Carmel City Zoning Code

1. Applicability: The Board of Zoning Appeals may hear, review and determine appeals taken from any order, requirements, decision or determination made by the Director of Community Services charged with the enforce- ment of the Unified Development Ordinance of the City of Carmel. All appeals shall be filed with the Director of Community Services within thirty (30) days of the action to be appealed. An appeal shall also be filed where the Board of Zoning Appeals is required to determine a zoning district boundary or the existence of a nonconforming use.
2. Appeal Procedure:
   1. Consultation with the Director of Community Services and Application: Appellants shall meet with the Director of Community Services in order to examine the nature of the proposed appeal, review the regulatory ordinances and materials, and review the appeal procedures. The Director of Community Services shall aid the appellant in preparing his application and supporting documents as necessary. The appellant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials.
   2. Initial Review by the Director of Community Services and Submission to the Board of Zoning Appeals: Following the receipt of the written appeal application and necessary supporting documents and materials by the Director of Community Services, he shall then review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Board of Zoning Appeals. If the materials submitted by the appellant are not complete, or do not comply with the necessary legal requirements, the Director of Community Services shall inform the appellant of the deficiencies in his materials. Unless and until the Director of Community Services formally accepts the appeal application as complete and in legal compliance it shall not be considered as formally filed for the purpose of proceeding to the succeeding steps toward Board of Zoning Appeals consideration of the appeal as hereinafter set forth. The application is formally filed when it is placed upon the Board of Zoning Appeals agenda by the Director of Community Services according to the Board of Zoning Appeal’s Rules of Procedure.
   3. Public Hearing by the Board of Zoning Appeals: Once the Director of Community Services has accepted and filed the appeal application with the Board of Zoning Appeals, he shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Board of Zoning Appeals. The appellant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The appellant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board of Zoning Appeals. The conduct of the public hearing shall be in accordance with the Board of Zoning Appeal’s Rules of Procedures.
   4. Approval or Denial of the Appeal by the Board of Zoning Appeals: Following the public hearing on the appeal, the Board of Zoning Appeals shall approve or deny the appeal. In exercising its powers, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determina- tion appealed as in its opinion ought to be done on the premises, and to that end shall have all the powers of the officer or Board of Zoning Appeals from whom the appeal is taken. Upon reaching a decision on the appeal request, the Board of Zoning Appeals shall enter into its records the reasons for its decision and shall provide the appellant with a copy of said reasons, if requested. The Board of Zoning Appeals shall inform the Director of Community Services and the appellant of its decision, including all conditions contained as a part thereof. All further actions taken by the appellant or the Director of Community Services concerning the item that was appealed, including the issuance of Improvement Location Permits, shall be subject to said ruling of the Board of Zoning Appeals.
3. Stay of Work: When an appeal from the Director of Community Services or any official or Board of Zoning Appeals has been filed with the Board of Zoning Appeals, all proceedings and work on the premises upon which the appeal has been filed shall be stayed unless the official or Board of Zoning Appeals from whom the appeal was taken shall certify to the Board of Zoning Appeals that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Board of Zoning Appeals or by a court of competent jurisdiction, on notice to the official or Board of Zoning Appeals from whom the appeal is taken and the owner or proprietor of the premises affected and on due cause shown. After the owner, his agent and/or a person or corporation in charge of the work on the premises affected has received notice, the Director of Community Services shall have full power to order such work discontinued or stayed and to call upon the police power of the city or county to give full force and effect to the order.

The following procedure applies to Certificates of Occupancy:

1. Certificate Requirements: It shall be unlawful and in violation of the Unified Development Ordinance for any builder or property owner to allow any new or significantly remodeled (as determined by the Building Safety Official or Planning Administrator) structure to become occupied or utilized prior to:
   1. Legally obtaining an Improvement Location Permit;
   2. Completing all required inspections, including the final inspection; and
   3. Receiving a Certificate of Occupancy from the Building Safety Official.
2. Change in Occupancy: It shall be unlawful and in violation of this Ordinance for a builder or property owner to allow a change of tenant or change of use of a Commercial Building or Tenant Space without first:
   1. Receiving a determination from the Indiana Department of Homeland Security.
   2. Obtaining the applicable Improvement Location Permit.
   3. Completing any required inspections, including the final inspection; and
   4. Receiving a Certificate of Occupancy from the Building Safety Official.
3. Inspections: The Director shall initiate a construction inspection program to ensure the health, safety and welfare of residents and the public, including the following:
   1. For Class 2 Structures¹, as defined under IC 22-12-1-5, applicants for improvement location permits or certificates of occupancy may, at their own expense, use a private provider, as defined in 36-7-2-9.1(d)(3) and subject to the exceptions in IC 36-7-2.5-9², to perform inspections required by the construction inspection program.
   2. After the issuance of a building permit, the Building Safety Official shall make, or shall cause to be made, inspections of the work as are necessary to assess progress and ensure compliance with the provisions of this article, with Carmel City Code Chapter 7 and the terms of the permit.
   3. Reinspection of work found to be incomplete or non-compliant are subject to assessment of late fees or reinspection fees as prescribed in Section 1.29: Filing Fees, as amended.
   4. Upon completion of the work approved through an Improvement Location Permit, the permit holder shall contact the Building Safety Official and schedule a final inspection to verify the installation of improvements consistent with the requirements of the Carmel City Code Chapter 7 and the Unified Development Ordinance. The City Engineer, Fire Official, any other municipal official, and any other person requested by the Building Safety Official may also take part in the inspection.
4. Certificate Issuance: The Building Safety Official shall issue the Certificate of Occupancy if the improvements comply with all applicable requirements of the City of Carmel, including the Unified Development Ordinance and all applicable building codes as verified by the Building Safety Official. A conditional or temporary Certificate of Occupancy may be issued at the discretion of the Director.

¹ Typically including single-family homes, townhomes, outbuildings or pools that are not used for commercial purposes.

² Private providers may not be an employee of, affiliated with, or financially interested in the person, firm, or corporation engaged in the project to be reviewed or inspected and cannot be an employee of the City.

1. Purpose and Intent: Development Plan (DP) and/or Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) approval by the Plan Commission shall be necessary prior to the establishment of any Use or Building, so cited by the district regulations herein, or the issuance of an Improvement Location Permit for said Use or Building. Development Plan and/or Architectural Design, Exterior Lighting, Landscaping and Signage applications shall generally be considered favorably by the Plan Commission.
2. Development Plan:
   1. Development Requirements: The Plan Commission shall review a Development Plan application to determine if the Development Plan satisfies the development requirements specified herein, in the applicable zoning district, and any applicable Overlay district. The Plan Commission’s review shall include but not be limited to the following items:
      1. Compatibility of the development with surrounding land uses
         1. Consistency with the policies for the district as set forth in the Comprehensive Plan;
         2. Surrounding zoning and existing land uses;
         3. Compatibility with existing platted residential uses;
         4. Compatibility of proposed project with existing development within the district; and

         5. Potential environmental impacts of the develoment, including stormwater management, tree preservation, air, noise, and light pollution.

      2. Availability and coordination of:
         1. Water supply, considering available capacity and potential impacts;
         2. Sanitary sewer systems, considering available capacity and potential impacts;
         3. Stormwater management, including on-site and off-site surface and subsurface drainage, supported by appropriate engineering calculations;
         4. Erosion and sediment control measures during construction and post-construction;
         5. Protection of wetlands, streams, and other water resources, including any necessary permits and mitigation measures; and
         6. Other on-site and off-site utilities.
      3. Traffic management that promotes health, safety, convenience, and harmonious community development, ensuring that:
         1. The design and location of proposed street and highway access points minimize safety hazards and congestion;
         2. The capacity of adjacent streets and highways is sufficient to safely and efficiently accommodate traffic generated by the new development; and
         3. The proposed entrances, streets, and internal traffic circulation facilities are compatible with existing and planned streets and adjacent developments, including stub street continuation;
         4. Implementation of traffic calming measures, as appropriate, to control speed and enhance pedestrian safety;
         5. Mitigation of potential negative impacts of increased traffic on adjacent residential neighborhoods;
         6. Integration of the development's street network with the surrounding community to promote connectivity and efficient traffic flow;
         7. A traffic management plan for the construction phase, addressing potential impacts on traffic flow and neighborhood access; and
         8. Analysis of the need for traffic signals or other traffic regulation devices improvements or new signals, or other traffic regulation devices to accommodate the development's traffic.
      4. Building setback lines.
      5. Building coverage.
      6. Building separation.
      7. Vehicle circulation.
         1. Consistency with the policies for the district as set forth in the Thoroughfare Plan;
         2. Dedication of streets, sidewalks, and rights-of-way, and/or reservation of land for future development of streets and rights-of-way. In developments that adjoin or include existing streets that do not conform to the minimum right-of-way dimensions as established by the Thoroughfare Plan, the property owner of the proposed development shall dedicate additional width along either one or both sides or such streets of inadequate width so as to bring them up to standards, provided the area to be used for widening is owned by the property owner or under its control;
         3. Location and character of streets;
         4. Driveway and curb cut locations in relation to other sites;
         5. Location and character of curbs and gutters;
         6. Location and character of vehicle parking facilities;
         7. Vehicular internal site circulation;
      8. Pedestrian and bicycle circulation.
         1. Consistency with the policies for the district as set forth in the Thoroughfare Plan;
         2. Location and character of sidewalks, pedestrian trails, and bicycle paths;
         3. Access to public sidewalks and multi-use paths;
         4. General pedestrian and bicycle traffic;
         5. Adequate location and character of bicycle parking and storage facilities; and
         6. Pedestrian and bicycle circulation within the development site.
      9. Height, scale, and materials of improvements.
      10. Recreational and greenspace amenities.
      11. Existing site features, including topography, wetlands, and wooded areas.
      12. Special and general easements for public or private use.
      13. Protective restrictions, covenants, best management practices, preservation easements, and/or other legal instruments.
   2. Plan Documentation and Supporting Information: Applicant shall submit the following documents and supporting information to be reviewed by Plan Commission:
      1. Plan documents depicting the location and describing the character of the following:
         1. Existing and proposed principal buildings and accessory buildings.
            1. Exterior Elevations, Renderings, Etc: Exterior elevations, renderings depicting the exterior materials to be used, and a list of exterior materials relating to all buildings and other structures proposed in the area subject to Development Plan approval, together with Architectural Design, Exterior Lighting, Landscaping and Signage Plans, shall be submitted to the Plan Commission in order to better define the parameters and intent of the proposed development. The architectural design should reflect a unified design which is in character and proper relationship with the surrounding area. Unless required by the Plan Commission, this Section shall not apply to detached, single-family residences.
            2. Site Plan:
               1. Location of special and general easements and other legal instruments for public or private use;
               2. Building setback lines;
               3. Building coverage and dimensions;
               4. Building separation.
         2. New utilities, including, but not limited to, water lines, gas lines, electric lines, and other necessary facilities or equipment.
         3. Description of existing features on the site, such as topography, vegetation, existing structures, utilities, and easements.
      2. The description of the nature and types of uses in the development.
      3. The traffic management plan, including a traffic management plan during construction, describing condition and size of public thoroughfares and parking, vehicle, and pedestrian facilities. At a minimum, a traffic management plan shall outline how traffic generated by the development will be safely and efficiently managed during both the construction and post-construction phase. Traffic management plan shall seek to minimize traffic congestion, ensure pedestrian and cyclist safety, maintain access for emergency vehicles, and mitigate impacts on the existing transportation network.
         1. Traffic Study: A traffic study to include a comparative analysis of present volumes on streets bordering the development or with a direct bearing on the development versus potential capacity volumes of those streets. Consideration should be made of the effect of the proposed development and the traffic it would engender, particularly at peak periods. A Circulation Plan should be included for all existing and proposed streets, both public and private, which will show recommendations for controlling, signalizing, channelizing, parking, storing and warning both pedestrian and vehicular traffic.
      4. The location and capacity of drainage and storm water facilities and sewer systems serving the development.
         1. Drainage Plan: Detailed drawings and Construction Plans for all elements of the storm water drainage system, including curbs and gutters, storm sewers, open drainage waterways, drain tiles, culverts, retention reservoirs, best management practices and preservation easements, and other necessary appurtenances, shall be included. Among the necessary items of information are locations, grades, sizes, capacity and typical cross-sections of the Drainage Plan elements. A report shall be included concerning:
            1. Legal drains located in the development or relating to the development,
            2. The flooding potential of the development,
            3. The design of the storm water system to deal with such flooding potential, and
            4. The expected impact of the development’s storm water runoff on any receiving stream or downstream property.
            5. Where flood plains are involved, a statement from the Indiana Natural Resources Commission to the extent it has jurisdiction shall be required with respect to location of floodways and flood plains.
      5. Metes and Bounds Description: An accurate metes and bounds description of the boundary of the tract that is subject to Final Development Plan approval.
      6. Covenants, Conditions and Restrictions: A list of the covenants, conditions, and restrictions, if any, which will run with the land and affect the use of the property within the area subject to Final Development Plan approval. The approved covenants shall be recorded with the Recorder of Hamilton County, Indiana.
      7. Erosion and Sediment Control Plan: A statement and plan setting forth the method of controlling erosion and sedimentation before, during and following development and construction, e.g., temporary Seeding, sediment detention basins, erosion prevention devices and other similar means, that meet the Hamilton County Soil and Water Conservation District guidelines for urban development.
      8. Lighting Plan: Specifics are required concerning the easements, locations, size, height, type, intensity and illuminance of proposed street and outdoor lighting.
      9. Service Reports: Service reports or statements, as necessary, may include but not be limited to the follow- ing sources:
         1. City, County or State highway departments;
         2. Indiana Natural Resources Commission;
         3. Carmel Board of Public Works and Safety;
         4. Staff and City Departments as assigned.
      10. Other Construction Plans: Other specific Construction Plans as identified by the Director of Community Services or required by State laws, rules, and regulations shall be submitted as necessary detailing information on, but not limited to, streets, lighting, sanitary sewer system, storm water drainage system, curbs and gutters, sidewalks and the related appurtenances. The required information shall include locations, grades, sizes, capacities, typical cross-sections and so forth. These plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed to do business in the State of Indiana in accordance with State laws, rules, and regulations.
      11. Construction Timetable: A construction timetable or schedule shall include the approximate timing of completion and/or occupancy of the improvements proposed in the area subject to Development Plan approval.
      12. Deeds of Dedication: Certification of dedication of streets, rights-of-way and other public property to the proper authorities, except so much thereof as are intended to remain private.
      13. Certificate of Plan Commission Approval: Certificate of Approval by the Plan Commission shall be on each sheet of the Development Plan.
3. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
   1. Development Requirements: The Plan Commission shall review an Architectural Design, Exterior Lighting, Landscaping and Signage application to determine if the Architectural Design, Exterior Lighting, Landscaping and/or Signage satisfy the development requirements specified herein, in the applicable zoning district, any applicable Overlay district, and Comprehensive Plan. The Plan Commission’s review shall include but not be limited to the following items:
      1. Site landscaping and screening.
      2. Architectural design and style of improvements.
      3. Project signage.
      4. Style and design of exterior lighting.
      5. Existing site features and topography.
      6. Special and general easements for public or private use.
      7. Protective restrictions and/or covenants.

   2. Plan Documentation and Supporting Information: Applicant shall submit the following documents and supporting information to be reviewed by Plan Commission:

      1. Plan documents depicting the location and describing the character of the following:
         1. Existing and proposed principal buildings and accessory buildings.
            1. Exterior elevations, renderings depicting the exterior materials to be used, and a list of exterior materials relating to all buildings and other structures proposed in the area subject to Architectural Design, Exterior Lighting, Landscaping and Signage to better define the intent and character of the proposed development. The architectural design should reflect a unified design which is in character and proper relationship with the surrounding area. Unless required by the Plan Commission, this Section shall not apply to detached, single-family residences.
            2. Site Plan
               1. Building setback lines;
               2. Building coverage;
               3. Building separation.
         2. Signage.
            1. Sign Plan: All exterior signage proposed to be located in the development, subject to approval and obtaining of a Sign Permit prior to erection under the requirements of the City's signage requirements pursuant to Section 5.39: Sign Standards and any applicable overlay district additional signage regulations, shall be shown and conformance or nonconformance with said Ordinance shall be so noted.
         3. Landscaping.
            1. Landscape Plan: A detailed plan of the existing and proposed landscaping showing location, kind and caliper measurement size of trees, shrubbery and screening materials, as appropriate and required by the Plan Commission.
         4. Exterior Lighting.
            1. Lighting Plan: Specifics are required concerning the easements, locations, size, height, type, style, design, intensity and illuminance of proposed street and outdoor lighting.
      2. Covenants, Conditions and Restrictions: A list of the covenants, conditions, and restrictions, if any, which will run with the land and affect the use of the property within the area subject to ADLS approval. The approved covenants shall be recorded with the Recorder of Hamilton County, Indiana.
      3. Other Documents and Information: Any other supporting documentation and information required by the Director of Community Services and/or Plan Commission necessary for ADLS approval.
4. Procedures for Submission and Review: The procedures described in this section shall apply to all Primary Zoning Districts and Overlay Districts which require Development Plan or ADLS approvals except for the C1 and C2 Districts. See Section 9.03(E) Procedures for Submission and Review for C1 and C2 Districts for the applicable procedures.
   1. Development Plan
      1. Pre-Application Consultation with the Director of Community Services: Applicants shall meet with the Director of Community Services to review the zoning classification of their site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Director of Community Services shall aid and advise the applicant in preparing his application and supporting documents as necessary.
      2. Application: All below submittals shall be done online on the City's website.
         1. Director: The applicant shall submit to the Director of Community Services:
            1. A Development Plan application form;
            2. The Existing Features and Site Analysis Plan;
            3. The Development Plan;
            4. All necessary supporting documents and materials as outlined in this section.
         2. Initial Review of the Application and Supporting Documents and Materials
            1. Director: Following the receipt of the application, Development Plan, and necessary supporting documents and/or materials, the Director of Community Services shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations.
            2. Technical Review: Following the receipt of the application, Development Plan, and necessary supporting documents and/or materials (collectively "Development Plans"), the Director of Community Services shall cause Development Plans to be distributed to and receive feedback from City departments and related entities regarding compliance with the development requirements of this chapter and applicable federal, state, and local laws, rules, and regulations. Director of Community Services shall promptly notify the applicant if any additional information is required for Technical Review. Unless required additional information necessitates further reveiw and commuication with the applicant, the City's Technical Review shall be complete within thirty (30) days of the submittal of the complete application ("Technical Review Deadline"). The Technical Review Deadline excludes required submittals to and reviews by entities outside the City's control such as pubic utilities, federal agencies, and state/county boards and commissions.
         3. Submittal to the Plan Commission
            1. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director of Community Services shall inform the applicant of the deficiencies in said materials. Unless and until the Director of Community Services formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth.
            2. If the materials submitted by the applicant are determined to be complete and in compliance, the Director of Community Services shall forward the materials to the Plan Commission. Within thirty (30) days of the acceptance of the Development Plan application, the Director of Community Services shall file the application by:
               1. Assigning a docket number;
               2. Setting a date and time for a public hearing; and
               3. Placing it upon the agenda of the Plan Commission according to the Plan Commission’s Rules of Procedure.
            3. The applicant shall submit the Development Plans to the Plan Commission secretary to be distributed to the Plan Commission members.
      3. Fees: See Section 1.29: Filing Fees.
      4. Public Notice: The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Plan Commission's Rules of Procedure and applicable State statutes.
      5. Public Hearing by the Plan Commission: The conduct of the public hearing shall be in accordance with the Plan Commission’s Rules of Procedure and applicable State statutes.
      6. Review: The Plan Commission shall review a Development Plan to determine if the Development Plan:
         1. Is consistent with the Comprehensive Plan; and
         2. Satisfies the development requirements specified in this Ordinance.
      7. Approval.
         1. In determining whether approval shall be granted, the Plan Commission shall consider generally if the Development Plan complies with the development requirements of Section 9.03(B)(1).
         2. In determining whether approval shall be granted, the Plan Commission may:
            1. Impose conditions on the approval of a Development Plan if the conditions are reasonably necessary to satisfy the development requirements specified in this Ordinance.
            2. Provide that approval of a Development Plan is conditioned on the furnishing to the Plan Commission of a bond or written assurance that:
               1. Guarantees the timely completion of a proposed public improvement in the proposed development; and
               2. Is satisfactory to the Plan Commission.
            3. Permit or require the owner of real property to make recorded commitments that are reasonably necessary to satisfy the development requirements specified in this Ordinance.
         3. Time Limit: An approved Development Plan shall be valid for three (3) years from the date of approval. Upon written application to the Director of Community Services before the expiration of said approval, and upon good cause shown, the Director of Community Services may issue a single extension of the approval for a period not to exceed six (6) months.
         4. If the Development Plan is substantially or materially altered resubmission to the Plan Commission is required. Director of Community Services is authorized to approve minor alterations in the Development Plan without seeking Plan Commission approval. Minor Alterations refer to changes or modifications to an approved Development Plan that are considered to have a minimal impact on the overall intent, character, and functionality of the approved development. These alterations do not fundamentally alter the key aspects of the projects that were originally reviewed and approved by the Plan Commission. Further, such alterations do not involve fundamental changes to the type of use, density, intensity, or the core design concepts of the development.
         5. If a Development Plan petition is denied, the Plan Commission shall provide the applicant with a written copy of the findings-of-fact if requested by the applicant.
      8. Amendment:
         1. Requirements: See Section 9.03(B): Development Plan and Section 9.03(C): Architectural Design,
            Exterior Lighting, Landscaping and Signage (ADLS).
         2. Fees: See Section 1.29: Filing Fees.
         3. Public Notice: See Section 9.03(D)(1)(d): Public Notice.
         4. Public Hearing: See Section 9.03(D)(1)(e): Public Hearing by the Plan Commission.
         5. Review: See Section 9.03(D)(1)(f): Review.
         6. Approval: See Section 9.03(D)(1)(g): Approval.
   2. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
      1. If a development requires both Development Plan and ADLS approvals, both plans should be submitted concurrently.
      2. Pre-Application Consultation with the Director of Community Services: Applicants shall meet with the Director of Community Services to review the zoning classification of their site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Director of Community Services shall aid and advise the applicant in preparing his application and supporting documents as necessary.
      3. Application:
         1. Director: The applicant shall submit to the Director of Community Services:
            1. An application form;
            2. The Existing Features and Site Analysis Plan;
            3. The Exterior Elevations and/or Renderings;
            4. The Lighting Plan;
            5. The Landscape Plan;
            6. The Sign Plan;
            7. All necessary supporting documents and materials.
         2. Initial Review of the Application and Supporting Documents and Materials:
            1. Director: Following the receipt of the application, Plans, and necessary supporting documents and/or materials (collectively "ADLS Plans"), the Director of Community Services shall review the ADLS Plans for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations
            2. Technical Review: Following the receipt of the ADLS Plans, the Director of Community Services shall cause ADLS Plans to be distributed to and receive feedback from City departments and related entities regarding compliance with the development requirements of this chapter and applicable federal, state, and local laws, rules, and regulations. Unless required additional information necessitates further review and communication with the applicant, the City's Technical Review shall be complete within thirty (30) days of the submittal of the complete application ("Technical Review Deadline"). The Technical Review Deadline excludes required submittals to and reviews by entities outside the City's control such as public utilities, federal agencies, and state/county boards and commissions.
         3. Submittal to the Plan Commission:
            1. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director of Community Services shall inform the applicant of the deficiencies in said materials. Unless and until the Director of Community Services formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth.
            2. If the materials submitted by the applicant are determined to be complete and in compliance, the Director of Community Services shall forward the materials to the Plan Commission. Within thirty (30) days of the formal acceptance of the ADLS application, the Director of Community Services shall formally file the application by:
               1. Assigning a docket number;
               2. Setting a date and time for Plan Commission review; and
               3. Placing it upon the agenda of the Plan Commission according to the Plan Commission’s Rules of Procedure.
            3. The applicant shall submit ADLS Plans to the Plan Commission secretary to be distributed to the Plan Commission members.
      4. Fees: See Section 1.29: Filing Fees.
      5. Review: The Plan Commission shall review an ADLS to determine if the ADLS:
         1. Is consistent with the Comprehensive Plan; and
         2. Satisfies the development requirements specified in this Ordinance.
      6. Approval:
         1. In determining whether approval shall be granted, the Plan Commission shall consider generally if the ADLS:
            1. Creates and maintains a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the zoning district and with adjacent uses;
            2. Presents a cohesive and harmonious architectural design, lighting plan, sign plan, and landscaping plan that enhances the visual character of the development and complements the surrounding area, considering:
               1. Architectural style and materials, ensuring compatibility with the context of the development, the zoning and overlay district requirements, and surrounding properties;
               2. Building massing and scale, ensuring appropriate proportions and relationships to adjacent structures and the surrounding environment. This includes consideration of building height, width, and depth, as well as the articulation of building facades to break up large masses and create visual interest;
               3. The use of the proposed materials and detailing. The selection of materials and detailing that contribute to the overall aesthetic character of the development and complement the surrounding environment and uses;
               4. A comprehensive lighting plan that provides adequate illumination for safety and wayfinding while minimizing light pollution and glare;
               5. A well-integrated landscaping plan that incorporates native plants and otherwise complies with Appendix D, provides shade and screening, and enhances the overall asthetic appeal of the development;
               6. Sign plan that identifies the locations of the exterior signage and otherwise complies with the City's signage requirements pursuant to Section 5.39: Sign Standards and any applicable overlay district additional signage requirements; and
            3. Allocates adequate sites for all uses proposed, the design, character, grade, location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the zoning district, overlay district, and Comprehensive Plan.
         2. In determining whether approval shall be granted, the Plan Commission may:
            1. Impose conditions on the approval of an ADLS if the conditions are reasonably necessary to satisfy the development requirements specified in this Ordinance for approval of the ADLS.
            2. Permit or require the owner of real property to make recorded commitments that are reasonably necessary to satisfy the development requirements specified in this Ordinance.
         3. Time Limit: An approved ADLS shall be valid for three (3) years from the date of approval. Upon written application to the Director of Community Services before the expiration of said approval, and upon good cause shown, the Director of Community Services may issue a single extension of the approval for a period not to exceed six (6) months.
         4. If the ADLS is substantially or materially altered in any way, resubmission to the Plan Commission is required. The Director of Community Services is authorized to approve minor alterations without seeking Plan Commission approval.
      7. Amendment:
         1. Requirements: See Section 9.03(D)(2): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
         2. Fees: See Section 1.29: Filing Fees.
         3. Review: See Section 9.03(D)(1)(f): Review.
         4. Approval: See Section 9.03(D)(1)(g): Approval.
         5. Signage:
            1. A Sign Plan for a proposed development shall be submitted to the Plan Commission for its approval as part of the ADLS application. Signs for each proposed and existing development shall be uniform in character as to number of color choices allowed, lighting style, installation method and architectural design as approved by the Plan Commission.
            2. Should an ADLS approved Sign Plan for an existing building be replaced with a new design scheme, the amended Sign Plan must be presented to the Director of Community Services for ADLS review and approval. However, upon request by the Director of Community Services or Applicant, the amended Sign Plan may be placed on the next Plan Commission agenda for review and approval.
            3. Should an existing building without an ADLS approved Sign Plan request new signage for the building, the amended Sign Plan must be presented to the Director of Community Services for ADLS review and approval. However, upon request by the Director of Community Services or Applicant, the amended Sign Plan may be placed on the next Plan Commission agenda for review and approval.
            4. Individual signs which conform to both the Sign Ordinance and to the approved Sign Plan shall not require further ADLS approval; however, such signs shall require a sign permit.
   3. Appeals
      1. Authority: The Plan Commission may hear, review and determine appeals taken from any order, require- ments, decision or determination made by a Hearing Examiner or Committee authorized to approve the Development Plan or ADLS or any portion thereof.
      2. Filing Deadline: All appeals shall be filed with the Director of Community Services within five (5) days of the action to be appealed.
      3. Appeal Procedure:
         1. Consultation with the Director of Community Services and Application: Appellants shall meet with the Director of Community Services in order to examine the nature of the proposed appeal, review the regulatory ordinances and materials, and review the appeal procedures. The Director of Community Services shall aid the appellant in preparing his application and supporting documents as necessary. The appellant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials.
         2. Initial Review of the Application and Supporting Documents and Materials by the Director of Community Services; Submission to the Plan Commission. Following the receipt of the written appeal application and necessary supporting documents and materials by the Director of Community Services, he shall then review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Plan Commission. If the materials submitted by the appellant are not complete, or do not comply with the necessary legal requirements, the Director of Community Services shall inform the appellant of the deficiencies in his materials. Unless and until the Director of Community Services formally accepts the appeal application as complete and in legal compliance it shall not be considered as formally filed for the purpose of proceeding to the succeeding steps toward Plan Commission consideration of the appeal as hereinafter set forth. The application is formally filed when it is placed upon the Plan Commission agenda by the Director of Community Services according to the Plan Commission’s Rules of Procedure.
         3. Public Hearing by the Plan Commission: Once the Director of Community Services has accepted and filed the appeal application with the Plan Commission, he shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Plan Commission. The appellant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The appellant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Plan Commission. The conduct of the public hearing shall be in accordance with the Plan Commission’s Rules of Procedures.
         4. Approval or Denial of the Appeal by the Plan Commission: Following the public hearing on the appeal, the Plan Commission shall approve, approve with conditions, or deny the appeal. In exercising its powers, the Plan Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed as in its opinion ought to be done on the premises, and to that end shall have all the powers of the Hearing Officer or Committee from whom the appeal is taken. Upon reaching a decision on the appeal request, the Plan Commission shall enter into its records the reasons for its decision and shall provide the appellant with a copy of said reasons, if requested. The Plan Commission shall inform the Director of Community Services and the appellant of its decision, including all conditions contained as a part thereof. All further actions taken by the appellant or the Director of Community Services concerning the item that was appealed, including the issuance of Improvement Location Permits, shall be subject to said ruling of the Plan Commission.
      4. Stay of Work: When an appeal from Hearing Examiner or Committee has been filed with the Plan Commission, all proceedings and work on the premises upon which the appeal has been filed shall be stayed unless Hearing Examiner or Committee from whom the appeal was taken shall certify to the Plan Commission that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Plan Commission or by a court of competent jurisdiction, on notice to Hearing Examiner or Committee from whom the appeal is taken and the owner or proprietor of the premises affected and on due cause shown. After the owner, his agent and/or a person or corporation in charge of the work on the premises affected has received notice, the Director of Community Services shall have full power to order such work discontinued or stayed and to call upon the police power of the City or County to give full force and effect to the order.
5. Procedures for Submission and Review for C1 and C2 Districts:
   1. Development Plan and Architectural Design, Exterior Lighting, Landscaping and Signage (i.e. ADLS)
      1. Pre-Application Consultation with the Director of Community Services: Not applicable.
      2. Application:
         1. Following approval by the Carmel Redevelopment Commission, the applicant shall submit for approval to the Director of Community Services:
            1. Two (2) copies of the written application form;
            2. Two (2) copies of the Existing Features and Site Analysis Plan;
            3. Two (2) copies of the Development Plan;
            4. Two (2) copies of the Exterior Elevations and/or Renderings;
            5. Two (2) copies of the Lighting Plan;
            6. Two (2) copies of the Landscape Plan;
            7. Two (2) copies of the Signage Plan;
            8. As well as two (2) copies of all necessary supporting documents and materials.
         2. Technical Advisory Committee: Not applicable.
         3. Initial Review of the Application and Supporting Documents and Materials: Following the receipt of the written application, Development Plan, ADLS, and necessary supporting documents and/ or materials, the Director of Community Services shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations.
         4. Submittal to the Plan Commission
            1. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director of Community Services shall inform the applicant of the deficiencies in said materials. Unless and until the Director of Community Services formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth.
            2. If the materials submitted by the applicant are determined to be complete and in compliance, the Director of Community Services shall formally file the application by:
               1. Assigning a docket number; and
               2. Setting a date and time for a public hearing.
      3. Fees: See Section 1.29: Filing Fees.
      4. Public Notice: The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Plan Commission’s Rules of Procedure.
      5. Review: The Director, as staff of the Plan Commission, shall review a Development Plan to determine if the Development Plan satisfies the development requirements specified in the C1 or C2 District.
      6. Public Hearing by the Director: The Director shall hold a public hearing before deciding whether to approve or disapprove a Development Plan. However, no Development Plan is required for additions to existing structures which:
         1. Are attached to the existing structure;
         2. Continue the architectural design of the existing structure, including exterior color and materials; doors and windows; other detailing;
         3. Meet with requirements of the C1 or C2 District;
         4. Do not exceed twenty percent (20%) of the original Gross Floor Area of the existing structure, applicable from the date of this section; and
         5. Have received prior ADLS approval from the Plan Commission.
      7. Approval:
         1. Pursuant to IC 36‑7‑4‑1400 et seq., the Director (as the staff of the Plan Commission) is hereby authorized to conduct a public hearing to determine whether the Development Plan complies in all respects with the Zoning Ordinance and any commitments made by the owner of the real property. The Director shall then make written findings concerning his or her decision to approve or disapprove the Development Plan, and the Director is hereby designated as the official who is responsible for signing the written findings.
         2. The approval or disapproval of a Development Plan by the Director is a final decision of the Commission that may be reviewed only as provided in IC 36‑7‑4‑1016.
         3. Time Limit: An approved Development Plan shall be valid for three (3) years from the date of approval. Upon written application to the Director of Community Services before the expiration of said approval, and upon good cause shown, the Director of Community Services may issue a single extension of the approval for a period not to exceed six (6) months.
         4. If the Development Plan or ADLS is substantially or materially altered in any way, resubmission to the Director is required.
         5. If a Development Plan petition is denied, the Director shall provide the applicant with a written copy of the findings-of-fact, if requested.
      8. Amendment:
         1. Requirements: See Section 9.03(B): Development Plan.
         2. Fees: See Section 1.29: Filing Fees.
         3. Public Notice: See Section 9.03(E)(1)(d): Public Notice.
         4. Public Hearing: See Section 9.03(E)(1)(f): Public Hearing by the Plan Commission.
         5. Review: See Section 9.03(E)(1)(e): Review.
         6. Approval: See Section 9.03(E)(1)(g): Approval.

1. Cross Reference: See Carmel City Code; Chapter 7: Building Code; Article 3: Specific Regulations.

1. Proposals to Adopt or Amend Planned Unit Development District Ordinances: The following procedure applies to a proposal to adopt or amend a PUD District Ordinance:
   1. Initiation: The proposal must be initiated by a petition signed by property owners who own all of the land to be included in the Planned Unit Development District.
   2. Definition: The petitioners shall prepare the proposal so that it is consistent with the definition of a PUD District Ordinance provided in Article 11: Definitions.
   3. Decision Criteria: In considering the proposal, both the Plan Commission and the Common Council shall pay reasonable regard to:
      1. The extent to which the PUD District Ordinance provides (1) a mixed use development or (2) addresses unusual site conditions or surroundings;
      2. The Comprehensive Plan and any other applicable, adopted planning studies or reports;
      3. The extent to which the proposal fulfills the general purposes of the Subdivision Control and Zoning Ordinances;
      4. Current conditions and the character of current structures and uses in each district and its surroundings;
      5. The most desirable use for which the land in each district is adapted;
      6. The conservation of property values throughout the City and the Township, and
      7. Responsible development and growth.
   4. District Ordinance: The District Ordinance shall be the governing document for the development of the Planned Unit Development. The District Ordinance and corresponding exhibits may be formatted to no larger than ledger or tabloid sized (11”x 17”) pages and shall conform to the following:
      1. Cover Page and Table of Contents. The cover page shall include the Docket Number and, when applicable, the Common Council Ordinance number, the title of the PUD District, and the submittal date. A Table of Contents shall identify all sections and exhibits included in the District Ordinance. (See Sample Outline and Ordinance – available in the Department of Community Services).
      2. Development Requirements. The District Ordinance shall clearly indicate in text and/or map form the subject location as well as the permitted uses and development requirements to be applied to the real estate. The District Ordinance shall include, but is not limited to:
         1. Concept Plan, which defines the boundaries of the PUD District, delineates any subdistricts or planning areas and which also illustrates building areas, parking areas and the basic street and connectivity patterns within the project.
         2. Land Uses proposed, including a specific list of permitted uses in the PUD District or, when applicable, within each sub-district.
         3. Transportation Systems, including plans for thoroughfares, bicycle and pedestrian connectivity, as well as specifications for each.
         4. Open Spaces, including minimum acreage and overall percentage.
         5. Natural Features, including any streams, regulated drains, floodplains, wetlands, wooded areas or preserved trees.
         6. Lot Area, Building Height and Setback Standards.
         7. Architectural Standards.
         8. Lighting Standards.
         9. Landscaping Requirements.
         10. Sign Standards.
         11. Parking Requirements.
         12. Definitions.
         13. Approval Process, including a list of approvals required prior to obtaining an Improvement Location Permit, e.g. Development Plan, ADLS, Primary Plat, Secondary Plat, Modification procedures.
         14. Violations and Enforcement.
         15. Schedule of Exhibits, including all text and/or maps required to describe, depict, illustrate or characterize any of the project details. Any Conditions or Commitments required per Section 9.05(A) (7): Conditions and Commitments, shall also be included in the Schedule of Exhibits.
      3. Any portion of the Carmel Unified Development Ordinance may be referenced in the District Ordinance. However, the Unified Development Ordinance shall govern in instances where the PUD District Ordinance is silent.
      4. The Common Council Signature Page shall occur at the end of the District Ordinance, following all exhibits and appendices necessary to describe, regulate and illustrate the PUD District.
   5. Supplemental Information: In addition to the District Ordinance and its exhibits, the following additional information shall be submitted to aid in the review of the PUD District:
      1. PUD Comparison Exhibit. A table completed by the Department of Community Services which compares the proposed District Ordinance development requirements to the requirements of the existing zoning District and surrounding neighborhood(s).
      2. Character Renderings. One or more renderings shall be submitted which illustrate the style of the architec- ture and other site details proposed in the PUD District and sub-district.
      3. Vicinity Map. A map that shows adjacent use(s) and zoning district(s).
      4. Existing Site Conditions. A description and/or map of existing conditions on the subject property, includ- ing structures, streets, trails, established open spaces, utility lines, easements, topography, natural features, or any other feature that may influence the design of the development.
      5. Historic Structures and Features. A description and/or map of historic structures and features, as deter- mined by the Hamilton County Interim Report or Carmel Historic Preservation Commission.
   6. Public Hearing: The Plan Commission shall give notice and hold a public hearing on the proposal in accor- dance with its Rules of Procedure.
   7. Conditions and Commitments:
      1. When adopting or amending a PUD District Ordinance, the Common Council may impose reasonable conditions on a Planned Unit Development.
      2. Whenever the Plan Commission deems it advisable in regard to the matters contained in Section 9.05(A) (12): Modifications or Section 9.05(A)(3):Decision Criteria herein, the Plan Commission may permit or require the owner of a parcel of real property to make a Commitment subject to the rules prescribed for Commitments by Section 9.05(B): Rules Governing Commitments. By permitting or requiring a Commitment, the Plan Commission does not become obligated to recommend or not recommend the adoption of the proposal.
      3. During the time when the proposal is being considered by the Common Council, the owner of a parcel of land may make a new Commitment or modify the terms of a Commitment made when the proposal was before the Plan Commission. No further action of the Plan Commission is required for a new Commitment to be effective. If a Commitment made when the proposal was before the Plan Commission is modified and the effect of the modification is to make the Commitment more stringent, no further action of the Plan Commission is required for the modified Commitment to be effective; however, if the effect of such a modification is to make the Commitment less stringent, then the modified Commitment must be ratified by the Plan Commission to be effective. A Commitment made or modified under this provision is subject to the rules prescribed for Commitments by Section 9.05(B): Rules Governing Commitments.
      4. To the extent that any of the required Conditions or Commitments is a direct alteration of a development requirement listed in the District Ordinance, then the District Ordinance shall be amended to reflect the required Commitment.
   8. Certification: Within five (5) business days after the Plan Commission determines its recommendation (if any), the Plan Commission shall certify the proposal to the Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation from the Plan Commission.
   9. Council Action: The Common Council shall vote on the proposal within ninety (90) days after the Plan Commission certifies the proposal. The Common Council’s consideration of the proposal is governed by IC 36‑7‑4‑608 and IC 36‑7‑4‑1512.
   10. Maps: If the proposal is adopted, the Plan Commission shall update the Official Zoning Map that it keeps available with the Zoning Ordinance and the City’s Code of Ordinances to reflect the designation of the parcel as a Planned Unit Development District.
   11. Effective Date: Unless the proposal provides for a later effective date, the PUD District Ordinance takes effect when the proposal is duly adopted.
   12. Modification:
       1. The same procedure as is contained in Section 9.14(F): Proposal to Amend or Partially Repeal the Text of the Unified Development Ordinancefor the amendment or partial repeal of the Zoning Ordinance applies to a proposal to amend or partially repeal the text of a PUD District Ordinance.
       2. No alterations from an approved Development Plan, ADLS, or Primary Plat may be made except those that comply with all applicable development standards contained in the PUD District Ordinance, or those that are approved in accordance with Subparagraph (c) or (d) below.
       3. The Plan Commission may, after a public hearing, grant a Zoning Waiver of any of the dimensional standards of the PUD District Ordinance, by less than ten percent (10%) of the specified standard. Any approval of such waiver is subject to the following criteria:
          1. The proposal shall be in harmony with the purposes and land use requirements contained in the District Ordinance.
          2. The proposal shall complement the overall development plan and the adjoining streetscapes and neighborhoods.
          3. The proposal shall not produce a site plan or street/circulation system that would be impractical or detract from the appearance of the PUD District, and must not adversely affect emergency access in the area.
       4. The Board of Zoning Appeals may also review and approve Variances from the terms of the PUD District Ordinance, pursuant to Section 9.15: Variances.
2. Rules Governing Commitments: In addition to the requirements of IC 36‑7‑4‑1015, all Commitments shall comply with the following:
   1. Form: A Commitment must be in substantially the form set forth in the Plan Commission’s Rules of Procedure, and must identify any specially affected persons or class of specially affected persons who may enforce the Commitment. A Commitment must authorize its recording by the Director of Community Services in the Office of the Hamilton County Recorder.
   2. Recording; Copies: A Commitment shall be recorded in the office of the Hamilton County Recorder and takes effect upon the adoption of the proposal to which it relates. Following the recording of a Commitment, the Director of Community Services shall return the original recorded Commitment to the owner and shall retain a copy of the recorded Commitment in the Plan Commission’s file. All necessary subsequent approvals, including but not limited to Development Plans, Plats, and Improvement Location Permits will be withheld pending receipt of the recorded Commitment. Failure to return a recorded Commitment within thirty (30) days shall nullify the Plan Commission’s approval.
3. Rules Governing Reconsideration: The Plan Commission may adopt a rule to limit further consideration, for up to one (1) year after its defeat, of any proposal that is defeated under the Advisory Planning Law. The Plan Commission may also adopt a rule to limit consideration, for up to six (6) months after the withdrawal or defeat of any proposal, of any other proposal involving the same property that was the subject of the withdrawn or defeated proposal.
4. Copies on File: Two (2) copies of the Unified Development Ordinance of the City of Carmel, Indiana, as they may be amended from time to time, shall be filed in the office of the Clerk-Treasurer and shall be available for public viewing during normal office hours. The Clerk-Treasurer shall also keep additional copies of these ordinances in the office for the purpose of sale or distribution.

1. General: The following procedure applies to a proposal to change the Official Zoning Map (whether by incorporat- ing an additional map or by amending or deleting a map) incorporated by reference into this Zoning Ordinance:
   1. The proposal may be initiated either:
      1. By the Plan Commission;
      2. By a petition signed by property owners who own at least fifty percent (50%) of the land involved; or
      3. By the Common Council; however, if the Common Council initiates the proposal, it shall require the Plan Commission to prepare it.
   2. The Plan Commission or petitioners shall prepare the proposal so that it is consistent with applicable state law.
   3. In considering the proposal, both the Plan Commission and the Common Council shall pay reasonable regard to:
      1. The Comprehensive Plan;
      2. Current conditions and the character of current structures and uses in each district;
      3. The most desirable use for which the land in each district is adapted;
      4. The conservation of property values throughout the City of Carmel and Clay Township; and
      5. Responsible development and growth.
   4. The Plan Commission shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure.
   5. Whenever the Plan Commission deems it advisable in regard to the matters contained in Subparagraph (3) above, the Plan Commission may permit or require the owner of a parcel of real property to make a Commitment subject to the rules prescribed for Commitments by Section 9.05(B): Rules Governing Commitments. By permitting or requiring a Commitment, the Plan Commission does not become obligated to recommend or not recommend the adoption of the proposal.
   6. Within five (5) business days after the Plan Commission determines its recommendation (if any), the Plan Commission shall certify the proposal to the Common Council with a favorable recommendation, an unfavor- able recommendation, or no recommendation from the Plan Commission.
   7. The Common Council shall vote on the proposal within ninety (90) days after the Plan Commission certifies the proposal. The Common Council’s consideration of the proposal is governed by IC 36‑7‑4‑608.
   8. During the time when the proposal is being considered by the Common Council, the owner of a parcel of land may make a new Commitment or modify the terms of a Commitment made when the proposal was before the Plan Commission. No further action of the Plan Commission is required for a new Commitment to be effective. If a Commitment made when the proposal was before the Plan Commission is modified and the effect of the modification is to make the Commitment more stringent, no further action of the Plan Commission is required for the modified Commitment to be effective; however, if the effect of such a modification is to make the Commitment less stringent, then the modified Commitment shall be ratified by the Plan Commission to be effective. A Commitment made or modified under this provision is subject to the rules prescribed for Commitments by Section 9.05(B): Rules Governing Commitments.
   9. If the proposal is adopted, the Plan Commission shall update the Official Zoning Map that it keeps available with the Zoning Ordinance and the City’s Code of Ordinances.
   10. Unless the proposal provides for a later effective date, the updated Official Zoning Map shall take effect when the proposal is duly adopted.

1. Consultation with Director and Application: Applicants shall meet with the Director of Community Services to review the applicable zoning district of the subject site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Director of Community Services shall aid and advise the applicant in preparing his application and supporting documents as necessary.
   1. The applicant shall submit:
      1. Two (2) copies of the written Site Plan and Design Review application form,
      2. Two (2) copies of the Existing Features and Site Analysis Plan including adjacent zoning and land use,
      3. Two (2) copies of the proposed Site Plan and Drainage Plan, and/or
      4. Two (2) copies of the required information on architectural design, landscaping, parking, signage, lighting and access, as well as,
      5. All necessary supporting documents and materials.
   2. Site Plan and Design Review (SDR) approval is not required where Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) approval is required.
2. Review: Review of the Application and Supporting Documents and Materials by the Director of Community Services; following the receipt of the written application and required supporting information by the Director of Community Services, the Director of Community Services shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. If the materials submitted by the applicant are not complete or do not comply with the necessary legal require- ments, the Director of Community Services shall inform the applicant of the deficiencies in said materials.
   1. Unless and until the Director of Community Services formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth.
   2. Within ten (10) days of the formal acceptance of the application by the Director of Community Services, he shall formally approve, deny, or request additional information about the petition.
3. Approval or Denial of the Application by the Plan Commission:
   1. An approved Site Plan and Design Review petition shall be valid for two (2) years from the date of approval. If construction of the building(s) has (have) not started at the end of the two-year period, the Site Plan and Design Review request shall be re-submitted to the Director of Community Services.
   2. If an approved Site Plan and Design Review petition is (are) substantially altered, re-submittal to the Director of Community Services for approval is required.
   3. If the petition is denied by the Director of Community Services, the Director of Community Services shall provide the applicant with a copy of said reasons, if requested.
   4. The applicant may appeal the decision of the Director of Community Services to the Board of Zoning Appeals.

Applicability: This Special Exception section only applies to Group Homes and Short-Term Residential Rental, and Non-Dwelling Short-Term Rental uses.

21. General Information: Except for Short-Term Residential and Short-Term Non-Dwelling Rental renewal applications, Special Exception approval by the Board of Zoning Appeals shall be necessary prior to the establishment of a Special Exception, so cited by the district regulations herein, or the issuance of an Improvement Location Permit for said Special Exception. A Special Exception shall be considered as an exception to the uses allowed under the Unified Development Ordinance, and thus the original application for a Special Exception shall not generally be entitled to favorable consideration, except as follows:
    1. A proposed Group Home that complies with the requirements of Article 5.72 where not more than eight (8) unrelated persons will be residents shall generally be entitled to favorable consideration;
    2. A proposed Group Home that complies with the requirements of Article 5.72 where more than eight (8) unrelated persons will be residents shall be entitled to favorable consideration only if the application is supported by the Director of Community Services. Any application for the renewal of a Special Exception that complies with the requirements of Article 5.72 shall generally be entitled to favorable consideration, so long as it is not opposed by the Director of Community Services. The Board of Zoning Appeals shall have discretion whether to approve or deny each Special Exception application, with its decision to be based on the special and unique conditions pertinent to the site.
22. Procedure:
    1. Procedure Generally: Whenever an application for a Special Exception within the planning jurisdiction is made, it shall follow the procedure set forth herein and shall conform to the regulations and requirements of the Unified Development Ordinance.
    2. Consultation with the Director of Community Services and Application: Applicants shall meet with the Director of Community Services to review the zoning classification of their site, review the regulatory ordinances and materials, review the Special Exception procedures, and examine the proposed exception and development of the property. The Director of Community Services shall aid and advise the applicant in preparing the application and supporting documents as necessary. The applicant shall then submit the application form and all necessary supporting documents and materials.
    3. Initial Review by the Director of Community Services: Docketing on Board of Zoning Appeals Agenda: Following the receipt of the written application and necessary supporting documents and materials by the Director of Community Services, the Director shall then review the materials solely for the purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws, and regulations, and therefore entitled to be forwarded to the Board of Zoning Appeals. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director of Community Services shall inform the applicant of the deficiencies in said materials. Unless and until the Director of Community Services formally accepts the Special Exception application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward Special Exception approval as hereinafter set forth. Within thirty (30) days of the formal acceptance of the application by the Director of Community Services, the Director shall formally file the application by placing it upon the agenda of a Board of Zoning Appeals, according to the Rules of Procedure of the Board of Zoning Appeals.
    4. Short-Term Rentals Renewal Applications. Short-Term Residential and Short-Term Non-Dwelling Rental renewal applications shall be docketed, filed with, and placed on the agenda of the Hearing Officer for the public hearing according to the Rules of Procedure of the Board of Zoning Appeals. The same rules for public hearing, basis of review and approval/denial, and re-application shall apply for Short-Term Residential and Short-Term Non-Dwelling Rental renewal applications as initial application for Special Exception.
    5. Public Hearing: Once the Director of Community Services has accepted and filed the application with the Board of Zoning Appeals, a docket number shall be assigned and a date and time set for a public hearing by the Board of Zoning Appeals, according to the Rules of Procedure of the Board of Zoning Appeals. The applicant shall be responsi- ble for the cost and publication of any required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board of Zoning Appeals; however, notice by publication shall not be required for the renewal of a Special Exception. The conduct of the public hearing shall be in accordance with the Board of Zoning Appeals Rules of Procedure.
    6. Approval or Denial of the Special Exception Application: Upon approval of a Special Exception, the Board of Zoning Appeals shall inform the applicant that the applicant may apply to the Director of Community Services for Improvement Location Permits (if necessary) or may commence the Special Exception if no permits are required. Failure of the Board of Zoning Appeals to inform the applicant of the time limits set forth inSection 5.72(D): Limitations, Section 5.73(D): Limitations or Section 5.74(D): Limitations, as applicable, shall not relieve the applicant of complying with said Section or otherwise complying with all applicable Federal and State laws, rules, and regulations.
    7. Appeal of Hearing Officer Decision: A Short-Term Residential and Short-Term Non-Dwelling Rental renewal application decision of a Hearing Officer shall not be a basis for judicial review, but it may be appealed to the Board of Zoning Appeals. The Board of Zoning Appeals shall conduct a new hearing on the matter and shall not be bound by any Findings of Fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the Board of Zoning Appeals within five (5) days after the decision is made, as provided in IC 36‑7‑4‑924.
    8. Time Limit for Re‑Application: A Special Exception application that is denied by a Hearing Officer or the Board of Zoning Appeals is ineligible to be placed again on an agenda for consideration until the legality of the decision is finally determined by a court, pursuant to judicial review according to the Advisory Planning Law, or for a period of twelve (12) months following the date of the denial, whichever is later. In addition, whenever a Special Exception application is denied, the property involved in the application shall not be the subject of a different Special Exception application, or any use variance or rezone proposal, for a period of six (6) months following the date of the denial.
23. Basis of Review: The Board of Zoning Appeals, in reviewing a Special Exception application, shall give consideration to the particular needs and circumstances of each application and shall examine the following items as they relate to the proposed Special Exception:
    1. Surrounding zoning and land use;
    2. Access to public streets;
    3. Driveway and curb cut locations in relation to other sites;
    4. Parking location and arrangement;
    5. Trash and material storage;
    6. Necessary exterior lighting;
    7. Protective restrictions and/or covenants; and
    8. (Group Homes only) Proximity and number of other Group Homes to the proposed site.
24. Basis of Approval or Rejection: The Board of Zoning Appeals, in approving or rejecting a Special Exception application, shall base its decision upon the following factors as they relate to the above listed items (Section 9.08(C): Basis of Review) concerning the proposed Special Exception:
    1. The economic factors related to the proposed Special Exception, such as cost/benefit to the community and its anticipated effect on surrounding property values;
    2. The social/neighborhood factors related to the proposed Special Exception, such as compatibility with existing uses in the vicinity of the premises under consideration and how the proposed Special Exception will affect neighborhood integrity; and
    3. The effects of the proposed Special Exception on vehicular and pedestrian traffic in and around the premises upon which the Special Exception is proposed.
25. Special Exception Group Home Decisions; Commitment: Pursuant to IC 36‑7‑4‑1015, the Board of Zoning Appeals may, as a condition to any approval of an application for a Special Exception, require or allow the owner to make any or all of the following commitments concerning the use of the property:
    1. That the Special Exception will fully comply with Section 5.72Group Home Use‑Specific Standards.
    2. That the Special Exception will be limited to five (5), ten (10), or fifteen (15) years, at the discretion of the Board of Zoning Appeals.
    3. If the Board of Zoning Appeals determines that a homeowners association or similar entity has established limitations or prohibitions that apply to the property, that the owner’s implementation of the Special Exception will not result in the violation of any such limitations or prohibitions.
26. Special Exception Short-Term Residential Rental Decisions; Commitment: Pursuant to IC 36‑7‑4‑1015, the Board of Zoning Appeals may, as a condition to any approval of an application for a Special Exception, require or allow the owner to make any or all of the following commitments concerning the use of the property:
    1. That the Special Exception will fully comply with Section5.73: Short‑Term Rental Use Use‑Specific Standards.
    2. That the Special Exception will be limited to thirty (30), sixty (60), or ninety (90) days during a calendar year, at the discretion of the Board of Zoning Appeals.
    3. If the Board of Zoning Appeals determines that a homeowners association or similar entity has established limitations or prohibitions that apply to the property, that the owner’s implementation of the Special Exception will not result in the violation of any such limitations or prohibitions.
27. Special Exception Non-Dwelling Short Term Rental Decisions; Commitment: Pursuant to IC 36‑7‑4‑1015, the Board of Zoning Appeals may, as a condition to any approval of an application for a Special Exception, require or allow the owner to make any or all of the following commitments concerning the use of the property:
    1. That the Special Exception will fully comply with Section 5.74: Non-Dwelling Short‑Term Rental Use‑Specific Standards.
    2. That the Special Exception will be limited to thirty (30), sixty (60), or ninety (90) days during a calendar year, at the discretion of the Board of Zoning Appeals.
    3. If the Board of Zoning Appeals determines that a homeowners association or similar entity has established limitations or prohibitions that apply to the property, that the owner’s implementation of the Special Exception will not result in the violation of any such limitations or prohibitions.

1. General Information: Special Use approval by the Board of Zoning Appeals shall be necessary prior to the estab- lishment of a Special Use, so cited by the district regulations herein, or the issuance of an Improvement Location Permit for said Special Use. Special Uses shall generally be considered favorably by the Board of Zoning Appeal, except in cases where the Board of Zoning Appeals finds the proposed Special Use obviously inappropriate as a result of special and unique conditions determined as a result of the review procedure established herein.
2. Procedure:
   1. Procedure Generally: Whenever an application for a Special Use within the planning jurisdiction is made, it shall follow the procedure set forth herein and shall conform to the regulations and requirements of the Unified Development Ordinance.
   2. Consultation with the Director of Community Services and Application: Applicants shall meet with the Director of Community Services to review the zoning classification of their site, review copies of the regulatory ordinances and materials, review the Special Use procedures and examine the proposed use and development of the property. The Director of Community Services shall aid and advise the applicant in preparing his application and supporting documents as necessary. The applicant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials.
   3. Initial Review by the Director of Community Services; Submission to the Board of Zoning Appeals: Following the receipt of the written application and necessary supporting documents and materials by the Director of Community Services, he shall then review the materials solely for the purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations, and therefore entitled to be forwarded to the Board of Zoning Appeals. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director of Community Services shall inform the applicant of the deficiencies in said materials. Unless and until the Director of Community Services formally accepts the Special Use application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward Special Use approval as hereinafter set forth. Within thirty (30) days of the formal acceptance of the application by the Director of Community Services, he shall formally file the application by placing it upon the agenda of the Board of Zoning Appeal, according to the Board of Zoning Appeals’ Rules of Procedure.
   4. Public Hearing by the Board of Zoning Appeals: Once the Director of Community Services has accepted and filed the application with the Board of Zoning Appeal, the Board of Zoning Appeals or its delegate shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Board of Zoning Appeals. The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board of Zoning Appeals. The conduct of the public hearing shall be in accordance with the Board of Zoning Appeal’s Rules of Procedure.
   5. Approval or Denial of the Special Use Application by the Board of Zoning Appeals: Upon approval of the Special Use, the Board of Zoning Appeals shall inform the Director of Community Services that he may issue Improvement Location Permits for the Special Use and inform the applicant of the time limits set forth inSection 9.09(B)(7): Time Limit. The Board of Zoning Appeals shall inform the applicant that he may apply to the Director of Community Services for Improvement Location Permits for the Special Use, if necessary, or may commence the Special Use if no permits are required. Failure of the Director of Community Services to inform the applicant of the time limits set forth in Section 9.09(B)(7): Time Limit shall not relieve the applicant of complying with said Section. A Special Use application that is denied by the Board of Zoning Appeals is ineligible to be placed again on the Board of Zoning Appeal’s agenda for consideration until the legality of the Board of Zoning Appeals' decision is finally determined by a court, pursuant to judicial review according to the Advisory Planning Law, or for a period of twelve (12) months following the date of the denial, whichever is later. In addition, whenever a Special Use application is denied, the property involved in the application shall not be the subject of a different Special Use application, or any use variance application or rezone proposal, for a period of six (6) months following the date of the denial.
   6. Authorization: In no event shall a Special Use be established or an Improvement Location Permit be issued for improvements for a Special Use prior to the approval of the Special Use by the Board of Zoning Appeals unless otherwise excepted herein.
   7. Time Limit: Any person to whom a Special Use is granted by the Board of Zoning Appeal, under the procedures set forth in this article, shall have commenced continuous construction of said Special Use or implemented said Special Use within three years of the date of the granting of the approval or said approval shall become null and void. Upon application to the Director of Community Services before the expiration of said approval, and upon good cause shown, said approval may be extended for six (6) months.
3. Basis of Board of Zoning Appeals Review: The Board of Zoning Appeal, in reviewing the Special Use application, shall give consideration to the particular needs and circumstances of each application and shall examine the follow- ing items as they relate to the proposed Special Use:
   1. Topography;
   2. Zoning on site;
   3. Surrounding zoning and land Use;
   4. Streets, curbs and gutters and sidewalks;
   5. Access to public streets;
   6. Driveway and curb cut locations in relation to other sites;
   7. General vehicular and pedestrian traffic;
   8. Parking location and arrangement;
   9. Number of parking spaces needed for the particular Special Use;
   10. Internal site circulation;
   11. Building height, bulk and setback;
   12. Front, side and rear yards;
   13. Site coverage by building(s), parking area(s) and other structures;
   14. Trash and material storage;
   15. Alleys, service areas and loading bays;
   16. Special and general easements for public or private Use;
   17. Landscaping and Bufferyards;
   18. Necessary fencing;
   19. Necessary exterior lighting;
   20. On-site and off-site, surface and subsurface storm and water drainage;
   21. On-site and off-site utilities;
   22. Dedication of streets and rights-of-way;
   23. Proposed signage (subject to regulations established by the Sign Ordinance); and
   24. Protective restrictions and/or covenants.
   25. Need for lifeguards and other supervisory personnel, in respect to a private recreational development or facility
4. Basis of Board of Zoning Appeals Approval or Rejection:
   1. Special Use Decisions: The Board of Zoning Appeal, in approving or rejecting a Special Use application, shall base its decision upon the following factors as they relate to the above listed items (Section 9.09(C): Basis of Board of Zoning Appeals Review) concerning the proposed Special Use:
      1. The particular physical suitability of the premises in question for the proposed Special Use.
      2. The economic factors related to the proposed Special Use, such as cost/benefit to the community and its anticipated effect on surrounding property values.
      3. The social/neighborhood factors related to the proposed Special Use, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will effect neighborhood integrity.
      4. The adequacy and availability of water, sewage and storm drainage facilities and police and fire protection.
      5. The effects of the proposed Special Use on vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed.
5. Expansion of Approved Special Uses: An approved Special Use may be expanded up to ten percent (10%) of the approved gross floor area without obtaining further Special Use approval if the approved use or exception is continued in the expansion, if the particular building height, bulk, setback, yard, parking, etc. requirements are adhered to and if the proper permits for the expansion, such as an Improvement Location Permit, are obtained.
6. Special Uses in Flood Plain Districts: The Board of Zoning Appeals shall not exercise Special Use approval in any floodplain, as determined by the City of Carmel Flood Damage Prevention Ordinance, until the Board of Zoning Appeals has received written approval from the Indiana Natural Resources Commission for the proposed Special Use, including any reports supplementary thereto.
7. Provisions for Financial Performance and Maintenance Guarantees for Special Uses: As a prerequisite to Special Use approval on projects subject to new construction, the developer shall agree to provide financial performance and maintenance guarantee for public facility improvements and installations to be constructed in and, as necessary for proper connection and system coordination, adjoining the proposed Special Use. The public facility improvements and installations shall include streets (base and paving, individually), curbs and gutters, sidewalks, storm water drainage and storm sewer systems, sanitary sewer systems, water supply systems, street name signs, monuments and markers and the various appurtenances related thereto. All construction shall be according to plans submitted as a portion of the Special Use application and accompanying data, subject to standards and specifi- cations cited herein. Non-public facility improvements and installations shall be subject to financial guarantees established by their ownership.
   1. Performance Guarantee: Prior to or at the time of Special Use approval, the developer shall be required to provide financial performance guarantee, by certified check, letter of credit, or performance bond running to:
      1. City of Carmel jurisdiction: City of Carmel
      2. Hamilton County jurisdiction: Board of Commissioners of Hamilton County The financial performance guarantee shall provide for the completion of all public facility improvements and installations required under the provisions of the Unified Development Ordinance, and shall be conditioned upon the following:
      3. The completion of public facility improvements and installations shall be within two (2) years from the approval of the Special Use.
      4. A penal sum shall be fixed and approved by the Board equal to 100% of the total estimated current cost to the City or County of all public facility improvements and installations provided in the Special Use application and accompanying data according to specifications cited herein.
      5. Each public facility improvement or installation provided in the Special Use application or accompanying data shall be bonded individually, or shall have an individual letter of credit or certified check to cover the penal sum, and shall not have the performance guarantee provided in combination with any of the other public facility improvements and installations.
      6. The performance bond, certified check, or letter of credit shall be issued in the name of the owner, devel- oper, contractor or other responsible party as determined by the Board of Zoning Appeals.
   2. Extension of Completion Time and Non‑Performance:
      1. Should the developer not complete the public facility improvements and installations as herein required within the stated two (2) year period, the Director of Community Services may approve an extension of up to two (2) years, granted at six-month intervals, for completion of the required public facility improve- ments and installations.
      2. Should the developer not complete the public facility improvements and installations as herein required within the two-year period, or within any time extension approved by the Director of Community Services, the proper authorities may take the necessary steps to proceed with the completion of the public facility improvements and installations, making use of the certified check, letter of credit, or performance bond.
   3. Release of Performance Guarantee: Upon the faithful completion of the required public facility improvements and installations according to the Special Use application and accompanying data and the specifications cited herein, the developer shall inform the Director of Community Services who shall confirm that said public facility improvements and installations have been completed in conformity with the Unified Development Ordinance. Following said confirmation, the subdivider shall provide the Director of Community Services with two (2) sets of “as-built” plans showing the storm water drainage and storm sewer systems, water supply system, sanitary sewer system and monuments and markers as they were installed. The developer may then request the release of the performance guarantee posted with the appropriate authority. Upon the receipt of a maintenance guarantee, as specified herein, the appropriate authority shall release the performance guarantee within sixty (60) days. The performance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their performance guarantees.
   4. Maintenance Guarantee: Prior to the release of the performance guarantee, the developer shall be required to provide financial maintenance guarantee, by certified check payable to the appropriate authority or maintenance bond running to the appropriate authority, that all public facility improvements and installations required under the provisions of the Unified Development Ordinance shall be maintained according to specifications cited herein. Said financial maintenance guarantee shall be conditioned upon the following:
      1. The maintenance guarantee shall run and be in force for a period of three (3) years from the date of release of the performance guarantee.
      2. A penal sum shall be fixed and approved by the Board of Zoning Appeals but in no case shall the penal sum be less than fifteen percent (15%) of the total performance guarantee for streets and ten percent (10%) of the performance guarantee for all other public facility improvements and installations. The minimum maintenance guarantee to be posted for streets shall be no less than $5,000.00.
      3. Each public facility improvement or installation shall be bonded individually, or shall have an individual certified check to cover the penal sum, and shall not have the maintenance guarantee provided in combina- tion with any of the other public facility improvements and installations.
      4. The maintenance bond shall be issued in the developer’s name alone or in the name of the developer and his subcontractor as co-signers. All certified checks provided for financial maintenance guarantee shall be signed by the developer alone.
   5. Releases of Maintenance Guarantee: All maintenance bonds shall expire at the end of the three (3) year period for which they were established. Within sixty (60) days of the expiration date, the appropriate authority shall return said expired maintenance bonds to the developer. In the case where a certified check has been posted as a maintenance guarantee, the developer shall, at the end of the three (3) year maintenance period, contact the appropriate authority in order to obtain the release of the maintenance guarantee. The appropriate authority shall return said maintenance guarantee to the developer within sixty (60) days. The maintenance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their maintenance guarantee.

1. Purpose and Intent: A Minor Subdivision Plat applies to very simple parcel splits where the risk of remonstration or appeals is very low. A Minor Subdivision Plat uses a streamlined process by requiring less information to be submitted and by allowing review and final decisions to be conducted by the Plat Committee. However, the Plat Committee may elect to pass the review and final decision to the full Plan Commission.
2. Authorization: Minor Subdivision Plats are hereby delegated to the Plat Committee who is authorized to approve any qualified Minor Subdivision Plat as described in Section 9.10(C): Project Applicability and Section 9.10(D): Prerequisites.
3. Project Applicability: A Minor Subdivision Plat can be used to subdivide a parcel of land within the planning jurisdiction, but only if the proposed division meets the “Applicable Districts” and “Prerequisites” standards written below.
   1. Applicable Districts: The minor subdivision of land shall occur only in the following zoning districts: P1, S1, S2, R1, R2, R3, R4, R5, UR, B1, B2, B3, B5, B6, B7, B8, C1, C2, UC, MC, I1, M3
   2. Applicable Subdivision Types: The minor subdivision of land shall only apply to the following subdivision type: SS
   3. Exemptions:
      1. Condominiums regulated by IC 32‑25 are exempt from the land subdivision process outlined in the Unified Development Ordinance. However, developments subject to IC 32‑25 are not exempt from Development Plan (ADLS) or the regulations in Article 7: Design Standards.
4. Prerequisites:
   1. Eligible Applicant: An application for a Minor Subdivision Plat shall be initiated by the owner of the land to be developed or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner shall accompany the application.
   2. Pre‑application Meeting: Prior to submitting an application for Minor Subdivision Plat, the applicant shall meet with a Planning Administrator to review the zoning district of the site, review applicable regulatory ordinances, review the procedures, discuss external street and pedestrian systems the development will have to connect into, determine what submittal material will be necessary, and the like. The Planning Administrator may also direct the applicant to other agencies with whom to consult.
   3. Disqualifications: A proposed division of land that includes one (1) or more of the following shall not be permitted to utilize the Minor Subdivision Plat process:
      1. Utilizing any Subdivision Type other than “Simple Subdivision.”
      2. The project includes a new internal street,
      3. Divisions of land that result in six (6) or more total lots (i.e. splitting 1 parcel of land into 6 or more lots),
      4. Divisions of land that require one (1) or more waivers from the applicable design standards, or
      5. Divisions of land that require, or elect to have, common area or features that will be in common ownership; excluding a shared driveway.
5. Minor Subdivision Plat Filing Requirements:
   1. Application: An application for a Minor Subdivision Plat shall be made on a form provided by the Planning Administrator.
   2. Required Information: The required information for a Minor Subdivision Plat shall be as listed on the applica- tion form.
   3. Submittal Discretion: The Planning Administrator may waive any of the requirements listed on the application form for a Minor Subdivision Plat, when it is clearly not relative to the application. Likewise, the Planning Administrator may require additional information that is not listed on the application form for a Minor Subdivision Plat, when more information is clearly necessary for the Plat Committee’s review and consider- ation for approval.
   4. Copies Required: Two (2) paper copies and one (1) electronic copy (in .pdf file format) of the application and supporting material shall be submitted. The paper copy shall not exceed twenty-four by thirty-six inches (24" X 36").
   5. Deadline: Not applicable. The receipt of a Minor Subdivision Plat application will cause a conference of the Plat Committee to be scheduled.
   6. Fees: Fees shall be paid after the docket number for the petition is assigned by a Planning Administrator. If the Plan Commission, Plat Committee, or Director of Community Services has to hire a professional engineer, professional planner, attorney, soil scientist, materials specialist, or other technician or professional in order to subsidize the City of Carmel’s staff capabilities, and which is necessary to review the proposed development, those fees shall be passed along to the applicant and shall be paid prior to Minor Subdivision Final Plat approval.
6. Minor Subdivision Primary Plat Formal Procedure:
   1. Assignment: An application for Minor Subdivision Plat, which is determined to be complete and in proper form by the Planning Administrator, shall be assigned a docket number and scheduled for conference with the Plat Committee. The Planning Administrator shall notify the applicant of the meeting date.
   2. Internal Review: Upon assignment of a docket number and conference date, the Technical Advisory Committee will be notified of the proposed subdivision of land and asked to review and comment, and/or may be requested to attend a meeting to discuss the proposed development. For efficiency, the general intent is to conduct reviews of proposed projects outside of a meeting, and only to hold meetings when complex issues need to be discussed.
   3. Staff Report: The Planning Administrator may submit a written report to the Plat Committee stating any facts concerning the physical characteristics of the area involved in the subdivision of land, the surrounding land use, public facilities available to service the area, and/or other pertinent facts. The written report may also contain opinions of the Planning Administrator concerning the subdivision of land and information submitted from the other agencies and departments that have reviewed the proposed development. A copy of such report shall be made available to the applicant, when available.
   4. Public Notice: The requirements for public notice shall be per the Plan Commission’s Rules of Procedures.
   5. Attendance: The applicant and any interested parties may be present at a conference with the Plat Committee to present and explain the application for a Minor Subdivision Primary Plat, and address and discuss comments and concerns posed by the Plat Committee or interested parties. Failure to appear may result in the dismissal of the application for lack of prosecution.
   6. Public Hearing: Not required.
   7. Review: At a pre-determined conference, the Plat Committee shall review:
      1. The application for Minor Subdivision Plat.
      2. All supporting information including the site plan, lot access, elevations, etc.
      3. The testimony of the applicant.
      4. Information presented in writing or verbally by the Planning Administrator, and other applicable agencies or departments.
      5. Input from interested parties.
      6. Any applicable provisions of the Unified Development Ordinance.
      7. Conformance with the goals, objectives and intent described in the Comprehensive Plan.
      8. Any other information as may be required by the Plat Committee to evaluate the application.
   8. Decision:
      1. The Plat Committee shall make findings of fact and take final action, or continue the application to a defined future conference date.
      2. The Plat Committee shall affirm the following findings of fact. Findings, or lack of findings, may be in the form of a general statement.
         1. The subdivision of land is consistent with the Comprehensive Plan.
         2. The subdivision of land satisfies the prerequisites, development requirements and design standards for the Simple Subdivision type in Article 6: Subdivision Types.
         3. The subdivision of land satisfies the applicable design standards in Article 7: Design Standards.
         4. The subdivision of land satisfies any applicable development standards in Article 2: Zoning Districts and Article 5: Development Standards.
         5. The subdivision of land satisfies all other applicable provisions of the Unified Development Ordinance.
      3. Final Action
         1. If the Plat Committee finds all of the findings of fact in the affirmative, it shall vote to approve the application for Minor Subdivision Primary Plat.
            1. If the Plat Committee does not find all of the findings of fact in the affirmative, it shall vote to deny the application for Minor Subdivision Primary Plat; or impose conditions of the approval or accept commitments from the applicant that remedy areas of concern; followed by an affirmative vote.
      4. Commitments: Any commitment made verbally by, submitted in writing by, or by illustration provided by the applicant or assigned representatives during a Plat Committee conference shall be binding and required to be recorded. The Plat Committee may dismiss verbal, written, or illustrated commitments if it does not believe they are necessary. Commitments shall be recorded in the Office of the Hamilton County Recorder. The deadline and proof of recording is required per Section 9.10(K): Recording and Submittal for City’s Records.
      5. Signatures: If approved, the Minor Subdivision Plat, the Plat Committee’s findings and final action, and any commitments or conditions shall be signed by the Director of Community Services, and be attested by a Planning Administrator.
      6. Notice of Approval: The applicant shall mail a notice to interested parties that the Plat Committee approved a division of land. That notice shall describe the approved plat and describe the appeals process and timeframe.
      7. Letter of Grant: The Planning Administrator shall mail a letter of Grant to the applicant noting the approval for the records.
7. Appeal: Any applicant or aggrieved interested party may appeal a Minor Subdivision Primary Plat to the full Plan Commission. Such an appeal shall be submitted within five (5) days from the publication date of public notice announcing the Minor Subdivision Primary Plat was approved by the Plat Committee. The Plan Commission shall follow the same Minor Subdivision Plat process, but instead of the Plat Committee, the Plan Commission shall serve that role and the conference shall be replaced with a public hearing per the Plan Commission Rules of Procedure. The Plan Commission, at an official meeting may delegate the proceedings to either the Residential Committee or the Commercial Committee per Plan Commission Rules of Procedure.
8. Modification to a Primary Plat:
   1. Minor Amendments: A minor amendment to an approved Minor Subdivision Primary Plat may be processed as an Administrative Subdivision as long as the amendments do not go against Section 9.10(C): Project Applicability and Section 9.10(D): Prerequisites, or the Administrative Subdivision prerequisites.
   2. Substantial Amendments: If the Planning Administrator determines that a proposed modification adversely impacts or significantly changes the overall Minor Subdivision Primary Plat, then the applicant shall be required to file a new application for Minor Subdivision Plat.
   3. Amendments that Require a Waiver: If the Planning Administrator determines that a proposed modification to a Minor Subdivision Primary Plat requires a waiver, then the applicant shall be required to file a new application for Major Subdivision Plat, to be heard by the full Plan Commission.
9. Minor Subdivision Final Plat Filing Requirements:
   1. Application: The Minor Subdivision Plat application shall serve as both primary and final plat application.
   2. Required Information: Final Plat drawing(s), easement agreements, applicable commitments, required condi- tions, and all supporting information; all in their final form. Also, proof that required monumentation has been completed.
   3. Submittal Discretion: Not applicable.
   4. Copies Required: Paper copies of all final documents in their final form.
   5. Deadline: Not applicable.
   6. Fees: Not applicable.
10. Minor Subdivision Final Plat Formal Procedure:
    1. Administrative Approval: An un-appealed Minor Subdivision Primary Plat shall be administratively approved by the Planning Administrator upon the applicant’s submission of a paper copy of the Final Plat, easement agreements, applicable commitments, required conditions and all supporting information in its final form. Also, the applicant shall submit proof that the required monumentation has been installed. Final Plat approval shall be granted by signature of the Planning Administrator after the appeals timeframe has expired, monumentation is in place, and the Planning Administrator is in receipt of all necessary documentation in their final form.

11. Recording and Submittal for City Records: The signed Minor Subdivision Final Plat, applicable supporting information, easement agreements, applicable commitments, and required conditions shall be recorded at the Hamilton County Recorder’s office by the applicant or an authorized agent. Then, one (1) scanned electronic copy in .pdf (portable document format) along with two (2) paper copies of all that material plus proof of recording shall be submitted to the Planning Administrator for the City’s records. Both the recording and submittal for City records shall be completed within forty-five (45) days from the date it was signed by the Director of Community Services.
12. Transfer of Ownership Limitations: Lots created by the Minor Subdivision Plat shall not be sold or otherwise change ownership until monumentation is installed and Section 9.10(K): Recording and Submittal for City Records has been completed.
13. Building Permit Limitation: No building permit shall be issued until monumentation is installed and Section 9.10(K): Recording and Submittal for City Records has been completed.
14. Replats: Any modification to an existing Minor Subdivision Final Plat shall consist of two (2) processes. First, the plat, or the portion of the plat, shall be vacated in accordance with Indiana Code. Then, the parcel of land shall be platted using the Minor (or Major if applicable) Subdivision Plat process. The two (2) processes may be conducted in the same meeting with and combined into a single vote.

1. Purpose and Intent: A Major Subdivision Primary Plat allows the Plan Commission the opportunity to review the details of a subdivision of land to determine compliance with the provisions of the Unified Development Ordinance. A Major Subdivision Primary Plat also ensures the statutory requirements established in Indiana Code for the subdivision of land are met.
2. Project Applicability: A Major Subdivision Primary Plat shall be prepared in conjunction with any proposal to subdivide a parcel of land within the planning jurisdiction.
   1. Applicable Districts: The subdivision of land shall occur only in the following zoning districts: P1, S1, S2, R1, R2, R3, R4, R5, UR, B1, B2, B3, B5, B6, B7, B8, C1, C2, UC, MC, I1, M3
   2. Applicable Subdivision Types: The major subdivision of land shall only apply to the following subdivision types: SS. CS, RS, TS, CM
   3. Exemptions:
      1. Condominiums regulated by IC 32‑25 are exempt from the land subdivision process outlined in the Unified Development Ordinance. However, developments subject to IC 32‑25 are not exempt from Development Plan (ADLS) or the regulations in Article 7: Design Standards.
      2. Divisions of land that qualify for Minor Subdivision Plat or Administrative Subdivisions.
3. Prerequisites:
   1. Eligible Applicant: An application for Major Subdivision Primary Plat shall be initiated by the owner of the land involved in the development or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner shall accompany the application.
   2. Pre‑application Meeting: Prior to submitting an application for Major Subdivision Primary Plat, the applicant shall meet with the Planning Administrator to review the applicable zoning district(s), review applicable regulatory ordinances, review the procedures, determine the best subdivision type for the development, discuss external street and pedestrian systems the development will have to connect into, determine what submittal material will be necessary, and the like. The Planning Administrator may advise the applicant in preparing the application and supportive documents as necessary; as well as direct the applicant to other agencies with whom to consult.
4. Major Subdivision Primary Plat Filing Requirements:
   1. Application: An application for a Major Subdivision Primary Plat shall be made on a form provided by the Planning Administrator.
   2. Required Information: The required information for a Major Subdivision Primary Plat shall be as listed on the application form.
   3. Submittal Discretion: The Planning Administrator may waive any of the requirements listed on the application form for a Major Subdivision Primary Plat when it is clearly not relative to the application. Likewise, the Planning Administrator may require additional information that is not listed on the application form for a Major Subdivision Primary Plat, when more information is clearly necessary for the Plan Commission’s review and consideration for approval.
   4. Copies Required: Copies Required: Two (2) paper copies and one (1) electronic copy (in .pdf file format) of the application and supporting material shall be submitted. The paper copy shall not exceed 24 by 36 inches.
   5. Deadline: The deadline for submittal shall be per the Plan Commission’s Rules of Procedures and per the Plan Commission Calendar.
   6. Fees: Fees shall be paid after the docket number for the petition is assigned by a Planning Administrator. If the Plan Commission or Director of Community Services has to hire a professional engineer, professional planner, attorney, soil scientist, materials specialist, or other technician or professional in order to subsidize the City of Carmel’s staff capabilities necessary to review the proposed development, those fees shall be passed along to the applicant and shall be paid prior to Primary Plat approval.
5. Formal Procedure:
   1. Assignment: An application for Major Subdivision Primary Plat, which is determined to be complete and in proper form by the Planning Administrator, shall be assigned a docket number and placed on an agenda pursuant to the Plan Commission’s Rules of Procedure. The Planning Administrator shall notify the applicant of the meeting date.
   2. Internal Review: Upon assignment of a docket number and hearing date, the Technical Advisory Committee will be notified of the proposed subdivision of land and asked to review and comment, and/or may be requested to attend a meeting to discuss the proposed development. For efficiency, the general intent is to conduct reviews of proposed projects outside of a meeting, and only to hold meetings when complex issues need to be discussed.
   3. Staff Report: The Planning Administrator shall submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the subdivision of land, the surrounding land use, public facilities available to service the area, and/or other pertinent facts. The written report may also contain opinions of the Planning Administrator concerning the subdivision of land and information submitted from the other agencies and departments that have reviewed the proposed development. A copy of such report shall be made available to the applicant.
   4. Submittal of Revised Plans: The applicant will be given the opportunity to submit revised plans reflecting the outcome of the Technical Advisory Committee comments and/or meeting. The revised plans should address concerns or lack of compliance identified by the technical review process.
   5. Public Notice: The requirements for public notice shall be per the Plan Commission’s Rules of Procedures.
   6. Attendance: The applicant, and or assigned representatives, shall be present at the Plan Commission meeting to present and explain the application for Major Subdivision Primary Plat and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for lack of prosecution.
   7. Public Hearing: A public hearing shall be held in accordance with the Plan Commission Rules of Procedure.
   8. Review Discretion: The Plan Commission, per its Rules of Procedure may either review the project as a full commission, or delegate the review and decision to a standing committee (i.e. Residential Committee or Commercial Committee). Each of the following sections read as “Plan Commission” but shall be interpreted as either the full Plan Commission or subcommittee, or combination thereof.
   9. Review: At a regularly scheduled public meeting, the Plan Commission shall review:
      1. The application for Major Subdivision Primary Plat.
      2. All supporting information including the site plan, street and pedestrian facility plan, stormwater quality and drainage plan, traffic impact, landscape plan, etc.
      3. The testimony of the applicant.
      4. Information presented in writing or verbally by the Planning Administrator or other applicable agencies or departments.
      5. Input from the public during the public hearing.
      6. Any applicable provisions of the Unified Development Ordinance.
      7. Any applicable requirements of the Carmel Engineering Standards.
      8. Conformance with the goals, objectives and intent described in the Comprehensive Plan.
      9. Any other information as may be required by the Plan Commission to evaluate the application.
   10. Decision:
       1. The Plan Commission shall make findings of fact and take final action, or continue the application for Major Subdivision Primary Plat to a specific future meeting date.
       2. Findings of Fact: The Plan Commission shall affirm or refute the findings of fact. Findings, or lack of findings, may be in the form of a general statement. Disapproval of findings shall specify the provision of the Unified Development Ordinance, Carmel Engineering Standards, or other regulatory document with which there is not compliance; or the manner in which the project is not consistent with the Comprehensive Plan.
          1. The subdivision of land is consistent with the Comprehensive Plan.
          2. The subdivision of land satisfies the prerequisites, minimum development requirements and design standards for the applicable subdivision type in Article 6: Subdivision Types.
          3. The subdivision of land satisfies the applicable design standards in Article 7: Design Standards.
          4. The subdivision of land satisfies any other applicable provisions of the Unified Development Ordinance.
          5. The subdivision of land satisfies the construction requirements of the Carmel Engineering Standards.
   11. Final Action
       1. If the Plan Commission finds all of the findings of fact in the affirmative, it shall approve or approve with commitments the application for Major Subdivision Primary Plat.
       2. If the Plan Commission does not find all of the findings of fact in the affirmative, it shall deny the application for Major Subdivision Primary Plat; or may impose conditions of the approval, and/or accept commitments that remedy areas of concern.
          1. Commitments: Any verbal, written or illustrated commitments made by the applicant or assigned representatives during a Plan Commission meeting shall be binding and required to be recorded. The Plan Commission may dismiss verbal, written, or illustrated commitments if they do not believe they are necessary. Commitments shall be written, signed and submitted to the Planning Administrator within thirty (30) days of the Plan Commission’s final action on the Major Subdivision Primary Plat for the official record.
          2. The findings, final action, and any conditions shall be signed by the President of the Plan Commission and be attested by the Planning Administrator.
          3. The Planning Administrator shall provide the applicant a copy of the decision.
6. Modification:
   1. Minor Amendments: Minor amendment to an approved Major Subdivision Primary Plat which does not involve: an increase in the number of lots or intensity of land uses; the addition of new land uses; changes to circulation; the addition of driveways or access points; lessening of connectivity, significantly altering the streetscape or character of the development, or reduction in the amount of parking may be authorized by the Planning Administrator without a public hearing. An example of a minor amendment could be the adjustment or relocation of an easement or slight realignment of a street due to a discovered geological feature. A minor amendment authorized by the Planning Administrator shall be reported, in writing, to the Plan Commission at its next regular meeting and entered into the project file.
   2. Substantial Amendments: If the Planning Administrator determines that the proposed modification adversely impacts or significantly changes the overall development; includes an increase in the number of lots; includes the designation of an additional land use, or requires a variance or waiver then the applicant shall be required to file a new application for Major Subdivision Primary Plat.

1. Purpose and Intent: The Major Subdivision Final Plat is used to check compliance with the Major Subdivision Primary Plat, to resolve all construction matters and special conditions such as construction techniques, materials and the like, as well as prepare the plans and documents for recording.
2. Project Applicability: Major Subdivisions shall meet the standards of this section.
3. Prerequisites:
   1. Primary Plat: The Application for Major Subdivision Primary Plat shall be approved by the Plan Commission prior to submitting for Final Plat approval.
   2. Conditions or Commitments: If the Primary Plat approval included commitments or conditions, those commit- ments and/or conditions shall be included on or with the Final Plat to be recorded.
   3. Infrastructure: All city controlled public infrastructure improvements proposed in the Major Subdivision Primary Plat shall be installed per the City of Carmel Engineering Standards, or the applicant shall have posted a performance surety that complies with Section 7.36: Surety Standards. Private infrastructure shall be installed per the respective entity’s standards.
   4. Time Limitation: The application and supporting material for Major Subdivision Final Plat approval shall be filed within three (3) years from the date the Major Subdivision Primary Plat was approved by the Plan Commission.
4. Filing Requirements:
   1. Application: An application for a Major Subdivision Final Plat shall be made on a form provided by the Planning Administrator.
   2. Required Information: The required information for a Major Subdivision Final Plat shall be as listed on the application form.
   3. Submittal Discretion: The Planning Administrator may waive any of the requirements listed on the application form for a Major Subdivision Final Plat, when it is clearly not relative to the application. Likewise, the Planning Administrator may require additional information that is not listed on the application form for a Major Subdivision Final Plat, when more information is clearly necessary to review for compliance.
   4. Copies Required: Two (2) paper copies and one (1) electronic copy (in .pdf file format) of the application and supporting material shall be submitted. The paper copy shall not exceed 24 by 36 inches.
   5. Deadline: Not applicable.
   6. Fees: Fees shall be paid after the docket number for the petition is assigned by a Planning Administrator. If the Plan Commission or Director of Community Services has to hire a professional engineer, professional planner, attorney, soil scientist, materials specialist, or other technician or professional in order to subsidize the City of Carmel’s staff capabilities necessary to review the proposed development, those fees shall be passed along to the applicant and shall be paid prior to Final Plat approval.
5. Formal Procedure:
   1. Assignment: The Planning Administrator shall review the application requesting Final Plat and all supporting information.
   2. Review: The applicant shall submit an application requesting Major Subdivision Final Plat and the supporting information to the Planning Administrator. The applicant shall also submit supporting information to members of the Technical Advisory Committee for review and consideration for approval. If applicable, the appropriate members of the Technical Advisory Committee shall review cost estimates for reasonableness in regard to Performance Surety. Each member shall submit comments or concerns in regard to the development to the Planning Administrator.
   3. Public Notice: Notice and public hearing shall not be required for Final Plat review and approval.
   4. Review and Decision: The Planning Administrator shall, based on comments from the Technical Advisory Committee, approve, approve with conditions, approve with commitments, or deny the Major Subdivision Final Plat.

6. Recording and Submittal for City Records: The Major Subdivision Final Plat, including applicable supporting information, easement agreements, commitments, and conditions shall be recorded at the Hamilton County Recorder’s office. Then, one (1) scanned electronic copy in .pdf (portable document format) along with two (2) paper copies of the recorded Major Subdivision Final Plat, proof of recording, supporting information, easement agreements, commitments, and conditions shall be submitted to the Planning Administrator for the City’s records. Both the recording and submittal for City records shall be completed within forty-five (45) days from the date it was signed by the Director of Community Services.
7. Transfer of Ownership Limitations: Lots created by the Major Subdivision Plat shall not be sold or otherwise change ownership until Monumentation is installed and Plat Recording is completed and submitted to the Planning Administrator.
8. Building Permit Limitation: No building permit shall be issued until proof of recording of the Major Subdivision Plat has been submitted.
9. Replats: A replat shall be required if substantial changes are requested to a Major Subdivision Final Plat. Substantial changes include: adding new lots, changing more than 10% of the lineal feet of street or infrastructure alignment, changing more than 10% of the total number of lot’s dimensions, and the like. A replat of an existing Major Subdivision Plat shall consist of two (2) processes. First, the plat, or the portion of the plat, shall be vacated in accordance with Indiana Code. Then, the parcel of land shall be platted using the Major Subdivision Plat process. The two (2) processes may be conducted in the same meeting with one (1) combined vote, but both approvals shall be acknowledged.

1. Purpose and Intent: An Administrative Subdivision provides the City of Carmel with the opportunity to expedite adjustments to property lines and mergers of existing lots into fewer lots when such adjustments are considered non-impacting to the town or surrounding properties.
2. Authorization: The Plan Commission delegates to the Planning Administrator to authorize, approve and sign any Administrative Subdivision as described in this section.
3. Project Applicability: An Administrative Subdivision can be used to modify the division of property within the planning jurisdiction, but only if the proposed modification meets the “Applicable Districts,” “Applicable Actions,” and “Prerequisites” standards listed below. All other divisions of land or alterations to property lines shall be processed as a Minor Subdivision or Major Subdivision.
   1. Applicable Districts: An Administrative Subdivision of land shall be permitted in the following zoning districts: P1, S1, S2, R1, R2, R3, R4, R5, UR, B1, B2, B3, B5, B6, B7, B8, C1, C2, UC, MC, I1, M3
   2. Applicable Actions: The following actions may use the Administrative Subdivision process. However, any action that does not clearly fit the below described actions, or that for any other reason necessitates more extensive review, can be denied use of the Administrative Subdivision process by the Planning Administrator. Such cases shall then be processed as a minor or major subdivision application, based on best fit.
      1. Merging Common Ownership Lots: The owner of two (2) to five (5) lots may merge them together as fewer buildable lots when the resulting lot(s) do(es) not create any new nonconformance or an escalation in nonconformance; and when there is no increase in public service demand, change to streets, or increase in the intensity of utilities.
      2. Splitting a Lot and Merging its Pieces with Two or More Adjacent Lots: Two (2) or more owners adjacent to a vacant lot may jointly purchase the lot, divide it, and merge all of the pieces with their buildable lot. If the lot is not void of structures, those structures would have to first be demolished and/or primary use dissolved, prior to application for an Administrative Subdivision.
      3. Adjusting Lot Lines: The owners of contiguous properties mutually agree to adjust a lot line separating their two (2) properties due to either a survey error or both owners mutually desiring the adjustment; as long as the adjustment does not result in any new nonconformance or an escalation in an existing noncon- formance; or does not reduce either’s lot area by more than twenty percent (20%).
      4. Subdividing a Duplex Lot: A lot on which a duplex is located and that the owner(s) of the property wish to split the lot at the common wall between the two (2) units, resulting in two (2) lots, each with a single dwelling unit; as long as the adjustment does not result in any new nonconformance or an escalation in an existing nonconformance.
      5. Large Lots: Any parcel split that results in all new lots being five (5) acres or greater in lot area; and when there is no internal streets being built or a change to perimeter streets due to the lot splits.
      6. Creating Non-Developable Land for Utilities and Infrastructure: A land trust, public utility or local govern- ment which acquires land for non-development purposes may process the transition and/or adjustment to property lines as an Administrative Subdivision. Non-development purposes includes not using the land for occupiable structures or communication towers. It is the expectation of this provision to be used to create parcels for below-grade pipes, wires and fiber, and at-grade drainage ways, green infrastructure, wetland or woodland mitigation, environmental protection, junction boxes, lift stations, inlets, and similar common and incidental utility features. A deed restriction, removing development rights shall be required.
      7. Removing a platted building setback line.
      8. Modifying a platted easement when agreed to by all vested parties.
4. Prerequisites:
   1. Eligible Applicant: An application for an Administrative Subdivision shall be initiated by the owner(s) of all applicable lots or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner(s) shall accompany the application.
   2. Removing Unnecessary Driveway(s): Under the actions listed in Section 9.13(C)(2)(a): Merging Common Ownership Lots and Section 9.13(C)(2)(b): Splitting a Lot and Merging its Pieces above, pre-existing drive- way(s) established for the dissolved lots shall be vacated and removed, including the apron within the right-of- way. The removal of said driveway and apron shall be subject to City Engineering Department’s engineering standards and review.

5. Administrative Subdivision Filing Requirements:
   1. Application: An application for an Administrative Subdivision shall be made on forms provided by the Planning Administrator.
   2. Supporting Information: The following supporting information shall accompany a completed application for an Administrative Subdivision. The Planning Administrator may waive in writing the submittal of unnecessary information relative to the application.
      1. Legal description of all lots involved, and
      2. Address for each lot involved, and
      3. Name and address of the owner(s).
   3. Site Plan: A Site Plan, drawn to a scale not less than one inch equals one hundred feet (1” = 100’), that includes the following items:
      1. North arrow and graphic scale,
      2. Adjacent streets, sidewalks, and easements,
      3. Boundary lines of each lot including all lot dimensions,
      4. Proposed adjustments with resulting: lot dimensions, lot area, and building setback lines,
      5. Footprint and dimensions of existing structures with measurements to property lines pre and post adjustments,
      6. Stamp of registered professional engineer or surveyor, and
      7. Any other information necessary to support a thorough review of the project as listed on the application form or from the Planning Administrator.
   4. Deadline: Not applicable.
   5. Submittal Material: Two (2) paper copies and one (1) electronic copy (in .pdf file format) of the application and supporting material shall be submitted. The paper copy shall not exceed twenty-four by thirty-six inches (24" X 36").
   6. Fees: Fees shall be paid after the docket number for the petition is assigned by a Planning Administrator. An application without the appropriate application fee shall not be considered substantially complete. Technical expertise necessary to review an Administrative Subdivision, that the City of Carmel does not have adequate proficiency, may result in hiring a professional consultant to conduct the review, or portions thereof, at the expense of the applicant.
6. Procedure and Approval:
   1. Review of Material: An application for an Administrative Subdivision, which is determined to be complete and in proper form by the Planning Administrator, shall be reviewed by the Planning Administrator for compliance with the Unified Development Ordinance.
   2. Decision: The Planning Administrator shall make a determination as to whether the application complies with the “Applicable Districts,” “Applicable Actions,” and “Prerequisites” standards written in Section 9.13(C): Project Applicability and Section 9.13(D)” Prerequisites. If the application is in compliance a Letter of Grant will be mailed to the applicant by the Planning Administrator.
   3. Report to Plan Commission: After approved, the Planning Administrator shall report said approval at the first regularly scheduled Plan Commission, or Residential Committee meeting thereafter. Such reporting may be verbal or a written report.
   4. Recording and Submittal for City Records: The Administrative Plat, including applicable supporting infor- mation and easement agreements shall be recorded at the Hamilton County Recorder’s office. Then, one (1) scanned electronic copy in .pdf (portable document format) along with two (2) paper copies of the recorded Administrative Plat, proof of recording, supporting information, and easement agreements shall be submitted to the Planning Administrator for the City’s records. Both the recording and submittal for City records shall be completed within forty-five (45) days from the date it was signed by the Planning Administrator.
   5. Failure to Record: If an approved Administrative Subdivision is not recorded within forty-five (45) days from the date of approval and signature, the application and approval shall be deemed void. The Planning Administrator shall report any failures to record to the Plan Commission at the first regularly scheduled Plan Commission meeting after discovering default occurred; and shall notify the applicant, and shall clearly note failure to record in the City’s records.
7. Development Restrictions: No building permit or Improvement Location Permit shall be issued until proof of recording has been submitted.

1. Purpose and Intent: It may become necessary to amend the text of the Unified Development Ordinance from time to time. The Plan Commission has the authority to hear a proposal to amend the text of the Unified Development Ordinance. The Plan Commission shall make a recommendation to the Common Council concerning a proposal to amend the text of the Unified Development Ordinance. The Common Council has the power to approve or reject a proposal to amend the text of the Unified Development Ordinance.
2. Project Applicability: Any proposal to add, remove, or alter a provision of the Unified Development Ordinance (i.e. Text Amendment) shall follow the process outlined in this section.
3. Prerequisites:
   1. Eligible Applicants: Members of the Common Council or members of the Plan Commission may initiate a proposal to amend the text of the Unified Development Ordinance. Persons who wish to propose an amend- ment to the text of the Unified Development Ordinance and who are not members of the Common Council or Plan Commission shall find a sponsor among the Common Council or the Plan Commission to introduce the proposal.
4. Filing Requirements:
   1. Proposal: A proposal for an amendment to the text of the Unified Development Ordinance shall be prepared by the Planning Administrator upon the direction of either the Common Council or the Plan Commission.
5. Formal Procedure: The process for a Unified Development Ordinance Text Amendment, including public notice, public hearing, and review, shall be per the Plan Commission’s Rules and Procedures.
   1. Effective Date: Unless an amendment to the text of the Unified Development Ordinance provides for a later effective date, the amendment shall be effective when it is adopted under IC 36‑7‑4‑607.
6. Proposals to Amend or Partially Repeal the Text of the Unified Development Ordinance: The following procedure applies to a proposal to amend or partially repeal the text (not the Official Zoning Map) of the Unified Development Ordinance:
   1. The proposal may be initiated by either the Plan Commission or the Common Council; however, if the Common Council initiates the proposal, it shall require the Plan Commission to prepare it.
   2. The Plan Commission shall prepare the proposal so that it is consistent with applicable state law.
   3. In considering the proposal, both the Plan Commission and the Common Council shall pay reasonable regard to:
      1. The Comprehensive Plan;
      2. Current conditions and the character of current structures and uses in each district;
      3. The most desirable use for which the land in each district is adapted;
      4. The conservation of property values throughout the City of Carmel and Clay Township; and
      5. Responsible development and growth.
   4. The Plan Commission shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure.
   5. Within five (5) business days after the Plan Commission determines its recommendation (if any), the Plan Commission shall certify the proposal to the Common Council with a favorable recommendation, an unfavor- able recommendation, or no recommendation from the Plan Commission.
   6. The Common Council shall vote on the proposal within ninety (90) days after the Plan Commission certifies the proposal. The Common Council’s consideration of the proposal is governed by IC 36‑7‑4‑607.
   7. If the proposal is adopted, the Plan Commission shall print the amendments to the Zoning Ordinance in book or pamphlet form, or arrange for them to be included in the City’s Code of Ordinances.
   8. Unless the proposal provides for a later effective date, the amendments contained in the proposal take effect when the proposal is duly adopted, except for any provision prescribing a penalty or forfeiture for a violation, which shall not take effect until the Plan Commission complies with the applicable notice and filing require- ments described in IC 36‑7‑4‑610.

1. General: The Board of Zoning Appeals may authorize in specific cases such variance from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of said ordinances will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done.
2. Use Variance: In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of use, the Board of Zoning Appeals shall determine in writing that:
   1. The approval will not be injurious to the public health, safety, morals and general welfare of the community;
   2. The use and value of the area adjacent to the property included in the variance will not be affected in a substan- tially adverse manner;
   3. The need for the variance arises from some condition peculiar to the property involved;
   4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
   5. The approval does not interfere substantially with the Comprehensive Plan.
3. Development Standards Variance: In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of development standards, the Board of Zoning Appeals shall determine in writing that:
   1. The approval will not be injurious to the public health, safety, morals and general welfare of the community;
   2. The use and value of the area adjacent to the property included in the variance will not be affected in a substan- tially adverse manner; and
   3. The strict application of the terms of the Zoning Ordinance will result in practical difficulties in use of the property.
4. Variance Procedure:
   1. Consultation with the Director of Community Services and Application: Applicants shall meet with the Director of Community Services to review the zoning classification of their site, review the regulatory ordi- nances and materials, review the use and development of the property and to consider the proposed variance. The Director of Community Services shall aid and advise the applicant in preparing his application and supporting documents as necessary. The applicant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials.
   2. Initial Review of the Application and Supporting Documents and Materials by the Director of Community Services: Following the receipt of the written variance application and necessary supporting documents and materials by the Director of Community Services, he shall then review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Board of Zoning Appeals. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director of Community Services shall inform the applicant of the deficiencies in his materials. Unless and until the Director of Community Services formally accepts the variance application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to the succeeding steps toward approval of the variance application as hereinafter set forth. The variance application is formally filed when it is placed upon the Board of Zoning Appeals agenda by the Director of Community Services, according to the Board of Zoning Appeal’s Rules of Procedure.
   3. Public Hearing by the Board of Zoning Appeals: Once the Director of Community Services has accepted and filed the variance application with the Board of Zoning Appeals, he shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedures of the Board of Zoning Appeals. The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board of Zoning Appeals. The conduct of the public hearing shall be in accordance with the Board of Zoning Appeal’s Rules of Procedure.
   4. Approval or Denial of the Application by the Board of Zoning Appeals: Following the public hearing on the variance application, the Board of Zoning Appeals shall approve or deny the application. The Board of Zoning Appeals, upon approval of a variance application, may at its discretion determine the length of time the variance shall run. The variance may be permanent or it may be set for a reasonable period subject to renewal upon expiration. The Board of Zoning Appeals shall notify the Director of Community Services and the applicant of its decision on the variance application, including all conditions contained as a part thereof. The Director of Community Services shall notify the applicant of the time limits set forth in Section 9.15(D) (5): Time Limit. All further actions taken by the applicant or the Director of Community Services concerning the situation for which the variance is filed, including the issuance of an Improvement Location Permit, shall be subject to said ruling of the Board of Zoning Appeals. Failure of the Director of Community Services to inform the applicant of the time limits set forth in Section 9.15(D)(5): Time Limit shall not relieve the applicant of complying with said Section. A use variance application that is denied by the Board of Zoning Appeals is ineligible to be placed again on the Board of Zoning Appeal’s agenda for consideration until the legality of the Board of Zoning Appeal’s decision is finally determined by a court, pursuant to judicial review according to the Advisory Planning Law, or for a period of twelve (12) months following the date of the denial, whichever is later. In addition, whenever a use variance application is denied, the property involved in the application shall not be the subject of a different use variance application, or any Special Use application or rezone proposal, for a period of six (6) months follow- ing the date of the denial. The Board of Zoning Appeals may include, in its Rules of Procedure, reasonable time limits respecting the future consideration of development standards variance applications that are denied by the Board of Zoning Appeals.
   5. Time Limit: Any variance which is granted by the Board of Zoning Appeals on a temporary, renewable basis, under the procedures set forth in this Section, shall have been effected within the period of time for which it was granted or said variance shall become null and void. Any variance granted by the Board of Zoning Appeals on a permanent basis, under the procedures set forth in Section 9.15: Variance, shall be effected or shall be part of a project on which continuous construction has commenced within three (3) years from the date of the granting of said variance or it shall become null and void. Upon application to the Director of Community Services before the expiration of said approval, and upon good cause shown, said approval may receive a single extension for a period not to exceed six (6) months.
5. Conditions Relating to Board of Zoning Appeals Actions in the Flood Plain Districts: The Board of Zoning Appeals shall not exercise any of its powers (e.g., Special Uses, Variances, Appeals, etc.) in a floodplain until the Board of Zoning Appeals has received written approval from the Indiana Natural Resources Commission. The Board of Zoning Appeals shall not vary flood protection grade requirements in the floodplain without written approval from the Indiana Natural Resources Commission.
6. Review by Certiorari: Every decision of the Board of Zoning Appeals shall be subject to judicial review, according to the Advisory Planning Law.
7. Alternate Procedure:
   1. Hearing Officers: Qualifications, Appointment and Removal. Pursuant to IC 36‑7‑4‑923, the Plan Commission hereby establishes the position of Hearing Officer. A Hearing Officer shall be a member of the Board of Zoning Appeals, a former member of the Board of Zoning Appeals, a Zoning Official, or an attorney licensed to practice law in Indiana. One (1) or more Hearing Officers shall be appointed by the Plan Commission. A Hearing Officer may be removed from his or her responsibilities at any time by the Plan Commission.
   2. Powers of Hearing Officers: A Hearing Officer has the power of the Board of Zoning Appeals to approve or deny (1) a variance from the development standards of the Zoning Ordinance, in accordance with IC 36‑7‑4‑ 918.5; or (2) a special use from the terms of the Zoning Ordinance, in accordance with IC 36‑7‑4‑918.2.
   3. Procedural Rules Governing Hearing Officers: Except as provided in Section 9.15(G): Alternate Procedure, all procedural requirements imposed by the Rules of Procedure of the Board of Zoning Appeal, by the Unified Development Ordinance, and by IC 36‑7‑4‑900 et seq. apply generally to the alternate procedure. Specifically, the provisions of IC 36‑7‑4‑920(g) regulating communication with any member of the Board of Zoning Appeals shall be construed to prohibit communication by any person (other than the staff as permitted by law) with a Hearing Officer before the hearing with intent to influence the Hearing Officer’s action on a matter pending before him or her.
   4. Docketing of Matters; Copies to Members of the Board of Zoning Appeals: After the Director of Community Services has formally accepted any Developmental Standards Variance, or Special Use application as complete and in legal compliance, the Director of Community Services may, if the Director of Community Services believes that it would allow for more expedient disposition of the application, place the matter upon a Hearing Officer’s agenda instead of placing the matter upon the Board of Zoning Appeal’s agenda. Copies of each Hearing Officer’s agenda shall also be submitted to all members of the Board of Zoning Appeal, no less than ten (10) days before the Hearing Officer’s hearing of the matters on that agenda. Any member of the Board of Zoning Appeals may then communicate with the Director of Community Services if, in the opinion of the member, the application should be placed upon the Board of Zoning Appeal’s agenda.
   5. Transfer to Board of Zoning Appeal’s Agenda: The Director of Community Services may, not less than five (5) days before a hearing before a Hearing Officer, remove any application from the Hearing Officer’s agenda if, in the opinion of the Director of Community Services: (1) the approval of the Developmental Standards Variance or Special Use may be found to be injurious to the public health, safety, morals, and general welfare of the community; or (2) the use or value of the area adjacent to the property included in the variance, use, or excep- tion may be found to be affected in a substantially adverse manner. If the Director of Community Services removes an application from a Hearing Officer’s agenda, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board of Zoning Appeals if requested by the applicant.
   6. Conditions Proposed by Director; Transfer to Board of Zoning Appeal’s Agenda: The Director of Community Services may, not less than five (5) days before a hearing before a Hearing Officer, indicate that he or she does not object to the approval of a Developmental Standards Variance or Special Use by the Hearing Officer if specified Conditions are attached. If the applicant does not accept these Conditions, the application shall be considered withdrawn, or shall be transferred
   7. Imposition of Conditions by Hearing Officer; Commitments by Property owner; Transfer to Board of Zoning Appeal’s Agenda: Following the hearing of an application under the alternate procedure, a Hearing Officer may impose Conditions and may permit or require the owner of a parcel of property to make a written Commitment concerning the use or development of that parcel, as provided in IC 36‑7‑4‑1015 and the Rules of Procedure of the Board of Zoning Appeals. If the applicant fails to accept these Conditions or fails to make the Commitment, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board of Zoning Appeals if requested by the applicant. The Hearing Officer shall not modify or terminate any Commitment, whether made under the alternate procedure or pursuant to an approval by the Board of Zoning Appeals. Such a Commitment may be modified only by the Board of Zoning Appeals itself.
   8. Review of the Decisions of the Hearing Officer: A decision of a Hearing Officer shall not be a basis for judicial review, but it may be appealed to the Board of Zoning Appeals. The Board of Zoning Appeals shall conduct a new hearing on the matter and shall not be bound by any Findings of Fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the Board of Zoning Appeals within fourteen (14) days after the decision is made, as provided in IC 36‑7‑4‑924.

1. Purpose and Intent: When the Plan Commission finds that an extraordinary hardship or practical difficulty would result from strict compliance with Article 7: Design Standards and/or that the purposes of these regulations may be served to a greater extent by an alternative proposal, the Plan Commission may approve a Design Standard Waiver such that substantial benefit be achieved or the public interest served, provided that such Design Standard Waivers does not have the effect of subverting the intent and purpose of the Unified Development Ordinance.
2. Prerequisites:
   1. Primary Plat or Replat Application: The applicant shall only file a Design Standard Waiver application in conjunction with a Primary Plat or Replat application.
   2. Design Standards: The waiver shall be in regard to design standards in Article 6: SubdivisionTypes and Article 7: Design Standards. All relief request from Article 3: Overlay Districts, Article 5: Development Standardsand all other zoning related provisions shall be subject to the Variance procedure with the Board of Zoning Appeals, or Waiver of Development Standards procedure with the Plan Commission.
3. Application:
   1. Filing Deadline: The applicant shall apply for a Design Standard Waiver in conjunction with the applicant’s Primary Plat application.
   2. Supportive Information: The application shall include the necessary documentation as listed on the application form and/or as determined by the Planning Administrator based on specific circumstances of the particular project. The application shall include, but not be limited to, the following documents:
      1. The application shall identify the Design Standards provision that is being requested to be waived or reduced, the justification for the request, and a statement as to why the waiver will not subvert or diminish the intent and purpose of the Unified Development Ordinance, particularly the subject development’s Subdivision Type, its intent and the applicable Design Standards.
      2. Additional Information: Additional information may be required by the Planning Administrator when necessary to evaluate the requested Design Standards Waiver.
4. Fees: Fees shall be paid after the docket number for the petition is assigned by a Planning Administrator.
5. Planning Administrator:
   1. Complete Submittal: Once the Planning Administrator has determined that the applicant has made a complete submittal, the Planning Administrator shall:
      1. Docket Number: Assign the item a docket number;
      2. Agenda: Place the item on an agenda of the Plan Commission with the Primary Plat or Replat;
      3. Notification: Inform the applicant of the time, date, and place of the meeting.
   2. Inspection: The Planning Administrator may inspect at any reasonable time the site and any structure thereon if it relates to the requested Design Standard Waiver application.
   3. Department Report: The Planning Administrator will prepare a staff report outlining its findings with respect to the Design Standard Waiver request.
6. Plan Commission:
   1. Public Notice: Public notice shall be conducted per the Plan Commission Rules of Procedure.
   2. Attendance: The applicant or the applicant’s representative is required to be present at the Plan Commission meeting to address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in denial of the request, continuance or other actions as may be denoted in the Plan Commission Rules of Procedure.
   3. Public Hearing: A public hearing shall be held in accordance with the Plan Commission Rules of Procedure. The public hearing may be held concurrently with the public hearing for the Primary Plat or Replat.
   4. Review of Application: At their regularly scheduled meeting, the Plan Commission shall review:
      1. The application and supportive material submitted by the applicant;
      2. The Primary Plat;
      3. The testimony of the applicant;
      4. Relevant evidence presented by interested parties;
      5. The Comprehensive Plan;
      6. Any applicable provisions of the Unified Development Ordinance;
      7. Any applicable requirements of the City of Carmel Engineering Standards;
      8. The Planning Administrator report; and
      9. Such other additional information as may be necessary or required by the Plan Commission to evaluate the application.
   5. Findings of Fact:
      1. The Plan Commission shall not approve a Design Standard Waiver unless it makes favorable findings based upon the evidence presented to it in each specific case. Specifically, the findings shall include that:
         1. The granting of the Design Standard Waiver will not be detrimental to public safety, health, or welfare, or otherwise be injurious to other property; and
         2. The conditions upon which the request for a Design Standard Waiver is based are unique to the property for which the Design Standard Waiver is sought and are not applicable generally to other property; and
         3. Because of unique circumstances, a particular hardship or practical difficulty would result if the strict letter of these regulations is carried out. Financial hardship, inconvenience or difficulty shall not constitute grounds for a Design Standard Waiver.
         4. The Design Standard Waiver shall not in any manner subvert the provisions of Article 5: Development Standards, the Comprehensive Plan, particularly the Bike and Pedestrian Plan.
      2. Certification:
         1. Signed: The findings document, whether finding in the affirmative or not, shall be signed by the President of the Plan Commission and filed with the Primary Plat.
         2. Notification: The Plan Commission shall furnish the applicant with a copy of its decision.
   6. Decision: The Plan Commission shall either:
      1. Approve the application;
      2. Approve the application with conditions and/or commitments;
      3. Deny the application; or
      4. Continue the application to a definite future meeting date.
   7. Commitments:
      1. Acceptance: In conjunction with the approval of a Design Standard Waiver, the Plan Commission may permit or require the applicant to make written commitments that remedy concerns.
      2. Form: The applicant shall prepare the commitment instrument, if applicable, in a form approved by the City Attorney. The applicant and the President of the Plan Commission shall sign the commitment instrument.
      3. Recording: The applicant shall record the commitment instrument in the Hamilton County Recorder’s office with the Primary Plat. The applicant shall deliver receipt and a copy of the recorded commitment instrument to the Planning Administrator before submitting a Final Plat application.
      4. Modification or Termination: A commitment made under this section may be modified or terminated only by a decision of the Plan Commission made at a public hearing. Public notice of the public hearing shall be provided per the Plan Commission Rules of Procedure. The applicant shall prepare and record a commitment modification instrument or commitment termination instrument in the same manner required for a commitment instrument. A modified commitment shall be enforced in the same manner as any other commitment.
      5. Enforcement: The City may enforce any commitment the Plan Commission has accepted as if the commit- ment were a standard of the Unified Development Ordinance.
   8. Revisions to the Primary Plat: Following Plan Commission approval of a waiver, the applicant shall submit revised copies of the Primary Plat that address the comments and concerns of the Plan Commission, when applicable. The Planning Administrator shall determine if the submitted changes are consistent with the Plan Commission’s decisions prior to the applicant recording the Primary Plat.

1. Applicability: The waivers described in Section 9.17: Waiver of Development Standards shall only apply to the following Primary Zoning Districts (See icons below) and in an Overlay District: P1, R4, R5, UR, B1, B2, B3, B5, B6, B7, B8, C1, C2, UC, MC, I1, M3
2. General: The applicant may apply for a Zoning Waiver of the dimensional and quantitative standards by not greater than thirty-five percent (35%), consistent with requirements set forth below:
   1. The proposal shall be in harmony with the purposes and the land use standards contained in Section 9.17: Waiver of Development Standard.
   2. The proposal shall enhance the overall Development Plan, the adjoining streetscapes and neighborhoods, and the surrounding area.
   3. The proposal shall not produce a site plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan, the surrounding area, and shall not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air.
   4. The proposal exhibits extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, public art, provisions for bicycles and/or mass transit, reduced surface parking coupled with provisions for above or below ground parking facilities.
   5. In granting a waiver, the Plan Commission may impose such conditions that will, in its judgment, secure the purposes of Section 9.17: Waiver of Development Standard. Section 9.17(B)(5) does not affect the right of an applicant under Indiana law to petition the Board of Zoning Appeals for a variance from development standards, as provided in IC 36‑7‑4‑918.5 and the Unified Development Ordinance.