HomeMy WebLinkAboutZ-335 Amend PUD3 1.6 AMENDMENTS TO THE ZONING ORDINANCE
31.6.1 Definitions
All of the definitions contained in Section 3.0 of the Zoning Ordinance shall apply to this Section. In addition, the following
definitions shall also apply to this Section:
COMMITMENT. A covenant concerning the use or development of a parcel of real property which is made in writing by
the owner of that parcel, either voluntarily or in accordance with an order or request of the Commission.
PLANNED UNIT DEVELOPMENT DISTRICT. A zoning district for which a PUD District Ordinance is adopted under
Section 31.6.4.
PUD DISTRICT ORDINANCE. A zoning ordinance that:
(1) designates a parcel of real property as a Planned Unit Development District;
(2) specifies uses or a range of uses permitted in the Planned Unit Development District;
(3) expresses in detailed terms the development requirements that apply in the Planned Unit Development District;
(4) specifies the plan documentation and supporting information that must be supplied before an improvement location
permit may be issued for development of real property in the Planned Unit Development District;
(5) specifies any limitation applicable to the Planned Unit Development District; and
(6) meets the requirements of lC 36-74-1500 et seq.
31.6.2 Proposals to Amend or Partially Repeal the Text of the Ordinance
The following procedure applies to a proposal to amend or partially repeal the text (not zone maps) of this Zoning
Ordinance:
(1) The proposal may be initiated by either the Commission or the Council; however, if the Council initiates the proposal, it
shall require the Commission to prepare it.
(2) The Commission shall prepare the proposal so that it is consistent with applicable state law.
(3) In considering the proposal, both the Commission and the Council shall pay reasonable regard to (i) the Comprehensive
Plan, (ii) current conditions and the character of current structures and uses in each district, (iii) the most desirable use
for which the land in each district is adapted, (iv) the conservation of property values throughout the City. and the
Township, and (v) responsible development and growth.
(4) The Commission shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure.
(5) Within ten (10) business days after the Commission determines its recommendation (if any), the Commission shall
certify the proposal to the Council with a favorable recommendation, an unfavorable recommendation, or no
recommendation from
(6) The Council shall vote on the proposal within ninety (90) days after the Commission certifies the proposal. The
Council's consideration of the proposal is govemed by IC 36-74-607.
(7) If the proposal is adopted, the Commission shall print the amendments to the Zoning Ordinance in book or pamphlet
form, or arrange for them to be included in the City's Code of Ordinances.
(8) Unless the proposal provides for a later effective date, the amendments contained in the proposal take effect when the
proposal is duly adopted, except for any provision prescribing a penalty or forfeiture for a violation, which may not take
effect until the Commission complies with the applicable notice and filing requirements described in IC 36-7-4-610.
31.6.3 Proposals to Chanc, e the Zone Maps Incorporated into the Ordinance
The following procedure applies to a proposal to change the zone maps (whether by incorporating an additional map or by
amending or deleting a map) incorporated by reference into this Zoning Ordinance:
(1) The proposal may be initiated either (A) by the Commission, (B) by a petition signed by property owners who own at
least fif~ percent (50%) of the land involved, or (C) by the Council; however, if the Council initiates the proposal, it
shall require the Commission to prepare it.
(2) The Commission or petitioners shall prepare the proposal so that it is consistent with applicable state law.
(3) In considering the proposal, both the Commission and the Council shall pay reasonable regard to (i) the Comprehensive
Plan, (ii) current conditions and the character of current structures and uses in each district, (iii) the most desirable us
for which the land in each district is adapted, (iv) the conservation of property values throughout the City and the
Township, and (v) responsible development and growth.
(4) The Commission shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure.
(5) Whenever the Commission deems it advisable in regard to the matters contained in subparagraph (3) above, the
Commission may permit or require the owner of a parcel of real property to make a Commitment subject to the rules
prescribed for Commitments by Section 31.6.5. By permitting or requiring a Commitment, the Commission does not
become obligated to recommend or not recommend the adoption of the proposal.
(6) Within ten (10) business days after the Commission determines its recommendation (if any), the Commission shall
certify the proposal to the Council with a favorable recommendation, an unfavorable recommendation, or no
recommendation from the Commission.
(7) The Council shall vote on the proposal within ninety (90) days after the Commission certifies the proposal. The
Council's consideration of the proposal is governed by IC 36-74-608.
(8) During the time when the proposal is being considered by the Council, the owner of a parcel of land may make a new
Commitment or modify the terms of a Commitment made when the proposal was before the Commission. No further
action of the Commission is required for a new Commitment to be effective. If a Commitment made when the proposal
was before the Commission is modified and the effect of the modification is to make the Commitment more stringent, no
further action of the Commission is required for the modified Commitment to be effective; however, if the effect of such
a modification is 'to make the Comn~it. ment less stringent, then the modified Commitment must be ratified by the
ConmUss/on to be eff~cti;,,e. A Com;nitment made or modified under this provision is subject to the rides prescribed for
Conm~itn:ents by Section 3 1
(9) If the proposal is adopted, the Commission shall update the zone maps 'v3:~at it keeps avaiiabte with the Zoning Ordinm~ce
and the City's Code of Ordinances.
(I 0) Unless the proposal provides for a later effective date. the updated zone maps contained in the proposal take effect.
when the proposal is duly adopted
31.6.4 Proposals to Adopt or Amend Planned Unit Development District Ordinances
The following procedure applies to a proposal to adopt or amend a PUD District Ordinance:
(1) Prooosals for a PUD District Ordinance shall only be considered on oropertv located between the eastern
boundary of Sprinp Mill Road and the White River.
(2) (4-) The proposal must be initiated by a petition signed by property owners who own all of the land to be included in the
Planned Unit Development District.
(3) (4-) The petitioners shah prepare the proposal so that it is consistent with the definition of a PUD District Ordinance
provided in Section 31.6.1 above.
(72) The proposal may provide that any development requirements (other than permitted uses) that are specified in the
PUD District Ordinance may be modified by a heating examiner or committee designated by the Commission, after a
public hearing held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing
examiner or committee which approves or denies any requested modification may be appealed by the Director or any
interested party to the Commission, also in accordance with the Commission's Rules of Procedure.
(5)--(4) In considering the proposal, both the Commission and the Council shall pay reasonable regard to (i) the
Comprehensive Plan, (I-I) current conditions and the character of current' structures and uses in each district, (iii) the
most desirable use for which the land in each district is adapted, (iv) the conservation of property values throughout the
City and the Township, and (v) responsible development and growth.
(6). (-5-) The Commission shall give notice and hold a public heating on the proposal in accordance with its Rules of
Procedure.
(7) (6) Whenever the Commission deems it advisable in regard to the matters contained in subparagraph (3) or (4) above,
the Commission may permit or require the owner of a parcel of real property to make a Commitment subject to the
roles prescribed for Commitments by Section 31-6.5. By pennitting or requiting a Commitment, the Commission does
not become obligated W recommend or not recommend the adoption of the proposal.
(8) (-79 Within ten (10) business days after the Commission determines its recommendation (if any), the Commission shall
certify the proposal to the Council with a favorable recommendation, an unfavorable recommendation, or no
recommendation from the Commission.
(9). 6?,) The Council shah vote on the proposal within ninety (90) days after the Commission certifies the proposal. The
Council's consideration of the proposal is governed by IC 36-7-4-608 and IC 36-7-4-1512.
(10) (~39 During the time when the proposal is being considered by the Council, the owner of a parcel of land may make a
new Commitment: or modify the terms of a Commitment made when the proposal was before the Commission. No
further action of the Commission is required for a new Commitment to be effective. If a Commitment made when the
proposal was before the Commission is modified and the effect of the modification is to make the Commitment more
stringent, no further action of the Commission is required for the modified Commitment to be effective; however, if the
effect of such a modification is to make the Commitment less stringent, then the modified Commitment must be ratified
by the Commission to be effective. A Commitment made or modified under this provision is subject to the rules
prescribed for Commitments by Section 3 1.6.5.
(11) (44)) Ifthe proposal is adopted, the Commission shall update the zone maps that it keeps available with the Zoning
Ordinance and the City's Code of Ordinances to reflect the designation of the parcel as a Planned Unit Development
District.
(12) (-14-) Unless the proposal provides for a later effective date, the PUD District Ordinance takes effect when the proposal I
is duly adopted.
31.6.5 Rules Go'verninff Commitments
(t) Form. A Commitment must be in substantially the form set forth m the Commission's Rules of Procedure~ and must
identi~' any specmlly affixed persons or class of specially affected persons who may en~brce the Commitment. A
Conm'ntment must authorize its recording by the Director m the office of the Hamilton County Recorder.
(2) Recordin~gpies. A Commitment shall be recorded in-tJ~e o.,~ce of the Hamilton County Recorder and takes eft0ct
upon the adoption of the proposal to which it relates. Following the recording of a Commitment, the Director shall retun~
the original recorded Commim~ent to the o~q'~er and shall retain a copy of the recorded Commitment m the Commission's
(3) Persons Bot:nd. Unless it is modified or temm~ated by the Commission in accordance with subparagraph (.4) below, a
recorded Commitment is binding on the owner of the parcel, a subsequent ox~q~er office parcel, and any other person
who acquires an interest in the parcel. An unrecorded Commitment is binding on the owner of the parcel M~o makes tfhe
Conunitme*qt. An unrecorded Commitment is binding on a subseque~t ov,,~er of the parcel or a person acquiring an
roterest m the parcel only if the subsequent owner or the person acquiring the interest has actual notice of the
Commitment~
(4) MO. dj..'_ficatig_n_.p_r_~Z~J.~p~B~gj~!Lb_Z~LCommission, Except for a Cormnitment modified under Section 3 1.6.3 (8) or 3
1.6.4(9) above or automatically terminated under subparagraph (5,} below, a Commim~.ent may be modified or
ternre'rated only by a decision of the Commission made at a public hearing after notice of the hearing has been given
under the Cornmission's Rules of Procedure.
(5) Rezone Proposals. Automatic Termination, A Commitment made under Section 3 I..6.3 above automatically terminates
if after the adoption of the proposa~ to which it relates:
(A) th.e zone map applicable to the parcel is changed; or
the parcel is desijmted as a P!armed Unit Development district under flus Zoning Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana this
,1999, by a vote of fY ayes and ]
~' da
y Of
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
~obert Ba~,,_~l
P~ald E. Carter
/
tdBill~~alker /
ATTEST:
IAMC, er
Presented by me to the Mayor of the City of Carmel, Indiana the
, 1999.
7'/~ day of
Approved by me, Mayor of the City of Carreel, Indiana, this 47//4~ day of
,~_ ,1999. ~C / )
j dMy
s rainar , a or
ATTES~ CI~k-T~~
Diana L. Cordray, IAMC, -
iana L. Cordray, IAMC, Clerk-T~t~surer