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HomeMy WebLinkAboutZ-339 Changes to Zoning, Sub Division Control and Flood Plain OrdinancesORDINANCE NO. z-339 AN ORDINANCE OF THE CONINION COUNCIL OF THE CITY OF CARNIEL, INDIANA, MAKING TECHNICAL ANIENDNIENTS AND OTHER CORRECTIVE CHANGES TO THE CAI~XlEL/CLAY ZONING ORDINANCE, THE CAlOMEL/CLAY SUBDIVISION CONTROL ORDINA-NCE AND THE CARNIEL/CLAY FLOODPLAIN ORDINANCE WHEREAS, the City of Carreel and Clay Township, pursuant to a joindot agreement adopted under the Township Joindot law (IC 36-7-4-1200 et seq.), have caused to be prepared a comprehensive plan for the City and Township, which plan is known and referred to as the "2020 Vision Comprehensive Plan"; and WHEREAS, the 2020 Vision Comprehensive Plan was approved and recommended by the Carreel Clay Plan Commission on August 20, 1996, and duly approved by resolution of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Camel and Clay Township; and WHEREAS, certain amendments to the CarmelYClay Zoning Ordinance/Flood Plain Ordinance (Z-287), as amended, have been required by the Indiana Department of Natural Resources as a pre- requisite to our community's continued participation in the National Flood Insurance Pro~am. WHEREAS, the Common Council of the City of Carreel finds that it is reasonable and necessary to protect the public health, safety, comfort, convenience and general' welfare of the citizens of the City of Camel and Clay Township by requiring multi-purpose asphalt paths to be installed alongside parkways, arterial streets and other collector streets in the community; and WHEREAS. the Common Council of the City of Carmel finds that it is reasonable and necessary to protect the public health, safety comtbrt, convenience and general welfare of the citizens of the City of Carmel and Clay Township by updating definitions, and deleting duplicative and superseded provisions, in both the Subdivision Control Ordinance and the Zoning Ordinance applicable to the community. NOW, THEREFORE, BE [T ORDAINED by the Common Council of the City of Camel, Indiana, that, pursuant to [C 36-7-4-600 et seq. and [C 36-7-4-1400 et seq., and after having received a favorable recommendation from the Carmel Clay Plan Commission, it hereby adoors this Ordinance to amend the CarmeL, Clay Subdivision Control Ordinance (Z-t60), as amended; the Carmet/Clay Zoning Ordinance (Z-289), as amended; and. the Carmet/Clay Zoning Ordinance,'Floodplain Ordinance {Z-287), as amended by Scrivener's Error Amendment Ordinance (Z-31 [), to read as follows: A. Section 8.9 of the Carmel/Clay Subdivision Control Ordinance IZ-160}. as amended. entitled Sidewalks, is hereby fi. trther amended to read as tbtlows: "8.9.1 The installation of sidewalks in all subdivisions within the entire jurisdictional area of the Commission shal[ be mandatory., said side:valks being installed on both sides of the street in front or' the house in accordance with the current standards of the City of Carmet. Page One of Seven Pages 8.9.2 This includes sidewalks on existing roads with and bordering a subdivision. However, whenever the subdivision borders an existing road that is classified in the Thoroughfare Plan as a collector. parkway, secondary arterial, or primary arterial. the subdivider shall install an eight (8) foot multi-use asphalt path instead of a sidewalk along such road. B. Section 4.0 of the Camel/Clay Subdivision Control Ordinance (Z-160), as amended, entitled Definitions, is hereby further amended by deleting the definitions of the following terms, which terms are also defined in the Zoning Ordinance: "ALLEY ,APARTMENT BLOCK BLOCK FRONTAGE BOARD BUILDD4G SETBACK LINE CENTERLINE COMMISSION COMPKEHENSIVE PLAN CONDOMINTUM COOPEP,.ATIVE COUNCIL COUNTY CUL-DE-SAC DWELLING DWELLING, CLUSTER HOME DWELLING. M'ULTIPLE-FAMILY DWELLING, S INGLE-FANIILY DWELLING, TWO-FAMILY DWELLING UNIT FLOOD PLAIN GROSS DENSITY GROUND FLOOR HOUSE [:'.,kID ELEVATION IMPROVEMENT LOCATION PERiVIIT JURISDICTION OF THE CONLMISSION LOT LOT, CORNER '- LOT, DEPTH OF LOT. INTERIOR LOT LINE. FRONT LOT LINE. REAR LOT LINE. SIDE LOT. THROUGH LOT wIDTH OPEN SPACE P,ad~.TY WALL OR COMMON WALL PAVENIENT wIDTH PERSON Ordinance No. Page Two of Seven Pages PLAT ROADWAY WIDTH ROW HOUSE OR TOWN HOUSE SOIL M.:LP STP,.EET SUBDIVISION TYPE OF OWNERSHIP TYPE OF STRUCTURE VISION CLEAR.--XNCE ON CONLNER LOTS ZERO LOT LINE" C. Section 3.7 of the Carmel/Clay Zoning Ordinance (Z-289), as amended, entitled Definitions, is hereby further amended to change the definition of the term "SUBDIVISION" to read as follows: "SUBDIVISION. Any of the following shall be considered the subdivision of land requiring plat approval by the Plan Commission: (1) The division of any parcel of land (recorded after Janua~ 21, 1980, and before Janua~ l, 2000) into three (3) or more parcels, sites or lots, when more than ~vo (2) of the lots are less than five (5) acres in area, for the purpose of transfer of ownership, or building development, excluding cemeteries; or (2) The improvement (before January l, 2000) of one ( 1 ) or more parcels of land for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public utilities and /c~.cilities; or (3) 'Any division (recorded after December 31, 1999) of a lot or other parcel of land where: (A) the division results in rxvo (2) or more smaller lots or parcels, at least two (2) of which are less than five (5) acres in area; (B) the division results in two (2) or more smaller lots or parcels, any of which front on or utilize an easement of access; or (C) the division is for the purpose of building development (excluding cemeteries) and a street is to be dedica~'ed, reserved, or otherwise platted. All divisions of land recorded after a certain date, as specified in this definition. from a lot or other parcel oF land described on or before that date in the records of the Hamilton County Recorder shall be counted in determining the number of lots or parcels ebr the purpose of this definition. The original lot or parcel shall also be counted tbr this purpose. D. Section 3 of the Floodplain Ordinance (Z-287), as arnended, is hereby t~rther amended to include the fi311owing subparagraph (h): Ordinance No. Page Three of Seven Pages "h. Notify adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse. and submit copies of such notification to FEMA." E. Section 4(a) of the Floodplain Ordinance (Z-287), as amended, is hereby further amended to read as follows: The regulatory flood elevations for the SFHAs of White River, Cool Creek, Hot Lick Creek, Willjams Creek, Hentley Creek and Carmel Creek, within Clay Township, shall be as delineated on the 100 year flood profiles in the Flood Insurance Study of the City of Cannel dated November 19, 1980 and the corresponding Flood Boundary/Floodway Maps, dated May 19, 1981, as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date." F. Section 5(b)( 1 ) of the Floodplain Ordinance (Z-287), as amended, is hereby further amended to read as follows: If the site is in an identified ~oodxvay, the Director shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit tbr construction in a floodway. Under the provisions of lC 14-28-l, a permit from the Natural Resources Commission is required prior to the issuance of a local building permit for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, cleanrig and paving, etc. undertaken before the actual start of construction. No action shall be taken by the Director until a permit has been issued by the Natural Resources Commission ganting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Director may issue an Improvement Location Permit, provided the provisions contained in Sections 6 and 7 of this Ordinance have been met. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission." G. Section 5(b) of the Floodplain Ordinance (Z-2873, as amended, is herebv further amended to include subpara=q'aph 4. which shall read as follows: "4. If the site is an identified floodplain v,'here the limits of the floodway and floodway fringe have not yet been determined and the drainage area upstream of the site is less than one square mile. the Zoning Administrator shall require the applicant to Ordinance No. Page Four of Seven Pages provide an engineering analysis showing the limits of the floodway, floodway U on ti-inge and 100 year elevation for the site. p receipt, the Zoning Administrator may issue the local Improvement Location Permit, provided the provisions contained in Sections 7 and 8 of this Orctinance have been met." H. Section 7(a) of the Floodplain Ordinance (Z-287), as amended, is hereby further amended to read as follows: "SECTION 7. PROTECTING EXISTING BUILDINGS. In addition to the damage prevention requirements of this Section 6, all buildings to be located in the SFHA shall be protected from flood damage below the FPG. a. This building protection requirement applies to the following situations: 1. construction or placement of any new building having an enclosed area ~eater than 400 square feet or having an enclosed area ~eater than 100 square feet; 2. Structural alterations made to: (a) an existing structure (previously unaltered) building, the cost of which equals or exceeds 50% of the value of the pre-altered building (excluding the value of the land); (b) any previously altered building; 3. installing a manufactured home on a new site or a new manufactured home on an existing site. This Ordinance does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and 4. placement of a travel trailer on a site for more than one hundred eighty (180) days." I. Section I l of the Floodplain Ordinance (Z-287), as amended, is hereby further amended to read as tbllows: "SECTION l 1. VIOLATIONS. Failure to obtain an Improvement Location Permit in the SFHA or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation or' this Ordinance. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for the City or' Camel/Clay Township. and shall be subject to citation and fine in accordance with City Code Sections 10- 160 through I0-164. inclusive. Ordinance No. Page Five or' Seven Pages A separate offense shall be deemed to occur for each day the violation continues to exist. The Carmet/Clay Planning Commission shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. C, Nothing herein shall prevent the City of Carreel/Clay Township from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible." I. Section t of the Scrivener' s Error Amendment to the Floodplain Ordinance (Z-287) is hereby mended to read as follows: Regulatory Flood - means the flood having a one percent probability of being equaled to exceeded in any given year, as calcutated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section 4 of this Ordinance. The "Regulatory Flood" is also known by the term "Base Flood"." K. Section 23B.5 of the Carmet/Clay Zoning Ordinance (Z-289), as amended, is hereby further amended to include subparagaph 23B.5.C, which shall read as follows: "23B.5C Retail Uses Listed: For purposes of this Section 23B.5. all uses permitted in the B-8 District (Section 19.1), except for uses permittea in the B-5 District (Section 16.1), shall be considered retail uses." L. Chapter 33 of the Zoning Ordinance (Z-289), as amended, entitled Residential Open Space Ordinance, is hereby repealed in its entirety M. All prior ordinances or parts thereof which are inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance, and all prior ordinances or parts thereof which are not inconsistent with any provision of this Ordinance shall not be affected thereby and shall remain in t~ll force and effect. N. This Ordinance shall be in t~ll force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. Ordinance No. Page Six of Seven Pages PASSED by the Common Council of the City of Carmel. Indiana, this , 1999, by a vote of q ayes and (;) nays. day of ()(;TLZ',LS~-e.F' jfd/Un 7~ 17MMONI ~JNCIL P gOffi r .F - onald E. Carter Diana L Cordray, iAMer FOR THE CITY OF CAPT.~ ~"' der, President Billy ~ alker Presented by me to the Mayor of the City of Carreel, Indiana the ~/ day of /~!i3~- , t 999. ' [~ur Diana L~~ordray, er Approved by me, the Mayor of the City of Carreel, Indiana, this ~ day of ~ , t 999. J~Brainard, N~ayorfi~ Ordinance No. Page Seven of Seven Pages