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Home My WebLink Aboutexemptionf r�:. �:. . "`� . � � t` .�?��.��'��1� ��l��.��'�,� �a. l�;"w��1�� ' ��{��j� �!��+Y P�p�^q',�' p�+��; �(1I �S�p'1 ,j!�/�1 ��. .11 .. ,.4....sl� ... r . , .raw m+f+++�.u+n,".:4�i�A 'Y. ,{A� pl., 'Y.X' �I�R{. � 1W! 7�Y. � L3� I�u��hwi.m�_..w"v.. May 4, 2020 Tony McClurg, Vice President/Sr. Project Manager Via Electronic Mail CIT Construction, LLC 1016 3rd Avenue SW Carmel, IN 46032 RE: Exemption from Carmel Zoning and iAC Procedures Tony: Towns ip or the Carmel/Clay Parks and Recreation Department (a joint agency of the City and Township), and for the City of Carmel Fire Department or the Carmel Board of Worl<s by the Carmel Clay Municipal Building Corporation (anotherjoint agency of the City and Township) clearly fall under this exemption. Consequently, the various parks projects, the roundabout projects, and the fire building projects financed by the recent Township Bond proceeds (the "Projects") should all be considered "governmental facilities and buildings" and do not need to receive any zoning approvals or go through the Technical Advisory Committee process. This is consistent with the City's prior procedures when the Township constructed fire stations and park facilities for joint ownership and use in 2002, 2005 and Pursuant to Section 8,07(E) ofthe City of Carmel Unified Development Ordinance (copy attached), all City of Carmel and Clay Township governmental facilities and buildings are exempt from all City of Carmel zoning requirements and procedures. The current projects being constructed by Clay 2015. With respect to the issuance of an Improvement Location Permit ("ILP") for the Projects under Carmel Building Code Article 3 Section 7, the requirement of obtaining an ILP applies to all buildinps or structures within the Citv, and there is no apparent exemption for Township or City owned governmental buildings or facilities, Obtaining an ILP also appears to be a requirement for the receipt of a Certificate of Occupancy under the Code, which is required under the Contract Documents, so the ILP process should be followed for each of the ProJects. We are happy to answer any questions you or any Contractor may have. Very truly yours, KROGER, GARDIS & REGAS, LLP � ° l ��"''�"' Cc: Doug Callahan Brian C. Bosma, Partner KROGER GARDIS & REGAS, LLP 111 MONUMENT CIRCLE, SUITE 900 INDIANAPOLIS, INDIANA 46204-5125 PHONE (317 692-9000 FAx (317) 264-6832 KGRLAW.COM Article 8 Nonconformance City of Carmel Unified Development Ordinance 8.07 Exemptions The following structures and uses shall be exempt from the provisions of the Unified Development Ordinance: A. Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or wat�r and the collection of sanitary sewage or surface water operated and/or maintained by a government entity or a public utility, including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during construction, whether any such facility is located underground or above ground, but only when such franchised utility facilities are located in a street right-of-way or in an easement less than twenty-five (25) feet in width. The provisions of the Unified Development Ordinance shall be complied with on all private property and in easements twenty-five (25) feet in width and over. B. Railroad tracks, rights-of-way signals, bridges and similar facilities and equipment located on a railroad right-of way and maintenance and repair work on such facilities and equipment. C. Farms, as defined herein, are permitted in all districts. Dwellings and major (over 400 square feet) accessory buildings are subject to obtaining Improvement Location Permits for construction. D. Nothing in the Unified Development Ordinance shall prevent the restoration of a building or structure destroyed less than forty percent (40%) of its square footage at the time of such destruction (exclusive of the value of the lot) by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of the Unified Development Ordinance; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less than forty percent (40%) and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed forty percent (40%) or more shall be subject to obtaining an Improvement Location Permit and payment of fees. E. All City of Carmel and Clay Township governmental facilities and buildings are exempt from the zoning requirements and procedures listed herein.