through facilities.
clinics or medical health centers.
one ( 1 ) automobile service station, including the sale of gasoline and other
13
automotive petroleum products and such retail consumer goods as are
permitted to be sold in a general store, but excluding automobile repair.
E. Agricultural uses, except agri-business structures.
F. Public, semi-public and private recreational uses except shooting gallery, but
including bowling alley and/or billiard parlor if approved by the Commission.
Bed and breakfast establishment, having not more than 10 bedrooms or suites each
of which is not less than 200 square feet.
Inns, having not more than 100 bedrooms or suites each of which is not less than 200
square feet.
No more than one ( 1 ) bed and breakfast establishment and one ( 1 ) inn may be located in the Primary
Area without the approval of the Commission.
5.2. Secondary Area. The following uses are permitted in the Secondary Area:
A. Large lot single-family detached dwellings.
B. Accessory dwellings.
Recreational developments or facilities owned or operated by an Eligible Title Holder,
including clubhouses, parks, pools, ballfields, ball courts, playgrounds and other
recreational spaces, and recreational buildings.
D. Agricultural uses, except agri-business structures.
Section 6. Permitted Accessory Uses.
The following accessory uses are permitted in the District, subject to the applicable Development
Standards and obtaining all required permits:
6.1. In the Primary and Secondary Areas, accessory uses, buildings or structures (including home
occupations), subject to the following conditions:
No accessory building shall be constructed upon a lot until the construction of the
main building has been actually commenced; and no accessory building shall be used
unless the main building on the lot is also being occupied for the intended purposes.
However, nothing shall prevent the use of a temporary construction facility for the
storage of tools, material and equipment by a contractor during building construction.
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No residential accessory building may be erected in from of a main building, or in the
required front yard on the side of a comer lot, unless the accessory building is
attached to the main building by a common wall.
A private residential garage or accessory building shall not exceed the living area of
the primary structure. The combined square footage of the residence, garage and
accessory building shall not exceed the maximum lot coverage allowed.
De
A private swimming pool shall comply with the requirements of Section 5.0(d)(2)
of the Zoning Ordinance.
A private tennis court shall comply with the requirements of Section 5.0(d)(3) of
the Zoning Ordinance.
Accessory lighting on a residential lot shall not cause illumination at or beyond any
lot line in excess of 0.1 footcandles of light.
Ge
No private radio or television reception or transmitting tower or antenna shall be
located within 10 feet of a power transmission line. Satellite receiving antennas shall
comply with the requirements of Section 25.0(1 ) of the Zoning Ordinance.
Hm
No home occupation shall be permitted without the prior consent of the Department
and a permitted home occupation shall comply with all applicable requirements of
the Zoning Ordinance.
6.2. In the Village Center and the Home-based Office Area only, home-based offices, subject to
the tbllowing conditions:
A,
The home-based office is (i) located in or attached to a single family detached
dwelling or (ii) located in a detached accessory building or garage typically
associated with such a dwelling.
B. Medical, dental and real estate offices are not permitted as home-based offices.
C. Retail sales of goods may not be made from a home-based office.
Dg
In addition to the family occupying the dwelling to which the use of the home-based
office is accessory, there shall not be more than three outside employees in the
home-based office.
Eo
The employees and clients shall park in on-street curbside parking spaces or in a rear
or side yard parking area and shall not park in the driveway forward of the front
facade of the dwelling.
15
Signage is limited to one wall-mounted sign with a sign area not exceeding
three square feet.
The home-based office shall not exceed 1,000 square feet or 30 percent of the total
square footage of the dwelling if attached to or incorporated in the dwelling; if
located in an accessory building, the home-based office shall not exceed 600 square
feet.
H. No outside storage or outside display is permitted.
All exterior aspects of the home-based office operation shall be consistent with the
residential character of the neighborhood.
Section 7. Residential Development.
7.1. Without the approval of the Commission, the gross residential density in the District shall
not exceed 2.0 dwellings per acre and the gross residential density in the Secondary Area shall not
exceed 1.3 dwellings per acre.
7.2. Upon completion of the Development, the number of single family detached dwellings in the
District shall be at least 50 percent of the number of Permitted Dwellings.
7.3. Apartment houses may be located only in the Village Center. Without the approval of the
Commission, apartments (exclusive of accessory dwellings) shall not constitute more than 16.52
percent of the number of Permitted Dwellings.
724. A mix of dwelling types may be distributed throughout the Primary Area. Different dwelling
types may be mixed in any distribution within any single block.
7.5. Only large lot single-family detached dwellings and accessory dwellings shall be permitted
in the Secondary Area. Lots abutting the north property line of Claridge Farm or the right-of-way
of Hoover Road between the north and south property lines of Claridge Farm shall be not less than
15,000 square feet in area.
7.6. Buildings in the Primary Area shall be designed in conformance with the Design
Vocabulary.
7.7. Accessory dwellings shall be limited to 850 square feet in floor area. A detached accessory
dwelling may be housed in a building containing only the dwelling or in a building which contains
the dwelling ~vith garage, workshop, studio, home based office or similar use. There shall not be
more than one accessory dwelling located on a lot in addition to the single family dwelling. An
16
attached accessory dwelling shall be subordinate to the principal structure characterized at a
minimum by a lower ridge line.
7.8. Each apartment in a mixed use structure or an apartment house shall be a minimum of 750
square feet in gross floor area. No more than one apartment may be located on the first floor of a
mixed use structure.
7.9. Front yards of attached dwellings may be unified into one common yard treated as a single
front yard for the entire building.
7.10. A maintenance easement shall be provided on a lot adjacent to a zero-lot line detached
dwelling. Roof overhangs may penetrate the easement on the adjacent lot to a maximum of two feet,
but the roof shall be so designed that water runoff from the zero-lot line dwelling is limited to the
easement area.
Section 8. Commercial Development.
8.1. No mixed-use or commercial structures shall be located in the Secondary Area.
8.2. Without the approval of the Commission, the aggregate square footage of commercial space
in mixed use or commercial structures in the District shall not exceed 150 square feet of commercial
floor area for each Permitted Dwelling.
8.3. Without the approval of the Commission, retail uses in the District shall not exceed 75 square
feet for each Permitted Dwelling.
8.4. Without the approval of the Commission, office and service uses in the District shall not
exceed 125 square feet for each Permitted Dwelling.
8.5. Commercial structures in the Primary Area shall be located only on lots that front on interior
streets of the Primary Area. Commercial uses may be mixed and integrated with dwellings and civic
uses within the Primary Area. At least fifty-one percent (5 1%) of the square footage of commercial
and mixed use structures shall be located in the Village Center.
8.6. Commercial uses in the Primary Area may be contained in multi-story, mixed-use structures
with commercial/retail uses on the ground level and apartments or offices on the upper levels. In
a three story building, the second floor may contain either apartments or commercial uses and the
third floor may contain either apartments or offices.
8.7. Restaurants shall be permitted to operate outdoor cafes on sidewalks and in courtyards,
provided that pedestrian circulation and access to store entrances are not impaired.
17
8.8. Retail establishments (exclusive of a general store) shall be permitted to have sidewalk
displays of retail merchandise.
8.9 Unless such structure is depicted on the Development Plan, Commission approval of the
architectural design, landscaping, parking, signage, lighting and access to the property (ADLS) shall
be necessary prior to the (i) establishment of any commercial structure; (ii) issuance of any
Improvement Location Permit for a commercial structure; (iii) erection, reconstruction or external
architectural alteration of any commercial structure in the District; or (iv) the changing of any site
improvements pertaining to a commercial structure. In considering an application therefor, the
Commission shall determine whether the proposed structure substantially complies with the
Development Requirements and Design Vocabulary. If the Commission determines that it does, it
shall approve the application for ADLS approval. If the Commission denies the application for
ADLS approval, it shall specifically detail in writing the basis for its belief that the proposed use or
structure does not comply with the Development Requirements and Design Vocabulary. An
applicant who has been denied may immediately apply for ADLS approval of a new plan for the
structure. A decision regarding ADLS approval or denial may be made by a hearing examiner or
committee designated by the Commission, after a public hearing held in accordance with the
Commission's Rules of Procedure. However, any decision of a hearing examiner or committee
which approves or denies any requested modification may be appealed by the Director or any
interested party (including the Developer) to the Commission, also in accordance with the
Commission's Rules of Procedure.
Section 9. Blocks.
9.1. The following standards and guidelines apply to blocks within the Primary Area:
A,
Except as otherwise depicted on the Development Plan, streets shall be designed to
create blocks that are generally rectilinear in shape, a modified rectilinear shape, or
other distinct geometric shape, except where topographic or other conditions
necessitate a different configuration. Generally, blocks (other than commercial and
apartment blocks in the Primary Area) should be designed to have a maximum length
of 600 feet unless bisected by an alley or pedestrian way. Alleys shall be permitted
to bisect blocks.
Each block shall be designated with a build-to line which shall establish the front yard
setback for the lots on the block. The build-to line shall not be closer to the frontage
line than the build-to line for the proposed uses established in Section 15. A
n~inimum of 75 percent of all buildings on the block shall sit back no Anther than the
build-to line, with the remaining 25 percent allowed to vary by being Anther setback
no greater than 75 percent of the distance from the frontage line to the build-to line
for residential or no further than the maximum setback for conunercial uses.
Buildings shall be allowed to come forward of the build-to line by no greater than 25
18
percent of the distance between the frontage line and the build-to line for residential
structures and 50 percent of such distance for other buildings.
In order to eliminate the appearance of a standardized subdivision, lots are not
required to be uniform in size.
9.2. Except as otherwise depicted on the Development Plan, blocks in the Secondary Area shall
conform to the requirements of Section 6.4 of the Subdivision Control Ordinance.
9.3. Apartment blocks and commercial blocks in the Primary Area delineated on the Development
Plan may, notwithstanding any such designation, be utilized for any use permitted under Sections
5 and 6.
Section 10. Streets.
10. 1 . Subject to the last sentence of this Section 10. 1 , the street layout and type (including rights-
of-way, cartways and curbing) within the District shall be as indicated on the Development Plan,
adapted as appropriate to the topography, unique natural features and environmental constraints of
the site. The street layout shall take into consideration the location of the community focus, other
open space areas, gateways, and vistas. Streets shown on the Development Plan may be eliminated
or relocated as part of an approved final plat to consolidate blocks for development as long as there
is no materially adverse impact on the flow of traffic within the District.
10.2. Intentionally omitted
10.3. The street layout in the District may incorporate one or more of the street types described
on Table 10.3.
10.4. Alleys are ways which conform to the following requirements:
A. Minimum width of alley: See Table 10.3
B. Minimum width of canway: See Table 10.3
C. Intentionally omitted
Curbing is not required except at comers of intersections with other street types. At
such comer locations, curbing shall be required for the comer radius to the path or
sidewalk paralleling the intersecting street.
Minimum setback of garages: 3 feet
F. Utilities may be located within alleys.
19
An alley shall be a perpetual easement or private way and shall not be dedicated to
the public.
10.5.
Closes incorporate streets which conform to the following requirements:
A. Minimum right-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
C. Curbing is required.
permitted.
Granite block or concrete boxed curbing, or equivalent, is
Open space between cartways shall not be less than 20 feet.
Closes shall not exceed 300 feet in depth from the nearest street providing through
access.
Insert Table 10.3 here
2O
.~ V V V V V V '~' V
10.6. Frontage places are streets which conform to the following requirements:
A. Minimum right-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
C. Curbing is not required.
An open space (which may be located in the fight-of-way) at least 10 feet in width
shall separate the frontage place from the parallel street cartway.
Frontage places shall be neither less than 250 feet nor in excess of 800 feet in length
between parallel street access points except where the total length of the frontage
place is less than 250 feet.
10.7. Passages are streets which conform to the following requirements:
A. Minimum right-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
Ce
Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
10.8. Village streets, street corridors and drives are streets which conform to the following
requirements:
A. Right-of-way width: See Table 10.3
B. Minimum w~dth of cartway: See Table 10.3
Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
10.9. Boulevards are streets which conform to the following requirements:
A. Right-of-way width: See Table 10.3
Width of canway: two canways, each 18 to 32 feet wide, on either side of a tree
lawn a minimum of 8 feet in width.
Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
21
10. 10. No planting, structure, sign, fence, wall, man-made berm, or other obstruction to vision shall
be installed, constructed, set out, or maintained so as to obstruct cross-visibility in the sight triangle
between 30 inches and 72 inches above the level of the center of the street intersection, except that
the limitations of this section shall not apply in the instances noted below, so long as adequate
visibility is maintained relative to intended speed limit:
A. existing natural grades;
trees trimmed such that no limbs or foliage extend into the area between 3 0 and 72
inches above the level of the adjacent intersection;
fire hydrants, public utility poles, street markers, government signs, electrical junction
boxes, and traffic control devices;
D. buildings located in the Primary Area;
the approved and intentional use of traffic calming techniques to reduce speed; these
include, but are not limited to: a series of hill crests, intersection diverters, and curb
bulbs.
10. 11. The minimum street grade shall be 0.50 percent and the maximum street grade shall be seven
percent.
10. 12. With the approval of the Commission, streets within the District may be private.
10. 1 3. All streets within the District which are to be dedicated for public use and accepted for
maintenance by the City of Carreel or the Board of Commissioners of Hamilton County shall be
constructed to the standards of the City of Cannel or the Hamilton County Highway Department, as
applicable at the time of construction, for depth and materials.
10. 14. All streets in the District which do not conform to the requirements for the street types
permitted by this Ordinance shall comply with the requirements of the Subdivision Control
Ordinance.
10. l 5. Intentionally omitted
Section 11. Open Space.
11.1. Not less than 20 percent of the land in the District shall be allocated to and shall remain in
open space in perpetuity. Open space shall be restricted by a Declaration to prohibit future
subdivisions or development. Open space shall be used for social, recreational, and/or
environmental preservation purposes. The uses authorized must be appropriate to the character of
the open space, including its topography, size, and vegetation.
11.2. Open space in the District shall generally be ofthe size and configuration and in the locations
depicted on the Development Plan.
11.3. Open space containing existing attractive or unique natural features, such as streams, creeks,
ponds, woodlands, specimen trees, and other areas of mature vegetation worthy of preservation shall
generally be left unimproved and in a natural state. The Developer may make improvements such
as the cutting of trails for walking or jogging, the provision of picnic areas, removal of dead or
diseased trees, thinning of trees or other vegetation to encourage more desirable growth, and grading
and seeding.
11.4. Open space may be used for public and semi-public recreation, social and educational
purposes.
11.5. Recreational and civic buildings, structures, and improvements (for example, the Meeting
House, Education Center, Trustees Hall, Chapel, picnic structures, ballfields, playground equipment
and gazebos) may be constructed in the open space.
11.6. Intentionally omitted
11.7. An Owners Association shall establish a reserve fund for the maintenance and repair of the
open space to which it has title and shall maintain such fund at an amount which is reasonable in
relationship to anticipated expenditures.
Section 12. Civic Space.
12.1. Civic spaces in the Primary Area shall be located primarily in and adjacent to the Village
Center.
12.2. The University Green and the Meeting House Green shall be developed as civic space.
l 2.3. Parking for civic buildings shall utilize on-street parking to the extent possible. If additional
off-street parking is required, it shall be located in the rear or to the side of the civic building and
screened from the viewshed of the street, or accommodated in off-site parking facilities complying
with Section 16.
23
12.4. The lawn, plaza or courtyard surrounding a civic building may also qualify as open space.
Section 13. Recreational Space.
13.1. Not less than two percent of the Development or 450 square feet per dwelling (exclusive of
accessory dwellings) in the Development shall be dedicated as recreational space.
13.2. Recreational space may be distributed throughout the District.
13.3. Paths shall constitute recreational space.
13.4. A private recreational development or facility shall constitute recreational space if the use
thereof is generally available to residents of the District upon payment of a membership or use fee.
13.5. Recreational space may include ball fields and ball courts, pools and other recreational
facilities, whether or not enclosed in buildings.
13.6. Recreational space shall not include any recreational facility located entirely on a residential
lot.
13.7. Recreational space may also qualify as open space
Section 14. Sidewalks and Paths.
14.1. Sidewalks shall be provided on both sides of all streets in the District other than alleys, closes
and frontage places, and on one side of closes and frontage places, unless otherwise shown on the
Development Plan and except that if an open space abuts a street, a path in such open space may be
substituted for a sidewalk. A sidewalk shall be provided on the side of the cartway within a close
or adjacent to that side of a frontage place upon which lots front. The pedestrian circulation system
within the Primary Area shall include gathering/sitting areas and provide benches, landscaping, and
other street furniture where appropriate.
14.2. Sidewalks shall be a minimum of four feet in width in predominantly residential areas;
sidewalks along commercial structures shall be a minimum of eight feet in width. Sidewalks in the
Village Center shall be constructed of brick, slate, colored/textured concrete pavers, concrete,
concrete containing accents of brick, or some combination thereof or reasonable alternatives thereto
that are compatible with the style, materials, colors, and details of the s~trrounding buildings. The
functional, visual, and tactile properties of the paving materials shall be appropriate to the proposed
functions of pedestrian circulation.
14.3. Intentionally omitted
24
14.4. Paths shall be provided, where feasible, to link open space areas. Paths shall be a minimum
of six feet wide and shall be surfaced, paved or improved with materials approved as part of the
secondary plat process.
14.5. Bike racks shall be provided in the Village Center and in community areas located elsewhere
in the Development.
14.6. Intentionally omitted
Section 15. Area and Bulk Regulations.
15.1. Large lot single family detached dwellings in the Primary Area.
B.
C.
D.
Ee
Minimum lot area: 8,400 square feet
Minimum lot width at build-to line: 70 feet
Minimum lot depth: 120 feet
Minimum yard dimensions
Build-to line: 25 feet unless otherwise specified on an approved final
plat
Front yard: minimum of 10 feet
Side yard: minimum of 5 feet per side; aggregate 15 feet
Rear yard: 25 feet (3 feet for garages from alleys)
Maximum building height: 35 feet
Maximum building coverage: 50 percent
Rear or side yard garage required
15.2. Large lot single family detached dwellings in the Secondary Area shall comply with the area
and bulk regulations established for the R-2 District in the Zoning Ordinance, except as provided in
Section 7.5 of this Ordinance and except as follows:
Ae
Eo
Minimum lot width at the building setback line: 70 feet.
Maximum building height: 35 feet.
Minimum front yard: 20 feet.
Maximum building coverage: 50 percent.
Minimum ground floor area for a one-story dwelling: 2,000 square feet.
Minimum ground floor area for a two-story dwelling: 1,200 square feet.
15.3. Small lot single family detached dwellings.
Ae
Lot area: a minimum of 4,500 square feet
Lot width at build-to line: minimum of 45 feet and a maximum of 69 feet
Minimum lot depth: 100 feet
25
15.4.
15.5.
15.6.
Yard dimensions:
Build-to line: 10 feet unless otherwise specified on an approved final
plat
Front yard: minimum of 0 feet; maximum of 25 feet
Side yard: Aggregate 20 percent of the width of the lot at build-to line;
minimum (one side only) of 5 feet
Rear yard: minimum of 20 feet (3 feet for garages from alleys)
Maximum building height: 30 feet
Maximum building coverage: 50 percent
Rear yard parking required; alley optional
Duplex.
B.
C.
D.
Lot area: minimum of 3,000 square feet per dwelling
Lot width at build-to line: minimum of 30 feet per dwelling
Minimum lot depth: 90 feet
Yard dimensions
Build-to line: 15 feet or as otherwise specified on an approved final plat
Front yard: minimum of 0 feet and a maximum of 20 feet
Side yard (one side only): minimum of 5 feet
Rear yard: minimum of 20 feet (3 feet for garages from alleys)
Maximum building height: 30 feet
Maximum building coverage: 50 percent
Rear yard parking required; alley optional
Attached Dwellings Other Than Duplexes
Lot area: minimum of 1,500 square feet per dwelling
Lot width at build-to line: a minimum of 18 feet per dwelling and a maximum of 45
feet per dwelling
Minimum lot depth: 85 feet
Yard dimensions
Build-to line: 10 feet or as otherwise specified on an approved final plat
Front yard: a minimum of 0 feet and a maximum of 20 feet
Side yard (each end of row): minimum of 6 feet, maximum of 25 feet
Rear yard: a minimum of 20 feet (3 feet for garages from alleys)
Maximum building height: 40 feet
Maximum building coverage: 60 percent
Rear yard garage and alley required except as otherwise provided in Section
16.5.
Accessory Dwellings.
26
15.7.
15.8.
A. Except as otherwise provided in this Ordinance, an accessory dwelling, whether
attached to or detached from the principal dwelling, shall comply with the standards specified
in this Section 15 for the principal dwelling.
The maximum building height of an accessory dwelling is 30 feet if accessory to a
large lot single-family detached dwelling or a townhouse and 25 feet if accessory to
any other type of dwelling.
Apartment House.
B.
C.
D.
F.
G.
H.
Minimum lot area: 3,600 square feet
Lot width at build-to line: minimum of 30 feet
Lot depth: a minimum of 100 feet
Yard dimensions
Build-to line: 10 feet or as otherwise specified on an approved final plat
Front yard: minimum of 0 feet and a maximum of 20 feet
Side yard (each side): minimum of 5 feet
Rear yard: minimum of 20 feet unless located on an apartment block or
adjacent to a common parking lot, in which event a minimum of 7 feet
Maximum building height: 40 feet
Maximum building coverage: 60 percent
Minimum apartment size: 750 square feet
Rear yard parking required; supplemental screened side yard parking permitted
Commercial Uses and Mixed-Use Buildings.
B.
C.
D.
Lot area: minimum of 2,000 square feet
Lot width at build-to line: minimum of 25 feet
Minimum lot depth: 70 feet
Yard dimensions
Build-to line
Commercial/retail: 0 feet
Mixed-use, retail/office: 4 feet
Mixed-use, retail/residential: 4 feet
Front vard: a minimum of 0 feet, a maximum of 15 feet
Side yard (each side): a minimum of 0 feet
Rear yard: a minimum of 20 feet unless abutting a common parking lot, in
which event no rear yard is required (3 feet for garages from alleys)
Maximum building height: 45 feet
Maximum building coverage: 100 percent
All off-street parking must be in rear yards, screened side yards or in common
parking lots complying with Section 16.
27
15.9. Civic Buildings (Exclusive of Day Care), Bed and Breakfast Establishments and Inns not
located in a Community Area.
Ae
B.
C.
D.
Lot area: a minimum of 5,000 square feet
Lot width at build-to line: a minimum of 50 feet
Minimum lot depth: 110 feet
Yard dimensions
Build-to line
Community facilities, bed and breakfast establishments and inns: 15
feet
Religious: 25 feet
Institutional: 20 feet
Front yard: minimum of 10 feet
Side yard (each side): minimum of 15 feet
Rear yard: a minimum of 20 feet unless abutting a common parking lot, in
which event 10 feet (3 feet for garages from alleys)
Maximum building height: 45 feet
Maximum building coverage: 60 percent
All required off-street parking must be in the rear yards, screened side yards or in
common parking lots complying with Section 16.
15.10. Commercial Child Day Care and Elderly Day Care Facilities: as required by the Zoning
Ordinance (exclusive of Section 25.0 thereof) to the extent not inconsistent with the specific
provisions of this Ordinance. No front or side yard setback shall be required, but a rear yard of not
less than 20 feet will be required unless abutting a common parking lot, in which event 10 feet is
required.
15.11. Accessory buildings may be located in the rear yard and in the side yard behind the rear
facade of the principal structure. Unless otherwise specified herein, an accessory building (including
accessory dwellings) may not exceed 25 feet in height.
15.12. Threshold elements may encroach into a front or side yard and shall not count against lot
coverage limitations. In addition, architectural features such as cornices, eaves, bays, sills, belt
courses, awnings, stoops, stairs, balconies, chimneys, gutters and fire escapes may encroach into an
established or required yard up to (i) three feet if the lot is located in the Primary Area and (ii) two
feet in the Secondary Area.
15.13. Lots may be consolidated as building sites, in which event the yard dimensions shall be
applied to the consolidated building site and setbacks measured from the exterior lot lines of the
consolidated building site.
15.14. Accessory uses such as public utility installations, private walks, driveways, retaining walls,
mail boxes, nameplates, lighting fixtures, patios at grade, birdbaths and structures of a like nature
are permitted in any required front, side or rear yard.
28
15.15. Where permitted, filling station pumps and light standards may be located in any yard.
15.16. Fences and walls may be located in any yard subject to the provisions of Section 22.
15.17. Signs may be located in an established front setback or a side yard abutting a street as
permitted by Section 18.
15.18. Off-street parking areas, maneuvering areas for parking and loading areas are prohibited in
the established front building setback, in any established side yard abutting a street and in any
required buffer or screen except as otherwise provided in this Ordinance. This restriction shall not
apply to:
a driveway which crosses a front or side yard, buffer or screen to provide access from
the street to a parking area; or
Be
an individual driveway, including conventional appurtenances thereto such as
basketball goals, designed also to serve as a parking area for a dwelling; or
Ce
plazas associated with civic buildings that have been designed for occasional use as
secondary parking areas; or
D. civic spaces or recreational spaces.
15.19. Except as otherwise provided in this Ordinance, no outdoor storage of goods and materials
or refuse containers shall be located in any established setback or established yard abutting a street,
nor in any required buffer or screen, except for the temporary placement of refuse for scheduled
curbside collection.
15.20. Terraces which do not extend above the level of ground (first) floor may project into a
required yard, provided these projections are located at least two feet from the adjacent side lot line.
Section 16. Parking.
16.1. Off-street parking shall be provided on site or in common parking lots according to minimum
requirements as specified below:
Use
Detached single fan~ily
Attached dwellings
Apartment house*
Required Parking
Two garage spaces per dwelling
One space per first bedroom, plus half of a space per each
additional bedroom
One space per first bedroom, plus three-fourths of a space for
29
Accessory dwellings
Retail*
Office uses*
Institutional/Churches
Meeting House
Education Center
Recreation Buildings
Day Care Center*
EIder Care Center*
Bed and Breakfast
Inn
Other Permitted Uses
second bedroom and one-half space for each additional
bedroom
One space
One space for the first 1,000 square feet and one space for each
additional 750 square feet
One space for each 500 square feet of gross floor area
One space for each six seats in the main place of assembly
None
Ten spaces per class room
One space per 500 square feet of gross floor area
One space per employee and one space per 10 children
One space per employee and one space per 10 senior citizens
One space per bedroom or suite
One space per bedroom or suite
As specified in the Zoning Ordinance
* Additional spaces needed for such uses will be provided by on-street parking. Total on-street and
off-street parking for retail, offices and apartments need not exceed one car per 450 square feet for
retail, one space per 300 square feet for offices and one space per bedroom for apartments. Total
street and off-street parking for day care and eider care centers need not exceed one space per
employee and one space for each six children or senior citizens.
16.2. Off-street parking for commercial uses shall be sufficient to provide parking for the
employees of all proposed uses as well as long-term customer parking. Spaces reserved for
employees should be designated by means of striping and signage. Off-street parking lots on
commercial lots other than those designated solely for parking purposes shall be prohibited in any
front yard setback area, shall be located at the rear or to the side of buildings and. where feasible.
shall be accessed by means of common driveways, preferably from side streets or alleys. Such lots
mav be interconnected with parking lots on adjacent properties. Cross-access easements for
adjacent lots with interconnected parking lots shall be provided. Common. shared parking facilities
are encouraged, where feasible.
16.3. Off-street parking may be accommodated on lots utilized exclusively for such purpose,
including common parking lots. Such lots shall be landscaped, buffered and screened as required
by Sections 16.8(G) and 16.9 of this Ordinance.
16.4. Intentionally omitted
16.5. With the exception of detached single family dwellings, duplexes and a maximum of 50
percent of townhouses, driveways shall be prohibited in any residential front yard area. For other
dw'ellings driveway access shall be provided from alleys or side yard entrv. A driveway shared by
dwellings on two adjacent lots may be located with the driveway center line on the common side lot
line. An accessory dwelling shall not be served by a driveway separate from that serving the
3O
principal dwelling unless the accessory dwelling is accessed from a rear alley and the principal
dwelling is accessed from a street. Parking for townhouses shall be provided in a common off-street
parking area or in garages or parking spaces, generally with access from an alley. Not less than 50
percent of private driveways for townhouses shall connect to alleys only and not to a street. A
common driveway serving a minimum of four townhouses and not exceeding 18 feet in width may
be permitted from a street. A driveway affording access to the rear yard of a townhouse may connect
to a street if it passes through an arcade. Parking for apartments may be located in a parking lot
located on a lot other than that containing the apartment house, but within 400 feet of an apartment
house entrance.
16.6. On-street parking approved by the government entity having jurisdiction over the public
right-of-way may be counted toward all or part of the parking requirement for the use made of a lot.
16.7. If access to a garage is provided from a street, the front entrance of such a garage shall sit
back a minimum of 10 feet from the front facade of the dwelling. A garage shall be set back the
greater of (i) three feet from the rear property line or (ii) five feet from the edge of alley pavement,
and at least three feet from one side property line. If a garage wall (which is not a common wall) sits'
on a property line, then a maintenance easement shall be created on the adjoining lot.
16.8. Parking lots shall be designed to conform to the following standards:
Parking space dimensions (other than those designed for the disabled) shall be a
minimum of 18 feet long and nine feet wide. Parking spaces shall be dimensioned
in relation to curbs or aisles so long as their configuration, area and dimensions
satisfy the requirements of this section.
Bo
Parallel par-king space dimensions shall be a minimum of 20 feet long by eight feet
wide.
Co
Parking area aisle widths shall conform to the following table which varies the width
requirement according to the angle of parking:
Angle of Parking
Aisle Width 0 30 45 60 90
One Way Traffic 13 13 13 18 20
Two Way Traffic 19 19 20 22 24
De
Driveways shall be 12 feet in width for one-way traffic a_nd 18 feet in width for two-
way traffic.
E. Parking for the disabled shall be provided in compliance xvith applicable law.
31
F. Parking lots shall be paved with asphalt, concrete or other acceptable material.
For small parking lots, landscaping shall be required at the perimeter. For large
parking lots, landscaping shall be at the perimeter and placed to break the lot into
parking modules of no more than 36 spaces. The foregoing requirements shall not
apply to parking lots located in common space, adjacent to the Education Center and
on an apartment block.
16.9. Perimeter landscaping of parking lots not located in common space, adjacent to the Education
Center or on an apartment or commercial block shall conform to the following standards:
Screening shall be provided by installing along the perimeter of the parking lot (i)
evergreen shrubs with a maximum separation of six feet on center, a minimum height
of three feet at installation and an expected height at maturity of at least six feet, (ii)
a masonry wall three to six feet in height, or (iii) other visually impervious landscape
screening acceptable to the Department. This screen may be penetrated for access
between parking lots or to an adjoining street or alley but no single such penetration
shall exceed the width of the sidewalk or driveway, as applicable.
For parking lots which abut street rights of way, a masonry. wall a minimum of three
feet in height shall be installed along the right of way frontage extending from the
building wall to the lot line. The wall may be interrupted by a sidewalk entry not
exceeding eight feet in width and an access drive with a width not exceeding 18 feet.
In addition to screening, large maturing trees shall be planted around the perimeter
of the parking lot in a planting strip not less than seven feet wide.
Existing vegetation which meets in whole or in part the purposes of perimeter
landscaping may be applied toward such landscaping requirement.
16.10. Interior landscaping of large parking lots not located in common space. adjacent to the
Education Center or on an apartment or commercial block shall consist of large maturing trees
placed such that each section of parking (up to 36 spaces per section) is enclosed by trees (or
building wall), with maximum spacing of 40 feet on center. Tree planting areas within parking lots
shall be at least seven feet wide, edged with a curb at least six inches high and shall be designed to
minimize damage to trees by parking or moving vehicles. Such interior tree planting areas need not
be contiguous.
16.11. Walls shall be constructed to be compatible with the architectural style and detail of adjacent
buildings.
16.12. Lighting for parking lots shall comply with the requirements of Section 21.
16.13. Landscaping for parking lots located in common space shall be compatible with the natural
32
vegetation and topography of such space.
16.14. Landscaping for parking lots adjacent to the Education Center and on the apartment and
commercial blocks shall conform with the Landscape Plan.
Section 17. Loading and Service Areas.
17.1. Loading docks, solid waste facilities, recycling facilities, and other service areas shall be
placed to the rear or side of buildings.
17.2. Screening and landscaping shall prevent direct views of the loading areas and their driveways
from adjacent properties or from the public fight-of-way. Screening and buffering shall be achieved
through wails, fences, and landscaping, shall be a minimum of five feet tall, and shall be visually
impervious. Recesses in the building, or depressed access ramps may be used.
Section 18. Signs.
All signs located within the District shall comply with the following sign regulations:
18.1. Exempt signs: All signs designated as exempt in Section 25.7.01-3 of the Sign Ordinance.
18.2. Prohibited signs:
-A.
B.
C.
De
Signs on roofs, dormers, and balconies.
Billboards.
Signs painted or mounted upon the exterior side or rear walls of any principal or
accessory building or structure, except as otherwise permitted hereunder.
Signs prohibited by Section 25.7.01-4 of the Sign Ordinance, except as otherwise
permitted hereunder.
18.3. Permitted business signs:
A,
Wall-mounted or painted signs, provided the following standards are met:
( 1 ) The sign shall be affixed to the front facade of the building, and shall project
outward from the wall to which it is attached no more than six inches.
(2) The area of the signboard shall not exceed five percent of the ground floor
building facade area or 30 square feet, whichever is less.
(3) The maximum permitted height is 15 feet above the front sidewalk elevation,
and shall not extend above the base of the second floor window sill, parapet,
cave, or building facade.
33
(4)
(5)
The height of the lettering, numbers, or graphics shall not exceed eight
inches.
Limited to one sign per business establishment on each building facade
fronting a street.
One wall-mounted sign, not exceeding six square feet in area, shall be permitted on
any side or rear entrance open to the public. Such wall signs may only be lighted
during the operating hours of the business.
Wall-mounted building directory signs identifying the occupants of a commercial
building, including upper story business uses, provided the following standards are
met:
(1)
(2)
(3)
(4)
(5)
The sign is located next to the entrance.
The sign shall project outward from the wall to which it is attached no more
than six inches.
The sign shall not extend above the parapet, eave, or building facade.
The area of the signboard shall not exceed 10 square feet.
The height of the lettering, numbers, or graphics shall not exceed four inches.
Applied letters may substitute for wall-mounted signs, if constructed of painted wood,
painted cast metal, bronze, brass, or black anodized aluminum. Applied plastic
letters shall not be permitted. The height of applied letters shall not exceed eight
inches.
Projecting signs, including icon signs, mounted perpendicular to the building wall,
provided the following standards are met:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
The signboard shall not exceed an area of six square feet unless a comer sign
which shall not exceed an area of nine square feet.
The distance from the ground to the lower edge of the signboard shall be eight
feet or greater.
The height of the top edge of the signboard shall not exceed (i) the height of
the wall from which the sign projects, if attached to a single story building,
(ii) the height of the sill or bottom of any second story window, if attached
to a multi-story building and not a comer sign or (iii) 50 percent of the
distance between the building cornice or roof line and the sill or bottom of
any second story window if a comer sign located on a multi-story building.
The distance from the building wall to the signboard shall not exceed six
inches.
The width of the signboard shall not exceed three feet.
The height of the lettering, numbers, or graphics shall not exceed eight inches.
Limited to one sign for each ground floor business establishment. Projecting
signs are not permitted in conjunction with free-standing or tree lawn signs.
34
Fo
Tree lawn signs, including icon signs, installed on a pole in a tree lawn, provided
the following standards are met:
(1) The sign is located in a tree lawn opposite the entrance to the building.
(2) The signboard shall not exceed an area of six square feet.
(3) The distance from the ground to the lower edge of the signboard shall be six
feet or greater.
(4) The height of the top edge of the signboard shall not exceed the height of the
wall of the building in front of which the sign is located, if located opposite
a single story building, or the height of the sill or bottom of any second story
window, if located opposite a multi-story building.
(5) The width of the signboard shall not exceed two feet.
(6) The height ofthe lettering, numbers, or graphics shall not exceed eight inches.
(7) Limited to one sign for each ground floor business establishment. Tree lawn
signs are not permitted in conjunction with free standing or projecting signs.
Painted
(1)
(2)
(3)
(4)
window or door signs, provided that the following standards are met:
The sign shall not exceed 30 percent of the window or door area.
The sign shall be silk screened or hand painted.
The height of the lettering, numbers, or graphics shall not exceed four inches.
Limited to two signs for each ground floor business establishment.
Painted window or door signs may be in addition to only two of the following:
a wall-mounted sign, a flee-standing sign, an applied letter sign, a projecting
sign, a tree lawn sign or a valance awning sign.
Awning signs, for ground floor uses only, provided that the following standards are
met:
( 1 ) If acting as the main business sign, it shall not exceed ten square feet in area,
and the height of the lettering, numbers, or graphics shall not exceed eight
inches.
(2) If acting as an auxiliary business sign, it shall be located on the valance only,
shall not exceed four square feet in area, and the height of the lettering,
numbers, or graphics shall not exceed four inches.
(3) Limited to two such signs for each ground floor business establishment, on
either awning or valance, but not on both.
(4) If acting as the main business sign, it shall not be in addition to a wall-
mounted sign. an applied letter sign or a projecting sign which is not a comer
sign.
Free-standing sign, provided that the following standards are met:
( 1 ) The building, where the business to which the sign refers is located, shall be
set back a minimum of five feet from the frontage line.
(2) The area of the signboard shall not exceed 30 square feet.
(3) The height ofthe lettering, numbers, or graphics shall not exceed four inches.
35
(4)
(5)
(6)
(7)
(8)
The height of the top of the signboard, or of any posts, brackets, or other
supporting elements shall not exceed six feet from the ground.
The signboard shall be constructed of wood, with wood or cast iron brackets,
and shall be architecturally compatible with the style, composition, materials,
colors, and details of the building.
Intentionally omitted
The sign shall be located within four feet of the main entrance to the business
and its location shall not interfere with pedestrian or vehicular circulation.
Limited to one sign per building and shall not be in addition to wall-mounted,
applied letters, tree lawn or projecting signs.
Business establishments located in comer buildings are permitted signs for each street
frontage as if each frontage were a separate business establishment except that if a
comer sign is used, no free standing, tree lawn or additional projecting signs are
permitted on either frontage.
Businesses with service entrances may identify these with one sign not exceeding two
square feet.
One directional sign, facing a rear parking lot, is permitted. This sign may be either
wall-mounted or free standing on the rear facade, but shall be limited to three square
feet in area.
In addition to other signage, restaurants and cafes shall be permitted the following, ·
limited to one sign per business establishment:
(1)
A wall-mounted display featuring the actual menu as used at the dining table,
to be contained within a shallow wood or metal case, and clearly visible
through a glass front. The display case shall be attached to the building wall,
next to the main entrance, at a height of approximately five feet, shall not
exceed a total area of two square feet, and may be lighted.
(2)
A sandwich board sign, as follows:
(a) The area of the signboard, single-sided, shall not exceed five square
feet.
(b) The signboard shall be constructed of wood, chalkboard, and/or
finished metal.
(c) Letters can be painted or handwritten.
(d) The sign shall be located within four feet of the main entrance to the
business and its location shall not interfere with pedestrian or
vehicular circulation.
(e) The sign shall be removed at the end of the business day.
A home-based office is permitted one sign provided it complies with the requirements
36
of Section 6.2(F).
If historically appropriate to the type of business conducted, a retail business may
display an illuminated window sign in addition to other permitted signs provided the
sign area does not exceed six square feet.
P. Signage for the Education Building depicted on the Development Plan is permitted.
18.4. Permitted Other Signs:
Signs permitted under Sections 25.7.02-3, 25.7.02-5, 25.7.02-6, 25.7.03-4, 25.7.03-5,
25.7.03-6 and 25.7.04 of the Sign Ordinance.
B. One identification sign at each entrance to (i) the District, (ii) a designated
neighborhood within the District, (iii) an attached dwelling project containing more than six
units in not less than two buildings, and (iv) an apartment house, provided the following
standards are met:
The design of the sign for any attached dwelling project or apartment house
shall be consistent with the architectural style of the project or apartment
house to which it relates.
(2) The maximum sign area shall not exceed 75 square feet.
(3)
The area surrounding the sign shall be appropriately landscaped in accordance
with the requirements of Section 19.
(4) The sign may be illuminated.
(5)
Matching signs which border either side of one entrance shall be treated as
one sign, but both sign faces shall be used to calculate the total sign area.
C. Traffic directional signs.
One development sign at each entrance to the District and each designated
neighborhood thereof, provided the following standards are met:
The maximum sign area shall be 64 square feet.
(2) The maximum height of each sign shall be eight feet.
(3) The sign may not be illuminated.
37
F,
G,
(4)
The sign shall be removed when 90 percent of the lots in the area to which the
sign relates have been sold.
One construction sign for each street frontage of a lot upon which construction (other
than construction of a detached dwelling) is in progress, provided the following
standards are met:
(1) The maximum sign area shall be 32 square feet.
(2) The maximum height of each sign shall be eight feet.
(3) The sign may not be illuminated.
(4)
The sign shall be removed within seven days after the beginning of the
intended use of the building.
(5)
Sign copy shall be limited to identification of the building, architects,
engineers, contractors and other persons involved with the construction, but
shall not include any advertising or product other than a rendering of the
building being constructed.
Signs depicting the site plan of the District assuming completion of development in
accordance with the Development Plan and indicating the location within the District
of the person viewing the sign, provided the following standards are met:
(1) The maximum sign area shall be 30 square feet.
(2) The maximum height shall be eight feet.
(3)
Site plan signage within the Primary Area and in open and recreational space
may be illuminated; elsewhere in the District, illumination is not permitted.
(4)
Site plan signage shall be removed from the Secondary Area when 90 percent
of the lots have been sold.
Signs containing a rendering of one or more buildings expected to be constructed on
the lot, provided the following standards are met:
(1) The maximum sign area shall be 32 square feet.
(2) The maximum height of each sign shall be eight feet.
(3) The sign may be illuminated.
38
18.5.
HJ
(4)
One sign will be permitted for each street fromage of the lot upon which
construction of the depicted building is contemplated.
(5)
Unless otherwise agreed by the Commission, the sign shall be removed not
later than 36 months following installation thereof unless construction of the
building has commenced prior to that date and, if construction commences,
the sign shall be removed within seven days after the beginning of the
intended use of the building.
(6)
Sign copy shall be limited to a rendering of the proposed building and
information relating to the intended construction, availability and use thereof.
Real estate sales and leasing signs, provided the following standards are met:
(1) The maximum sign area shall be 20 square feet.
(2) The maximum height of the sign shall be eight feet.
(3)
Limited to one sign for each street frontage of the lot, with no more than two
sign faces per sign.
(4) The sign may not be illuminated.
(5) Intentionally omitted
(6)
Except as provided in subparagraph (5) above, sign copy shall be limited to
announcement of the sale, rental or lease of the premises and shall contain no
advertising or promotional material other than to indicate the party listing the
property for sale or lease.
(7) Intentionally omitted
(s)
Signs for detached dwellings and commercial structures shall be removed
within seven days after the date the unit is leased, sold or occupied.
(9)
With respect to attached dwellings and apartment houses, when 80% of the
dwellings are leased, sold or occupied, real estate signs are limited to a
ground sign, a wall sign or a window sign of six square feet or less.
Signs approved by the Commission are permitted in the District in addition to the
signs specifically authorized in this Ordinance.
Design Standards for Signs:
39
Signs affixed to the exterior of a building shall be architecturally compatible with the
style, composition, materials, colors, and details of the building, as well as with other
signs used on the building.
B. Sign colors should be compatible with the colors of the building facade.
Signs shall not interfere with vision clearance and shall comply with the requirements
of Section 10.13.
18.6. Premises Identification:
The assigned premises identification of a building shall be displayed in such a manner
so that the numerals can readily be seen from the street. Identification shall be
displayed on the building, on or near the main entrance door, or displayed on a
mailbox near the street in such a manner as they identify its corresponding building.
B,
Any dwelling or commercial building that abuts an alley or secondary. access that
could be used by motor vehicles must not only display the premises identification on
the front, but shall also display its premises identification visible fi:om the alternate
access to the property.
When numerals representing premises identification are removed or become illegible.
such numerals shall be renewed or replaced by the owner or occupant of the building.
18.7. Sign maintenance: All signs and sign structures shall be kept and maintained in good repair
and in a sa/b condition.
18.8. Permit Procedures: Division VI of the Sign Ordinance shall apply to signs in the District.
Section 19. Landscaping.
19.1. Landscaping shall be required in the Primary. Area in accordance with the Landscape Plan.
All areas of a site within the Village Center not occupied by buildings, parking lots. other
improvements or paving shall be planted with trees. shrubs, hedges, ground covers. and/or grasses.
unless such area consists of attractive existing vegetation to be retained. as depicted on the
Landscape Plan or. with respect to commercial structures, as approved by the Commisson pursuant
to Section 8.9 of this Ordinm~ce. Perennials and annuals are encouraged.
19.2. Landscaping shall be integrated with other functional and ornamental site design elements,
where appropriate, such as recreational facilities. ground paving materials, paths and walkways,
tbuntains or other water features, trellises, pergolas. gazebos, fences, walls. street furniture, art, and
4O
sculpture.
19.3. Plant suitability, maintenance, and compatibility with site and construction features are
critical thctors which should be considered. Planrings should be designed with repetition, structured
panems. and complimentary. textures and colors, and should reinforce the overall character of the
area.
19.4. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or
other debris shall be removed from the Development and disposed of in accordance with applicable
law. No tree stumps, portions of tree thinks, or limbs shall be buried anywhere in the Development.
All dead or dying trees. standing or fallen, shall be removed from the Development. If trees and
limbs are reduced to chips. they may be used as mulch in landscaped areas. Areas which are to
remain as undeveloped open space shall be cleaned of all debris and shall remain in their natural
state.
19.5. Specimen trees not within a right-of-way, drive or 20 t~et of the building footprint after
grading shall be protected and preserved. No material or temporary soil deposits shall be placed
within tbur feet of shrubs or within t~vo feet of the drip line of trees designated to be retained.
Protective barriers or tree wells shall be installed around each plant and/or goup of plants at the drip
line that are to be retained. Barriers shall not be supported by the plants they are protecting, but shall
be self-supporting. Barriers, such as snow fences, shall be a minimum of four tbet high and
constructed of a durable material that will last until construction is completed.
19.6. Landscaping of the area of all cuts, fills, and/or terraces shall be sufficient to prevent erosion.
and all roadway slopes steeper that one foot vertically to three horizontally shall be planted with
ground covers appropriate for the purpose, soil conditions, water availability., and environment.
19.7. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall have
at least a two and one-haltLinch caliper and eight tbot height at the time of planting unless otherwise
specified herein or othersvise indicated on the Landscape Plan. Evergreen trees shall be a minimum
of three to tBur t~et high at the time of planting. Shrubs shall be two feet in height at the time of
planting. All trees. shrubs. Lind ground covers shall be planted according to accepted horticultural
standards. Landscaping materials shall be appropriate to local growing and climatic condition. Plant
n~aterial shall be nursery grown stock conforming to ANSI Z60.1(American Standard for Nursery
Stock). No street trees in public rights of way or in common areas in the Village Center shall be
topped, tipped, or deformed: provided. however. that the foregoing shall not restrict trimming such
as that required by the Cannel Street Tree Regulations or trimming that may be done in the common
areas for aesthetic reasons.
19.8. Within one year from the time of planting, all dead or dying plants in tree lawns or open
space, installed new, transplanted, or designated as existing trees to be retained on the Landscape
Plan. shall be replaced by the Developer or the lot owner. Trees or other vegetation in tree lawns
or open space which die after the first year shall be replaced by the Ovcners Association or the lot
owner.
4l
19.9. Tree spacing, unless otherwise provided in this Ordinance, shall be determined by species
type. Large maturing trees shall be planted a minimum of 30 feet and a maximum of 50 feet on
center. Small maturing trees shall be planted a minimum of 10 feet and a maximum of 30 feet on
center.
19.10. Large maturing trees shall generally be planted along residential streets and along the street
fi-ontages and perimeter of community. area and parking lots.
19.11. Small maturing trees shall generally be planted along non-residential streets and the interior
portions of community area.
19.12. Shade trees shall be provided along each side of all streets in the District other than alleys
and passages. In locations where healthy and mature shade trees currently exist, new trees are not
required. The Developer shall be responsible for the provision of shade trees along the principal
streets and within open spaces abutting streets in the District. Each lot owner shall be responsible
tbr the provision of shade trees in the designated tree lawn upon or adjacent to the owner's lot except
to the extent the Developer has provided such trees.
19.13. Street trees of a similar species should generally be gouped together and not intermixed with
trees of another species. Not more than 20 trees of the same species shall be planted in a linear row
or contained grouping except as otherwise indicated on the Landscape Plan. The trees listed on
Ex. hibit C shall not be planted in the District. No single species shall make up more than 15% of the
total street tree population within each of the following areas: south of 131st Street and east of
Towne Road; north of 131 st Street: and west of Towne Road.
19.14. Garbage collection. recycling areas, and other utiliW areas in the Village Center shall be
screened around their perimeter by wood enclosures or by brick walls, with a minimum height of
seven tbet, and shall extend on three sides of such an area, with a gate or door on the fourth side.
A landscaped planting strip a minimum of three feet wide shall be located on three sides of such a
/ilcility. Planting material shall be separated fi'om the parking lots by appropriate curbing, but shall
have ramp access to such thcility tbr vehicles and cans. A mixture of hardy flowering and/or
decorative evergreen and deciduous trees may be planted; the area be~veen trees shall be planted
with shrubs or ground cover. or covered with mulch. decorative stone or other suitable materials.
Section 20. Detention and Retention Basins.
Detention and retention basins. headwalls, outlet structures, concrete flow channels, rip rap channels,
and other drainage improvements shall be screened with plant material and/or berms.
42
Section21. Lighting.
21.1. Street lights shall be decorative and consistent with the Development Plan.
21.2. Along all commercial streets, parking areas, sidewalks, walkways, courtyards, and
community area in the Village Center, decorative lamp posts shall be provided at regular intervals.
Except as otherwise provided in Section 21.3, lamp posts shall not exceed 14 feet in height and shall
be spaced at no greater than 80 feet on center on both sides of a street. If installed, lighting on
residential streets may be confined to the intersections and comers. Light poles and fixtures utilized
in the District shall complement the predominant architectural theme of the area where used.
21.3. In parking lots, post heights may be extended to a maximum of 20 feet.
21.4. Porch light and yard post lighting shall be incorporated into the street lighting design.
21.5. Dusk to dawn alley lighting shall be provided by lot owners on all garages fronting alleys or
on poles adjacent to parking areas.
21.6. No accessory, lighting on any lot shall cause illumination at or beyond the lot line in excess
of 0.1 footcandles of light.
21.7. Lighting of basketball and tennis court areas shall not create more than 5 footcandles of light
25 tbet from the perimeter of the court.
Section 22. Fences and Walls.
22.1. Fences or walls located within any required front yard in the Secondary Area shall not exceed
42 inches in height.
22.2. Fences or walls located within any required side or rear yard in the Secondary. Area shall not
exceed 42 inches in height except fences located on side or rear lot lines adjoining property outside
the District shall not exceed six feet in height.
'~" ' Residential fences or walls in the Secondary Area not located within any required yard but
within the buildable area shall not exceed nine feet in height.
22.4. Open wire mesh t~nces surrounding tennis courts may be erected to a height of 16 feet, if
such fences only enclose a regulation court area and standard apron areas.
22.5. Fences or walls enclosing (i) open, civic or recreational space or buildings. (ii) a commercial
lot or (iii) a commercial structure may not exceed a height of 10 feet.
43
22.6. Fences and walls shall be measured from the topmost point thereof to the ground adjacent
to the fence or wall; provided, however, that decorative caps or spires which extend above the
highest horizontal member of a fence or the top of a wall' shall not be included in the measurement
of height.
22.7. Any fence placed upon an erected earth berm or masonry wall must govern its height as
measured to the ground adjacent to said earth berm or wall.
22.8. No fence or wall shall be constructed within a drainage easement so as to obstruct the flow
of water therein.
22.9. With respect to single-thrnily residential structures in the Primary. Area, (i) fences or walls
in the fi'ont yard shall not be less than three feet high, nor more than five feet high, provided that
entranceway and lot corners may be articulated with larger (taller and fatter) posts or other
embellishments, (ii) fencing may not exceed six feet in height along rear and side yard lines and (iii)
patio enclosures located in the permitted building area of the lot may not exceed nine feet in height;
if not so located, the maximum height of patio enclosures is six feet.
Section 23. [intentionally omitted]
Section 24. Platting and Installation of Improvements.
24.1. The Development Plan. having incorporated preliminary plats tbr the Primary and the
Secondary Areas conforming to the requirements of Section 5.0 of the Subdivision Control
Ordinance. shall constitute an approved preliminary. plat of the Primary, and the Secondary Areas for
all purposes of the Subdivision Control Ordinance.
24.2. Only those terms of the Subdivision Control Ordinance expressly referred to herein shall
govern development in the District. To the extent of any inconsistency between the terms of this
Ordinance and the terms of the Subdivision Control Ordinance. the terms of this Ordinance shall
govern.
24.3. In the course of development within the District, the Developer shall comply with the
requirements of Section 5.4 of the Subdivision Control Ordinance. Except for subsection 5.5.1, the
provisions of Section 5.5 of the Subdivision Control Ordinance shall not be applicable to final plats
filed with respect to land in the District if the final plat substantially contbrms to the Development
Plan.
24.4. In the course of development within the District, the Developer shall comply with the
requirements of Sections 5.6.5.7, 8.2.8.3 (subject to the provisions of Section 10 of this Ordinance),
8.4, 8.5, 8.7 and 9.0 of the Subdivision Control Ordinance.
24.5. The Development may be platted in phases.
44
24.6. Intentionally omitted
24.7. The Developer shall commence construction of the initial phase of the Development within
two years tbllowing the effective date of this Ordinance.
24.8. Intentionally Omitted
24.9. Upon providing such pertbrrnance guarantees as may be required by Section 5.7.1 of the
Subdivision Control Ordinance or Paragraph 10 of this Section 24, the Developer may commence
construction of improvements in the District at any time after the Development Plan is recorded;
provided. however, that no residential lot may be conveyed to a third person until a final plat
depicting such lot has been approved pursuant to this Section 24, and recorded.
24.10. Intentionally omirted
24.11. Intentionally omitted
24.12. The size. configuration and number of lots in a block shown on a final plat may vary from
the size. configuration and number of lots shown on the Development Plan.
24.13. Title to less than all of a lot may be conveyed for the purpose of establishing a building site
provided that the aggregate number of building sites in a block may not exceed the number of lots
in such block depicted on the final plat.
24.14. Title to portions of an apartment block or commercial block may be conveyed by a metes and
bounds survey description as long as such portion complies with the area and bulk regulations of
Section 15 with respect to the intended use of such portion.
24.15. Grading. filling, excavating or any change in the grade of any property is permitted, but shall
not be detrimental to surrounding properties in appearance or in the diversion of stormwater.
24.16. Temporary, construction facilities are permitted to remain on a job site during all phases of
construction and must be removed within 30 days following the issuance of a certificate of
occupancy. No permit is necessary tbr temporary, construction facilities except where permanently
connected to water and sewer utilities.
Section 25. Certification and Recordation of the Development Plan.
25.1. Within 30 days following adoption of this Ordinance. the Director of the Department shall
sign a mylar copy of the Development Plan, and deliver the signed Development Plan to the
Developer.
45
25.2. The Developer shall record the signed Development Plan in the Office of the Recorder of
Hamilton County, Indiana. within 60 days tbllowing receipt of the signed Development Plan from
the Commission, and shall deliver a copy of the recorded Development Plan to the Department. The
Recorder shall return the originally recorded Development Plan to the Department.
25.3. Approved modifications of the Development Plan shall be recorded by the Developer in the
Office of the Recorder of Hamilton County, Indiana, within 60 days following the approval of such
modification. Subsequent to recordation, the Developer shall deliver a copy of the recorded
modification to the Department.
Section 26. Improvement Location Permits.
26.1. Prior to commencement of construction of an apartment house or attached dwelling in the
District (exclusive of any such structure the elevations of which are included in the Development
Plan), architectural plans, elevations. site plan and landscaping plan for the proposed structure shall
be presented to the Department as part of the improvement location permit application. If the
Department reasonably believes that the proposed structure does not comply with the Development
Requirements and the Design Vocabulary., then the Department shall decline to issue an
improvement location permit and. if the applicant fails to make such revisions as the Department
may deem necessary. for compliance. the Department shall promptly ret~r the application to the
Commission tbr a determination at its next meeting of compliance or non~compliance with the
Development Requirements and Design Vocabulary. The Department shall specifically detail in
writing the basis tbr its belief that the proposed structure does not comply with the Development
Requirements or Design Vocabulary. The Commission shall either approve, disapprove or approve
subject to conditions the referred application after affording the applicant an opportunity. to address
the objections of the Department.
Section 27. [Intentionall)' omitted]
Section 28. Filing Fees.
The provisions of Division VIII of the Zoning Ordinance, to the extent applicable. shall apply to
development in the District.
Section 29. Intentionally Omitted
46
Section 30. Commission Consents or Approvals.
30.1. Where the consent or approval of the Commission is required pursuant to the provisions of
this Ordinance, the request for such approval or consent shall be deemed a modification of the
Development Requirements and shall be processed in accordance with the provisions of Section 4.
30.2. In considering whether to grant its consent or approval, the Commission shall apply the
criteria set forth in Section 4.3.
PASSED by the Common Council of the City of Carmel, Indiana, this '/fi' day of,~, ,~,,a~-y
199_~, by a vote of 7 ayes and ~3 nays.
PrQN d g Officer
' ~J7 Mill
~j'~'~ ~~ Robe~ a~re~
. Walker
Diana L. Cord~~~rer
47
Presented by me to the Mayor of the City of Carmel, Indiana on the 7~ day
199_.
Di~a L. Cordray, er
Approved by me, Mayor of ~e C' of C~el, Indi~a, ~s ~ day of ~ ~ ~, ~ ~ ,199~.
J r
Diana L. Cordra'y~~urer
48
EXHIBIT A
Part of Section 28, Township 18 North, Range 3 East, Section 29, Township 18 North, Range 3
East and Section 33, Township 18 North, Range 3 East of the Second Principal Meridian,
Hamilton County, Indiana described as follo~vs:
Beginning at the Southwest comer of the East Half of the Northwest Quarter of said
Section 28; thence North 00 degrees 08 minutes 08 seconds West a distance of 2640.15
feet to the Northwest comer thereof; thence North 89 degrees 15 minutes 43 seconds East
a distance of 660.01 feet; thence South 00 degrees 08 minutes 08 seconds East a distance
of 650.04 feet; thence North 89 degrees 15 minutes 43 seconds East a distance of 653.85
feet; thence North 00 degrees 54 minutes 16 seconds West a distance of 302.00 feet;
thence North 89 degrees 15 minutes 43 seconds East a distance of 187.00 feet; thence
North 00 degrees 54 minutes 16 seconds West a distance of 348.00 feet; thence North 89
degrees 15 minutes 43 seconds East a distance of 125.00 feet; thence South 00 degrees 54
minutes 16 seconds East a distance of 348.00 feet; thence North 89 degrees 15 minutes
43 seconds East a distance of 1058.53 feet: thence South 00 degrees 34 minutes 54
seconds East a distance of 641.51 feet; thence South 00 degrees 08 minutes 21 seconds
East a distance of 334.45 feet: thence South 00 degrees 26 minutes 25 seconds West a
distance of 1046.90 t~et: thence North 73 degrees 09 minutes 10 seconds West a distance
of 138.64 feet: thence South 00 degrees 26 minutes 25 seconds West a distance of 310.83
feet; thence North 89 degrees 14 minutes 32 seconds East a distance of 1413.06 feet;
thence South 00 degrees 36 minutes 36 seconds East a distance of 2630.99 t~et to the
Southeast comer of the said Southeast Quarter; thence South 89 degrees 23 minutes 24
seconds West along the North line of the Northeast Quarter of Section 33. Township 18
North. Range 3 East a distance of 2640.00 feet to the Northwest comer of the said
Northeast Quarter: thence South 00 degrees 19 minutes 00 seconds East a distance of
520.98 tbet; thence South 00 degrees 19 minutes 00 seconds East a distance of 2602.08
feet; thence South 8o degrees 34 minutes 24 seconds West a distance of 1331.52 feet;
thence North 00 degrees 12 minutes 23 seconds West a distance of 442.67 feet; thence
South 89 degrees 34 minutes 24 seconds West a distance of 1328.56 feet: thence North 00
degrees 12 minutes 04 seconds West a distance of 1329.55 feet: thence North 89 degrees
34 minutes 24 seconds East a distance of 1328.59; thence North 00 degrees 34 minutes 48
seconds West a distance of 1265.42 feet: thence North 00 degrees 34 minutes 48 seconds
West a distance of 77.84 feet: thence South 89 degrees 04 minutes 33 seconds West a
distance of 1292.76 t~et; thence South 89 degrees 04 minutes 33 seconds \Vest a distance
of 1378.39 feet; thence North 01 degrees 05 minutes 04 seconds West a distance of 8.00
feet; thence North 52 degrees 34 minutes 10 seconds East a distance of 14.45 feet; thence
North 22 degrees 56 minutes 30 seconds East a distance of 27.27 t~et; thence North 00
degrees 32 minutes 40 seconds West a distance of 1453.10 feet: thence South 89 degrees
16 minutes 51 seconds West a distance of 107.69 feet: thence North 00 degrees 03
minutes 04 seconds East a distance 1138.58 tbet; thence North 89 degrees 15 minutes 43
seconds East a distrance of 1470.62 feet; thence North 89 degrees 15 minutes 43 seconds
East a distance of 12o2.99 t~et to the Point of Beginning.
Also the following:
Part of Section 29, Township 18 North, Range 3 East of the Second Principal Meridian,
Hamilton County, Indiana described as follows:
Commencing at the Southeast Comer of the Southeast Quarter of said Section; thence
South 88 degrees 51 minutes 04 seconds West a distance 1961.04 feet to the Point of
Beginning; thence North 00 degrees 42 seconds 38 seconds West a distance of 1441.57
feet; thence South 88 degrees 33 minutes 26 seconds West a distance of 639.56 feet;
thence South 01 degrees 15 minutes 54 seconds East a distance of 1437.55 feet: thence
North 88 degrees 54 minutes 56 seconds East a distance of 625.61 feet; to the Point of
Beginning.
Except the following:
Part of Section 28, Township 18 North. Range 3 East of the Second Principal Meridian,
Hamilton County, Indiana described as follows:
Commencing at the Southwest corner of the East Half of the Northwest Quarter of said
Section 28; thence North 00 degrees 08 minutes 08 seconds West along the West line of
said Half Quarter section a distance of 2640. I5 feet to the Northwest comer thereof.:
thence North 89 degrees 15 minutes 43 seconds East a distance of 660.01 feet; thence
South 00 degrees 08 minutes 08 seconds East a distance of 650.04 feet; thence North 89
degrees 15 minutes 43 seconds East a distance of 653.85 feet; thence North 00 degrees 54
minutes 16 seconds West a distance of 302.00 feet; thence North 89 degrees 15 minutes
43 seconds East a distance of 187.00 feet; thence North 00 degrees 54 minutes 16 seconds
West a distance of 348.00 feet: thence North 89 degrees 15 minutes 43 seconds East a
distance of 125.00 tbet; thence South 00 degrees 54 minutes 16 seconds East a distance of
348.00 ~et: thence North 89 degrees 15 minutes 43 seconds East a distance of 1058.53
feet: thence South 00 degrees 34 minutes 54 seconds East a distance of 641.51 feet:
thence South 00 degrees 08 minutes 21 seconds East a distance of 334.45 t~et; thence
South 00 degrees 26 minutes 25 seconds West a distance of 1046.99 feet; thence North 73
degrees 09 minutes 10 seconds West a distance of 138.64 feet; thence South 00 degrees
26 minutes 25 seconds West a distance of 310.83 feet to the Point of Beginning; thence
North 00 degrees 45 minutes 26 seconds West a distance of 662.27 feet; thence North 89
degrees 59 minutes 57 seconds West a distance of 452.93 feet; thence North 53 degrees
28 minutes 12 seconds West a distance 213.92 fbet; thence North 19 degrees 05 minutes
37 seconds West a distance of 232.49 ~bet: thence North 64 degrees 16 minutes 57
seconds West a distance of 13 1.09 feet; thence South 00 degrees 54 minutes 16 seconds
East a distance of 734.65 feet: thence North 89 degrees 05 minutes 44 seconds East a
distance of 188.43 t~et; thence South 00 degrees 41 minutes 22 seconds East a distance of
342.90 feet; thence South 89 degrees 15 minutes 43 seconds West a distance of 187.16
feet; thence South 00 degrees 00 minutes 06 seconds West a distance of 503.75 feet:
thence North 89 de~rees 28 minutes 31 seconds East a distance of 605.89: thence North
00 degrees 15 minutes 05 seconds East a distance of 506.25 feet: thence North 89 degrees
14 minutes 32 seconds East a distance of 202.69 feet to the Point of Beginning.
The above land description ~vas prepared and is based exclusively upon record deed
intbrmation and/or prior surveys of the subject premises or its parent. Said real estate is
described in a perimeter survey prepared by The Schneider Corporation as follows:
The Southwest quarter of Section 28, part of the Southeast quarter of Section 29 and part of the
Northvest and Southwest quarters of Section 33 all in Township 18 North, Range 3 East of
Hamilton County., Indiana. and being described as follows:
Beginning at the Northeast comer of the Southwest quarter of said Section 28; thence on
an assumed bearing of South 00 degrees 01 minutes 09 seconds West along the East line
of said Southwest quarter a distance of 503.75 feet: thence North 89 degrees 29 minutes
11 seconds East a distance of 605.93 feet; thence North 00 degrees 15 minutes 45 seconds
East a distance of 506.25 feet to a point of the North line of the Southeast Quarter of said
Section 28 distant 608.11 feet east of the Northwest comer thereof: thence North 89
degrees 15 minutes 12 seconds East along said North line a distance of 2069.03 feet to
the Northeast comer of said Southeast Quarter; thence South 00 degrees 07 minutes 17
seconds West along the East line of said Southeast Quarter a distance of 2630.92 feet to
the Southeast comer of said Southeast Quarter; thence South 89 degrees 23 minutes 24
seconds West along the South line of said Southeast Quarter a distance of 2672.37 feet to
the Northeast comer of the Northwest Quarter of said Section 33: thence South 00
degrees 20 minutes 16 seconds East along the East line of the Northwest quarter of
Section 33 a distance of 2632.10 feet to the Southeast comer thereof; thence South 00
degrees 23 minutes 56 seconds East along the East line of the Southwest quarter of said
Section 33 a distance of 490.67 feet; thence South 89 degrees 20 minutes 46 seconds
West parallel with the North line of said Southwest quarter a distance of 1331.44 feet to
the West line of the East half of said Southwest quarter: thence North 00 degrees 25
minutes 30 seconds \Vest along said West line a distance of 442.67 feet to a point distant
48.00 feet South from the Northwest corner of said half-quarter: thence South 89 degrees
20 minutes 46 seconds West parallel with the North line of said Southwest quarter a
distance of 1331.64 feet to the West line of said Southwest quarter: thence North 00
degrees 27 minutes 03 seconds West along said West line a distance of 48.00 feet to the
Northwest comer of said Southwest quarter; thence North 00 degrees 27 minutes 13
seconds West along the West line of the Northwest quarter of Section 33 a distance of
1281.55 t~et; thence North 89 degrees 20 minutes 46 seconds East parallel with the South
line of said Northwest quarter a distance of 1332.95 t~et to the \Vest line of the East half
of said Northwest quarter; thence North 00 degrees 23 minutes 44 seconds West along
said West line a distance of 1348.18 feet to the Northwest comer thereof; thence South 89
degrees 14 minutes 42 seconds West along the South line of the Southwest quarter of
Section 28 a distance of 1334.33 feet to the southwest comer thereof; thence South 88
degrees 51 minutes 10 seconds West along the South line of the Southeast quarter of
Section 29 a distance of 1351.40 feet to a point hereinafter referred to as Point A; thence
North 01 degrees 08 minutes 50 seconds West a distance of 8.00 feet; thence North 52
degrees 30 minutes 24 seconds East a distance of 14.45 t~et; thence North 22 degrees 52
minutes 44 seconds East a distance of 27.27 feet; thence North 00 degrees 36 minutes 26
seconds West a distance of 1453.10 feet; thence South 89 degrees 13 minutes 03 seconds
West a distance of 107.69 feet; thence North 00 degrees 00 minutes 53 seconds West a
distance of 1138.44 feet to the North line of said Southeast quarter; thence North 89
degrees 13 minutes 03 seconds East along said North line a distance of 1443.58 feet to
the Northeast comer thereof; thence North 89 degrees 14 minutes 59 seconds East along
the North line of the Southwest quarter of Section 28 a distance of 2678.68 feet to the
Point of Beginning.
Also, Part of the Northwest and the Northeast Quarters of Section 28, Township 18
North. Range 3 East of the Second Principal Meridian, Hamilton County described as
follows:
Beginning at a railroad spike at the southwest comer of the east half of the northwest
quarter: thence North 00 degrees 00 minutes 08 seconds West along the west line of said
half quarter 263 1.74 to the northwest comer thereof: thence North 89 degrees 15 minutes
26 seconds East along the north line of the Northwest Quarter 693.79 feet to a railroad
spike at the northwest comer of a tract of land described in a deed to Stumm~ et al, and
recorded as instrument number 9601331 in the Office of the Recorder of Hamilton
County: thence South 00 degrees 02 minutes 24 seconds East along the west line thereof
and along the west line of a tract of land described in a deed to Smith, recorded in Deed
Book 154 page 17 a distance of 660.00 feet to a 5/8"x30" rebar with yellow plastic cap
marked "SCHNEIDER ENG FIRM #0001" (hereinafter referred to as "REBAR/CAP") at
the southwest comer of said Smith tract: thence North 89 degrees 15 minutes 26 seconds
East along the south line thereof and along the south line of a tract of land described in a
deed to Toll, recorded in Deed Book 310 page 838 a distance of 594.00 to a
REBAR. CAP at the southeast comer of said Toll tract: thence North 00 degrees 02
minutes 24 seconds West along the east line thereof 329.99 feet to a REBAR/CAP on the
westerly extension of the south line of a tract of land described in a deed to Sullivan,
recorded in Deed Book 327 page 646; thence North 89 degrees 14 minutes 34 seconds
East along said extension and said south line 211.43 to a REBAK'CAP at the southeast
comer thereof; thence North 00 degrees 03 minutes 50 seconds West along the east line
thereof 330.00 feet to a railroad spike on the north line of the Northeast Quarter; thence
North 89 degrees 14 minutes 34 seconds East along said north line 120.00 t~et to a
railroad spike at the northv,'est comer of a tract of land described in a deed to Stumm,
recorded in Deed Book 281 page 412; thence South 00 degrees 03 minutes 50 seconds
East along the west line thereof 330.00 feet to a REBAR/CAP at the southwest comer
thereof: thence North 89 degrees 14 minutes 34 seconds East parallel with the north line
of the Northeast Qum'ter 1056.00 feet to the southeast comer of a tract of land described
in a deed to Frederick, recorded as instrument number 9545201. ~d on the east line of
the west half of the Northeast Quarter; thence South 00 degrees 03 minutes 50 seconds
East along said east line 2030.77 feet to the northeast comer of a tract of land described in
a deed to Lasher, recorded as instrument number 9213826; thence South 89 degrees 15
minutes 12 seconds West along the north line thereof 130.00 feet to a REBAR/CAP at the
northwest corner thereof; thence South 00 degrees 03 minutes 50 seconds East along the
west line of said Lasher tract 271.00 t~et to a railroad spike on the south line of the
Northeast Quarter; thence South 89 degrees 15 minutes 12 seconds West along the south
line of said quarter 365.00 t~et to the a railroad spike at the southeast comer of a tract of
land described in a deed to Frank, recorded in Deed Book 163 page 280; thence North 00
degrees 04 minutes 33 seconds West 330.00 feet to the southeast comer of a tract of land
described in a deed to Pierson, recorded as instrument number 9364918; thence North 01
degrees 13 minutes 35 seconds East along the east line thereof60.44 feet to a
REBAR/CAP, thence the following thirteen (13) courses along the lines of said tract, nine
(9) of which are also along Elliott Creek; (1) North 27 degrees 36 minutes 44 seconds
West 177.33 feet; (2) North 17 degrees 26 minutes 49 seconds West 57.75 feet; (3)
North 06 degrees 33 minutes 38 seconds East 59.39 feet; (4) North 88 degrees 53
minutes 52 seconds West 380.61 feet; (5) North 54 degrees 23 minutes 18 seconds West
158.25 t~et: (6) North 32 degrees 36 minutes 31 seconds West 96.43 feet; (7) North 08
degrees 48 minutes 39 seconds West 159.88 feet; (8) North 36 degrees 36 minutes 53
seconds West 43.86 feet; (9) North 56 degrees 59 minutes 39 seconds West 141.03 feet;
(10) South 00 degrees 49 minutes 57 seconds East 725.49 t~et: / 11 ) South 73 degrees 29
minutes 19 seconds East 139.54 feet; ( 12 ) North 89 degrees 15 minutes 15 seconds East
50.00 t~et: (13) South 01 degrees 00 minutes 58 seconds East 356.12 feet to a railroad
spike on the south line of the Northeast Quarter; thence South 89 degrees 15 minutes 12
seconds West along the south line thereof 222.21 feet to a Stone in two boxes 1.2 feet
down at the southwest comer of the Northeast Quarter: thence South 89 degrees 14
minutes 59 seconds West along the south line of the Northwest Quarter 1339.34 feet to
the Point of Beginning.
Also, part of the Southeast Quarter of said Section 29 being described as tbllows:
Commencing at the a/bresaid Point A? on the South line of said Southeast quarter;
thence South 88 degrees 51 minutes 10 seconds West along said South line a distance of
627.23 t~et to the Point of Beginning at the Southwest comer of the land described in a
deed to VVendv Fontme (Instrument Number 8915090. Office of the Recorder of
Hamilton County. Indiana); thence continuing South 88 degrees 51 minutes I0 seconds
West along said South line a distance of 668.05 feet to the Southwest comer of said
Southeast quarter; thence North 00 degrees 24 minutes 33 seconds West along the West
line of said Southeast quarter a distance of 1437.39 I~et to a point distant 1203.96 feet
South of the Northeast comer thereof; thence North 88 degrees 29 minutes 35 seconds
East a distance of 658.94 feet to a westerly comer oft he aforesaid Fortune tract; thence
South 00 degrees 46 minutes 26 seconds East along the West line thereof a distance of
1441.43 tbet to the Point of Beginning.
Exhibit B has been intentionally omitted
EXHIBIT C
Deciduous and Evergreen Trees Not Permitted:
Botanical Name (Common Name)
Acer Negundo (Box Elder)
Acer Saccharinum (Silver Maple)
Ailanthus Altissima (Tree of Heaven)
Asimina Triloba (Pawpaw)
Betula Papyrifera (Canoe Birch)
Betula Pendula (European Birch)
Carya Ovata (Shagbark Hickory)
Elaeagnus Angustifolia (Russian Olive)
Fraxinus Species (Ash) 2
Ginkgo Biloba (Ginkgo) 3
Gleditsia Triacanthos (Honey Locust) 1
Juniperus Scopulorum (Western Red Cedar)
Juniperus Virginiana (Eastern Red Cedar) 4
Malus Species (Flowering Crabapples) 5
Morus Species (Mulberry)
Pinus Banksiana (Jack Pine)
Pinus Sylvestris (Scotch Pine)
Populus Species (Poplar)
Prunus Cerasitbra (Cherry. Plum)
Prunus Serotina (Wild Cherr?')
Ptelea Trifoliata (Wafer Ash)
Rhamus Species (Buckthorn)
Robina Pseudoacacia (Black Locust)
Sorbus Species ~,Mountain Ash)
Evergreen and Deciduous Shrubs Not Permitted:
Botanical Name (Common Name)
Alnus Species ~Alders)
Cephalanthus Occidentalis (Buttonbush)
Conicera Japonica (Japanese Honeysuckle)
Corontila Varia (Crown Vetch)
Cordus Species (Hazels)
Cotinns Coggygria (Smokebush)
Robina Hispida (Rose Acacia)
Rosa Multiflora (Multiflora Rose)
The plants listed above are considered poor and should not be used at this site. Each plant listed
either suffers from excessive insect problems (borers, aphids, etc.) thorns, smell, fragility,
undesirable fruit or other problems.
1. Fruiting and thorny varieties plus "shademaster", imperial, and "sunburst"
2. Seeding varieties only
3. Female only
4. Except for "canaertiil" variety
5. Only varieties highly susceptible to black spot, mites, rust, and fire blight