HomeMy WebLinkAboutZ-461-04 As Amended/Temporary UsesSponsor(s): Councilor Rattermann
ORDINANCE NO. Z-461-04
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance regulating Temporary Uses in the Carmel Zoning Ordinance and establishing a
Resubdivision process' in the Carmel Subdivision Control Ordinance.
VqHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in
lC 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 Carmel 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 Cannel and Clay Township
by regulating temporary and seasonal land uses and establishing a process by which properties
with Two-Family Dwellings can be divided; 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 36-7-4-701 the Common Council is authorized to
amend the text of the Subdivision Control 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 Cannel 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.
04070029 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) and the Carmel Subdivision
Control Ordinance (Ordinance No. Z-160), as amended, to read as follows:
Ordinance No. Z-461-04
1
Section I:
a. Amend Zoning Ordinance Section 3.07: Definitions to include the following definitions:
3.07
Definitions:
USE, TEMPORARY:
Short-term or seasonal uses which may be associated with construction projects or which
intend to sell or promote specific merchandise or products and shall include, but not be
limited to, special events, outdoor displays, outdoor seasonal sales, temporary
construction facilities, residential model homes, and temporary sales offices.
SPECIAL OUTDOOR EVENT: Short-term cultural, community and entertainment events that
take place outdoors shall be considered special events, including but not limited to fund-
raising activities by not-for-profit organizations, car washes, walks, runs and bike events,
concerts, or festivals.
DISPLAY, OUTDOOR. The temporary showing of materials or products in an unroofed and/or
unenclosed area for a period less than twelve (12) hours.
FIREWORKS, LEGAL. Legal fireworks shall refer to that term as defined by Indiana Code 22-
11-14-8.
SALES, OUTDOOR. The short-term outdoor display of products or memhandise in an unroofed
and/or unenclosed area by a business permanently established on the premise of which
the sale is located. This shall include, but is not limited to grand opening sales, sidewalk
sales, food stands, and specialty sales.
SALES, SEASONAL OUTDOOR. The short-term sale of agricultural products that are seasonal
in nature, including produce, nursery stock, Christmas trees, pumpkins, farmers' markets,
and other similar products as qualified by the Director of Community Services.
Amend Zoning Ordinance Section 25.08: Temporary Construction Facilities to read as
follows:
25.08
Construction Facilities, Temporary.
Temporary Construction Facilities, which shall include temporary construction offices, temporary
storage units, and temporary sales facilities shall only be permitted in the zoning districts as per
Appendix ,4: Schedule of Uses.
25.08.01 Temporary Construction Facilities require a temporary use permit however shall not be
assessed the temporary use permit fee.
25.08.02The duration of the temporary construction facility shall be fixed by the Director for a
term not to exceed eighteen (18) months. However, upon request and upon a site
inspection, the Director may extend such a permit for a length of time deemed
appropriate not to exceed eighteen (18) months per extension.
25.08.03 Temporary Construction Facilities shall be removed and permits shall expire within thirty
(30) days of the issuance of a Certificate of Occupancy for the related construction
project.
25.08.04Temporary Construction Facilities utilized as a temporary sales facility shall be fixed by
the Director for a term not to exceed four (4) months or upon the issuance of a Certificate
of Occupancy for a model home, whichever is less.
25.08.05Temporary Construction Facilities applications intended to be utilized as a temporary
sales facility must be submitted concurrently with a model home or temporary sales
center application as regulated under Section 25.16: Model Homes.
Ordinance No. Z-461-04
2
25.08.06 Signs for Temporary Construction Facilities shall be prohibited except for facilities being
utilized as a temporary sales facility which shall be subject to the model home sign
regulations as provided by Section 25.07.03-07: Model Home & Temporary Sales Office
Identification Signs of this Ordinance.
25.08.07 The Director shall ensure prior to issuing a Temporary Construction Facility permit, that:
A. If the temporary facility serves multiple properties, that the lot of which the
facility is located is not visually prominent from a primary project entryway;
B. Adequate access and off-street parking will be provided;
C. The placement of the temporary facility on the site shall not obstruct any Vision
Clearance;
D. The applicant has supplied the mobile unit certification number issued from
State Fire Prevention & Building Safety, Division of Code Enforcement; and
E. The applicant has supplied a copy of the mobile unit structure plans.
Adopt Zoning Ordinance Section 25. 20: Outdoor Storage to read as follows:
25.20
Outdoor Storage.
Outdoor Storage shall be permitted only as an Accessory Use to the Primary Use on the same lot
or tract of land.
25.20.01Outdoor Storage shall only be pertained in the zoning districts as per Appendix A:
Schedule of Uses.
25.20.02 Outdoor Storage areas shall not encroach into any minimum required setback yard or into
any drainage easement.
25.20.03 All Outdoor Storage shall provide a solid, opaque wall or fence of not less than six (6)
feet in height measured at the highest finished grade to screen the view from any adjacent
residentially zoned property or public right-of-way.
25.20.04A chain link fence or a variation of a chain link fence combination shall not constitute an
acceptable screening device to satisfy the requirements of subsection 25.20.03.
25.20.05 Materials stored behind any screening wall or fence shall be stacked no higher than one
(1) foot below the top of the fence or wall. Vehicles, trailers, mobile machinery or
equipment shall be permitted to exceed the height of such screening wall or fence,
provided, however, that no vehicle, trailer, mobile machinery or equipment shall be used
for, nor constitute, permanent storage.
Adopt Zoning Ordinance Section 25.21: Outdoor Display to read as follows:
25.21
Outdoor Display.
As an Accessory Use to the Primary Use on the same lot or tract of land, a person conducting an
established business in a building shall be permiiXed to display goods or merchandise and shall
conform with all of the following requirements
25.21.01Outdoor displays shall not exceed twelve (12) consecutive hours and shall only be
permitted in the zoning districts as per Appendix A: Schedule of Uses.
25.21.02Areas designated for an Outdoor Display shall not exceed ten (10) percent of the total
floor area of the structure occupied by the primary use to which such outdoor display is
accessory, or 1,000 square feet, whichever is less.
25.21.03 Outdoor Displays shall not be located within nor encroach upon:
Ordinance No. Z-461-04
3
A. Any public right-of-way;
B. Any minimum required setback yard, unless otherwise approved by the
Commission;
C. Any drainage easement;
D. A fire lane;
E. A maneuvering aisle;
F. A parking area.
25.21.05 Where located adjacent to a building and a parking lot, an tmoccupied area of not less
than five (5) feet in width shall be provided for pedestrian access between any Outdoor
Display and vehicle overhang areas of any adjacent parking lot.
25.21.06 Signs associated with Outdoor Displays shall be prohibited.
25.21.07Architectural Design, Exterior Lighting, Landscapin~ and Si~nage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
ADLS application of any proposed Outdoor Display. The application shall include the
types of merchandise and/or finished products, location, landscaping and other
improvement of the display area. Once approved by the Commission, the ADLS shall not
be materially or substantially changed or altered without the prior approval of the
Commission. Plan Commission approval is required prior to the issuance of an
Improvement Location Permit.
Adopt Zoning Ordinance Section 25.22: Sales, Outdoor, Temporary Use to read as
follows:
25.22
Sales~ Outdoor~ Temporary Use.
As an Accessory Use to the Primary Use on the same lot or tract of land, a person conducting an
established business in a building shall be permitted to temporarily display goods or merchandise
and shall conform with all of the following requirements:
25.22.01 Outdoor Sales shall only be permitted in the zoning districts as per Appendix A: Schedule
of Uses, such uses shall be allowed only as a Temporary Use, requiring a Temporary Use
Permit.
25.22.02Areas designated for Outdoor Sales shall not exceed five-percent (5%) of the area of the
lot.
25.22.03 Areas designated for Outdoor Sales shall not be located within nor encroach upon: A. Any minimum required setback yard;
B. Any drainage easement;
C. A tim lane;
D. A maneuvering aisle,
E. A parking space or spaces necessary to meet the minimum parking requirements
of the other use(s) of the lot or parcel.
25.22.04Outdoor Sales may be located within parking areas, provided it:
A. Does not interfere with pedestrian or vehicular access or parking.
B. Does not create a visibility obstruction to moving vehicles within a parking lot.
25.22.05 Goods or merchandise displayed in conjunction with an Outdoor Sale shall not exceed six
(6) feet in height.
Ordinance No. Z-461-04
4
25.22.06Only three (3) Outdoor Sales, Temporary Use permits shall be issued per property per
year. Outdoor Sales, Temporary Use Permits shall be issued for a term of five (5)
consecutive days per pennit.
25.22.07Signs for Outdoor Sales shall be prohibited except as provided by Section 25.07.03-06:
Signage for Temporary Uses of this Ordinance.
25.22.08Findings. The Director of Community Services may approve an application for Outdoor
Sales, Temporary Use as specified in this section only upon making the following
findings:
A. The proposed use will not adversely affect adjacent structures and uses nor the
surrounding neighborhood;
B. The proposed use will not adversely affect the circulation and flow of vehicular
and pedestrian traffic in the immediate area;
C. The proposed use will not create a demand for additional parking which cannot
be met safely and efficiently in existing parking areas;
D. The proposed use will not otherwise constitute a nuisance or be detrimental to
the public welfare of the community.
Adopt Zoning Ordinance Section 25.23: Special Event, Outdoor, Temporary Use to read
as follows:
25.23
Special Event, Outdoor, Temporary Use.
25.23.01 Special Outdoor Events shall only be permitted in the zoning districts as per Appendix A:
Schedule of Uses, such uses shall be allowed only as a Temporary Use, requiring a
Temporary Use Permit.
25.23.02Areas designated for Special Outdoor Events shall not be located within nor encroach
upon:
A. Any minimum required setback yard;
B. Any drainage easement;
C. A tim lane;
D. A maneuvering aisle.
25.23.03 Special Outdoor Events may be located within parking areas, provided:
A. It does not interfere with pedestrian or vehicular access or parking.
B. It does not create a visibility obstruction to moving vehicles within a parking lot.
C. The site has adequate on and off-street parking for patrons of the Special Event
as determined by the Director.
25.23.04Duration of Special Events shall not exceed five (5) days per event. The Director may
provide for a five (5) day extension.
25.23.05Signs for Special Outdoor Events shall be prohibited except as provided by Section
25.07.03-06: Signage for Temporary Uses and Section 25.07.04-01: Street Banners for
Civic Events of this Ordinance.
Adopt Zoning Ordinance Section 25.24: Sales, Seasonal Outdoor, Temporary Use to read
as follows:
25.24
Sales~ Seasonal Outdoor~ Temporary Use.
Ordinance No. Z-461-04
5
25.24.01 Seasonal Outdoor Sales shall only be permitted in the zoning districts as per Appendix A:
Schedule of Uses, such uses shall be allowed only as a Temporary Use, requiring a
Temporary Use Permit. Local non-profit organizations shall be~ exempt from all fees
associated with this type of Temporary U se permit.
25.24.02Areas designated for Seasonal Outdoor Sales shall not be located within nor encroach
upon:
A. Any minimum required setback yard;
B. Any drainage easement;
C. A fire lane;
D. A maneuvering aisle,
E. A parking space or spaces necessary to meet the minimum parking requirements
of the other use(s) of the lot or parcel.
25.24.03 Seasonal Sales may be located within parking areas, provided it:
A. Does not interfere with pedestrian or vehicular access or parking.
B. Does not create a visibility obstruction to moving vehicles within a parking lot.
25.24.04Goods or merchandise displayed in conjunction with a Seasonal Outdoor Sale shall not
exceed nine (9) feet in height.
25.24.05 Only one (1) Seasonal Outdoor Sales, Temporary Use permit shall be issued per property
per year. Seasonal Outdoor Sales, Temporary Use Permits shall be issued for a term of
thirty (30) consecutive days per permit unless otherwise approved by the Plan
Commission.
25.24.06Signs for Seasonal Outdoor Sales shall be prohibited except as provided by Section
25. OZ 03-06: Signage for Temporary Uses of this Ordinance.
25.24.07Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed temporary use with adjoining areas, the Commission shall
review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
application of any proposed Seasonal Outdoor Sale. Once approved by the Commission,
the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not
be materially or substantially changed or altered without the prior approval of the
Commission. Plan Commission approval is required prior to the issuance of Temporary
Use Permit. An applicant may continue to use an ADLS Approval to obtain subsequent
Temporary Use Permits provided that the proposed Temporary Use is consistent with
such ADLS Approval, including time limits.
Adopt Zoning Ordinance Section 25.25: Sale of Fireworks, Temporary Use to read as
follows:
25,25
Sale of Fireworks~ Temporary Use.
25.25.01 The temporary sale of legal fireworks shall only be permitted in the zoning districts
permitting General Retail Sales, as per Appendix A: Schedule of Uses; such uses shall
only be permitted as a Temporary Use, requiring a Temporary Use Permit.
25.25.02Legal fireworks shall only be sold from permanent structures meeting the conditions of
the 2003 Indiana Building Code (sec 307.5) and 2003 Indiana Fire Code (sec 202).
25.25.03Only one (1) Sale of Fireworks, Temporary Use Permit shall be issued per property per
year. Sale of Fireworks, Temporary Use Permits shall be issued for a term not to exceed
thirty (30) consecutive days.
Ordinance No. Z-461-04
6
25.25.04Signs for Sale of Fireworks shall be prohibited except as provided by Section 25.0Z03-
06: Signage for Temporary Uses of this Ordinance.
25.25.05 Sale of Fireworks, Temporary Use Permits applications shall include:
A. Three (3) copies of permit from Indiana State Fire Marshall;
B. Three (3) copies of Proof of Insurance;
C. Three (3) site plans illustrating the following:
i. Location of all structures;
ii. Public right-of-ways and easements;
iii. Parking spaces, parking lot circulation;
iv. Location of proposed temporary signage.
D. Three (3) structure plans illustrating the following:
i. Location of the fireworks;
ii. Location of sprinklers and exits;
Amend Zoning Ordinance Section 25.07.03-06: Signage for Temporary Uses to read as
follows:
25.07.03-06 Signa~e for Temporary Uses.
This section shall apply to those temporary uses established by Section 25.23 and Section 25.24 of
this Ordinance.
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
k)
~)
m)
SIGN CLASSIFICATION: Wall sign or ground sign.
NUMBER & TYPE: One (1) identification sign.
MAXIMUM SIGN AREA: Thirty-two (32) square feet
MAX1MUM HEIGHT OF GROUND SIGN: Six (6) feet.
LOCATION: Must not interfere with Vision Clearance.
DESIGN: No restrictions.
COPY: As per definition of identification sign.
ILLUMINATION: Not permitted.
LANDSCAPING: Not required.
REQUIRED APPROVAL: None.
S1GN PERMIT: Required.
FEES: Required, except for local non-profit organizations applying under Section 25.24
of this Ordinance.
T1ME: Limited to duration of temporary use permit.
Amend Zoning Ordinance Appendix A: Schedule of Uses to read as follows:
(See attached Exhibit A)
Adopt Subdivision Control Ordinance Section 5.08: Resubdivision; Lots Containing Two-
Family Dwellings to read as follows:
Ordinance No. Z-461-04
7
5.08
Resubdivision~ Lots Containim, Two-Family Dwellings.
5.08.01 Resubdivision. Rcsubdivision refers to the division of one (1) lot that contains one (1)
two-family dwelling into two (2) lots each of which contains one (l) dwelling unit, for
the purpose, whether immediate or future, of 'a'ansfer of ownership of either or both of the
resulting lots. Resubdivision does not include txansfers between adjoining lot owners
which do not create additional lots or buildable sites.
5.08.02 Procedure for Resubdivision. Whenever an owner desires to resubdivide a lot in an
already approved secondary plat, the owner shall first obtain approval for the
resubdivision by the same procedures prescribed for the subdivision of land.
5.08.03 Request for Waiver; Notice and Hearing;· After receiving an application for resubdivision
that includes an express request for waiver of the requirement of subsection 5.08.02
above, the Department shall place the application on the agenda of the Plat Committee
and require notice to be given to the general public and to interested parties as outlined in
the Commission's roles of procedure. The application shall be filed and heard by the Plat
Committee as a petition for a subdivision regulations waiver.
5.08.04 Approval of Waiver. Whenever, after notice and bearing, the Plat Committee makes a
finding on the record that the purposes of these regulations may be served by permitting
resubdivision without requiring an amendment of the original plat, the Plat Committee
may waive the requirement of subsection 5.08.02 above and approve the resubdivision
without further notice or hearing by the Commission.
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-461-04 PASSED by the Common Council of the City of Carmel,
· - - -~"~ '~ "f ayes and
Indiana thts~-¢)O day of~);zC.¢'r-~'-~ ,2004, by a vote of
nays.
Ordinance No. Z-461-04
8
Officer
~,~__.~.......~..._esident Pro Tempore
/~e ~Tti~if~s, DistriCt 4
ATTEST:
Dian~ordinance No. Z-461~04 U~iseUri~ed
this.01 dayoI~
Mark Ra)~ann, )a-Large
Rick sharp, Dfi~rict 1
by me to the Mayor of the City of Carmel, Indiana
~.t .M.
Diana L. Cordray, IAMC, Cler~CTl~easur
er
Ordinance No. Z-461-04 Approved by me, Mayor of the City of Carmel, Indiana, this
day of ~ ~c ~vk,<~, 2004, at I0 i:~ .M. ~
ATTEST:
Diana L. Cordray, IAMC, Cle/k-~reasurer
Prepared by: John R. Molitor ~
Carmel Plan Commission Attorney
One Civic Square
Carmel, IN 46032
Ordinance No. Z-461-04
9