HomeMy WebLinkAboutZ-170 Spec. Use App. GuidelinesORD AMCE NUMBER
AN ORDINANCE TO AMEND THE CARMEL ZONING
ORDINANCE, Z-160 BY PLACING TIME LIMITS
ON IMPLEMENTATION OF SPECIAL USES AND VARIANCR~
WHEREAS, the Carmel Plan Commission has forwarded a recommendation
to limit the time period in which an approved special use or variance
is valid, and proposed specific language in the form of this ordinance,
and, WHEREAS, the Carmel Common Council feels that the, same should be
approved, therefore,
BE IT ORDAINED, that Section 21.0, Special Use Regulations,
Ordinance Z-160, be amended by adding a new subsection 21.2.7,
reading as fOllows:
of
"21.2.7 Time Limit. Any person to whom a special use is
granted by the Board, under the procedures setforth in this
chapter, shall have commenced continuous construction of said
special use or implemented said special use within one year
of the date of the granting of the approval or said approval
shall become null and void.
Upon application to the Building Commissioner before the expiration
of said approval, and upon good cause shown, said approval
may be extended for six (6) months.
BE IT FURTHER ORDAINED, that Section 21.2.5 of Ordinance Z-160
be amended to read as follows:
"21.2.5 Review and Approval or Denial of the Special Use Applica-
tion by the Board. Following the public hearing on the special
use application, the Board shall, within forty-five (45) days of
the public hearing, review the special use application and shall
notify the applicant in writing of any further changes which are
required or should have consideration before approval or denial
of the application can be given. Within forty-five (45) days
of the receipt of materials incorporating the required changes
into the special use application, the Board shall then approve
or deny the special use application and shall provide the applicant
with a copy of said reasons if requested. Upon approval of the
special use, the Board shall inform the Building Commissioner
that he may issue improvement location permits for the special use
and shall inform the applicant of the time limits setforth in
section 21.2.7. The Board shall inform the applicant that he
may apply to the Building Commissioner for the improvement loca-
tion permits for the special use, if necessary, or may commence the
special use if no permits are required. If denied, the Board
shall inform the applicant, in writing, and shall inform the
Building Commissioner. After denial of a special use application,
a variance, a special exception, or z~n~n~ ~m~dm~n~ ~n~
Page 2.
was
"Any variance granted by the board on a permanenu basis,
under the procedures setforth in this chapter, shall be
effected or shall be part of a project on which continuous
construction has commenced within one (1) year from the
date of the granting of said variance or it shall become null and
void."
Upon application to the Building Commissioner before the
expiration of said approval, and upon good cause shown,
said approval may be exuended for six (6) months.
BE IT FURTHER ORDAINED, that Section 30.5.4. of Ordinance Z-160
hereby amended to read as follows:
"30.5.4 Review and A~roval or R__~_lection of the A~lication b_~
the Board. Within forty five (45) days following the public hearing
on the variance application, the Board shall review the
application and shall notify the applicant in writing of
any further changes which are required or should be given
consideration before approval or rejection of the applica-
tion will be given. When the required changes are incorporated
into the variance application, the Board shall approve or
reject the application within forty five (45) days. The
Board, upon approval of a variance application, may at its
discretion, determine the length of time the variance shall
fun. The variance may be permanent or it may be set for a
reasonable period [six (6) months uo twenty four (24) months]
subject to renewa~ upon expiration. The Board shall set
forth in its records the reasons for approval or rejection
of the variance application and shall provide the applicant
with a copy of said reasons if requested. The Board shall
notify the Building Commissioner and the applicant of its
decision on the variance application including all conditions,
contained as a part thereof. The Building Commissioner shall
notify the applicant of the time limits setforth in Section 30.5.5.
Ail further actions taken by the applicant or the Building
Commissioner concerning the situation for which the variance is filet
including the issuance of a Improvement Location Permit, shall
be subject to said ruling of the Board. After denial of a
variance application, a special use application, zoning
amendment, or variance application concerning the same
property shall not be filed for a period of six (6) months.
Failure of the Building Commissioner to inform the applicant
of the time limits setforth in Section 30.5.5 shall not relieve
the applicant of complying with said section."
Presidin~ O~ficer
APPROVED: