CARMEL ZONING ORDINANCE

CITY OF CARMEL ZONING ORDINANCE

Chapter 33: Commercial Development Landscape Ordinance

29-1 as adopted per Z-577-13, as amended per Z-586-14

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CARMEL CITY CODE

CHAPTER 10: ZONING & SUBDIVISIONS

ARTICLE 1: ZONING CODE

CARMEL ZONING ORDINANCE

CHAPTER 33: COMMERCIAL LANDSCAPE DEVELOPMENT ORDINANCE

33.00 Commercial Development Landscape.

33.01 Purpose and Intent.

33.02 Landscape Plan.

33.03 General Provisions.

33.04 Plant Material.

33.05 Landscape Requirements.

33.06 Old Meridian District and Overlay Zones Landscape Requirements.

33.07 Protection of Existing Trees and Vegetation.

33.08 Innovative Landscaping Applications.

33.09 Landscape Installation and Maintenance.

33.00 Commercial Development Landscape.

33.01 Purpose and Intent.

The purpose of this chapter is to protect and enhance the community’s environmental, economic and aesthetic quality,

thereby contributing to the overall objective of promoting the public’s health, safety and general welfare. This ordinance

is intended to enhance, preserve and develop Carmel’s environment by:

A. Promoting compatibility between land uses through reducing the visual, sound and lighting impacts of commercial

and residential developments;

B. Managing development impacts by planting trees and landscaping in order to increase the real estate values of

properties; and

C. Creating innovative and environmentally-friendly landscape designs that enhance and define the public and private

spaces.

Definitions.

Terms used in this ordinance are defined in Chapter 3: Definitions.

33.02 Landscape Plan.

A. A Landscape Plan shall be submitted to the Commission per Chapter 24: Development Plan and Architectural

Design, Exterior Lighting, Landscaping & Signage Regulations and the Board per Chapter 21: Special Uses &

Special Exceptions.

B. The Landscape Plan [as defined herein] shall provide, but may not be limited to, Perimeter Bufferyards,

Greenbelts, street trees, foundation plantings, parking lot plantings, and other exterior improvements such as

courtyards, plazas, and tree preservation areas.

C. The Landscape Plan shall be submitted electronically (portable document format (PDF) or equivalent) and also

on paper sheets not smaller than eleven (11) by seventeen (17) inches, and not larger than twenty-four (24) by

thirty-six (36) inches.

D. The Landscape Plan shall exhibit a design that is integral and coordinated with other corresponding

improvements for the site and which clearly demonstrates the function, location, size and scale of plants in




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relation to buildings and other site improvements, and to minimize conflicts with commercial signage. (See City

of Carmel’s Sign Ordinance Visual Guide – Available from the Department of Community Services)

E. The Landscape Plan shall be drawn to scale, including dimensions and distances, and drawn to correspond with

all existing and planned buildings and other physical improvements, including overhead and underground

utilities.

F. The Landscape Plan shall identify locations of all current and proposed utilities and service areas, including:

ground level mechanical equipment, HVAC compressors, telecommunication equipment, electrical transformers,

utility meters, public approaches and any adjoining residential zones.

G. The Landscape Plan shall include graphic planting details for trees, shrubbery, and ground cover/ornamental

grass. (See City of Carmel’s Graphic Planting Details – Available from the Department of Community Services)

H. The Landscape Plan shall include a schedule of plants: including a symbol key, botanical name, common name

and shall delineate the size, container type, description and quantity of all plant material.

I. The Landscape Plan shall identify locations of new plant material with keyed symbols.

J. The Landscape Plan shall identify existing vegetation to remain by botanical name and size.

33.03 General Provisions.

A. Unless otherwise specified in this ordinance, the dimensions and design of any planting area shall be sufficient to

contain the landscaping material planted therein and to provide for proper growth. The planting areas shall

contain topsoil which is free of non-soil material, brick and other building and construction material. The

following minimum interior dimensions for all planting areas shall be used:

(1) Shade and Conifer Trees: Fifteen (15) feet long by eight (8) feet wide by three (3) feet in depth

(2) Ornamental Trees: Ten (10) feet long by five (5) feet wide by three (3) feet in depth

(3) Shrubs (only): Five (5) feet long by five (5) feet wide by three (3) feet in depth

B. When trees are isolated from other lawn and green areas by sidewalks, drives or other impervious surfaces, the

Plan Commission, Director or his/her designee may require Soil Volume Replacement Technologies be applied

to sustain the life of the plant material when the dimensions of the planting area does not meet the requirements

of Section 33.03(A).

C. When trees are planted within hardscaped areas, they shall be planted in tree wells with approved drainage

systems and Soil Volume Replacement Technologies. When a tree grate is used it must be capable of expansion

and be expanded to accommodate tree growth. The dimensions of the tree well and grate shall be at least six (6)

feet by six (6) feet by three (3) feet in depth.

D. A vegetative cover shall be used for all landscaped areas except for mulched plantings beds containing trees

and/or shrubbery and inert stabilization in areas subject to severe runoff or erosion.

E. Screening general areas: All air conditioning units, utility boxes, pad mounted transformers, HVAC systems,

exhaust pipes or stacks, and satellite dishes shall be integrated into the overall building design or screened from

the Street Right-of-Way and adjoining residential zones by using walls, fencing, mounding, parapets, penthouse

screens, landscaping, camouflage or other approved methods. Access to these areas for maintenance purposes

shall be designed into the plan.

F. Screening of outdoor storage, refuse and loading areas: All outdoor storage, trash and refuse containers and

loading areas shall be screened from all Streets and adjacent residential properties. An opaque screen at least six

(6) feet in height comprised of plants, trees, walls or other opaque materials must be provided.

G. No plant material or berm shall obstruct the sight distance of motorists entering or leaving the site.

H. Irrigation System: Any irrigation system shall be selected and installed with the following requirements:

(1) Design and Installation: All new irrigation systems shall be designed by a Certified Irrigation Contactor

(CIC), Certified Irrigation Designer (CID), Certified Landscape Irrigation Manager (CLIM), Certified

Landscape Irrigation Auditor (CLIA) or a Licensed Landscape Architect (PLA). All installations must be

consistent with specifications established in City of Carmel Ordinance A-69 and City Code § 9-52.




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(2) System Controllers and Components: All system controllers for newly installed Irrigation systems must be

an EPA WaterSense labeled controller. As additional components of irrigation systems are reviewed and

labeled by the EPA WaterSense program, those components must be used in new irrigation installations.

This includes but is not limited to: Sprinkler heads of all types including sprays and rotors; micro-drip

systems; automatic shutoff devices; and any other irrigation component as it is added to the WaterSense

labeled list.

(3) Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of

the irrigation system. This should consist of proper directional spray of water so not to water sidewalks,

streets or drives. All broken heads should be promptly replaced and the system checked periodically for

leaks. Sprinkler head heights should be adjusted or relocated to adapt to plant growth or changes in

landscape design.

I. See Chapter 25: Additional Use Regulations for other landscape requirements including, but not limited to:

Mobile Home Courts, Satellite Receiving Antennas, and Towers.

33.04 Plant Material. Plant material shall be selected and installed to comply with the following requirements:

A. Landscape materials selected shall be appropriate to local growing and climate conditions and follow the

guidelines set by the American Standard for Nursery Stock. ANSI Z60.1 (current edition) American Association

of Nurserymen, Inc.

B. Recommended and undesirable trees: (See City of Carmel’s Recommended Tree List – Available from the

Department of Community Services)

C. Trees and shrubs shall be carefully selected and properly planted and maintained whereas they will not:

(1) Impair pedestrian access to sidewalks and structures;

(2) Cause damage to nearby buildings or adjoining public improvements;

(3) Interfere with aboveground and underground utilities, including access to aboveground and

underground utilities;

(4) Conflict with vehicles when parked; and

(5) Restrict or impair sight distance of motorists and bicyclists entering or leaving the site.

D. Ground cover shall be of live plant material. Bark, stone, gravel, and similar materials may be used in

combination with a vegetative cover.

E. Condition: All plants shall be of specimen quality, superior form, healthy, vigorous, well branched, densely

foliated when in leaf, free of disease and insects eggs or larvae and shall have well-developed root systems. They

shall be free from damage or conditions that would prevent normal growth.

F. Diversity: Tree genus and species selections for a site shall coincide with the following chart. To achieve certain

design effects, a greater number of the same tree genus and/or species may be approved by the Director or

his/her designee. The following chart represents tree genus and species variation for any given site. An

appropriate and diverse mix of plant sizes and materials shall be provided for all other plant material.

NUMBER OF NEW TREES

MAXIMUM PERCENTAGE

OF ANY ONE GENUS

MAXIMUM PERCENTAGE

OF ANY ONE SPECIES

1-19

50%

50%

20-39

33%

25%

40-59

25%

15%

60 or more

15%

15%




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G. Size of Plant Material: All plant material shall be installed in accordance to the following size specifications

below. All planting material shall be in accordance with the most current publication of the American Standard

for Nursery Stock as produced by the American National Standards Institute, Inc.

(1) Street trees and shade trees: All street trees and shade trees at the time of planting shall have a minimum

caliper of two and one-half (2.5) inches when measured from six (6) inches above ground level.

(2) Ornamental trees: All ornamental trees at the time of planting shall have a minimum caliper of one and

one-half (1.5) inches when measured from six (6) inches above ground level.

(3) Evergreen trees: All evergreen trees at the time of planting shall have a minimum height of six (6) feet.

(4) Shrubbery: All deciduous and evergreen shrubs at the time of planting shall have a minimum height of

eighteen (18) inches.

(5) Ground Cover/Ornamental Grass: All ground cover/ornamental grass at the time of planting shall have

a minimum size of one (1) gallon unless otherwise noted on the Landscape Plan.

33.05 Landscape Requirements. Wherever conflict exists within this ordinance the landscaping required by an applicable

overlay zone in Section 33.06, when noted, shall govern.

A. Perimeter Bufferyard:

(1) The Perimeter Bufferyard requirements shall apply to all Special Uses, properties containing multi-

family uses, and properties within all Business, Manufacturing and Industrial districts, unless Greenbelt

standards are specified within an individual district or zone.

(2) Perimeter Bufferyards shall be located along the front, side and rear lot lines of subject parcel(s) and

shall extend the entire length of the front, side and rear lot lines.

(3) Perimeter Bufferyards shall not be located within any portion of a Street Right-Of-Way, Private Street

Right-Of-Way, or county regulated drain easement.

(4) Existing vegetation may be applied toward a Perimeter Bufferyard when:

(a) The vegetation located upon the subject parcel is of a quality and state of health to achieve

buffering;

(b) The vegetation proposed is to be preserved using accepted best management practices for tree

protection during construction. A tree protection detail is required on the Landscape Plan and

associated construction documents; (See City of Carmel’s Tree Protection Detail – Available

from the Department of Community Services) and

(c) Tree preservation area guidelines are submitted with the Landscape Plan to manage and protect

these areas. (See City of Carmel’s Tree Preservation Guidelines – Available from the

Department of Community Services)

(5) To determine the applicable Perimeter Bufferyard requirements:

(a) Use the Perimeter Bufferyard table to identify the land use category of the proposed project

use.

(b) Use the Perimeter Bufferyard table to identify the land use(s) of the adjoining properties or

Street classification adjoining the proposed use by referring to the Transportation Plan.

(c) Determine the Perimeter Bufferyard(s) required on each boundary (or segment thereof) of the

subject parcel by referring to the Table for Perimeter Bufferyard.




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PERIMETER BUFFERYARD TABLE

PROPOSED USE

SINGLE FAMILY; DUPLEX

MULTI-FAMILY

PARK; RECREATION INSTITUTIONAL

OFFICE; RETAIL

WAREHOUSE; INDUSTRY

AD

JAC

ENT

USE

SINGLE FAMILY; DUPLEX A C B D D D

MULTI-FAMILY C A A C B C

PARK; RECREATION B A A B B B

INSTITUTIONAL C C B A A B

OFFICE; RETAIL C B B A A B

WAREHOUSE; INDUSTRY C C B B B A

COLLECTOR STREET C B B A A A

PARKWAY (Res. Or Sec.); ARTERIAL (Urban or Sec.); INTERSTATE; or U.S.-STATE HIGHWAY

C C C C*/** C*/** C

* Type ‘A’ Perimeter Bufferyard shall apply along a Front Yard where buildings are placed with their front door located within eighty-five (85) feet of a Street Right-Of-Way.

** A Perimeter Bufferyard shall not be required along a Front Yard where buildings are placed with their front door located within twenty (20) feet of a Street Right-Of-Way.

Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants required per one hundred linear foot increment.

BUFFERYARD

MINIMUM YARD WIDTH

FRONT & SIDE REAR

SHADE OR

EVERGREEN TREES

ORNAMENTAL

TREES

SHRUBS*

A 5’ 10’ 3 2 15 B 10’ 20’ 5 2 20 C 15’ 25’ 7 3 25 D 30’ 30’ 10** 3 25

*Evergreen trees may substitute in lieu of shrubbery on a 1:3 basis (one conifer equals three shrubs). **At least 3 of the required trees shall be evergreen trees.

B. Greenbelt: Greenbelts shall apply to certain Overlay Zones, as specified in Section 33.06.

C. Street Trees:

(1) Street trees shall be required with all new or re-developed Street Rights-of-Way except in places where

utility conflicts occur.

(2) Street trees shall be planted, replaced, and maintained within the Street Right-of-Way per the Street

Tree Regulations passed by the Council pursuant to Ordinance D-1091 (See Carmel City Code §2-22).

(3) Maximum spacing between street trees shall be fifty (50) feet and a minimum of twenty-five (25) feet.

(4) When a median is established on or adjacent to a road, the following guidelines should be adhered to:

(a) The median shall exist along the center of the thoroughfare and act as a divider between

opposing lanes of traffic.

(b) The minimum base-planting unit for this area shall include: three (3) shade trees and ten (10)

shrubs per 100 linear feet. (See also General Provisions, Section 33.03(A), for minimum

planting area dimension requirements.)




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D. Foundation Planting:

(1) Foundation plantings shall be provided for all new commercial buildings and building additions.

(2) Foundation plantings shall occur within planting beds at least five (5) feet in width, with exceptions for

appropriate approach Driveways, courtyards, plazas, and pedestrian access to building entrances.

(3) The primary landscaping materials used shall be shrubs, ornamental grasses and ground cover.

Plantings shall cover 75% of the planting area.

(4) Spacing for foundation shrubbery shall not exceed five (5) foot intervals; except where occupied by an

impervious surface.

E. Parking Lot Planting: Parking lot perimeter plantings and parking lot interior plantings [as defined herein]

shall be landscaped on all sides.

(1) Parking Lot Perimeter Planting:

(a) The Parking Lot Perimeter Planting unit will only take affect when there is a Perimeter

Bufferyard Type ‘A’ planting requirement for front, side and rear minimum yard widths.

(b) The minimum planting unit for this area shall include: four (4) shade trees and twenty (20)

shrubs per 100 linear feet.

(2) Parking Lot Interior Planting:

(a) Parking Lot Interior Plantings shall be located within parking lots as landscaped islands,

medians, traffic delineators, at the end of parking bays, and between rows or parking spaces in

a manner such that no parking space is located more than sixty-six (66) feet from a shade tree.

(b) A minimum of one (1) shade tree and five (5) shrubs shall be planted for every ten (10)

parking spaces provided. (See also General Provisions, Section 33.03(A), for minimum

planting area dimension requirements.)

(c) When an existing parking lot is expanded or improved which increases either the total area of

impervious surface or the number of parking spaces by thirty-five percent (35%) or more, the

expansion shall be required to comply with this Section 33.05(E): Parking Lot Planting.

33.06 Old Meridian District and Overlay Zones Landscape Requirements. Zoning District OM and Overlay

Zone Landscape Requirements are meant to supersede the Landscape Requirements in Section 33.05, where applicable.

A. OM/Old Meridian District Landscape Requirements:

(1) Development Zones.

(a) Single-Family Attached Zone (SFA). No additional requirements.

(b) Multi-Family Housing Zone (MF). No additional requirements.

(c) Village Zone (V). No additional requirements.

(d) Mixed Use Zone (MU).

(i) No more than fifty percent (50%) of the Front Yard Setback may be paved with

decorative pavers to allow seating areas or outdoor tables, such areas shall be

surrounded by shrubs or planting beds.

(ii) On-site parking lots or structured parking adjacent to a Street must be separated from

the Street Right-of-Way with a planting area no less than eight (8) feet wide

containing shade trees, shrubs or fences/walls up to four (4) feet high.

(e) Office Zone (O). No additional requirements.

(f) Special Use Zone (SU). No additional requirements.

(g) Meijer Zone (M). No additional requirements.




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(h) Mixed Medical Zone (MM).

(i) No more than fifty percent (50%) of the Front Yard Setback may be paved with

decorative pavers to allow seating areas or outdoor tables, such areas shall be

surrounded by shrubs or planting beds.

(ii) On-site parking lots or structured parking adjacent to a Street must be separated from

the Street Right-of-Way with a planting area no less than eight (8) feet wide

containing shade trees, shrubs or fences/walls up to four (4) feet high.

B. Keystone Parkway Corridor Overlay Zone Landscape Requirements:

(1) Greenbelt:

(a) A landscaped Greenbelt area shall extend along the Right-of-Way of Keystone Parkway with a

minimum width of thirty (30) feet.

(b) A minimum base-planting unit for each one hundred (100) linear foot increment of the

Greenbelt has been designated, as follows:

(i) Six (6) shade trees

(ii) Two (2) ornamental trees

(iii) Fifteen (15) shrubs

C. U.S. Highway 31 Corridor Overlay Zone Landscape Requirements:

(1) Greenbelt:

(a) A landscaped greenbelt area shall extend along the Right-of-Way of U.S. Highway 31 with a




(i) Five (5) shade trees

(ii) Three (3) ornamental trees

(iii) Fifteen (15) shrubs or three (3) evergreen trees

(2) Foundation Plantings:

(a) Foundation plantings shall occur within planting beds measuring at least twenty-five (25) feet

in width along the front of the building and ten (10) feet in width by the remaining sides of the

building with exceptions for appropriate approach Driveways, pedestrian seating, and

pedestrian access to building entrances.

(b) Sidewalks up to eight (8) feet in width and approach Driveways may be permitted in these

areas, but shall not occupy the entire planting area on any side of the building(s).

D. U.S. Highway 421 – Michigan Road Corridor Overlay Zone Landscape Requirements:

(1) Greenbelt:

(a) A landscaped Greenbelt area shall extend along the Right-of-Way of U.S. Highway 421 with a




(i) Three (3) shade trees

(ii) One (1) ornamental tree

(2) Parking Lot Perimeter Planting. Where parking areas are located in the Front Yard directly adjacent to

U.S. 421, a perimeter planting area shall be provided along the front and sides of those areas.




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(a) The required minimum base-planting unit for this area shall include: three (3) shade trees, one

(1) ornamental tree, and thirty (30) shrubs per 100 linear feet.

(b) The perimeter planting area shall be provided within the Greenbelt area.

E. Old Town District Overlay Zone Landscape Requirements: This Overlay Zone is exempt from any

landscaping requirements within Section 33.05, and requires only landscaping which is stated herein.

(1) Historic Range Line Road Sub-Area.

(a) The Front Yard will be maintained with a groomed landscape of trees, shrubs, ground cover,

flowers and grass for the following guideline headings:

(i) Renovations and Additions to All Existing Buildings.

(ii) New Construction.

(2) Main Street District Sub-Area. No requirements.

(3) Character Sub-Area.

(a) The Front Yard will be maintained with a groomed landscape of trees, shrubs, ground cover,

flowers and grass for the following guideline headings:

(i) Renovations and Additions to All Existing Buildings.

(ii) New Construction.

F. Home Place Overlay Zone Landscape Requirements: No additional requirements.

G. Carmel Drive – Range Line Rd Overlay Zone Landscape Requirements: No additional

requirements.

H. West 116th Overlay Zone Landscape Requirements: No additional requirements.

I. Monon Greenway Overlay Zone Landscape Requirements: This Overlay Zone is exempt from any

landscaping requirements within Section 33.05, and only requires landscaping which is stated herein.

(1) Urban Section:

(a) Planting Requirements:

(i) When a Development Plan or other Commission approval includes or requires

reconstruction of the Monon Greenway, the Landscape Plan shall comply with the

Monon Greenway Cross Section requirements and must meet the approval of the

Director of Carmel/Clay Parks and the Director of Community Services or his/her

designee.

(ii) The Monon Greenway Setback shall be landscaped with a combination of shade trees,

shrubs, planting beds and ground cover, with exceptions for appropriate pedestrian

access to building entrances.

(iii) Alternatively, the Monon Greenway Setback may be covered with decorative hard

surfaces and/or pavers to allow seating areas or outdoor tables, such areas shall be

surrounded by low shrubs or planting beds.

(iv) Remaining facades shall have foundation plantings in beds no less than five (5) feet in

width, with exceptions for appropriate pedestrian access to building entrances.

Initially, plantings shall cover at least 75% of the base of the building (horizontally).

(b) Tree Preservation Requirements: Existing vegetation within the Monon Greenway Easement or

Right-of-Way shall be preserved in accordance with the Monon Greenway covenants.

Proposed preservation plans or alterations to the existing vegetation in the Monon Greenway

may be sought through a DP/ADLS proposal and require the approval of the Director of

Carmel/Clay Parks. Otherwise no changes to the Monon Greenway vegetation may be made.

Any proposed preservation or alteration outside of the Monon Greenway shall be reviewed by

the Director of Community Services or his/her designee and Plan Commission and must be in




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accordance with Section 33.06(I)(3): General Landscaping Requirements. When deemed

appropriate, and upon the approval of the Director of Community Services or his/her designee,

mitigation may occur within the Monon Greenway.

(2) Natural Section:

(a) Planting Requirements: When a Perimeter Bufferyard is required per Section 26.04 or Section

33.05, plantings along the Monon Greenway shall be provided as said type ‘C’ Bufferyard.

(b) Tree Preservation Requirements: Existing vegetation within the Monon Greenway Easement or

Right-of-Way shall be preserved in accordance with the Monon Greenway covenants.

Proposed preservation plans or alterations to the existing vegetation in the Monon Greenway

may be sought through a DP/ADLS proposal and require the approval of the Director of

Carmel/Clay Parks. Otherwise no changes to the Monon Greenway vegetation may be made.

Any proposed preservation or alteration outside of the Monon Greenway shall be reviewed by

the Director of Community Services or his/her designee and Plan Commission and shall be in

accordance with Section 33.06(I)(3): General Landscaping Requirements. When deemed

appropriate, and upon the approval of the Director of Community Services or his/her designee,

mitigation may occur within the Monon Greenway.

(3) General Landscaping Requirements. The requirements of this section shall apply to projects which

require Plan Commission approval, including DP, ADLS and Primary Plat review.

(a) Sites with existing trees or stands of trees shall protect and incorporate them into the overall

site design. The landscape plan must preserve not less than 75% of all trees that are 6” DBH or

larger and located within the required yard/setback areas.

(b) A five (5) foot wide planting area shall be provided along all sides of parking areas. The

minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 linear feet.

(c) Parking areas shall be located at the rear or side of buildings, and screened from the Monon

Greenway by low walls, low fences, or hedges, or a combination thereof.

(d) There shall be planted, at minimum, one (1) shade tree and five (5) shrubs per every ten (10)

parking spaces.

(e) The design of fencing, sound walls, trash enclosures and similar site elements shall replicate

the architecture of the Principal building(s) in construction material and detailing. No openings

or access gates for trash enclosures shall face the Monon Greenway.

33.07 Protection of Existing Trees and Vegetation.

A. Sites within the OM/Old Meridian District, U.S. Highway 31 Corridor Overlay, Home Place Overlay, Carmel

Dr-Range Line Rd Overlay and Monon Greenway Overlay zones with existing trees or stands of trees shall

protect and incorporate them into the overall site design. The Landscape Plan must preserve not less than fifty

percent (50%) of all trees that are:

(1) Six-inches (6”) (dbh) or larger, and

(2) Located within the Perimeter Bufferyard or Greenbelt.

B. Protection of Existing Trees: Sites with existing trees or stands of trees should make reasonable efforts to protect

and incorporate them into the overall site design. Existing vegetation proposed to be removed and tree

preservation areas shall be graphically illustrated on a separate plan, to be called the Tree Preservation Plan. (See

City of Carmel’s Tree Preservation Detail – Available from the Department of Community Services)

C. Tree Preservation Plans should be prepared by an International Society of Arboriculture Certified Arborist or

Board Certified Master Arborist, American Society of Consulting Arborists Registered Consulting Arborist, state

licensed Landscape Architect or similar professional.

D. When tree preservation is not possible due to other site constraints, the Director or his/her designee may require

a reforestation or afforestation plan.




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33.08 Innovative Landscape Design Applications. At least two (2) innovative and environmentally-friendly

applications are required and shall be described and shown on the landscape plan. When within Carmel City limits,

examples A(1) – A(4) may also count toward stormwater quality BMPs, as defined in Chapter 700 of the Stormwater

Technical Standards Manual established by Carmel City Code §6-186.

A. Examples of applications:

(1) Rain gardens consistent with water quality calculations contained in Chapter 700 of the Stormwater

Technical Standards Manual.

(2) Bioswales consistent with water quality calculations contained in Chapter 700 of the Stormwater

Technical Standards Manual.

(3) Pervious surfaces, such as pavers, concrete and asphalt consistent with water quality calculations

contained in Chapter 700 of the Stormwater Technical Standards Manual.

(4) Green roof system covering at least 25% of the roof area

(5) Native trees making up a significant percentage (generally 75%) of the total tree count as determined by

the Urban Forester. For purposes of this section, a native tree may be considered a tree species with

some form of a cultivar or variety of an Indiana native tree. (See Indiana Native Tree List – Available

from the Department of Community Services)

(6) Existing tree protection - Proper tree preservation of at least 10% of the Perimeter Bufferyard or 25

inches of trunk diameter (DBH) within the property.

(7) Foundation planting areas that are asymmetrical or curvilinear provided that the required amount of

space is landscaped.

(8) Parking Lot Interior Planting areas that are asymmetrical or curvilinear, provided that the required

amount of space is landscaped.

(9) Soil Volume Replacement Technologies to provide connectivity of planting beds or to provide each tree

with at least 200 square feet of root volume as determined by Urban Forester.

(10) Rubber sidewalks or similar technology within 10 feet of any tree or as determined by Urban Forester.

B. Modification by zoning waiver: The Commission may modify the requirement for landscape setbacks and open

space areas. The modification may only be approved when the Commission finds that the project provides:

(1) For outdoor dining activities, special paving, or other examples of exceptional architectural quality in

the project's design;

(2) A higher overall quality of landscape design than would normally be expected for a

similar development project; and,

(3) A superior landscape maintenance plan.

33.09 Landscape Installation and Maintenance.

A. Installation: All required landscaping approved as part of a DP/ADLS plan shall be installed prior to the

issuance of a full Certificate of Occupancy. When it is not possible to install the required landscaping because of

weather conditions, the property owner may be issued a temporary Certificate of Occupancy for a period up to

six (6) months or until the installation can be completed and the final landscape inspection passed, whichever is

less.

B. Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of all

trees, shrubbery and other landscaping approved as part of the DP/ADLS Plans in accordance with the standards

set by this sub-section. This should consist of watering, fertilizing, proper mulching, clearing of debris and

weeds, monitoring for pests and disease, mowing, pruning, the removal and timely replacement of dead,

hazardous or dying plants, treating for disease or injury, or any other similar act(s) which promotes growth,

health, beauty and the life of trees, shrubs, turf and other plants.

(1) Maintenance practices should follow the guidelines set by the American National Standard for Tree

Care Operations, ANSI A300 (current edition). American National Standards Institute, Inc.




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(2) Injury of Trees: Unless specifically authorized in writing by the Director or his/her designee, no

Person shall intentionally damage, cut, carve, transplant, remove, or attach any rope, wire, nails, staples,

advertising posters, or other contrivance; allow any substance which is harmful to such trees to come in

contact with them; or set fire or permit any heat to burn and injure any portion of any such tree.

(3) Topping of Trees: Topping [as defined herein] shall not be considered a reasonable maintenance

practice. Topping is defined as the severe cutting back of limbs internodally to stubs larger than two

inches in diameter within the tree's crown to such a degree as to remove the natural canopy and

disfigure the tree. Trees damaged by storms or other natural events, or trees under utility wires or other

obstructions where proper pruning practices are impractical, may be exempted from this ordinance at

the determination of the Director or his/her designee.

(4) Shrubbery will be allowed to grow to a natural height of at least three (3) feet without hedging or

significant pruning. Minor pruning of dead, dying, crossing or individual elongated limbs for shaping

will be allowed.

(5) Irrigation systems shall not be installed in the city owned Right-of-Way without approval by the Board

of Public Works. The City does not assume responsibility for any damage incurred to an unpermitted

irrigation system that is caused by work being performed in these areas.

C. Changes after Approval: No landscaping which has been approved by the Commission may later be substantially

altered, eliminated or sacrificed without first obtaining further Commission approval pursuant to Section

24.99(B) and in accordance with the Plan Commission’s Rules of Procedure. However, Minor and Material

Alterations in landscaping may be approved by the Director or his/her designee in order to conform to specific

site conditions, only when the alteration results in an improvement to the previously approved plan. A letter

requesting approval of changes shall state the following:

(1) Letter shall be on company letterhead – preferably owner’s

(2) Name of the project, Plan Commission or Board of Zoning Appeals docket number and building permit

number

(3) Count of plant material that will be substituted and the count of plant material that will be installed

(4) Species of plant material that will be substituted and the species of plant material that will be installed

(5) Location of substitutions or an attached revised Landscape Plan

(6) Quantity of plant material shall be equal or greater

(7) Quality of plant material shall be equal or better

D. Inspection: The Director or his/her designee shall have the authority to visit any development to inspect the

landscaping and check it against the approved plan on file.




Spring 2014 v1

CHAPTER 33: COMMERCIAL DEVELOPMENT LANDSCAPE ORDINANCE

AMENDMENT LOG

Ordinance No. Docket No. Council Approval Effective Date Sections Affected

Z-577-13 As Amended 13030009 OA October 7, 2013 October 15, 2013 Autumn 2013 v1

Z-586-14 As Amended 13120019 OA May 5, 2014 May 20, 2014 33.07.A Spring 2014 v1

Date post:	16-Oct-2021
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CARMEL ZONING ORDINANCE

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