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HomeMy WebLinkAboutZ-416-03 Definitions of Terms Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-416-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Amending those Sections of the City of Carmel and Clay Township Zoning Ordinance Setting Forth Definitions of Terms WHEREAS, it is in the best interest of the citizens of the City of Carmel and Clay Township to have a Zoning Ordinance that is easy to understand and use; and WHEREAS, relocating definitions currently scattered throughout the text of the Zoning Ordinance to Chapter 3: Definitions will simplify all users' efforts to understand and use the ordinance; and WHEREAS, adding new definitions for terms already found in the Zoning Ordinance will aid the usm's' comprehension of the text of the ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the zoning ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the Carmel/Clay Zoning Ordinance is incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section I: a. Adopt, Amend, and Repeal the following definitions in Section 3.07: Definitions: ADMINISTRATOR. See DIRECTOR. The ~ ~ ....... c ~.~ t'~.~222.=~ ~.~ *.~ *'~ f'~o~ *~ ...... AGRICULTURE, GENERAL. The use of land for agricultural purposes, including farming, pasturage, horticulture, floriculture, viticulture, and the necessary accessory uses for parking, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to the normal agricultural activities. The term agriculture does not include chemical storage or manufacturing associated with Agriculture. ANTENNA, RADIO OR TELEVISION TRANSMISSION. A signal receiving device, the purpose of which is to receive radio communications or television signal transmissions. ART & MUSIC CENTER. See CENTER, ART & MUSIC. ART GALLERY. A room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised or exhibited to the general public. p. 1 Ordinance No, Z-416-03 ARTIFICIAL LAKE OR POND. See LAKE OR POND, ARTIFICIAL. AUTOMATED TELLER MACHINE (ATM). A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access- controlled facility. AUTOMOBILE OR BOAT SALES. See SALES, AUTOMOBILE OR BOAT. AUTOMOBILE OR TRUCK REPAIR (INDOOR). See REP.4[R (INDOOR), AUTOMOBILE OR TRUCK. AWNING, PERMANENT. A permanent shelter supported entirely from the exterior wall of a building and composed of rigid or non-rigid materials. (See definition of WALL SIGN). AWNING, TEMORARY. A temporary shelter, erected and in place for less than six (6) months of any given year, supported entirely from the exterior wall of a building and composed of non- rigid materials except for the supporting framework. One decorative and non-commercial nature, clearly incidental and customary and commonly associated with any national, state, local or religious holiday. BANNER. A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere. BASEMENT. A story having part, but not less than one-half (~), of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided, used for dwelling purposes BED & BREAKFAST. A private, owner-occupied business with two (2) to ten (10) guest rooms where overnight accommodations and a morning meal are provided to transients for compensation and where the bed and breakfast inn is operated primarily as a business. BONA FIDE SERVANTS QUARTERS. Living quarters, which may include kitchen facilities, that are either attached or detached from the principal residence, used as a residence by persons employed to provide domestic services to the occupants of the principal residence. BRICK YARD. See COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES. BUILDING. A Structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by party walls, each portion of such a Building shall be considered a separate Structure. See also STRUCTURE. See also Section 3.04. BUILDING; MULTI-TENANT, GROUND FLOOR. An office or commercial building, occupied by two (2) or more businesses in which every business occupies space on the ground floor and every floor existing above. BUILDING; MULTI-TENANT, MULTI-LEVEL. An office or commercial building, occupied by two (2) or more businesses, which cannot be classified as a Multi-tenant, Ground ]Floor Building. BUILDING, SINGLE-TENANT. An office or commercial building in which all space is occupied by one (1) tenant. BUILDING FRONTAGE. See FRONTAGE, BUILDING. p.2 Ordinance No. Z416-03 CAR WASH. The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment. CARNIVALS, FAIRS, OR CIRCUSES. A traveling or transportable group or aggregation of rides, shows, games or concessions or any combination thereof. CATERING ESTABLISHMENT. An establishment providing meals and/or refreshments for public or private entertainment for a fee. CENTER, ART & MUSIC. A structure or complex of structures for housing the visual and/or performing arts. CENTER; CMC, COMMUNITY, or CONVENTION. A place, structure, area, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community. CENTER, UNIFIED. A grouping of businesses or buildings designed to function as a unit including converted residential structures with more than one (1) occupant space CHANGEABLE COPY. See COPY, CHANGEABLE. CHARITABLE ENSTITUTIONS. See INSTITUTIONS, RELIGIOUS OR CHARITABLE. CHURCH, TEMPLE, OR PLACE OF WORSHH'. A Building, together with its Accessory Buildings and property, where persons regularly assemble for religious purposes and related social events and which Buildings, together with Accessory Buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. CIRCUS. See CARNIVALS, FAIRS, OR CIRCUSES. CMC, COMMUNITY, or CONVENTION CENTER. See CENTER; CMC, COMMUNITY, or CONVENTION. CML VIOLATION. See VIOLATION, CIVIL. CLUB OR LODGE, PRIVATE. An association organized and operated on a non-profit basis for persons who are bonafide members paying dues, which association owns or leases premises, ~he use of which premises is res~cted to such members and their guests, and which manages ~e affairs of such association by and through a board of directors, executive commi~ee or similar body chosen by ~e members. Food, meals and beverages may be served on such premises, provided adequate dining room space and Idtchen facilities are available. This includes fraternities and sororities. COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FU1LNACES. A use typical to the manufacture of brick or block materials for wholesale distribution. COLLEGE OR UNIVERSITY. An Institution accredited at the college level by an agency or association recognized by the U.S. Secretary of Education and legally authorized to offer at least a one-year program of study creditable towards a degree. 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. COMMUNITY CENTER. See CENTER; CIVIC, COMMUNITY, or CONVENTION. CONVENTION CENTER. See CENTER; CMC, COMMUNITY, or CONVENTION. p. 3 Ordinance No. Z-416-03 COPY. The wording on a sign surface either in permanent or removable letter form. COPY, CHANGEABLE. Characters, letters or illustrations that can be changed or rearranged non- electrically or non-electronically without altering the face or surface of the sign. COPY AREA. The area in square feet of the smallest geometric figure(s) which describes the portion of the sign which encloses the actual Copy of the sign. COUNTRY CLUB. A club with recreation facilities for members, their families and invited guests. DATA PROCESSING & ANALYSIS FACILITY. Facility where electronic data is processed by employees, including, without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales and order collection, mail order and catalog sales, and mailing list preparation. DEPARTMENT. The Carmel Department of Community Services. DEVELOPMENT. Exi:t'.'ng e--:':g~o~__....~o x~..~'-'-'~*_~_~ ..... ~.x Any man-made change to improved or unimproved real estate including but not limited to: 1. construction, reconstruction, or placement of a building or any addition to a building; 2. installing a Manufactured Home on a site, preparing a site for a Manufactured Rome or installing a Recreational Vehicle on a site for more than one hundred eighty (180) days; 3. installing utilities, erection of walls or fences, construction of roads, or similar projects; 4. construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; 5. mining, dredging, filling, grading, excavation, or drilling operations; 6. construction and/or reconstruction or bridges or culverts; 7. storage of materials, or; 8. any other activity that might change the direction, height, or velocity of flood or surface waters. "Development" does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings. DRY CLEANING ESTABLISHMENT WITH ON-SITE PLANT. An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry with an on-site plant and the maintenance or operation of any laundry or dry cleaning equipment on the premises. DRY CLEANING ESTABLISHMENT WITHOUT ON-SITE PLANT. An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without an on-site plant and without the maintenance or operation of any laundry or dry cleaning equipment on the premises. DWELLING, SINGLE-FAMILY. A residential building containing only one (1) Dwelling Unit and not occupied by more than one ( 1 ) Family. Pursuant to IC 12-28-4-7, a Group Home for the mentally ill shall be treated as if it were a Single-Family Dwelling, unless the Group Home will be located Ordinance No. Z416-03 wffh~n three thousand (3,000) feet of another Group Home for the mentally il~ as measured between lot lines. Pursuant to IC 12-28-4-8, a Group Home for not more than :~gh: (2) ten (10) developmentally disabled individuals which is established under a program authorized by IC 12- 11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2) shall be t~eated as flit were a Single-Family Dwelling. EQUIPMENT SALES & REPAIR. The use of land, buildings or structures for the sale, storage or repair of equipment and machinery, which may include but is not limited to farm implement sales and repair and small engine sales and repair. ESTABLISH. In reference to signs, this term shall mean attach, alter, construct, paint, or move. EXISTING MANUFACTURED HOME PARK OR SUBDMSION. See MANUFACTURED HOME PARK OR SUBDMSION, EXISTING. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDMSION. See MANUFACTURED HOME PARK OR SUBDIVISION, EXPANSION TO AN EXISTING. FAIR. See CARNIVALS, FAIRS, OR CIRCUSES. FBFM. Flood Boundary and Floodway Map. FEED STORE. An establishment engaged in the retail sale of supplies directly related to the day-to- day activities of agricultural production. FEMA. Federal Emergency Management Agency. FHBM. Flood Hazard Boundary Map. FIRM. Flood Insurance Rate Map. FINANCIAL INSTITUTION. See INSTITUTION, FINANCIAL. FISCAL OFFICER. See OFFICER, FISCAL. FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. FLOOD, REGULATORY. Means the flood having a one percent (1%) probability of being equaled to or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resource Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section 22.04 of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood." FLOOD HAZARD ARE.i, SPECIAL. See SFH.4 or SPECIAL FLOOD HAZARD AREA. FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake, or watercourse which have been and hereafter may be covered by the Regulatory Flood. The floodplain includes both the Floodway and the Floodway Fringe districts. p. 5 Ordinance No. Z-416-03 FLOOD PROTECTION GRADE (FPG). The elevation of the regulatory flood plus two (2) feet at any given location in the SFHA. FLOODWAY. The channel of a river or a stream and those portions of the Floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the Regulatory Flood of any river or stream. FLOODWAY FRINGE. Those portions of the Floodplain lying outside the Floodway. FLOOR, LOWEST. Means the lowest floor of the following: 1. the top of the basement floor; 2. the top of the garage floor, ff the garage is the lowest level of the building; 3. the top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings, or; 4. the top of the floor level of any enclosure below an elevated building where the walls of the enclosure provided any resistance to the flow of flood waters unless: a. the walls are designed to automatically equalize the hydrostatic flood forces on the wails by allowing for the entry and exit of flood waters, by providing a minimum of two (2) openings (in addition to doorways and windows) having a total area of one (1) square inch for every one (1) square foot of enclosed area subject to flooding. The bottom of aH such openings shall be no higher than one (1) foot above grade. b. such enclosed space shah be usable for the parking of vehicles and building access. FOOD STAND. A structure used for the display and retail sale of food products with no space for customers within the structure itself. FRATERNITY. See CLUB OR LODGE, PRIVATE. FREEWAY. State Road 431, U.S. Hwy. 421, U.S. Hwy. 31 and Interstate 465. FRONTAGE, BUILDING. The linear length of the primary frontage of the building or segment thereof facing the street on which the sign shah be established. (Applies to Ground Floor only). FRONTAGE, PROPERTY. The length of property line of any one premises parallel to and along one (1) public and/or one (1) private street. FUNERAL HOME OR MORTUARY. An establishment providing services such as preparing the human dead for burial and arranging and managing funeral, and may include limited caretaker facilities. This may also include crematoriums. FURNACE, BLAST. See COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES. GENERAL AGRICULTURE. SeeAGRICULTURE, GENERAL. GENERAL OFFICE. See OFFICE, GENERAL. GENERAL PERSONAL SERVICES. See PERSONAL SERVICES, GENERAL. GENERAL RETAIL SALES. See SALES, GENERAL RETAIL. p. 6 Ordinance No. Z-416-03 GOLF COURSE. A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses. GRACE PERIOD. Extension of time granted for correction, termination, or cessation of a Civil Violation of the Zoning Ordinance. GRAIN ELEVATOR. A building for elevating, storing, discharging, and sometimes processing grain. GREENHOUSE, COMMERCIAL. A building used for the growing of plants, all or part of wi'rich are sold at retail or wholesale. This includes plant growing operations. GUEST HOUSE. SeeHOUSE, GUESZ HEARTH, OPEN. See COKE OVENS, BRICK YARDS, KTLNS, OPEN HEARTHS, OR BLAST FURNACES. HEAVY INDUSTRIAL. See lNDUSTRIAL, HEAVY. HEAVY MANUFACTURING. See MANUFACTURING, HEAVE HEIGHT, BUILDING. See BUIZDINGHEIGHT. HISTORIC SITE. A location set aside for no other purpose than to commemorate a historical event, activity, or person. HOME, MODEL. A finished, residential unit, including units in a multi-family structure and mobile homes for which a certificate of occupancy could be obtained, located in a residentially zoned district but utilized as an example of a product offered for sale to purchasers (by a realtor, builder, developer, or contractor). The dwelling house may be furnished but not occupied as a residence while being used as a Model Home. HOSPITAL, VETERINARY, WITH KENNEL. A facility for the practice of veterinary medicine with provisions for the boarding of auimals. HOSPITAL, VETERINARY, WITHOUT KENNEL. A facility for the practice of veterinary medicine without provisions for the boarding of animals. HOUSE, GUEST. Living quarters within a detached accessory building located on the same premises with the main residence building for use by temporary guests of the occupants of the main residence ...... ..~ ............. not rented or building, suc!: quartcrc..~,.,,~,~"; ..... ,.v ,~.~,,~., ~-~-.,.~~';*~- ~'~;"~;~ ~:' sc~ara:c ..,m,, .... , ..... ,~ otherwLse used as a separate Dwelling. ILLUMINATION. Artificial light which shall not be blinking, fluctuating, or moving. Light rays shall shine only upon the property within the premises and shall not spill over the property lines in any direction in excess of development standards of the Ordinance. IMPACT FEE STATUTE. The following provisions to the Indiana Code, as amended: IC 36-7-4- 1300 through IC 36-7-4-1342. IMPROVEMENT, SUBSTANTIAL. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement This p.7 Ordinance No. Z-416-03 term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements of any alterations of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." IMPROVEMENT LOCATION PERMIT. A permit signed by the Director stating that a proposed improvement complies with the provisions of this ordinance and such other ordinances as may be applicable. For the purposes of the Impact Fee Statute, and Improvement Location Permit (issued under the Carmel/Clay Zoning Ordinance) shall be considered a "structural building permit." INDOOR STORAGE. See STORAGE, INDOOR. INDUSTRIAL~.Lh.xF~rF. ACTL?....~.tG UEE, HEAVY. An industrial use which requires both building and open area for manufacturing, fabricating, processing, repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes which is not injurious to health or safety of humans or animals, or injurious to vegetation and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, or vibrations beyond the lira/ts established herein. INDUSTRIAL,~.~n..XFJFACTL?..~?G USE, LIGHT. An industrial use which creates a nfinimurn mount of nu/sance outside the plant, is conducted entirely w/thin enclosed buildings, does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than t~ansporting goods between buildings, provides for enclosed loading and unloading bcn~rks and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the limits established herein. This may include a machine shop, sign shop, welding shop, sheet metal shop, specialized contractor shop, or exterminating shop. INFRASTRUCTURE, PARKS AND RECREATION. The capital improvements that comprise the parks and other recreational facilities that are: i) are owned or leased by the Parks Board solely for a public purpose, and ii) are included in the Zone Improvement Plan. Parks and Recreation Infrastructure includes the site improvements and interests in real property needed for such parks and other recreational facilities. INSTITUTION, PENAL OR CORRECTIONAL. The use of land for the confinement or safe custody of persons so confined as the result of legal process and includes attendance centers established for persons sentenced to serve periods of community service. INSTITUTION, RELIGIOUS OR CHARITABLE. Non-profit organizations that are supported primarily by charity and whose principal function is the performance of charitable works or religious activities. This definition shall include but not limited to churches, mosques, synagogues, or other religious institutions. Not included in this definition are social organizations or clubs. KILN. See COKE OVENS, BRICK YARDS, KILNS, OPENHEARTHS, OR BLAST FURNACES. LAKE OR POND, ARTIFICIAL. A man-made body of water .... : ............ of (1000) square feet or greater in area. p. 8 Ordinance No. Z-4164)3 LAKE OR POND, ARTIFICIAL, NON-PLATTED. A body of water created artificially that is either fed or not fed by a watercourse that is not a part of a plat. LANDSCAPE. To make a plot of ground more attractive by adding plantings other than grass and which may include Mounding per this Ordinance. LETTER OF MAP AMENDMENT (LOMA). An amendment to the currently effective FEMA map that establishes that a property is not located in a Special Flood Hazard Area (SFHA). A LOMA is only issued by FEMA. LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations. LIBRARY. A public facility for the use, but not sale, of literary, musical, artistic, or reference materials. LIGHT INDUSTRIAL. See INDUSTRIAL, LIGHT. LIGHT MANUFACTURING. See MANUFACTURING, LIGHT. LODGE. See CLUB OR LODGE, PRIVATE. LOGO. The official emblem or insignia of an organization, corporation or institution. LOWEST FLOOR. See FLOOR, LOWEST. LUMBER OR BUILDING MATERIALS SALES. See SALES, LUMBER OR BUILDING MATERIALS. MANUFACTURED HOME. A Structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." MANUFACTURED HOME PARK OR SUBDMSION, EXISTING. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be aff'Lxed (including, at a minimum, the installation of utilities, the construction of streets, and either final grading or the pouring of concrete pads) is completed before the effective date of this ordinance (Ordinance No. Z-311 effective November 6, 1995). MANUFACTURED HOME PARK OR SUBDIVISION, EXPANSION TO AN EXISTING. The preparation of additional sites by the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). MANUFACTURED HOME PAR~ OR SUBDMSION, NEW. a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this ordinance (Ordinance No. Z-311 effective November 6, 1995). MANUFACTURED HOUSING SALES. See SALES, MANUFACTURED HOUSING. p. 9 Ordino~ce No. Z~16-03 MANUFACTURING, HEAVY. The manufacture or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic materials or explosive materials ueeded for the manufacturing process. These activities may include disposal of radioactive materials, fertilizer manufacturing, leather curing and tanning, lime, cement, asphalt, and gypsum refining and manufacturing, petroleum refining and manufacturing, reclaiming processes involving materials and/or chemicals that are considered dangerous to the health, safety and welfare of the general public as determined by the State of Indiana, Board of Health, or the City of Carmel, slaughtering, stock yards, wood preservatives refining and manufacturing, and the manufacture of flammable liquids or gases. MANUFACTURING, LIGHT. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing. This may include a lithographing establishment. MEETING OR PARTY HALL. A building designed for public assembly, containing at least one room having an area equivalent for four hundred (400) square feet per dwelling unit or 2,400 gross square feet, whichever is greater. MINERAL, SOIL, OR GRAVEL EXTRACTION OPERATIONS. Any process used in obta/ning, fi:om the earth, naturally occurring substances. MODEL HOME. See HOME, MODEL. MORTUARY. See FUNERAL HOME OR MORTUARY. MOTEL. Any Building or group of Buildings containing five (5) or more rooms with direct entrance to or from the outside, designed or/ntended to be occupied for sleeping purposes by guests for a fee~ MOTOR BUS OR RAILROAD STATION. See STATION, MOTOR BUS OR RAILROAD. MOUNDI31G. Slopes with a ratio in excess of 1 (vertical): 10 (horizontal), 1:10 (10%) slopes require approval by the Commission per ADLS review. Approval of mounding must be a part of the overall site landscaping plan. MI/LTI-FAMILY HOUSING COMPLEX. A building(s) for residential purposes with three (3) or more dwelling units, having common or party walls, on a single lot. MULTI-TENANT, MULTI-LEVEL BUILDING. See BUILDING, MULTI-TENANT, MULTI- LEVEL. MULTI-TENANT, GROUND FLOOR BUILDING. See BUILDING, MULTI-TENANT, GROUND FLOOR. MULTI-TENANT BUILDING COMPLEX. Two (2) or more buildings designed to function as a unit or one (1) building with seven (7) or more tenants. MULTI-TENANT BUILDING COMPLEX DIRECTORY SIGN. See SIGN, MULTI-TENANT BUILDING COMPLEX DIRECTORY. MULTIPLE-FAMILY DWELLING. See DWELLING, MULTIPLE-FAMILY. p. 10 Ordinance No. Z-4164)3 MUSEUM. An Institution that is established for the purpose of acquiring, conserving, studying, interpreting, assembling and exhibiting to the public for its instruction or enjoyment, a collection of artifacts of historical interest. MUSIC CENTER. See CENTER, ART & MUSIC. NAMEPLATE. A non-electrical walt sign identifying only the name and occupation or profession of the occupant of the premises on which the sign is located. If any premises include more than one occupant, refers to all names and occupations or professions as well as the name of the building and directional information. NEW MANLrFACTURED HOME PARK OR SUBDMSION. See MANUFACTURED HOME PARK OR SUBDIVISION, NEYE NOTICE OF VIOLATION. Written notification of non-compliance in accordance with Chapter 34: Zoning Violations. NURSING, RETIREMENT OR CONVALESCENT FACILITY. A home for the aged or infirm in which three or more persons not of the same immediate family are housed and provided with food, and/or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Included are limited care apartments, suites for the elderly, and assisted living and nursing homes. OFFICE, GENERAL. A place of business used exclusively for office proposes where no product or commodity for retail sale is located or sold, including but not lira/ted to sales offices, real estate offices, financial offices and Professional Offices. May also include data processing and analysis facilities, insurance offices, office buildings, office spaces, office uses, travel service bureaus, utility company business offices, and license bureaus. OFFICE, PROFESSIONAL. The office of a recognized profession maintained for the conduct of that profession. A profession is a vocation, calling, occupation, or employment requiring training in the liberal arts or sciences, or combination thereof, requiring advanced study in a specialized field; any occupation requiring licensing by the State and maintenance of professional standards applicable to the field. OFFICER, FISCAL. The fiscal officer, as defined by state law, of the local government unit imposing an impact fee pursuant to this PRIF Ordinance, namely the Clerk-Treasurer of the City of Carmel. OLD TOWN CARMEL. For purposes of signage, see Ma~ ar. Page M ! Section 25. 07, Diagram 3. OUTDOOR STORAGE. SeeSTORAGE, OUTDOOR. PAP, K, PUBLIC. A pubhc space and supporting facilities designed and used for a variety of recreational activities, a greater part of which take place outside of any structure. PARKING SIGN. See SIGN, PARKING. PARKS AND RECREATION INFRASTRUCTURE. See INFRASTRUCTURE, PARKS AND RECREATION. PARKS BOARD. The Carmel/Clay Board of Farks and Recreation, which is hereby identified as the "infrastructure agency" that is responsible for acquiring, constructing, or providing Parks and Recreation Infrastructure. p. ll Ordinance No. Z-416-03 PENAL OR CORRECTIONAL INSTITUTION. See INSTITUTION, PENAL OR CORRECTIONAL. PERSONAL SERVICES, GENERAL. An establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and barbershops, shoe repair shops, and tailor shops. PETITION FOR REVIEW. A petition filed with the Director to initiate an appeal of an impact fee calculation. PLACE OF WORSHIP. See CHURCH, TEMPLE, OR PLACE OF WORSHIP. PLAN, ZONE IMPROVEMENT. The zone improvement plan for Parks and Recreation infrastructure which was prepared by the Commission in conjunction with the 2020 Vision Comprehensive Plan of the City of Carmel and Clay Township and approved by the Commission on September 17, 1996, was duly and properly reviewed and amended, such amended version being approved by the Commission on November 21, 2000, (the "2001-2006 Zone Improvement Plan"). The 2001-2006 Zone Improvement Plan is attached hereto as Exhibit A and made a part hereof. PLANNED UNIT DEVELOPMENT DISTRICT. A zoning district for which a PUD District Ordinance is adopted under Section 31.06.04. POND. See L.4KE OR POND, ARTIFICIAL or LAKE OR POND, ARTIFICIAL, UNPL.4TTED. POST OFFICE. Houses service windows for mailing packages and letters, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail. POWER GENERATING PLANT. A complex of structures, machinery, and associated equipment for generating electric energy from another source of energy, such as nuclear reactions or a hydroelectric dam. PREMISES IDENTIFICATION. The common street address of a building displayed in numerals. PRINTING OR PUBLISHING ESTABLISHNIENT. A facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, and facsimile sending and receiving, and including offset printing. This may also include a newspaper publishing or printing plant, and a photography establishment. PRIVATE AIRPLANE/HELICOPTER LANDING &/OR SERVICE FACILITY. Any landing area, runway or other facility designed, used or intended to be used privately by any person or persons for the landing or taking off of aircraft and including all necessary taxiways, aircraft storage, tie-down areas, hangars, and other necessary buildings and open spaces. PRIVATE RECREATIONAL FACILITY. See RECREATIONAL FACILITY, PRIVATE. PRIVATE SWIMMING POOL, ETC. A Recreational Facility designed and intended for water contact activities that serves a Single-family Dwelling(s), Two-family Dwellings and/or Multi-family Dwellings, or combinations thereof. PROFESSIONAL OFFICE. See OFFICE, PROFESSIONAL. PROPERTY FRONTAGE. See FRONTAGE, PROPERTY. PUBLIC SERVICE FACILITY. Those facilities and installations which are intended to be accepted for maintenance by a governmental authority or public utility. p. 12 Ordinance No. Z-416-03 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 or 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 IC 36-7-4-1500 et seq. RADIO &/OR TELEVISION STUDIO. See STUDIO, RADIO &/OR TELEVISION. RAISING AND BREEDING OR NON-FARM FOWL AND ANIMALS. As establishment where animals are impregnated either naturally or by artificial insemination and the principal purpose of which is to propagate the species. RECREATIONAL ~ FACILITY, COMMERCIAL INDOOR. Any area of land, buildings and/or facilities used or intended for indoor recreational purposes and operated for remuneration. This may include amusement parks and arcades, billiard parlors, bowling alleys, dance halls, shooting galleries, indoor skating rinks, indoor sports facilities, and indoor tennis and racquetball facilities. RECREATIONAL FACILITY, COMMERCIAL OUTDOOR. Any area of land, buildings and/or facilities used or intended for outdoor recreational purposes and operated for remuneration. This may include outdoor theaters, go cart or race tracks, miniature golf, and water slides. RECREATIONAL FACILITY, PRIVATE. A private recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are usually located within or adjacent to such development. RECREATIONAL VEHICLE. See VEHICLE, RECREATIONAL. REGULATORY FLOOD. See FLOOD, REGULATORY. REHABILITATION FACILITY. see FACILITY, REHABILITATION. RELIGIOUS OR CHARITABLE INSTITUTIONS. See I~STITUTIONS, RELIGIOUS OR CHARITABLE. REPAIR (IN-DOOR), AUTOMOBILE OR TRUCK. Any enclosed building, structure, improvements, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of CB radios, car alarms, stereo equipment or cellular telephones. REPEATED CIVIL ZONING VIOLATION. See VIOLATION, REPEATED CIVIL ZONING. p. 13 Ordinance No. Z-416-03 RESEARCH LABORATORY STPJJC-'!v~P-.E OR FACILITY. A building for the accommodation of scientific research facilities such as electronic, engineering, chemical, medical and similar laboratories and planned and placed on im site in accordance with harmonious principles of architectural and landscape architectural design. RESPONSIBLE PARTY. Any person, firm or corporation, who uses property in violation of the Zoning Ordinance or who knowingly permits another person, firm or corporation to do so. RESTAURANT. An establishment which is primarily engaged in serving food and beverages which are consumed on its premises by its customers seated at tables and/or counters either inside or outside the building thereon, and, as an accessory use thereto, may be engaged in providing customers with take-out service of food and beverages for off-site consumption. This includes a delicatessen and a brewery or brew pub. RESTAURANT WITH DRIVE-THRU AND/OR WALK-UP FOOD SALES. An establishment engaged primarily in the business of preparing food and purveying it on a self-serve or semi self-serve basis. Customer orders and/or service may be by means of a walk-up counter or window designed to accommodate automobile traffic. Consumption may be either on or off the premises. RESTAURANT, DRIVE-THRU OR DRIVE-IN. An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile. REVIEW BOARD. The Carmel/Clay Impact Review Board established under Section 29.07.09 ROOF CROWN. Gutter line. of ~z~!cr. SALES, AUTOMOBILE OR BOAT. Any land, building, structure, or premises used for the sale or lease of new or used Motor Vehicles and/or boats. Automobile or Boat Sales may include automobile or boat repair and service. SALES, GENERAL RETAIL. Enclosed establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. SALES, LUMBER OR BUILDING MATERIALS. Retailing, wholesaling, or rental of building supplies or construction equipment within a completely enclosed structure, or within an outdoor area which is one hundred percent (100%) fully screened with a solid fence or wall with a minimum height no less than that of the material being sold or rented. This classification includes lumberyards, home improvement sales and services, tool and equipment sales or rental establishments. SALES, MANUFACTURED HOUSING. Any land, building, structure, or premises used for the sale or lease of manufactured houses. SALES, MOBILE HOME OR RECREATIONAL VEHICLE. Any land, building, structure, or premises used for the sale or lease of mobile homes or recreational vehicles. SALES, WHOLESALE. An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying p. 14 Ordinance No. Z-416-03 merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use. May include uses such as optician/opticai supply, or orthopedic/medical appliance & supply sales. SCHOOL, TRADE OK BUSINESS. Secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a rehgious, charitable or non-profit organization; or, a school conducted as a commercial enterprise for teaching instrumental music, dancing, gymnastics, barbering or hair dressing, drafting, industrial or technical arts, or culinary arts. May also include vocational or industrial training facilities, performing arts studios, art schools, business/commercial schools, and dancing academies. SCHOOL OF GENERAL ELEMENTARY OR SECONDARY EDUCATION. Any public, parochial or private school for any grades between first and twelfth that is either accredited by the Indiana Department of Public Instruction or recognized by and in good standing with the Indiana Department of Public Iustmction for purposes of compulsory education requirements. SELF SERVICE LAUNDRY. A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron. SlCHA or SPECIAL FLOOD HAZARD AREA. Those lands within the jurisdiction of the City that are subject to inundation by the Regulatory Flood. The SFItAs of the City are generally identified as such on the Flood Insurance Rate Map of the City prepared by the Federal Emergency Management Agency and dated February 19, 2003. SIGN. Any structure, fixture, placard, announcement, declaration, device, demonstration or insignia used for direction, information, identification or to advertise or promote any business, product, goods, activity, services or any interests. SIGN AREA. The area of a sign shall be calculated by multiplying its maximum vertical dimension by its maximum horizontal dimension, excluding the structural support. The gross Sign Area of a Ground Sign or Projecting Sign with back-to-back identical Copy mounted on the same standard(s) shall be the total area on one (1) side of the sign. SIGN FACE. The part of the sign area that is intended primarily for or can be utilized for communication purposes. SIGN PERMIT. A permit signed by the Director stating that a proposed sign has met with general provisions of this ordinance. SIGN STRUCTURE. Any structure which supports, has supported or is capable of supporting a sign, including decorative cover and planter boxes. SIGN, CENTER IDEiNrI'Id01CATION GROUND. Applicable only in a Multi-tenant Building Complex. Copy is limited to the name and/or address of the Multi-tenant Building Complex plus permitted Changeable Copy. SIGN, DIRECTORY. A sign identifying the names and locations of the occupants of a building. A directory sign may utilize Changeable Copy. For the purpose of this Ordinance a directory sign is not counted as a Ground Sign even if it is supported from the ground. SIGN, DWELLING UNIT. A Nameplate with a Sign Area not exceeding one (1) square foot. SIGN, GROUND. A sign supported by one or more uprights or braces placed in the ground, not attached to any building or structure. No display or advertising sign shall be attached to the standard of a ground sign other than the display surface originally constructed as a part of such sign. p. 15 Ordinance No. Z-416-03 SIGN, HEIGHT OF GROUND. The vertical distance measured from the ground level upon which the sign is Established to the highest point of the Sign Structure. SIGN, HOLIDAY. Temporary signs or displays of a primarily decorative and non-commercial nature, clearly incidental and customary and commonly associated with any national, state, local or religious holiday. SIGN, IDENTIFICATION. A sign which is limited to the name and/or address of a building, institution or person; to the activity carried on in the building or institution; the occupation of the person; and/or the logo. A logo, if desired, representing the building, business or institution on a sign in a unified center is limited to twenty five percent (25%) of the Sign Area. SIGN, INSTITUTIONAL. Any given sign setting forth the name of any public, charitable, educational or religious purposes such as, church, college or university, hospital, school. SIGN, INTEGRAL. A sign which is limited to the name of the building, the date of erection, a historical marker and/or a commemorative building tablet such as a cornerstone, when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type construction and made part of the structure. Integral signs are not intended to be used as a means or promotion, advertising or identification other than as outlined above. SIGN, LEGAL NON-CONFORMING. Any given sign which was lawfully established (has received a sign permi0 and maintained prior to such time as it came within or under the terms of this Code, November 5, 1981 or the prior Sign Code, May 23, 1973 and any amendment thereto, and which fails to conform to all applicable regulations and restrictions of this Ordinance, or a non-conforming sign for which a variance has been granted by the Board and for which a sign permit has been issued. (See also Section 25.07.08). SIGN, MULTI-TENANT BUILDING COMPLEX DIRECTORY. A directory sign in a multi-tenant building complex only if approved by the Commission when presented as part of a total sign package (B-4, B-7, B-8, M-3, and U.S. 31 Overlay Zone). Copy is limited to the names and/or locations of the buildings in the Multi-tenant Building Complex. Said sign shall have a maximum Sign Area of twenty (20) square feet and a maximum height of five (5) feet. SIGN, PARKING. Any sign used to designate parking areas of spaces for public or private use. Signs identifying parking areas shall be used solely for identification purposes, with only one parking sign per property frontage, including alleys for the purpose of this definition only, permitted. Signage used to indicate the reservation of a parking space for a specific person is permitted but, copy shall be limited to the name or title of the person for whom the space is reserved. (See Section 25.07.01-05 Exempted Signs). SIGN, POLITICAL CAMPAIGN. Any sign having reference to a candidate for elective public office or a public question or issue to be submitted to the voters at a general, special or primary election. SIGN, PORCH. A sign attached to a porch or overhang. A maximum sign area of six (6) square feet. This type of sign shah be permitted only in Old Town Carmel. SIGN, PORTABLE. A sign not permanently anchored or secured to either a building or the ground. SIGN, PROJECTING. A sign attached to and supported by a building and which extends out at any angle therefrom. This type of sign shall be permitted in Old Town Carmel only and shah be limited to twenty (20) square feet maximum Sign Area. p. 16 Ordinanot~ No. Z-416,-03 SIGN, PUBLIC. Official notices posted by the public officers or employees in the performance of their duties. SIGN, PUBLIC EVENT. A temporary sign announcing function of public interest. This does not include SALE signs. SIGN, REAL ESTATE. Any sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is located. SIGN, ROOF. A sign established and maintained upon the roof of a building which is located between the roof line and the roof crown. Roof signs are prohibited on residences which been converted to office, business and/or manufacturing uses. SIGN, SUSPENDED. A Ground Sign suspended from and installed on an arm or spar attached to one (1) upright, decorative pole. The pole and arm and/or spar are limited to a maximum 16-square-inch cross-sectional area. No display or advertising sign shall be attached to the standard of a suspended sign other than the display surface originally constructed as a part of such sign. (Twelve (12) square feet maximum sign area). This type of sign shall be permitted only in Old Town Carmel. SIGN, TRAFFIC DIRECTIONAL. Sign directing traffic movement onto and/or within a premise, not exceeding three (3) square feet in sign area for any one (1) sign; and shall not be higher than three (3) feet above ground level. Standard traffic directional signs, such as STOP and YIELD signs, shall comply with the "Uniform Manual for Traffic Control Devises." SIGN, VEHICLE. A sign on a vehicle of any kind, provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond two (2) inches from the original manufactured body proper of the vehicle. The vehicle to which the sign is attached shall be in proper working order and shall bear a current license plate and shall not be permanently parked on a public street or street right-of-way. See also Section 25.07.01-04(~). SIGN, WALL. A sign established on the wall of a building with the face in a parallel plane to the plane of the building wall, and which projects from the surface less than twelve (12) inches at all points. Said sign shall not extend beyond the edges of the wall upon which it is mounted nor above the rooffine. Permanent Awnings attached to the building shall be considered a part of the structure, and signs established on Permanent Awnings shall be considered wall signs. SIGN, WINDOW. Any building sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that placed i) inside of and within two (2) feet of a window; or ii) upon the window panes or glass; and visible from the exterior of the window. SINGLE-FAMILY DWELLING. See DWELLING, SINGLE-FAMILY. SINGLE-TENANT BUILDING. See BUILDING, SINGLE-TENANT. SORORITY. See CLUB OR LODGE, PRIVATE. SPECIAL FLOOD HAZARD AREA. See SFHA or SPECIAL FLOOD HAZARD AREA. p. 17 Ordinance No. Z-416-03 STATION, AUTOMOBILE SERVICE. Any place of business with or without pumps and underground storage tanks having as its purpose the retail servicing of Motor Veh/cles with fuels and lubricants, including minor repairs and inspections incidental thereto but not including a general repair shop, paint or body shop, machine shop, vulcanizing shop or any operation requiring the removal or installation of a radiator, engine, cylinder head, crankcase, transmission, differential, fender, door, bumper, grill, glass or other body part, or any body repairing or painting. May include Automobile Filling Stations. STATION, MOTOR BUS OR RAILROAD. Improvements and facilities at selected points along motor bus or railroad routes for passenger pickup, drop off, and waiting. Facilities and improvements may include shelters, benches, signs, structures, and other improvements to provide security, protection from weather, and access to nearby services. STORAGE. The existence of any stock, vehicles, equipment or materials enclosed or unenclosed for a period of more than seventy-two (72) hours and not for retail or wholesale display or sale, including the utilization or manufacture of explosive materials (not including explosive products), and flammable liquids or gases other than those used by the manufacturing establishments in their operational activity. STORAGE OR DISTRIBUTION i~ACILTY. A facility where goods are received and/or stored for delivery to the ultimate customer at remote locations. This includes food products distributing stations, trucking terminals, and packaging facilities. STORAGE OR SALE OF PETROLEUM PRODUCTS. Retail or wholesale sales and storage of petroleum, gasoline, fuel, oil, gas, or flammable liquid or fluid. STORAGE AND/OR WAREHOUSING, INDOOR. An enclosed space or place where goods, materials, or personal property is placed and kept for more than 24 consecutive hours. This may include cold storage lockers, self storage or mini-warehouse facilities, commercial warehouse storage, and contractor storage facilities. STORAGE AND/OR WAREHOUSING, OUTDOOR OUT$~n-~E. The keeping of any goods, junk, material, merchandise or vehicles in the same place, in an unroofed and/or unenclosed area, for more than twenty-fora (24) hours. STRUCTURE. Anything constructed or installed or portable, the use of which requires a location on a parcel of land. It includes a movable structure which is located on land which can be used for housing, business, commercial, agricultural or office purposes, either temporarily or permanently. Structure also includes billboards, swimming pools, poles, pipelines, transmission lines, tracks and advertising signs, whether located on a rock, tree, separate structure or part of another structure. Also, a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a Manufactured Home, or a prefabricated building. The term also includes Recreational Vehicles to be installed on a site for more than one hundred eighty (180) days. STUDIO, RADIO &/OR TELEVISION. Space in an outdoor or indoor area, building, part of a building, structure, or defined area, that is used primarily for the creation of ~m, television, music video, multi-media, or other related activities. SUBSTANTIAL IMPROVEMENT. See lMPROVEMENT, SUBSTANTIAL. TAVERN OR NIGHTCLUB. A commercial establishment dispensing alcoholic beverages for consumption in the premises. TEMPLE. See CHURCH, TEMPLE, ORPL.4CE OF WORSHIP. p. 18 Ordinance No. Z-416-03 THEATER, INDOOR. A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances. Uses include but are not limited to a movie theater and a performing arts center. TOWER, RADIO OR TELEVISION TRANSMISSION. Any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting a radio or television transmission antenna above ground. TRUCK STOP. A facility intended to provide services to the trucking industry, including but not limited to the following activities: dispensing of fuel, repair shops, automated washes, restaurants, and motels; all as part of the facility. UNIFIED CENTER. See CENTER, UNIFIED. UNIVERSITY. See COLLEGE OR UNIVERSITY. VEHICLE, RECREATIONAL. A vehicle which is: 1. built on a single chassis; 2. four hundred (400) square feet or less when measured at the largest horizontal projections; 3. designed to be self-propelled or permanently towable by a light-duty truck; and, 4. designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use. VETERINARY HOSPITAL V~ITH KENNEL. See HOSPITAL, VETERINARY WITH KENNEL. VETERINARY HOSPITAL WITHOUT KENNEL. See HOSPITAL, VETERINARY WITHOUT KENNEL. VIOLATION, CIVIL. The erection, alteration, enlargement, maintenance or use of any building, structure or land in violation of any provision of the Zoning Ordinance, Subdivision Control Ordinance, Sign Ordinance, Building Code applicable to such building, structure, or land in the zone in which it is located. VIOLATION, REPEATED CIVIL ZONING. A recurring violation of the Zoning Ordinance at the same location; or a violation of the same section of the Zoning Ordinance at a different location by the same responsible party. WATER MANAGEMENT FACILITY. A public or privately owner facility engaged in the distribution of raw or finished water. Uses may include water towers, pumping stations, above or below ground storage tanks, or water treatment facilities. WHOLESALE SALES. See SALES, WHOLESALE. WHOLESALING FACILITY. A facility primarily engaged in the selling and/or distributing of bulk merchandise to retailers, industrial, commercial, institutional, or professional business users, or to other wholesalers. This may include a transportation facility. WINDOW AREA. The total area of all windows along a Building Frontage. ZONE IMPROVEMENT PLAN. See PLAN, ZONE IMPROVEMENT. ZONING OFFICIAL. deoigncc. A designee of :l:the Director of the Department of Community Services cr ~2: p. 19 Ordinance No. Z-416-03 ZONING ORDINANCE. Zoning Ordinance of the City of Carmel, Township of Clay, Hamilton County, Indiana codified as Ordinance No. Z-289 Z I~9, as amended, and the Sign Ordinance, Carmel/Clay Township, Hamilton County, Indiana, codified as Z-302 Z 195, as amended. Relocate the definitions found in Section 25.15: Definitions to Section 3.07: Definitions. Amend Section 22. i5: Definitions to read as follows: 22.15 Definitions. Terms used in this Ordinance are defined in Chapter $: Definitions. p. 20 Ordinance No. Z-416-03 p. 21 Ordinance No. Z-416-03 Relocate the de£mitions found in Section 25.14(9): Definitions to Section 3.07: Definitions. Amend Section 25.14(B): Definitions to read as follows: 25.14 Premises Identification. B. Definitions. Terms used in this Ordinance are defined in Chapter $: Definitions. Relocate the definitions found in Section 25.07.01-02: Definitions to Section 3.07: Definitions. Amend Section 25.07.01-02: Definitions to read as follows: 25.07.01-02 Definitions. Terms used in this Ordinance are defined in Chapter $: Definitions. p. 22 Ordinance No. Z-416-03 p. 23 Ordinance No. Z416-03 tics: ~d :vsry tics: :::i:~g :5cv~ p. 24 Ordinance No. Z-416-03 p. 25 Ordinance No, Z.-416-03 Relocate the definitions found in Section 29.07.01: Definitions to Section 3.07: Definitions. Amend Section 29. 07. 01: Definitions to read as follows: 29.07.01 Definitions. Terms used in this Ordinance arc defined in Chapter 3: Definitions. th!: PP/F ~-'~ ..... Ln ad~5~n, ~e ....... ~, 4 1299 *~cu~!C 35 ? ~ 12~2. p. 26 Ordinance No. Z-416-03 Relocate the definitions found in Section 31.06.01: Definitions to Section 3.07: Definitions. Amend Section 31.06. 01: Definitions to read as follows: 31.06.01 Definitions. Terms used in this Ordinance arc defined in Chapter3: Definitions. Allc.~+'~-.~ ~.~-~'~;~ ...... ~---~+";-~ ~ ~ :~-~.-~ -~, -. ~' Dcfixi~v::s cf~: Zc=Lug w~Jch i: :.:dc ;m -vr?.mg by thc c':mer cf +~.~at pa:cc!, e:~cr PL~D DISTPiCT OP~CE, A zc~g or~nn~gg ' =ppi) g. p. 27 O~inanc~ No, Z~16-03 1. Relocate the definitions found in Section 34.00(A)(1-8) to Section 3.07: Definitions. Amend Section 34. 00: Zoning Violations to read as follows: 34.00 Zoning Violations. A. Definitions. Terms used in this Ordinance are defined a: fc!!cvm in Chapter $: Definitions~. no Amend Section 34.03(A) to read as follows: 34.03 Citation for Civil Zoning Violations. A. The Zcr, h:g Offici:! Director or his duly authorized designee(s), upon verification of a Civil Zoning Violation, may issue a civil violation to any responsible party(les) who commit(s) a civil zomg violation. The citation may be served by personal service or by certified mail oF by placement in a conspicuous place on the property where the Civil Zoning Violation occurs. If personal service of a Civil Zoniug Violation is made by a Zoning Official, said official will: 1. Wear on his person in a conspicuous ma~er, identification from the City of Carmel; and p. 28 Ordinance No, Z416-03 2. Wear on his person in a conspicuous manner, identification of his employment with the Department. The citation shall serve as notice to the responsible party(ies) that he has committed a civil zoning violation. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Cannel, Indiana this [ ~/~ day of ~/0'¥c~ ~f', 2003, by a vote of ~9 . ayes and O . nays. COMMON COUNCIL FOR THE CITY OF CARMEL ~ ~/ tf~f'esiding Officer / Kev~j~y ~~r~sid~nt P~T~~mp°r~ Robe~ ~eall ~ ~ ~. R~dle ~ ald E. C~er Wa~e Wilson ATTEST: Diana L. Cordray,(gAM~, 'Cl~k-T~surer p. 29 Ordinance No. Z-416-03 Presented by me to the Mayor of the City of Carmel, Indiana third~ day of ~x.~.~q/~ , 2003, at l 0: ccd fi, .M. Diana L. Cordray, I~X~ierk-~e~surer (J Ap/proved by me, Mayor of the City of Carmel, Indiana, this ~ day of /t~t~37 ]Dc~, 2003, at / (~ ~ ~_.M. ~ Mayor J:s Brainard, ATTEST: Diana L. Cordray, ~ Cler -l(-l~easurer Prepared by: John R. Molitor Camel/Clay Advisory Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 46032 p. 30 Ordinance No. Z-416-03 CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-416-03 Definitions Update To~ The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: RECEIVED CARMEL CLERK TREASURER The Carmel/Clay Advisory Plan Commission offers you the following report on application (Docket No. 40-02 OA) to make amendments to definitions and group all definitions into Chapter three of the Ordinance. The Carmel/Clay Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting of October 21, 2003, the Cannel/Clay Plan Commission voted nine (9) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-416-03 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-4-607(e)(3), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification is Tuesday, January 20, 2004. a l~Iancoc}k, Secretary ' Carmel/Clay Advisory Plan Commission Dated: Wednesday, October 22, 2003 2003-0725; Z-416-03; Definitions Update Certification 2