This ordinance shall be formally known as the “Carmel Unified Development Ordinance,” and may be cited and referred to as“this Ordinance,” “Zoning Ordinance,” “Subdivision Control Ordinance,” or “Unified Development Ordinance.”

The City of Carmel’s Zoning Ordinance and Subdivision Control Ordinance have been combined into one ordinance for the purpose of maintaining consistency, shortening the overall length of the two (2) documents, and to improve user-friendliness for the end users. Article 1, 7, 8, 9, 10, and 11 are shared by both the Zoning Ordinance and Subdivision Control Ordinance. Articles 2, 3, 4, and 5 are exclusively Zoning Ordinance components. Article 6 is exclusively a Subdivision Control Ordinance component.

Words used in a special sense in the Unified Development Ordinance are defined in Article 11: Definitions.

This Unified Development Ordinance is intended to guide the growth and development of the City in accordance with the laws of the State of Indiana, local ordinances and regulations and the Carmel Comprehensive Plan, and for the following purposes:

1. Basic Rights: To secure adequate light, air, convenience of access and safety from fire, flood and other dangers, which may include providing adequate open spaces for light, air, and outdoor uses.
2. General Welfare: To promote the public health, safety, morals, comfort, convenience, and general welfare.
3. Development and Growth: To promote orderly, responsible, and beneficial development and growth of the areas within the planning jurisdiction in accordance with the City’s land use policy.
4. Quality Divisions of Land: To establish: the proper arrangement and design of streets and pedestrian facilities; adequate open space; necessary provision for public utilities and other public facilities; non-monotonous devel- opment; low impact development; and other requirements that will promote conditions favorable to the health, convenience, and prosperity of the citizens.
5. Character: To protect the character and stability of residential, institutional, commercial, industrial, historical, and natural areas.
6. Circulation and Safety: To minimize or avoid congestion on public streets, sidewalks, multi-use paths, and trails; and to ensure safe, convenient, and efficient vehicular, bicycle, and pedestrian circulation.
7. Compatibility: To bring about compatibility between different land uses and to protect the scale and character of existing development from the encroachment of incompatible uses or intensity.
8. Intensity: To regulate and limit the use of buildings, structures, and land when deemed necessary for compatibility, infrastructure capacity, and compliance with the Carmel Comprehensive Plan.
9. Public Service: To define the powers and duties of administrative officials and bodies, and to establish procedures for the implementation and enforcement of the Unified Development Ordinance.
10. Compliance: To require ongoing compliance with the regulations and punitive recourse for noncompliance regard- ing the provisions of the Unified Development Ordinance.
11. Environmental Integrity: To preserve and enhance the scenic beauty, aesthetics, and environmental integrity of the City.

This Unified Development Ordinance is adopted by the City of Carmel pursuant to its authority under the laws of the State of Indiana, IC 36‑7‑4 et seq. Whenever any provision of the Unified Development Ordinance refers to or cites a section of the Indiana Code and that section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

Unless specifically indicated by superseding jurisdiction, this Ordinance applies to all incorporated land within the City of Carmel.

1. Zoning Regulations: Except as hereinafter provided, no structure shall be placed, erected, constructed, reconstructed, moved, structurally altered, converted, enlarged, or used; nor shall any land be used; nor shall any existing use be changed or expanded except when in full compliance with all provisions of this Ordinance and the permits and approvals required herein have lawfully been issued. Compliance also includes instances where a variance has been granted by the Board of Zoning Appeals. Land uses and structures that do not comply with the Unified Development Ordinance, may be grandfathered (i.e. a legal nonconformance) if they were legally established under previous zoning ordinance or subdivision control ordinances. For information regarding legal nonconformances, See Article 8: Nonconformances.
2. Subdivision Control Regulations: No subdivision of land, merging of parcels, shifting of a lot line, replat, amendments to a plat, conversion of common area, modification to a written commitment or condition imposed by the Plan Commission during the platting process, or any other alteration to a platted lot or subdivision shall be permitted except when in full compliance with all applicable provisions of the Unified Development Ordinance and IC 36-7-4-700 Series. Compliance shall include instances where Plan Commission legally granted. Further, no final action shall be complete until all required signatures have been entered in writing and applicable recordings have been completed. See Article 9, Section 9.10: Subdivision, Minor ‑ Plat, Article 9, Section 9.11: Subdivision, Major ‑ Primary Plat, and Article 9, Section 9.13: Subdivision, Administrative for the applicable processes.
3. Compliance With Current Standards: All Improvements and installations required by this Ordinance shall be in accordance with current standards of the City of Carmel.
4. Effect on PUD: Structures and Improvements within an approved Planned Unit Development (PUD) shall follow the development requirements contained in the approved PUD Ordinance, unless PUD Ordinance is silent on a particular matter, then this Ordinance shall control.
5. Thoroughfare Plan: In addition to meeting requirements of Americans with Disabilities Act (ADA), all projects, Improvements, or authorizations that adjoin, include, are served by or affect existing streets bearing a designation in the Comprehensive Plan shall conform to the requirements of the Thoroughfare Plan map, Street Typologies, Streetscape Facilities, Mobility and Pedestrian Plan Sections of the Comprehensive Plan (collectively “Thoroughfare Plan”) in regard to:
   1. The design and minimum development standards for Rights-of-way including any required dedications of public Right-of-Way;
   2. Design and construction of the improvements indicated by the Thoroughfare Plan across the roadway frontage of the project;
   3. Applicable setback; and
   4. Any other affected development standards.
6. Monetary Commitment In-lieu-of Compliance: The petitioner may elect to provide a monetary commitment equal to the value to otherwise design and construct the improvements indicated by the Thoroughfare Plan across the roadway frontage. The value of the commitment shall be equal to the difference in the value to otherwise design and construct the improvements indicated by the Thoroughfare Plan across the roadway frontage, minus the cost to design and construct those improvements indicated by the Thoroughfare Plan across the roadway frontage that will be installed by the petitioner. The values established above shall be approved by the Department of Engineering. In making such approvals, the Engineering 145 Department shall take into consideration the effects and overall additional burden of the 146 proposed development or Improvement on the City’s infrastructure and whether the 147 required monetary commitment is roughly proportionate to such effects and burden.
   Conformance with the Thoroughfare Plan as outlined above shall be in addition to any improvements required:
   1. On the application form for a Subdivision;
   2. In Article 9, Section 9.03(B)(2)(e)(v): Service Reports; and
   3. Any other applicable standards.
7. Petitions Excluded from Compliance: The following petition types are excluded from the requirements of subsections E and F above:
   1. Development Standard variances.
   2. Residential and Non-Dwelling Short-Term Rental special exception.
   3. ADLS-only petitions.
   4. Waivers of Development Standard.
8. Transition from Overlay Districts to Primary Zoning Districts: Any pre-existing commitments and/or conditions of approval applicable to a development that was approved under the former US-31 Overlay District or Old Meridian Overlay District shall run with the land and shall remain in effect. Release from any pre-existing commitment and/ or condition of approval requires a Plan Commission public hearing and approval.

If any provision or the application of any provision of this Ordinance is held unconstitutional or invalid by any court of competent jurisdiction or applicable state or federal law, all remaining provisions of the Ordinance and the application of the unconstitutional or invalid provision to other circumstances shall not be affected.

1. Minimum Requirements: The provisions of the Unified Development Ordinance are the minimum requirements necessary for the protection of the health, safety, comfort, morals, convenience, and general welfare of the Carmel residents and visiting public.
2. Conflict or Inconsistency:
   1. Internal: Unless otherwise specifically stated herein, if two or more provisions of the Unified Development Ordinance are in conflict or are inconsistent with one another, then the more restrictive provision shall apply.
   2. Federal, State, and Local:
      1. Whenever a provision of the Unified Development Ordinance imposes a greater restriction or a higher standard than is required by any state or federal code or regulation, or other City ordinance or regulation, the provision of the Unified Development Ordinance shall apply unless specifically preempted by such code or regulation.
      2. Whenever a provision of any State or federal code or regulation or other City ordinance or regulation imposes a greater restriction or a higher standard than is required by the Unified Development Ordinance, the provision of the State or federal code or regulation or other City ordinance or regulation shall apply.
   3. Other: Whenever a private covenant, contract, easement, agreement or other similar private land use regulation imposes a greater restriction or a higher standard than is required by a provision of the Unified Development Ordinance, the City of Carmel is not obligated to enforce the provisions of such private covenants, contracts, agreements or other similar regulation. Unless specifically provided herein, the City of Carmel shall not consider, interpret, or enforce private covenants, contracts, easements, restrictions, or other private agreements.
3. Text: In case of discrepancies between the Unified Development Ordinance text and any drawing, table, figure, title, or section heading, the text shall govern..
4. Time Frames: Unless specifically noted otherwise, time frames stated within the Unified Development Ordinance shall be calculated to include weekdays, weekends, and holidays. If a time frame ends on a Saturday, Sunday, or holiday that the City offices are closed, the time frame will be extended to the end of the next business day.
5. Building or Structure: The word “building” or “structure” includes any part thereof, unless clearly indicated other- wise. The word “building” and “structure” may be utilized interchangeably, unless clearly indicated otherwise.
6. Petitioner or Applicant: The word “petitioner” and “applicant” and variations thereof may be used interchangeably, unless clearly indicated otherwise.
7. Mandatory and Permissive Terms: The words “shall” or “must” are always mandatory. The words “may” is permissive. The word “should” is a preferred concept or idea.
8. Words Used: Any Legal or technical word used in this Ordinance that is not defined in Article 11: Definitions shall be construed to be as defined by an appropriate lexicon, legal dictionary or common and current dictionary as determined by the Director of Community Services. Any other word used that is not defined in Article 11: Definitions shall be determined by a common and current dictionary. Under all circumstances the context and inference from surrounding text shall be considered.
9. Tense: If words are used in a specific tense (past, future, or present) it shall be construed to include all tenses, unless the context clearly indicates a single tense.
10. Singular/Plural Form: If words are used in singular form, the plural form shall apply and vice versa, unless the context clearly indicates the contrary.
11. Gender: If a feminine term is used, the masculine shall also apply and vice versa.
12. Conjunctions: The word “and” shall be construed to include all connected items in a series, conditions and provisions. The word “or” shall be construed to include one or more of the items in a series, conditions and provisions, unless the context clearly suggests the contrary.
13. Rounding: If a formula is used within this Ordinance or referenced City regulation, policy or guidance results in a non-whole number of an indivisible object or feature, the non-whole number shall be rounded to the next highest whole number.
14. Ownership: Cooperatives, condominiums and all other forms of property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership. Further, properties developed with internal streets, pedestrian facilities and parking areas shall observe all regu- lations as if those streets and parking areas are public infrastructure (e.g. setbacks would be measured from those streets, pedestrian facilities, and parking areas as if they were a public right-of-way).
15. References: Whenever any agency, department, position, document, map, or publication referenced in the Unified Development Ordinance changes, the new or substitute agency, department, position, document, map, or publica- tion shall be deemed incorporated into the Unified Development Ordinance.

1. The following City of Carmel ordinances are hereby repealed and are replaced by the City of Carmel Unified Development Ordinance and Official Zoning Map:
   1. Zoning Ordinance: The Zoning Ordinance of the City of Carmel, Indiana as amended, and its associated Zoning Map (Chapter 10 Article 1of the City’s Code of Ordinance), and
   2. Subdivision Control: The Subdivision Control Ordinance of the City of Carmel, Indiana as amended (Chapter

10 Article 2of the City’s Code of Ordinance).

The Director of Community Services shall have the primary responsibility for administration of this Ordinance.

At the direction of the Office of Corporation Counsel, Code Enforcement shall have the primary responsibility for enforcement of this Ordinance. The Common Council, Plan Commission, and BZA can authorize enforcement of conditions and conditions of approvals made before them.

This Unified Development Ordinance shall not be construed as eliminating or reducing any right granted or responsibility imposed pursuant to, an existing law or previous Zoning Ordinance, Subdivision Control Ordinance, or related ordinance. This Unified Development Ordinance shall not be construed as discontinuing, reducing, modifying, or altering any penalty accrued or accruing under said regulations.

Any right-of-way vacated by the City of Carmel shall automatically be assigned the zoning district from the adjacent property(ies). If one (1) or more zoning districts surround the vacated right-of-way then those zoning districts shall only be extended to the centerline of the former right-of-way, following the newly established property lines, if applicable. Partial vacations of a right-of-way shall extend only the adjoining zoning district(s) to include all vacated area.

Whenever Indiana Code cited in the Unified Development Ordinance has been amended or superseded, the Unified Development Ordinance shall be deemed amended in reference to the new or revised code.

The Subdivision of land may occur in accordance with Article 6: Subdivision Types and Article 7: Design Standards in all zoning districts established in Section 1.17: Zoning Districts Established.

The City of Carmel planning jurisdictional area is hereby divided into the following districts:

1. Primary Zoning Districts:
   1. P1 Park and Recreation District
   2. S1 Residence District
   3. S2 Residence District
   4. R1 Residence District
   5. R2 Residence District
   6. R3 Residence District
   7. R4 Residence District
   8. R5 Residence District
   9. UR Urban Residential District
   10. B1 Business District
   11. B2 Business District
   12. B3 Business District
   13. B5 Business District
   14. B6 Business District
   15. B7 Business District
   16. B8 Business District
   17. C1 Mixed-Use District
   18. C2 Mixed-Use District
   19. UC Urban Core District
   20. MC Meridian Corridor District
   21. I1 Industrial District
   22. M3 Manufacturing District
   23. PUD Planned Unit Development District
2. Secondary Zoning Districts:
   1. Home Place Overlay District
   2. Keystone Parkway Overlay District
   3. Monon Greenway Overlay District
   4. Old Town Overlay District
   5. Range Line Road Overlay District
   6. US 421 - Michigan Road Overlay District
   7. West 116th Street Overlay District

The two-page layout for each Primary Zoning District in Article 2: Zoning Districts identifies land uses allowed in that district as a Permitted Use or Special Use as denoted by the headings of “Permitted Use,” and “Special Use,” on each two-page layout.

1. General: Any land use not listed in Article 2: Zoning Districts in either the Permitted Use or Special Use, sections shall be prohibited in that Primary Zoning District.
2. Administrative Interpretation: A land use not explicitly listed as a Permitted or Special Use within a Primary Zoning District may be deemed permitted by interpretation of the Planning Administrator, provided it is substantially similar to a listed Permitted or Special Use in that same district. This review will assess the use's consistency with the intent of each district and its compatibility with the characteristics of permitted uses within those districts. Based on this review, the Planning Administrator will determine the appropriate district for the unlisted use. If an aggrieved party disagrees with the Planning Administrator's determination, they may appeal the decision to the Board of Zoning Appeals.

1. Territory within the planning jurisdiction is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of the Unified Development Ordinance.
2. The Official Zoning Map shall be identified by the signature of the Mayor and the City Clerk under the words “Official Zoning Map,” together with the date of the adoption of the Unified Development Ordinance.
3. Regardless of the existence of purported copies of the Official Zoning Map which may, from time to time, be made or published, the Official Zoning Map shall be located in the office of the City Clerk and shall be the final authority as to the current zoning status of land and water areas, buildings and other structures within the Jurisdiction of the Plan Commission.
4. Interactive Zoning Map is available online at https://www.carmel.in.gov/government/departments-services/community-services/zoning-map-tools.

1. If the Common Council amends district boundaries or other matters portrayed on the Official Zoning Map, in accordance with this Unified Development Ordinance and applicable state law, the Director of Community Services shall enter these changes on the Official Zoning Map within ninety (90) days of the amendment's approval.
2. No change of any nature shall be made to the Official Zoning Map, or matter shown thereon, except in conformity with the amendment procedures set forth in the Unified Development Ordinance.

1. In the event that the Official Zoning Map becomes damaged, lost, or difficult to interpret because of the number of changes and additions, the Common Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof.

1. Where uncertainty exists as to the exact boundaries of any district as shown on the Official Zoning Map, the following rules shall apply:
   1. In subdivided areas, or where a district boundary subdivides a lot, the exact location of the boundary shall be determined by use of the scale of the Official Zoning Map.
   2. In the case of further uncertainty, the Board of Zoning Appeals shall interpret the intent of the Official Zoning Map as to the location of the boundary in question.
2. The Official Zoning Map, which accompanies and is hereby declared to be a part of the Unified Development Ordinance, shows the boundaries of and the area covered by the district. Notations, references, indications and other matters shown on the Official Zoning Map are as much a part of the Unified Development Ordinance as if they were fully described herein.
3. In determining the boundaries of districts and establishing the regulations applicable to each district, due and careful consideration has been given to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted, and the conservation of property values throughout the City.

The authority and duties of the Common Council pursuant to state law and this Ordinance are:

1. Consider amendments to the text of this Ordinance.
2. Consider amendments to the Official Zoning Map.
3. Adopt Comprehensive Plan.

The authority and duties of the Plan Commission pursuant to state law and this Ordinance are:

1. Advise the Common Council in writing on amendments to the written zoning regulations.
2. Advise the Common Council in writing on amendments to the Official Zoning Map.
3. Consider Development Plan and ADLS applications for all applicable Primary Zoning Districts, including Planned Unit Development Districts.
4. Consider Development Plan and ADLS applications for Overlay Zoning Districts.
5. Consider applications for subdivisions of land (i.e. Plats) and waivers of design standards.
6. Accept commitments and impose conditions as permitted by state law and this Ordinance.
7. Delegate to a committee, a hearing examiner, a hearing officer, or any other zoning official the authority to hold hearings, make decisions, or conduct secondary reviews under this Ordinance and pursuant to IC 36‑7‑3‑10, IC 36‑7‑4‑402, IC 36‑7‑4‑407, IC 36‑7‑4‑408, IC 36‑7‑4‑701, IC 36‑7‑4‑710, IC 36‑7‑4‑711, IC 36‑7‑4‑1402, IC 36‑7‑4‑1511, or other applicable statutes.
8. Designate a hearing examiner or committee of the Plan Commission to conduct combined hearing procedures relative to developments that require more than one hearing, as provided in IC 36‑7‑4‑403.5, on the condition that all members of the Common Council shall be notified not less than three (3) calendar days before a development is docketed for a combined hearing procedure and that each member of the Common Council shall be entitled to object to the use of the combined hearing procedure for that development.
9. Appoint hearing officers for the Board of Zoning Appeals pursuant to IC 36‑7‑4‑923.

The authority and duties of the Board of Zoning Appeals pursuant to state law and this Ordinance are:

1. Consider Special Exception and Special Use applications.
2. Consider Variance applications.
3. Consider appeals from decisions of administrative officials.
4. Make final interpretation of zoning district boundaries.
5. Make decisions concerning the existence of nonconforming uses.

1. It shall be the duty of the Director of Community Services to administer and enforce the Unified Development Ordinance. All permits, Certificates of Occupancy, official determinations and all other directorial approvals or documents contemplated by this Ordinance are issued by the Director of Community Services, and he/she shall be responsible for determining whether all such permits required herein are in compliance with the provisions of this Ordinance. He/she shall receive applications required by this Ordinance, furnish prescribed documents and forms, issue notices or orders as may be necessary, administer all matters pertaining to zoning, subdivision and signage control within the planning jurisdiction, including the retention of all records related thereto with the exception of official documents required to be retained by the City Clerk. All such records shall be open to public inspection during normal office hours, but shall not be removed from the office of the Director of Community Services.
2. Improvement Location Permits and Certificates of Occupancy. See Carmel City Code; Chapter 7: Building Code; Article 3: Specific Regulations.
3. Records of the Director of Community Services: The Director of Community Services shall retain records (electronic format is permissible if authorized by state law) of the following items:
   1. Copies of Improvement Location Permits and associated building permits and informational materials.
   2. Copies of Certificates of Occupancy, both permanent and temporary.
   3. Copies of demolition permits.
   4. Approved and signed subdivision plat mylars.
   5. Approved and signed Development Plans.
   6. All files related to the activities of the Board of Zoning Appeals, Common Council, and Plan Commission must be maintained. These activities include, but are not limited to: subdivision platting, appeals, variances, special uses, Development Plans, zoning amendments (text and map changes), nonconforming use determinations, and zoning district boundary determinations. Each file shall contain: application forms, newspaper legal notices, records of notification to adjacent property owners, all required or necessary plans and information for the application, and relevant meeting minutes from the applicable governing body.

It shall be the duty of the City Clerk to retain the official copy of the Unified Development Ordinance and all amendments thereto, and the Official Zoning Map (electronic format is permissible if authorized by state law). All official zoning materials shall be available for public viewing in the office of the City Clerk during normal office hours.

Applications and petitions filed pursuant to the provisions of the Unified Development Ordinance shall be accompanied by the filing fees hereinafter specified, and shall be paid to the City of Carmel and collected by the Department of Community Services. On or before December 31st of each year, the Director of Community Services shall determine if there has been an increase in the Consumer Price Index (United States city average) prepared by the United States Department of Labor, by comparing the arithmetic mean of the Index for July, August, and September of the current year with the same three-month period of the preceding year. If there has been an increase, the increase shall be stated as a percentage of the arithmetic mean for the three-month period of the year preceding the current year (the Adjustment Percentage). The Adjustment Percentage shall be rounded to the nearest one-tenth of one percent (0.1%) and shall not exceed four percent (4%), unless otherwise provided by ordinance. Whenever the Director of Community Services determines that there has been an increase, the Director of Community Services may make a corresponding adjustment to the filing and inspection fees (including late fees) that are assessed under Section 1.29: Filing Fees, in order to recoup increases in personnel and administrative costs within the Department of Community Services. However the adjustment shall not be greater than the Adjustment Percentage determined under this paragraph. The adjusted fees as determined by the Director of Community Services under this paragraph take effect on January 1st of the succeeding year.

1. Exemptions from Fees: The listed fees are waived for all City of Carmel, Clay Township and Carmel/Clay School System buildings or facilities.

Zoning and Development Fees (Effective 1/1/2025):

Signs (Effective 4/1/2025):

Improvement Location Permit (ILP) Fees (Effective 4/1/2025):

Certificate of Occupancy (in addition to ILP, inspection fees) (Effective 4/1/2025):

Parks and Recreation Impact Fee (PRIF) (Effective 1/1/2025):

Demolition Permit Fees (Effective 4/1/2025):

Inspection Fees (Effective 4/1/2025):

Permit Late Fees* (Effective 4/1/2025):

Late Fees on Inspections* (Effective 4/1/2025):

Builder Application (Effective 4/1/2025):

Massage Therapist (Effective 4/1/2025):

Record Research/Plan Retrieval (Effective 4/1/2025):

Adopted by the Council on June 3, 2024 and effective on and after January 1, 2025 as set forth in Section 1.30(O): Effective Date and Expiration Date.

1. Title: Section 1.30: Parks and Recreation Impact Fees shall be referred to and known as the Parks and Recreation Impact Fee Ordinance (the “PRIF Ordinance”) for the City of Carmel, Hamilton County, Indiana.
2. Definitions: Terms used in the Unified Development Ordinance are defined in Article 11: Definitions.
3. Establishment of Impact Zone: There is hereby established one Parks and Recreation Infrastructure Impact Zone, the borders of which are coterminous with the Planning Jurisdiction. In this regard, the Council specifically finds that there is a functional relationship between the components of the Park and Recreation Master Plan and the Zone Improvement Plan, as each is amended from time to time, and that such plans will provide a reasonably uniform benefit to all of the citizens throughout the Impact Zone. The Council further finds that all areas within the Impact Zone are contiguous as required in IC 36-7-4-1316. Except as provided below, this PRIF Ordinance shall apply uniformly to all developments within the Impact Zone hereby established for which the City may require an improvement location permit and which create a need for new and additional Parks and Recreation Infrastructure. This PRIF Ordinance shall not apply to:
   1. Improvements which do not require an improvement location permit;
   2. Improvements which do not create a need for new and additional Parks and Recreation Infrastructure, including the erection of a sign, construction of accessory buildings, structures or fences or the alteration, renovation or expansion of an improvement where the use, or intensity thereof, has not changed; or
   3. The replacement of a destroyed or partially destroyed improvement, provided that the replacement improvement does not create a need for new and additional Parks and Recreation Infrastructure over and above the infrastructure needed by the original improvement prior to the destruction or partial destruction thereof.
4. Zone Improvement Plan: The Council hereby finds that, prior to the adoption of this PRIF Ordinance, the Plan Commission undertook a comprehensive and detailed park and recreational impact analysis and consulted with a qualified engineer, and the resulting study and data base were used in the preparation of the Zone Improvement Plan as required by IC 36‑7‑4‑1318(d). The Council has heretofore adopted the Zone Improvement Plan and finds in this regard that the Zone Improvement Plan does contain the following elements:
   1. Reasonable estimates relating to the nature and location of development that is expected within the Impact Zone during the planning period, which, for the purposes of this PRIF Ordinance is defined to be a period of ten (10) years commencing with the date of adoption hereof.
   2. A reasonable determination of the community level of service for the Impact Zone.
   3. A reasonable determination of the current level of service provided within the Impact Zone.
   4. A reasonable estimate of the nature, location, sequencing, and timing of the park and recreational improve- ments and costs necessary to provide the community level of service for the developments contemplated in Section 1.30(D)(1) hereof.
   5. A reasonable estimate of the share of the park and recreational costs identified in Section 1.30(D)(4) hereof that will be used to:
      1. Raise the current level of service for existing development or provide service to existing development; or
      2. Provide service to new development.
   6. A reasonable estimate of revenues that:
      1. Are from sources other than impact fees; and,
      2. Will be used to finance the costs identified in Section 1.30(D)(5)(a)above.
   7. A description of the nature and location of existing infrastructure in the Impact Zone.
   8. A general description of the sources and amounts of money used to pay for infrastructure during the previous five years.
   9. A reasonable estimate of the share of the park and recreational costs identified in Section 1.30(D)(4) hereof that will be used to pay the directly related expenses incurred in preparing or updating the Zone Improvement Plan, as limited by IC 36‑7‑4‑1330.

In addition, the Council has specifically adopted the Zone Improvement Plan as an official part of the Comprehensive Plan pursuant to IC 36‑7‑4‑500 et seq.

E. Establishment of Impact Fee: Based upon the Park and Recreation Master Plan and the Zone Improvement Plan previously referred to and which are hereby incorporated by reference into this PRIF Ordinance, the Council determines that the impact costs, minus the sum of nonlocal revenues and impact deductions (as defined in IC 36‑7‑4‑1321), do not exceed the amount of $8,275 per equivalent dwelling unit, and that, therefore, the impact fee to be imposed on every development subject to this PRIF Ordinance shall equal the product of:

1. $5,425, during months 1-12 of the effectiveness of this PRIF Ordinance; $6,029, during months 13-24 of the effectiveness of this PRIF Ordinance; $6,700, during months 25-36 of the effectiveness of this PRIF Ordinance; $7,446, during months 37-48 of the effectiveness of this PRIF Ordinance; or $8,275, after month 48; times
2. the number of equivalent dwelling units to be constructed pursuant to the improvement location permit obtained by the developer (or individual).

The Council does hereby make as a part of the record of these proceedings, all of the data collected, the calculations made, and the conclusions reached by the Plan Commission in the process of developing the Zone Improvement Plan, and specifically instructs the Director of Community Services to make such data and other information inclusively available to anyone for review during regular business hours. In the event that any parcel of real estate considered in the creation of the Zone Improvement Plan undergoes a change in use, redevelopment, or a modification which requires an improvement location permit, and creates a need for new infrastructure, an impact fee will be assessed only for the increase in the burden on infrastructure.

F. Credit in Lieu of Payment; Exemptions:

1. 1. Pursuant to IC 36‑7‑4‑1335, any developer (or individual) obligated to pay a fee pursuant to the terms of this PRIF Ordinance may be granted the option of financing, constructing and dedicating Parks and Recreation Infrastructure instead of making all or part of any impact fee payment which may be due, so long as such financing, construction and dedication are accomplished either:
      1. Pursuant to the Zone Improvement Plan and with the consent and acceptance of the Carmel-Clay Board of Parks and Recreation, or

      2. With respect to components of infrastructure or other improvements that are not included in the Zone Improvement Plan, after consultation with the Director of Carmel-Clay Parks and Recreation, with the initial approval by the Council, where, if desired, the Council can set a percentage limit, with deviation limits, of how much credit is allocated for site improvements, and with final consent and acceptance of the Board of Public Works and Safety.

   2. The developer (or individual) providing the infrastructure or improvement, shall be allowed a credit in an amount equal to the sum of:
      1. The actual cost of constructing or providing the infrastructure or improvements, plus
      2. The fair market value of the land, real property interests, and site improvements provided.
   3. The amount of the credit shall be determined by agreement (the “Credit Agreement”) between the person constructing or providing the infrastructure or improvement and either:
      1. The Carmel-Clay Board of Parks and Recreation; or
      2. The Board of Public Works and Safety, depending upon which entity is best suited to accept the dedication of the infrastructure or improvement. The developer (or individual) shall make a request for credit prior to the issuance of the improvement location permit. The Board of Public Works and Safety shall not approve a proposed Credit Agreement if the credit allocation for any site improvement(s) exceeds the percentage limit, including deviation limits, set by Council, if applicable. In the event the credit is less than the amount of the impact fee due pursuant to Section 1.30(E): Establishment of Impact Fee above, the remaining balance shall be due in accordance with the provisions stated hereafter.
   4. Credits against impact fees otherwise due shall be allowed pursuant to this section for all infrastructure and improvements constructed or furnished in accordance with IC 36‑7‑4‑1313 and IC 36‑7‑4‑1335 since January 1, 1989. In addition, a developer (or individual) responsible for installing infrastructure or improvements may designate in writing a method of allocating its credits to future owners who may be successors in interest to the credits earned by the developer (or individual) as part of the Credit Agreement provided for above.
   5. Any developer (or individual) obligated to pay the fee established by this PRIF Ordinance whose property was totally or partially destroyed by fire, storm or other casualty beyond his or her control, shall be exempt from said fee if such developer (or individual) repairs or replaces the destroyed structure without creating a burden on Parks and Recreation Infrastructure greater than the burden imposed by the destroyed structure. In the event of such additional burden, the fee shall be calculated based only on the increased burden created by the structure.

   6. The Council reserves the right to conduct audits and request any information from any source related to the credits approved under this section, the progress of the projects for infrastructure and other improvements related thereto, and the fund (or funds) established under IC 36-7-4-1329 for purposes of receiving the fees collected to determine compliance with this section.

G. Impact Fee Due Upon Issuance of Improvement Location Permit: The impact fee imposed pursuant to the terms of this PRIF Ordinance shall be due and payable upon the issuance of an improvement location permit. The entire fee which is calculated pursuant to the terms of this PRIF Ordinance shall be due at said time, except that an installment plan may be requested by the applicant in accordance with the terms set forth in IC 36‑7‑4‑1324 (a), (b), (c), and (d). The Impact Fee Review Board shall establish specific rules consistent with said code provisions for installment payments. The interest rate on any installment plan or deferred payment shall be the pre-judgment rate of interest set forth in the Indiana Code as from time to time amended. If a developer (or individual) requests, the amount of the impact fee shall be assessed upon the voluntary submission of a development plan or upon the issuance of the improvement location permit, whichever is earlier. For purposes of this section, “assessment” means the act of calculating the amount of the impact fee which shall be due at said time. The Director of Community Services shall make such assessment within thirty (30) days of the date of such voluntary request or at the issuance of the improvement location permit with or without a request.

H. Lien Rights Established: Pursuant to IC 36‑7‑4‑1325, the City of Carmel acquires a lien against the real estate which is the subject of the impact fee. Upon adoption, this PRIF Ordinance shall be recorded, and, thereafter, it shall constitute constructive notice of the lien rights of the City. The City may, in its discretion, file a specific instrument setting forth its lien rights with respect to a parcel of real estate which is the subject of an installment payment plan for an impact fee, and such instrument shall constitute actual notice in addition to the constructive actual notice in addition to the constructive notice provided for by the recording of this PRIF Ordinance.

I. Form of Receipt: The Director of Community Services shall issue a receipt for any and all impact fees collected, and the form of such receipt shall be as follows:

Received of [fee payer], this [date] day of [month, year], the sum of $ [amount] in [full/partial] satisfaction of impact fees due pursuant to the City of Carmel Unified Development Ordinance, Section 1.30, relating to improvements to be constructed on the real estate described on Exhibit A, attached hereto, made part hereof, and subject to lien rights in favor of the City of Carmel in the event of partial payment with payments remaining due. The remaining balance due (if any) is in the following amount: $. This impact fee is dedicated to the creation of the following infrastructure elements in accordance with the Zone Improvement Plan:

DEPARTMENT OF COMMUNITY SERVICES

City of Carmel

J. Establishment of Impact Fee Review Board; Hearing of Appeals: There is hereby established the Carmel Impact Fee Review Board. The Impact Fee Review Board shall consist of three (3) citizen members, appointed by the Mayor of the City to serve for terms of four (4) years; however, for the purpose of providing for staggered terms of office, the initial members of the Impact Fee Review Board shall be appointed for respective terms of two (2) years, three (3) years, and four (4) years. The members of the Impact Fee Review Board shall not be members of the Plan Commission and shall meet the qualifications prescribed by IC 36‑7‑4‑1338(b), that is, one (1) licensed real estate broker, one licensed (1) engineer, and one (1) certified public accountant. Whenever a member of the Impact Fee Review Board is unable to participate in any matter before the board because of a conflict of interest, the Mayor shall appoint a temporary replacement member, meeting the qualifications of the member being replaced, to serve on the board for the purpose of hearing that matter only. The Impact Fee Review Board shall be governed by IC 36‑7‑4‑1338(c) and all other applicable provisions of the Impact Fee Statute. Any developer (or individual) who believes itself to be aggrieved by the calculation of an impact fee may appeal from such calculation to the Impact Fee Review Board and the Impact Fee Review Board shall conduct a hearing with regard thereto. At such hearing, the developer (or individual) shall bear the burden of going forward with the evidence and shall present evidence addressing either of the following propositions:

1. 1. A fact assumption used in determining the amount of the impact fee is incorrect; or
   2. The amount of the impact fee is greater than the amount allowed under IC 36‑7‑4‑1320, IC 36‑7‑4‑1321, and IC 36‑7‑4‑1322.

Upon conclusion of the presentation of evidence, the Impact Fee Review Board shall make a determination within thirty (30) days, upon the facts presented and may make such adjustments in the impact fee as it deems are appro- priate under the circumstances, if any. An appeal under Section 1.30(J): Establishment of Review Board; Hearing of Appeals shall be filed not later than thirty (30) days after the issuance of the improvement location permit. The appeal shall be initiated with the filing of a Petition for Review with the Director of Community Services, together with a filing fee in the amount of $100. The filing fee shall be refunded in full:

1. 1. If the Petition of Review is granted and the impact fee is eliminated, reduced or adjusted by the Review Board, by independent action of the Director of Community Services, or by a court having jurisdiction, and
   2. If the reviewing body determines that the amount of the fee, reductions, or credits were arbitrary or capricious.

The Petition for Review shall be in a form calculated to inform the Impact Fee Review Board of the nature of the complaint, the parties to the action, and the relief requested. In addition, the petition shall describe the new devel- opment on which the impact fee has been assessed, all facts related to the assessment of the impact fee, and the reasons the petitioner believes that the amount of the impact fee assessed is erroneous or is greater than the amount allowed by the fee limitations set forth in the Impact Fee Statute. The Director of Community Services shall not deny the issuance of improvement location permit on the basis that the impact fee has not been paid, or condition issuance of the permit on the payment of the impact fee.

K. Establishment of Impact Fee Fund: There is hereby established an Impact Fee Fund as a non-reverting fund, as may be designated by the Council, within the City to receive any and all sums collected pursuant to this PRIF Ordinance and any other Impact Fee Ordinance that may hereafter be adopted, to be utilized in connection with the purposes set forth in Section 1.30(L): Use of Impact Fees Collectedbelow. The Impact Fee Fund shall have separate line items for each project, separating the sums that are receeived and collected by each specific project, pursuant to the PRIF Ordinance. In the event, and only in the event, that an additional Impact Zone for Parks and Recreation Infrastructure is created hereafter, a separate account shall be maintained for each separate Impact Zone established within the City. Interest earned on any such account shall be deposited and maintained within the separate account. The Fiscal Officer shall manage the Impact Fee Fund according to the provisions of the Impact Fee Statute and maintain records of the status of any such account. Pursuant to IC 36‑7‑4‑1329, the Fiscal Officer shall make an annual report to the Plan Commission and the Carmel-Clay Board of Parks and Recreation of said accounts which shall be available to the public in general and developer (or individual), upon request, in particular. The right to any refund of an impact fee shall be determined strictly in accordance with IC 36‑7‑4‑1332, and the Fiscal Officer is designated, pursuant to IC 36‑7‑4‑1332(e), as the official responsible for acting upon any refund applications that may be filed by the devel- oper (or individual). In order to facilitate the payment of any refunds when they may be due, the Fiscal Officer is directed to identify the purpose of any impact fee paid in order that a refund, if any, may be paid from the account into which the fee was originally deposited.

L. Use of Impact Fees Collected: Any and all fees collected pursuant to the provisions of this PRIF Ordinance may be utilized, subject to Council approval, only for the following purposes:

1. 1. Providing funds to be utilized by the Carmel-Clay Board of Parks and Recreation, after consultation with the Executive Director of Carmel Redevelopment Commission, for the purpose of paying the capital costs of Parks and Recreation Infrastructure that is necessary to serve the new development within the City that is identified in the Zone Improvement Plan;
   2. An amount not to exceed five percent (5%) of the annual collections of the fees, to be utilized by the Carmel- Clay Board of Parks and Recreation for expenses incurred by the Carmel-Clay Board of Parks and Recreation and/or the City for the consulting services that are used with regard to the establishment and maintenance of this impact fee program;
   3. To pay any refund that may be due under IC 36‑7‑4‑1332;
   4. To pay the debt service cost on an obligation issued to provide Parks and Recreation Infrastructure described in Section 1.30(L)(1) in accordance with IC 36‑10‑3‑27 or other applicable law.
   5. Providing funds to be utilized by the Carmel Redevelopment Commission, after consultation with the Director of Carmel-Clay Parks and Recreation, for the purpose of paying the capital costs of Urban Parks and Recreation Infrastructure.

M. Conflicts with Impact Fee Statute: The Council specifically acknowledges the existence of the Impact Fee Statute, which regulates the adoption of impact fee ordinances by municipal corporations within the State of Indiana. It is the intent of the Council to comply with such legislation, and this PRIF Ordinance shall be construed in all respects to be consistent with the Impact Fee Statute. The substantive and procedural requirements of the Impact Fee Statute shall control in the event of conflicts, which are unintended by the Council.

N. Amendments and Review: The impact fee provided for herein is based upon information that, in large part, is subject to inflation and other economic and market forces over which the Council has no control. The Council may, therefore, from time to time, cause a review to be made by the Director of Community Services, or such consultants as may be required, to determine the continuing validity of the Impact Fee, the Impact Zone, and the Zone Improvement Plan. The Council may consider and adopt such amendments as are necessary to cause a substantive compliance with all constitutional and statutory requirements. To the extent required by the facts and circumstances, this process shall include the steps necessary to update the Zone Improvement Plan and the Comprehensive Plan.

O. Effective Date and Expiration Date: Pursuant to IC 36‑7‑4‑1340, this PRIF Ordinance shall be effective January 1, 2025, which is not earlier than six (6) months following its adoption in accordance with the Impact Fee Statute, replacing the PRIF Ordinance adopted on November 18, 2019, and wholly contained in Section 1.30: Parks and Recreation Impact Fees. This PRIF Ordinance shall expire five (5) years following such effective date, and no impact fee may be collected under this PRIF Ordinance after such expiration date. However, the Council may adopt a replacement impact fee ordinance to take effect before, on or after such expiration date if the replacement ordinance complies with the provisions of the Impact Fee Statute.

The Unified Development Ordinance was certified by the City of Carmel Advisory Plan Commission with a favorable recommendation for adoption on August 15, 2017 then forwarded to the legislative body. The official minutes and vote are available in the Department of Community Services.

The Unified Development Ordinance was adopted by the Common Council of the City of Carmel, Indiana on October 16, 2017. The Unified Development Ordinance became effective on January 1, 2018. Record of the meeting and vote are available at the City Clerk's office.