COMMON COUNCIL CITY OF NOBLESVILLE DATE OCTOBER 27, 2015 _ PREVIOUSLY DISCUSSED ORDINANCES _ NEW ORDINANCES FOR DISCUSSION XXX_ MISCELLANEOUS _ TRANSFER ITEM OR ORDINANCE # 53-10-15_ SOURCE: INITIATED BY: CHRISTY LANGLEY VERBAL: INFORMATION ATTACHED: XXX_ NO PAPERWORK AT TIME OF PACKETS: BRING PAPERWORK FROM PREVIOUS MEETING:
ORDINANCE NO. 53-10 10-15 15 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE NO. 62-12 12-95 AND ALL AMENDMENTS THERETO IN REGARDS TO ARTICLE 2 DEFINITIONS, ARTICLE 8 ZONING DISTRICTS, ARTICLE 9 GENERAL REGULATIONS, ARTICLE 10 OFF-STREET PARKING AND LOADING, ARTICLE 11 SIGNS, ARTICLE 12 LANDSCAPING AND SCREENING, AND APPENDIX C. OFFICIAL SCHEDULE OF USES, ALL A PART OF THE COMPREHENSIVE MASTER PLAN FOR THE CITY OF NOBLESVILLE, HAMILTON COUNTY, INDIANA An Ordinance to amend the Unified Development Ordinance for the City of Noblesville, Hamilton County, Indiana, enacted by the City of Noblesville under the authority of Chapter 174 of the Acts of the Indiana General Assembly 1947, as amended, and WHEREAS, the Plan Commission of the City of Noblesville has conducted a public hearing on Application No. 002209-2015 as required by law concerning the text amendments to the Unified Development Ordinance and has sent a favorable recommendation for adoption to the Council with a vote of 10 ayes and 0 nays at their October 19, 2015 meeting, and NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Noblesville, Hamilton County, Indiana, meeting in regular session, that the Unified Development Ordinance is hereby amended as follows: SECTION 1 That Article 2 Definitions and Rules of Word Usage, Section 2. Definitions of Words and Terms Used hereby modifying the following existing definitions: Building Area The horizontal square footage, under roof, of a building or structure. 1
Garage, Community A detached accessory structure, or collection of detached accessory structures, used for the storing or parking of passenger vehicles and/or recreational vehicles and/or boats of the occupants of the premises. Such uses shall be permitted only inside multi-family developments. Garage, Private A detached accessory structure, or a portion of the principal building, used for the storing or parking of passenger vehicles and/or recreational vehicles and/or boars of the occupants of the premises. Garage, Public or Commercial A principal building or accessory structure other than a private or storage garage, used for the parking or temporary storage of passenger vehicles. Impervious Surface Any surface that does not allow water to be absorbed or percolate into the ground. Such surfaces include areas covered by buildings, porches, patios, swimming pools, tennis courts and also includes surfaces constructed of asphalt, concrete, gravel composite, brick, stone, tile, or any other paving material used for parking, driveways, and walkways. Lot Coverage, Maximum The percentage of buildable lot that can be covered with impervious surface including but not limited to principal buildings and accessory structures, parking, driveways, and walkways. Lot, Flag Any lot that does not meet the minimum street frontage requirements and that continues the narrow width from the frontage for some distance and becomes wider and takes shape as a rectangle or similar shape of which said lot resembles a hanging flag from a flag pole. Quarters for Relatives A second dwelling unit, located within and subordinate to an accessory structure, for use as a complete, independent living facility with provision within said dwelling unit for cooking, eating, sanitation, and sleeping. Such a dwelling is an accessory use to the main dwelling on the lot. Setback Line A line established by the Unified Development Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than an accessory structure exempted in Article 9, may be located above ground, except as may be provided in said development ordinance. See also Yard and Building Setback Line (Front). Structure, Accessory A structure that is located on the same parcel of property as the principal building and the use of which is incidental and subordinate to the use of the principal building. Accessory structures should be designed to have a minimal impact on adjoining properties and may not be used for human habitation. Examples of accessory structures include, but are not limited to, detached garages, carports, storage shed, pole barns, hay sheds, and lean-tos. For the purposes of 2
floodplain regulation, accessory structures shall have a floor area of 400 square feet or less. Yard, Front A yard across the full width of the lot extending from the front property line to the front setback line. On corner lots and through lots, there shall be two (2) or more front yards as determined by road frontages. Deleting the following definitions: Accessory Structure or Building A structure or building that is located on the same parcel as the principal structure and the use of which is incidental and subordinate to the use of the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation and be designed to have minimal impact on adjoining properties. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, hay sheds, and lean-tos. For the purpose of floodplain regulation, accessory structures shall have a floor area of 400 square feet or less. Building, Accessory See Accessory Building. Principal Building The building in which the primary use of the lot is conducted. Adding the following new definitions: Downtown Mixed-Use Residential Any single-family, two-family, or multifamily dwelling unit(s) located above a non-residential use in the same building. Patio An open landing that adjoins a dwelling, is often paved, and is adapted to outdoor uses. Porch A structure attached to a building that has a roof and that may or may not have walls. SECTION 2. That Article 8 Zoning Districts is hereby amended to reflect the following: Amend Part B. Residential Districts, Table 8.B. Summary of Residential Bulk Requirements to reflect the following: 3
Table 8.B. Summary of Residential Bulk Requirements Requirements Single Family Two Family Multi Family District in Which Use is Permitted SR, R1, R2, R3, R4, R5***, LB, DT R4, LB, DT R5, DT Minimum Lot Area per Dwelling Unit in Districts Indicated (* - indicates the standard for lots served by sanitary sewers) Minimum Lot Width in the Districts indicated, measured at the front building setback line (Lots located on a cul-de-sac/ cul-deloop shall maintain a minimum street frontage of 45-feet) Maximum Building Height Minimum Front Yard Setback (Developed Area) Minimum Front Yard Setback (New Developing Areas) Minimum Side Yard Setback Minimum Rear Yard Setback Floor Area Ratio shall not exceed: Minimum Floor Area (per dwelling unit) Maximum Lot Coverage (Excludes Special Landscape District) SR........ See Article 8.B.1.F. R1**...... 3 acres (*30,000 sq. ft.) R2........ 1 acre (* 15,000 sq. ft.) R3........ 8,000 sq. ft. R4........ 6,000 sq. ft. R5........ 6,000 sq. ft. LB........ 6,000 sq. ft. DT........ 8,000 sq. ft. SR........ See Article 8.B.1.F R1........ 200 ft. R2........ 110 ft. R3........ 70 ft. R4........ 60 ft. R5........ 50 ft. LB........ 50 ft. 35 ft. for all zoning districts The average of the setbacks of the nearest existing {principal} building on either side of the proposed building. 4,000 sq. ft./unit R4..... 60 ft. LB..... 50 ft. R4..... 35 ft. LB..... 35 ft. Local and collector streets 30 ft. Arterial streets 40 ft. 3,000 sq. ft./unit R5..... 150 ft. R5..... 45 ft. DT..... 50 ft. 45 ft. {Minimum of twenty percent (20%) of lot width in total side yards and a minimum setback on either side of the structure as follows: SR... 10 ft. R1... 10 ft. R2... 8 ft. R3... 6 ft. R4... 5 ft. R5... 5 ft. LB... 5 ft. Principal Building..... 20 ft. Accessory Structure..... 5 ft. SR 20% R1 30% R2 35% R3 35% R4 40% R5 45% LB 45% R4 50% LB 50% R5 60% SR... 2,500 sq. ft. R1... 2,400 sq. ft. R2... 1,800 sq. ft. R3... 1,000 sq. ft. R4... 800 sq. ft. R5... 600 sq. ft. LB... 600 sq. ft. DT**** SR, R1, R2, R3..... 45% R4, R5, LB..... 45% R4, LB..... 55% R5..... 65% ORD. #69-11-00 (amended); ORD. #48-6-05, ORD. #23-6-10, ORD. #24-7-10, ORD. #12-2-11. ORD. #18-5-11, ORD. #29-9-11, ORD. #31-09-13 * Served by Sanitary Sewer ** See Article 14. Nonconforming Uses and Structures for Pre-dated (07-01-2011) R1 and R1/PD Subdivisions *** Permitted in areas zoned R5 as per Appendix G (Special Landscape District) **** See Article 8. Zoning Districts, Part C. Commercial Districts, Section 3. Downtown (DT) 1 Individual Manufactured Homes located on scattered sites shall adhere to the bulk requirements for the zoning district in which located and Article 9. General Regulations, Part E. Manufactured Home, Individual. 4
Amend Part C. Commercial Districts, Section 3. Downtown (DT) to reflect the following: A. Purpose The Downtown District is established to encourage those uses in the town core, which will serve to stimulate and enhance its unique character as a county seat and historic asset. The district is further intended to modify certain general development standards that are inappropriate in the Downtown. B. Permitted Uses A complete listing of permitted uses is provided in Appendix C, Use Matrix. Certain permitted uses have special restrictions listed in Section 3.C, below. C. Uses Permitted with Restrictions The following uses are permitted in this district provided that they meet the restrictions below. Dwelling Units 1. Dwelling units may be located on the ground floor of the building provided the residential unit does not exceed 40% of the ground floor area of the building and is not located as the store front of the building; maintains a separate primary entrance to the dwelling unit that is not through the first floor principal commercial use tenant space. This does not apply to homes in which the entire building is maintained as a Single Family residence. 2. Dwelling units located above the first floor of a non-residential use shall have a separate primary entrance to the street and not through the first floor principal use. Fire escapes, back stairways, and the like shall not serve as primary access. 3. Downtown Mixed Use Residential A. As defined, this includes any single-family, two-family, or multi-family dwelling units located above a non-residential use in the same building. B. This use category is limited by similar bulk standards as other residential uses which are further delineated in Part E. of this Section. D. Conditional Uses Conditional uses are permitted when authorized by the Board of Zoning Appeals after a public hearing subject to Article 4, Part C of this Development Ordinance. The conditional uses that may be approved are listed in Appendix C, Use Matrix. Certain conditional uses have special restrictions, which are listed below. Automotive Fuel Stations 5
a. Minimum Size. Automotive Fuel Stations shall be restricted to small dealerships not to exceed one (1) acre in lot size. b. Size and Coverage. The maximum building size and the maximum lot coverage shall be determined when approved by the Board of Zone Appeals based on: 1) the scale and character of adjacent uses, and 2) the impact on the function of the adjacent street. B. Bulk Requirements The bulk requirements that apply to all Commercial Districts are listed within Table 8.C, Commercial Bulk Requirements. In addition to these standards any Downtown Mixed Use Residential use within the DT District shall follow the Minimum Lot Area per Dwelling Unit standards of Table 8.B, Residential Bulk Requirements. The Minimum Floor Area per dwelling unit for Downtown Mixed Use Residential uses in the DT District shall include: one (1) unit with a Minimum Floor area of 1,000SF (excluding entire buildings maintained as a Single Family residence), two (2) units with a Minimum Floor Area of 800SF, and three (3) or more with a Minimum Floor Area of 600SF. C. Exceptions from General Requirements 1. In the interest of preserving the Downtown and pursuant to Ordinance Number 45-11-92, the Downtown District shall be exempt from the requirements of Article 10, Part C, Off-Street Parking and from the payment of certain sewer availability fees as set forth below. 2. In consideration for the waiver of sewer availability charges, connection fees and parking lot requirements, the applicant for an Improvement Location Permit within the Downtown District will pay fifteen percent (15%) of the savings from the sewer availability charges and connection fee, which would have been due, under ordinary circumstances, to a streetscape enhancement and parking lot maintenance fund administered by the Director of Planning and Development for the continued improvement and maintenance of the Downtown. Under no circumstances shall more than ten (10) EDUs of sewage capacity per day be entitled to the exemption established herein for any proposed use that would otherwise qualify for an exemption. 3. Applicants for an Improvement Location Permit for uses in the DT District will submit proposed signage for Site Plan Review, subject to the provisions of Article 4, Part B, in order to ensure compatibility and consistency with the ongoing City efforts to revitalize the Downtown. 6
D. Outside Storage and Display 0. Outside storage and outside display of vending machines is prohibited. Amend Part G. Flood Hazard (FH) District, Section 11. Development Standards, O. to reflect the following: 9. Where the interior height of the enclosure exceeds 6 feet, the property owner shall execute and record with the structure s deed a nonconversion agreement declaring that the area below the lowest floor or the detached accessory structure shall not be improved, finished, or otherwise converted to a living space and the City will have the right to inspect the enclosed area. The non-conversion agreement shall be recorded in the office of the Hamilton County Recorder, and a copy of the recorded document shall be presented to the floodplain administrator prior to the issuance of a certificate of occupancy. Amend Part H. Special Districts, Section 3. Planned Development Overlay District, G. Procedure, 2. Preliminary Development Plan, g. Recording of Preliminary Development Plan Approval to reflect the following: g. Upon approval of the Preliminary Development Plan by the Common Council, the conditions, modifications, density premiums and exceptions, if any, shall be indicated on the plan shown in the application. It is the applicant s financial responsibility to pay for the formal recording of this document and return proof of recording to the Planning Department. The plan shall be kept on file in the office of the Director of Planning and Development and no permits shall be issued for the subject development until proof of recording is submitted. SECTION 3. That Article 9 General Regulations is hereby amended to reflect the following: Amend Part B. Accessory Uses and Structures, Section 2. General Requirements, C. to reflect the following: C. Where permitted detached accessory structure s size, height, and setback are based on the following standards: 1. In the case where the property is one (1) acre or less in size: 7
a. The combined square footage of all accessory structures shall be limited to fifty percent (50%) of the square footage of the principal building or one thousand (1,000) square feet, whichever is less. 2. In the case where the property is larger than one (1) acre but less than five (5) acres in size, and where an individual seeks to exceed the bulk requirements of Subsection 1 above, a structure may be permitted subject to the following requirements: a. The combined square footage of the principal building or two thousand (2,000) square feet, whichever is less. b. The height of the structure shall be limited to seventeen (17) feet. c. The minimum setbacks required shall be those of the underlying zoning classification except for the side yards and rear yards, which shall be required to maintain a twenty (20) foot minimum setback. 3. In the case where a property is equal to or larger than five (5) acres, and where an individual seeks to exceed the bulk requirements of Subsections 1 or 2 above, a structure may be permitted subject to the following requirements. a. The combined square footage of all accessory structures shall not exceed the square footage of the principal building or four thousand (4,000) square feet whichever is less. b. The height of the structure shall be limited to twenty (20) feet. c. The minimum setbacks required shall be those of the underlying zoning classification except for the side yards and rear yards, which shall be required to maintain a forty (40) foot minimum setback. Amend Part B. Accessory Uses and Structures, Section 3. Accessory Structures Exempt from Building Permit and/or Setback Requirements to reflect the following: Accessory structures such as essential services, sidewalks, driveways, curbs, drainage installations, boathouses, sea walls, retaining walls, mail boxes, nameplates, lamp posts, bird baths, {decks less than 18 inches from grade}, ORD. #12-4-97 and structures of a like nature are permitted in any required front, side, or rear yard and without the issuance of any permit. However, such uses shall be subject to all other regulations for accessory structures found in Section 2 above. Fences and unenclosed handicapped ramps attached to a structure require a building permit but are exempt from front, side, and rear yard setback requirements. 8
Amend Part B. Accessory Uses and Structures, Section 4. Accessory Uses Permitted; Regulations Specific to Particular Uses. E. to reflect the following: E. Fences, walls, and hedges, subject to the following: 1. They shall not obstruct visibility pursuant to Article 9, Part A, Section 8 Vision Corner Clearance. 2. They may be permitted in any required yard or along the edge of any yard, providing that driveway entrances are not shielded by a fence, wall, or hedges in such a way as to obstruct the view of a driver entering a road from the driveway. 3. Open or Solid fences, latticework, screens, or walls not more than seven (7) feet in height may be located in the required side or rear yard, and a fence maintained not to exceed four (4) feet in height may be located in any front yard as defined in Article 2 Definitions. 4. A site plan including the location of the fence and the setbacks from the property lines shall be submitted with the fence application. No fences shall be installed until a permit is obtained. 5. For the purposes of any fence, wall, and hedge regulations, any common property held by the homeowner s association for landscaping or other purposes, that abuts a street and is adjacent to and separate from the lot, extending fifteen (15) feet or less shall be considered a front yard, thereby permitting a fence at a maximum height of four (4) feet. This only applies to corner lots and through lots as defined in Article 2- Definitions. 6. For the purposes of any fence, wall, and hedge regulations, any yard that abuts a street to which access is prohibited shall be treated as either a side or rear yard thereby permitting a fence at a maximum height of seven (7) feet except as otherwise noted above. following: Amend Part C. Home Occupations, Section 2. General Requirements, F. to reflect the E. Such home occupations shall be conducted entirely within the principal building. An accessory structure may be utilized on a property of five (5) acres or more in area. In 9
cases where accessory structures are permitted to be used, no more than six hundred (600) square feet of twenty-five percent (25%) of the total square footage of all structures on the property, whichever is less, shall be used to conduct the home occupation. SECTION 4. That Article 10 Off-Street Parking and Loading is hereby amended to reflect the following: Amend Section 4. Design and Improvement Standards for Parking Lots, Part D. Improvement Standards for Parking Lots to reflect the following: D. Improvement Standards for Parking Lots 1. Paving Required Parking and driveway areas shall be paved with asphalt or constructed of concrete or permeable pavement and be curbed with rigid or roll-type curb as per the Noblesville Standards. As an alternative to continuous curb, wheel stops or strategic breaks in the barrier curb shall be provided in order to allow for drainage into LID Stormwater BMP s. 2. Drainage of Runoff Such parking areas shall be graded and properly drained in such a manner that there will be no free flow of water onto either adjacent property or public sidewalks. Any runoff generated by such improved areas shall be disposed of in appropriate drainage facilities as per the Noblesville Standards and the Stormwater Technical Standards. 3. Marking of Parking Such parking areas shall be so lined or designated as to ensure the most efficient use of the parking spaces and provided with bumper guards or wheel guards so located that no part of the parked vehicle will extend beyond the boundary of the established parking area into any minimum required yard on onto adjoining property. 4. Parking Lot Lighting A minimum of one (1) foot-candle of illumination shall be provided throughout the parking lot. Illumination of off-street parking areas shall 10
utilize fully-shielded lighting fixtures so as not to reflect direct rays of light onto adjacent properties or streets, and prevent excessive uplighting pursuant to Article 13 Environmental Performance Standards. SECTION 5. That Article 11 Signs is hereby amended to reflect the following: Amend Part C, Section 2. Temporary Signs to reflect the following: 11. Signs for Community Events a. Permit Required: YES b. Temporary signs may be displayed for community events. Such signs shall not exceed thirty-two (32) square feet in total size or forty-eight (48) inches in height and may not be displayed more than thirty (30) days prior to said event. Such signs may be located off-premise from the event location. SECTION 6. 6 That Article 12 Landscaping and Screening is hereby amended to reflect the following: Amend Section 8. Screening, Part B. Applicability to reflect the following: 1. Trash Receptacle Enclosures All trash receptacles shall be completely screened by a wall on three sides matching the materials, colors, and architecture of the principal building located on the parcel. The fourth side shall consist of a metal gate or other similar materials completely hiding the trash receptacle. The enclosure must measure a minimum of six (6) feet in height or two (2) feet above the height of the trash receptacle, whichever is greater. Trash receptacle enclosures shall not be located in front of any building, adjacent to a collector, arterial, or expressway, or adjacent to any residential use. SECTION 7. That Appendix C. Official Schedule of Uses, Residential Uses is hereby amended to reflect the following: 11
RESIDENTIAL DISTRICTS COMMERCIAL DISTRICTS INDUSTRIAL DISTRICTS TYPE OF USE SR R-1 R-2 R-3 R-4 R-5 RMH LB GB DT PB I-1 I-2 I-3 FH Residential Uses *Permitted in Area indicated in Appendix G Dwelling, Single-Family Detached P P P P P P* P P Dwelling, Two-Family P P Dwelling, Multi-Family of 3 or more dwelling units P Downtown Mixed-Use Residential P P Accessory Dwelling Unit A A A A A Bed & Breakfast Establishment C C C C C C C C C Board or Lodging House C C C C C Home Occupation A A A A A A A Manufactured Homes, Individual P P P P P P P Mobile Home Parks/Subdivisions P Nursing/Retirement/Convalescent Facility C C P Residential Care Homes P P P P P P Temporary Shelters C C C C C C Townhouse C P P P C SECTION 8. This Ordinance shall be in full force and effect from and upon its adoption and publication in accordance with the law. All prior ordinances or parts thereof in conflict therewith are repealed and deemed to conform to the provisions of these amendments. 12
SECTION 9. Upon motion duly made and seconded, this Ordinance was fully passed by the members of the Common Council this day of, 2015. COMMON COUNCIL AYE NAY Brian Ayer Mark Boice Roy Johnson Gregory P. O Connor Rick Taylor Stephen C. Wood Jeff Zeckel Approved and signed by the Mayor of the City of Noblesville, Hamilton County, Indiana, this day of, 2015. ATTEST: John Ditslear, Mayor City of Noblesville, Indiana Janet S. Jaros, Clerk Treasurer 13