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HomeMy WebLinkAboutZ-470-05 Variety of ProvisionsORDINANCE NO. Z-470-05 Sponsor: Councilor Rattermann AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance WHEREAS, pursuant to the Advisory Planning Law of the State of lndiana (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 Camlel and Clay To;vnship; and WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; and WHEREAS, pursuant to Indiana, Code 36-7-4-602 the Common Council is authorized to amend the text of the zoning ordinance; hnd 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. 04100026 OA having received a favorable recommendation from., the Carmel Advisory Plan Commission on Tuesday, January 18, 2005, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance N6. Z-289, as amended), to read as follows: Section I: CHAPTER 25.07: SIGN ORDINANCE a. Amend Section 25.07.02-03: Home Occupation and Boarding House (Residential Zone); ~'j; Required Approvals to read: j) REQUIILED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. Amend Section 25.07.02-04: Home Occupation and Boarding House (Business and Manufacturing Zones); 3S'j: Required Approvals to read: j) REQUIRED APPROVALS: ADLS approval is required for all permanent signs tlmt are established in a Zoning District and/or Overlay Zone requiring ADLS approval. Ordinance No. Z-4¢0-05 01/28/2005 Amend Section 25. 07. 02-05: Institutional Uses; .S~'j': Required Approvals to read: j) REQUIRED APPROVALS: ADLS approval is required for all pemranent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. Amend Section 25.07. 02-06: Recreational Uses; ,~j: Required Approvals to read: J) REQUIRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zon'mg Disu-ict and/or Overlay Zone requiring ADLS approval. Amend Section 25.07.02-07: Special Use and Use I/ariance Signs; 3qj: Required Approvals to read: J) REQU1RED APPROVALS: ADLS approval is required for all pem~anent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. Amend Section 25.07. 02-08: Single Tenant Building; ,~j: Required Approvals to read: j) REQUIRED APPROVALS: ADLS approval is required for all pemmnent signs that are established in a Zoffmg District and/or Overlay Zone requiring~ADLS approval. Amend Section 25.0Z02-09: Multi-Tenant Ground Floor Building; 3~j: Required Approvals to read: J) REQUIiLED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. Amend Section 25.07. 02-10: Multi- Tenant Multi-Level Building; ,~j: Required Approvals to read: J) REQUIRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. Amend Section 25.07.02-11: Multi-Tenant Building Complex; 3$'b; Number & Type to read: b) NUMBER & TYPE: One (1) Center Identification Ground Sign per Multi-tenant Building Complex. Any Multi-tenant Building Complex (per approval of overall Development Plan) located on a lot w/th Frontage on more tlxun one (1) public street (not alleys) is permilted one (1) Center Identification Ground Sign per Frontage with a maximum of three (3) signs for lots with tkree (3) or more Frootages. Note: In addition to the allowed Ground Sign(s), a Multi-tenant Building Complex is allowed one (i) Multi-tenant Building Complex Directory Sign, if said sign is approved by the Commission when presented as part of a total sign package. A Multi-tenant Building Complex Directory Sign is not counted as a Ground Sign, but must be landscaped at least equal to the Sign Area. For a Multi-tenant ground floor building which is also Multi-tenant building complex either one (1) Center Identification Ground Sign or one (1) Ground Ordinance No. Z-470-05 2 01/28/2005 Identification Sign (,as pemfitted under Section 25.07.02-09(b)) shall be permitted per frontage. Amend Section 25.07. 02-11: Multi-Tenant Building Complex; 3vi: Required Approvals to read: J) ILEQUIRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. Amend Section 25.07.02-12: Window Signs to read: 25.07.02-12 Window Signs. This section applies to all commercial properties zoned B-l, B-2, B-3, B-5, B-6, B-7, B-8, I- 1, M-l, M-3 (or any snbsequently created business or nmnufacmring zone). Said commercial uses, in addition to utilizing the signage provisions in Sections 25.07.02-01 through 25.07.02-11, may also utilize the signage provided for in this Section 25.07.02-12. A) SIGN CLASSIFICATION: Non-illuminated Window Signs. 1) NUMBER: One (1) or more Window Signs per window or window pane subject to maximum Sign Area for total Window Ama. 2) MAXIMUM SIGN AREA: One (1) or more Window Signs shall not exceed thirly percent (30%) of the total Window Area on whiclx the signs · are placed or through which they are viewed. 3) LOCATION: As per definition of Windo~v Sign. 4) TYPES: i) Permanent: Window Signs which are affixed in a pem~anent manner to the window, window frame, or the building structure. ii) Temporm3~: Window Signs which are not affixed in a permanent maturer to the window, window frame, or the building structure and which are intended to be changed fi-om time to tin}e. 5) DESIGN: No restrictions except for those signs \vhich require approval by the Commission. 6) ILLUMINATION: Not pemfitted. 7) REQUIRED APPROVAL: ADLS approval is required for all permanent signs that are established in a Zoning District and/or Overlay Zone requiring ADLS approval. 8) SIGN PERMIT: Required for permanent Window Signs. 9) FEES: Required for permanent Window Signs. B) SIGN CLASSIFICATION: Illuminated Window Signs. 1) NUMBER: One (l) sign per tenan*,/property owner and may be in addition to any other permitted signs including but not litrfited to non- illuminated Window Signs. 2) MAXIMUM SIGN AREA: Three (3) square feet 3) LOCATION: As per definition of Window Sign. 4) DESIGN: No restrictions except for those signs ~vhich require approval by the Corminssion. However, signs in Unified Centers must be of a similar design and style of construction. Ordinance No. Z-470-05 3 01/28/2005 6) 7) 8) ILLUMINATION: Permitted. REQUIRED APPROVAL: ADLS approval is requ'tred for all permanent signs that are established in a Zoning District and/or Overlay Zone reqtfndng ADLS approval. SIGN PERMIT: Required. FEES: Required. Amend Section 25.07.02-13: Old Town Carmel to read: 25.07.02-13 Old Town Carmel. This section applies to all commemial uses located on properties zoned B-l, B-2, B-3, B-5, B-6, B-7, B-8, M-I, M-3, (or subsequently created business or manufacturing zone), (and additionally situated in) Old Town Carmel, as determined by the bouudaries of the Old Town District Overlay Zone. Said commercial uses may utilize the signage requirements in Sections 25.07.02-08 through 25. 07. 02-12 of this Ordinance. a) SIGN CLASSIFICATION: Suspended Sign; Projecting Sign or Porch Sign. (Only in Old Town Carmel are these types of signs permitted.) b) NUMBER & TYPE: One (1) Identification Sign per business in a Single-tenant Building or a Multi-tenant. Ground Floor Building. One (1) Building Identification Sign per Multi-tenant Ground Floor Building or Multi-tenant Multi-level Building is permitted if seven (7) or more businesses occupy the same building. In no instance shall any building or Multi-tenant Building Complex have mom than one (1) Ground Identification Sign. If the Identification Sign is to be used for tenant identification then all building tenants shall equally share the Sign Area as per appropriate chart. This includes the Center ldeutification Ground Sign - all copy shall be included on only one (1), Ground Identification Sign. c) MAXIMUM SIGN AREA: i) Twenty (20) square feet for a Projecfing Sign; ii) Twelve (12) square feet for a Suspended Sign; iii) Six (6) square feet for a Porch Sign. d) MAXIMUM ItEIGHT OF GROUND SIGN (Suspended): Eight (8) feet. e) LOCATION: No Ground Sign shall be located closer than five (5) feet to the right- of-way and shall not interfere with Vision Clearance. A Projecting Sigu may be utilized only when the building on which it is to be established has a Front Yard with a depth of less than five (5) feet. A Projecting Sign shall be located a minimum of two (2) feet behind the curb and shall measure a minimum distance of eight (8) feet from the bottom of the sign to ground leve[; t) COLOR & DESIGN: No restrictions except for those signs which require approval by the Commission. However, signs in Unified Centers must be of similar design and identical in lighting, color, height of sign area and style of consn~ction. g) COPY: As per definition of Identification Sign. h) ILLUMINATION: Permitted~ i) LANDSCAPING: Optional. j) REQUlRED APPROVALS: ADLS approval is required for all permanent signs that are established in a Zonh~g District and/or Overlay Zone requiring ADLS approval. Ordinance No. Z-470-05 4 01/28/2005 k) SIGN PERMIT: Required. I) FEES: Required. tn. Amend Section 25.07.03-04: Political Signs; ~m: Time to read: m) TIME: None n. Repeal Sig~ Ordi~ance, Diagram 3: Old Town Carmel. CHAPTER 26: ADDITIONAL HEIGHT, YARD, & LOT AREA REGULATIONS o. Amend the Title of Chapter 26: Additional Height, Yard, & Lot Area Regulations to read: CHAPTER 26: ADDITIONAL HEIGHT, YARD, LOT AREA, AND BUFFERING REGULATIONS p. Amend Section 26. 04: Perimeter Buffering Requirements to read: 26.04.01The requirenrents of this Section shall apply to all Special Uses, Sobdivision Plats, properties containing nmhi-family uses, and properties within all Business, ManuFactm'ing, and Industrial districts, unless other buffer or perimeter planting standards are specified within an individual district or zone. 26.04.02Where required, perimeter buffering shall be located along the front, side and rear lot lines ora lol/parcel and shall extend the entire length oflhe front, side and rear lot lines. 26.04.03 Where residential or other buildings back onto a public thoroughfare, buffer plantings shall occur outside of the pnblic right-of-way, per the Tables below. 26.04.04 Perimeter buffering shall not be located within any portion of a dedicated public street right-of- way, private street right-of-way, or County regulated drain easement. 26.04.05 Existing vegetation may be used to achieve project buffering if: (a) tile vegetation located npon the subject parcel is of a quality and state of health to achieve buffering, and, (b) the vegetation is proposed to be preselwcd using accepted best management practices for tree protection during construction. 26.04.06To determine the applicable bufferyard requirements: (a) Use tile Table for Bufferyard Determh~ation to ideotify the land use category of the proposed project use. (b) Use the Table for Buffetyard Determination to identify the land use(s) of the adjoining properties, or identify the street classification adjoioing the proposed use by referring to the Official Thoroughfare Flan of Carmel-Clay Township. (c) Determine the bufferyard(s) required on each boundary (or segmeot thereof) of tile subject parcel by referring to the TablefiJr Bujfe~yard Determination. Ordinance No. Z-470-05 5 01/28/2005 q. Amend Section 26.04: Perimeter Buffering Requirements; Table for Bufferyard Determination to read: TABLE FOR BUFFERYARD DETER~IINATION SINGLE FAMILY B C C D D D D D C O D D DEVELOPMENT DUPLEX C A C B B C C D B D D D DEVELOPMENT MULTI-FAMILY C C B B B C C D C D D D DEVELOPMENT ACTIVE D B B A C C C C B D D D RECREATION INSTITUTIONAL D B B C A A C C B D D D OFFICE; RETAIL D C C C A A C D B D D D WAREHOUSE; D C C C C C A B B D D D LT. INDUSTRY HVY. INDUSTRY D D D C C D B B B D D D Buf£eryiard Design Standards in thc table below are stated in terms oF minimum width and number of plants required per one hundred linear foot increment. BUFFERYARD MINIMUM YARDWIDTH SHADE TREES ORNAMENTAL TREES SHRUBS* SIDE FRONT & REAR A 5' 10' 3 2 9 B 5' I0' 3 3 15 C 10' 20' 3 4 21 D 15' 25' 5 5 27 *Evergreen trees may substitute in lieu of shrubbery, on a 1:3 basis (I conifer equals three shrubs) CHAPTER 28: NONCONFORMING USES & EXEMPTIONS r. Amend Section 28.07.04 to read: 28.07.04Nofifing in this Ordinance shall prevent the restoration of a building or structure destroyed less thao forty percent (40%) of its square footage at the time of such destruction (exclusive of the value of the lot) by explosion, fire, flood, earthqoake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Ordinance; or shall prevent the cootinnance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment o£such building, structure or part thereofi All such restoration and construction shall be subject to the obtainiug of an Improvement Location Pernrit, with the fees waived for the restoration of a bnilding or sn"octure destroyed less than forty percent (40%) aud restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plaos or restoring a boilding or structure destroyed forly percent (40%) or more shall be subject to obtainiug an lmprovmnetu Location Pernfit and payment of fees. 01/28/2005 Ordinance No. Z-470-05 6 CHAPTER 29: ADMINISTRATION s. Atnend Section 29.06.01: FilingFees to read: 29.06.01 Filing Fees. Prinrary Plat ' Amended Plat or Replal (Primary, Secondary or Plat Vacation) Secondary Plat Lot Split Zoning Ordinance Amendment (texl or map/rezone) PUD Ordinance Developmenl Slandards Variance: Single-family (primary resklence) All other Use Variance/Special Exception Subdivision Regulations Waiver 10. 11. 12. 13. 14. Special Use & Special Use Amendment Development Pla~r Amended Development Plan Appeal Architectm'al Design, Lighting, and Sign Approval 15. 16. 17. Amended ADLS Sign only Building/site Condominium (Horizontal Property Regime) Review Comnritment Amendment $750.00 plus $50.00 per lot $250.00 plus $100.00 per lot $750.00 plus $100.00 per lot $250.00 $750.00 plus $100.00 per acre $2500.00 plus $100.00 per acre a. $250.00 plus $75.00 for each additional variance request b. $950.00 plus $450.00 for each additional variance request $1250.00 plus $100.00 per acre $750.00 plus $350.00 for each additional xvaiver request $750.00 pins $100.00 per acre $750.00 plus $100.00 pet' acre $750.00 plus S 100.00 per acre $125.00 $750.00 (plus $100.00 per acre when not accompanied by a Development Plan) S250.00 plus $50.00 per sign $500.00 plus $50.00 per acre $1000.00 plus $100.00 per lot $1000.00 per commitment Ordinancc No Z470-05 7 0i/28/2005 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Site Plan & Design Review Residential petition Commercial petition Technical Advisory Cormnittee Traffic Impact Analysis Review Traffic Stndy Review Zoning Certificate Time Extension Review (time extension to begin construction, or extension for project completion) Re-Review Fee (when previously identified issues have not been corrected or plans are so poorly conceived and prepared that review caonot take place, a Re-review fee will be assessed.) BZA Hearing Officer Residential petition Commercial petition Land Disturbance Permit Sexnally Oriented Business Permit a. $125.00 b. $350.00 $250.00 $750.00 $1500.00 $75.00 (no charge if forprimm7 residence) $150.00 $150.00 per Re-review a. $125.00 plus $75.00 for each additional variance request b. $500.00 plus $250.00 for each additional variance request $125.00 plus $25.00 per acre $1000.00 Annual Pemfit CHAPTER 34: ZONING VIOLATIONS t. Amend Section 34.03(B) to read: B. Where a Zoning Violation exists, lhe Director, or his duly attthorized designee, may issue a Citation against the property owner for the violation without first issuing a Notice of Violation. In his sole discretion, the Director, or his dnly authorized designee, may issne a Notice of Violation and allow a period of linre for the property owner to correct the violation and to comply with the appropriate Section of the Zoning Ordinance. At the expiration of the period of time granted in thc Notice of Violatioo for compliance, the Director, or his designee, may issue a citation for the zoning violation in his discretion. APPENDIX A: SCHEDULE OF USES (see attached Exhibit A) Ordinance No. Z-470-05 8 01/28/2005 Section I1: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section !I1: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance No. Z-470-05 PASSED by the Common Council of the City of Carmel, Indiana this 6~ IS't-day of-._~,a~)oh..c~t¢~c~.. , 2005, by a vote of r-/ ayes and O nays. Diana L. Cordray, IAMC, Cl~asure COMMON COUNCIL FOR THE CITY OF CARMEL -~ Ronald E Carter, At Large Rick Sharp,-D]st~t 1 Ordinance No. Z-470-05 9 01/28/2005 .O~dinance No. Z-470-05 Presented by!ne to the Mayor of the City of Carmel, Indiana thiSo~ ~ day of.,~.~Jx~axc{, 2005, at ~'.~0 ~' .M. Diana~urer Ordinance No. Z-470-05 Approved by me, Mayor of the City of Carmel, Indiana, this dayof---~o--/Yk-ua~;2005, at (.o'"/O ~.M. /ames B ainm'd, Mayor ATTEST: Diana r Prepared by: John R. Molitor Carmel Plan Commission Attorney One Civic Square Carmel, IN 46032 Ordinmlce No Z-470-05 OaUld otuoI. u'~°,L PlC