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HomeMy WebLinkAboutZ-473-05 W. 116th OverlayORDINANCE NO. Z-473-05 Sponsor(s): Councilor Sharp AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance adopting Chapter 23G: 116a' Street Overlay Zone. 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 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 Carmel and Clay Township by establishing a district which protects the' estate character of the properties along West 116th Street; 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 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, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 05010022 OA having received favorable recommendation from the Carmel Advisory Plan. Commission on Tuesday, March 15, 2005, (t hereby adopts this Ordinance ~to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Section I: a. Adopt Cl-~apter 23G: 116th Street Overla~; Zone to read as follows: 23G.00 West 116th Street Overlay Zone. 23G.00.01 Purpose, Intent and Authority. The purpose of this zone is to protect the estate character of the area. This district is superimposed over the other primary zoning districts and its regulations shall snpersede those of the primary zoning districts over which it is superimposed. The Plan Commission and Council, in establishing this zone, are relying on I.C. 36-7-4-100 et seq. 23G.00.02 Plan Commission Approval. A. Development Plan (DP). Not required. 4/08/2005 Ordinance No. Z-473-05 1 B. Architectural Desien, Exterior Lightine, Landscaping and Sienage (ADLS). Not required. 23G.00.99 Application Procedure. A. Development Plan. Not required. B. Architectural Design, Exterior Lighting, Landscapin~ and Signage (ADLS~. Not required. 23G.01 District Boundaries. The boundaries of the West 116th Street Overlay Zone are hereby established as shown on the Zoning Map. 23G.01.01 Parcels in the P-I/Parks District are exempt from the requirements of the Zone. 23G.01.02 Parcels in subdivisions platted as of the date of this ordinance are exempt fi.om the requirements of the Zone. 23G.01.03 Portions of parcels extending beyond a depth of greater than or equal to 990 feet from the center line of 116'h Street are exempt from the requirements of the Zone. 23G.02 Permitted Uses. All Uses which are permitted in the underlying primary zoning district(s) are permitted in the Zone. 23G.03 Height and Area Requirements, 23G.03.01 Minimum Lot Area: No new lot may be created with an area less than three (3) acres. 23G.03.02 Parcels in the Zone may not be platted as prescribed in Chapter 7 of the Subdivision Control Ordinance. 23G.04 Minimum Lot Standards. 23G.04.01 Minimum Front Yard: One hundred (100) feet. 23G.05 Other Requirements. ,~11 other requirements not mentioned in this Chapter shall remain as stated for that primary zoning classification district mapped. Section Il: 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-473-05 PASSED by the Common Council of the City of Carmel, Indiana this IqYb day of ~ ,2005, by a vote of (o ayes and O nays. 4/08/2005 Ordinance No, Z-473-05 2 COMMON COU~2I~OR THE.~CI.,TY OF CAR.~IE~ ATTEST: Rick Sharp, District 1 Diana L. Cordray, IAMC, Clerk-Treasu ~l~' Ordinance No. Z-473-05 Presented by me to the Mayor of the City of Carmel, Indiana th~s ~ day of LLfJ~-~[7 , 2005, at -7;c/0 /9 .M. L. Cordray, iAMC, Clerk-Treasurer Ordinance No. Z-473-05 Approved by me, Mayor of the City of Carmel, Indiana, this 12'¢~ day of C~ , 2005, at J/Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, clerk-TreaSurer Prepared by: John R. Molitor Carmel Plan Commission Attorney One Civic Square Carmel, IN 46032 4/08/2005 Ordinance No. Z-473-05 3