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HomeMy WebLinkAboutZ-460-04 Regulating Denied Petitions Sponsor(s): Councilor Rattermann ORDINANCE NO. Z-460-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance regulating denied petitions in the Carmel Zoning Ordinance. WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Cannel and Clay Township; and WHEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by amending the process by which properties that are the subject of a denied petition may be reconsidered; 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 Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-600 and IC 36-7-4-700 et seq. and after Docket No. 04080064 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, October 19, 2004, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended) to read as follows: Ordinance No. Z-460-04 1 Section I: a. Amend 3' 21.02.05 of the Zoning Ordinance as follows: 21.02.05 Approval or Denial of the Special Use or Special Exception Application by the Board. Upon approval of the Special Use or Special Exception, the Board shall inform the Director that he may issue Improvement Location Permits for the Special Use or Special Exception and inform the applicant of the time limits set forth in Section 21.02.07. The Board shall inform the applicant that he may apply to the Director for Improvement Location Permits for the Special Use or Special Exception, if necessary, or may commence the Special Use or Special Exception if no permits are required. Failure of the Director to inform the applicant of the time limits set forth in Section 21.02.07 shall not relieve the applicant of complying with said Section. A Special Use or Special Exception application that is denied by the Board is ineligible to be placed again on the Board's agenda for consideration until the legality of the Board's decision is finally determined by a court, pursuant to judicial review according to the Advisory Planning Law, or for a period of twelve (12) months following the date of the denial, whichever is later. In addition, whenever a Special Use or Special Exception application is denied, the property involved in the application may not be the subject of a different Special Use or Special Exception application, or any variance application or rezone proposal, for a period of six (6) months following the date of the denial. b. Amend 3~ 30. 05.04 of the Zoning Ordinance as follows: 30.05.04Approval or Denial of the Application by the Board. Following the public hearing on the variance application, the Board shall approve or deny the application. The Board, upon approval of a variance application, may at its discretion determine the length of time the variance shall run. The variance may be permanent or it may be set for a reasonable period subject to renewal upon expiration. The Board shall notify the Director and the applicant of its decision on the variance application, including all conditions contained as a part thereof. The Director shall notify the applicant of the time limits set forth in Section 30.05.05. All further actions taken by the applicant or the Director concerning the situation for which the variance is filed, including the issuance of an Improvement Location Permit, shall be subject to said ruling of the Board. Failure of the Director to inform the applicant of the time limits set forth in Section 30.05.05 shall not relieve the applicant of complying with said Section. A variance application that is denied by the Board is ineligible to be placed again on the Board's agenda for consideration until the legality of the Board's decision is finally determined by a court, pursuant to judicial review according to the Advisory Planning Law, or for a period of twelve (12) months following the date of the denial, whichever is later. In addition, whenever a variance application is denied, the property involved in the application may not be the subject of a different variance application, or any Special Use or Special Exception application or rezone proposal, for a period of six (6) months following the date of the denial. c. Amend 3~ 31.06. 06 of the Zoning Ordinance as follows: 31.06.06Rules Governing Reconsideration. The Commission may adopt a rule to limit further consideration, for up to one (1) year after its defeat, of any proposal that is defeated under the Advisory Planning Law. The Commission may also adopt a rule to limit consideration, for up to six (6) months after the withdrawal or defeat of any proposal, of any other proposal involving the same property that was the subject of the withdrawn or defeated proposal. Ordinance No. Z-460-04 2 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. Ordinance No. Z-460-04 PASSED by the Common Council of the City of Carmel, Indiana this ~13 day of k~o~:~.,-~.J~e~ , 2004, by a vote of ayes and (~ nays. Ordinance No. Z-460-04 3 P~sidin~fficer -- - t. Kevin ~ffby, Distric~f'/2/ / qk'~nald,E~Carter} President Pr~-Tempore B~anqMayo~Dist ' c'~~i _ Mark .~?. _"~ Ra~ann,/~t-Large Rick Sha~, D'~trict 1 ATTEST: Dian~k-Treasurer Ordinance No. Z-460-04 Presented by me to the Mayor of the City of Carmel, Indiana S+ ~' ~ this~21 day of J~.' et ~4x~ 2004, at (~t(.~ l;~- .M. ~'asurer Diana L. Cordray, IAMCkClerk-T~e Ordinance No. Z-460-04 Approved by me, Mayor of the City of Carmel, Indiana, this dayof~¢~ ~b~ 2004, at ~t.~!~ I~.M. J~es Brainard, Mayor ATTEST: Dlan~M' . ~-,~Cler Treasurer Prepared by: John R. Molitor Carmel Plan Commission Attorney One Civic Square Carmel, IN 46032 Ordinance No. Z-460-04 4