Loading...
HomeMy WebLinkAbout76-01 Correspondence u u ~ City of Carmel DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning 15 January 2002 From: Department of Community Services To: Common Council Dear Council Members: Due to the fact that ninety days had passed since the Carmel/Clay Plan Commission Secretary had certified the Plan Commission's Favorable recommendation on August 30, 2001, Ordinance No. Z-366-01 became effective Wednesday, November 28, 2001. IC 36-7-4-607 (e) (3) provides that, "If the legislative body fails to act on the proposal within ninety (90) days after certification, it takes effect as if it had been adopted (as certified) ninety (90) days after certification. " As you are aware, the Department of Community Services had been working with the Land Use & Annexation Committee to amend the Ordinance for reconsideration by the Plan Commission. Due to this unusual turn of events, the Department will be asking the Plan Commission to include those revisions as part of the proposal currently before them as Docket No. 160-01 OA, and which will come before you in turn as Ordinance No. Z-369-02. If you have any questions, please feel free to contact me at (317) 571-2417. Thank you for your time and consideration. ;~/ MicJ/I P. Hollibaugh Director Department of Community Services Cc: file 76-Olb OA Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 -- ---- --- ----~- - - ---__ _ _____1_____ u' Wi" CERTIFICATION OF CARMEL/CLAY PLAN COMMISSION'S RECOM1v.lENDATION ON ORDINANCE TO ADD NEW PROVISIONS AND MAKE SEVERAL CORRECTIVE AMENDMENTS TO THE CARMEL CLAY ZONING ORDINANCE PERTAINING TO MODEL HOMES, RESIDENTIAL BUILDING HEIGHT AND SETBACK; DEFINITION OF VEHICLE SIGN; AND RESIDENTIAL AMENITY AREA POOLS PURSUANT TO INDIANA CODE 36-7-4-607 ORDINANCE No. Z-366 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following recommendation upon the amendment to the Carmel/Clay Zoning Ordinance Z-289, as amended, to add to or amend certain provisions as set forth in the attached text. The Carmel/Clay Plan Commission's recommendation on the proposed Text Amendment to certain Sections of the Zoning Ordinance is "FAVORABLE." At its regularly scheduled meeting of August 21, 2001, the Carmel/Clay Plan Commission voted 13 in favor, none opposed. BY: DATED: August 30, 2001 ',,""> RECEIVED ,'" AUG . 0 ?OOl CARMEL CLERK TREASURER Form Prescr1bed by State Board of AccounQ ~"1~~t~ ~ Z Form No. 99P (Rev1sedg) To: J);, 't~ ,1" pdj Dr. ~/~ -' County, Indiana M~k(u~//,- / PUBUSHER'S CLAIM Edn..i ~ LINE COUNT Display Matter (Must not exceed two actual lines. neither of which shall total more than four solld lines of type in which the body of the advertlsment is set) - number of eqii1va1ent lines ........................ Head - number of lines ........................................................................................ .. Body -- number of lines ........................................................................................ .. Tail-- number of lines ........., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total number of lines in notice . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . COMPUrATION OF CHARGES o<"~ a~:1dce~:::~1lnV:~: ~~~~~. ~~. .~q~~~~t.~~.............;..$ 12,&) 'I AddlUonal charge for noUces containing rule or tabular work (50 percent of above amount) ..................................... Charge for extra proofs of publication ($1.00 for each proof 10 excess of two) . '.' ..... . . . . . . . .... . . . , . . . . . . . . . . . . . . . . . . . . , . . . , . . . TOTAL AMOUNr OF CLAlM ... . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . ..$ J..3. 9 c.( DATA FOR COMPUI1NG cosr Width of single column 7/ Number of Insertions I Size of type (,. point ems Pursuant to the provisions and penalties of Chapter 155. Acts 1953. r hereby certify that the foregoing account is Just and correct. that the amount claimed is legally due. after allowing all Just credits. and that no part of the ~s be~ 'YJait) . .... ~~,,~ J 1_ / . Title: Publishers DatejJPVtlnm:r ~. 20& PUBUSHER'S AFFIDAVTf . . ,". , NCmCE TQ'TAXPA'lER8 CAR INDIANA OF PUB DON . .0RDlNA DMEI{IlI . ,NEW' PR AND 'MAKE . . CERT RRECTIYE. EI{IlI 'IN TIlE : N!>~.~ ~ oflho of Cannel, ....~~,.=ao,u;;:: . CIty ';rc:n::t"'d_ ai tho~ .~ == CoilncII ; 01 1:00 PM 1::' ron~ =;;:"~nI,lo~::m ..:: DunIIIon oft.lodol Homo lJooa; 10 ~~.:a~~ 8_ OfIIce. UI8I; to lnCniIse m...u:.-~.:..:.~ 1lRooldOnco,' R-2IR_, 8nd. R-3IRooIdo.... Dlatrlcl 10 'Il1frl<M'IW' (:IS} IooI;.To Amond tho 00IInIIIcin of 'VohIclo'SIan;' To Amend tho, ProhlbiBon .=~=~ "~~~= Ior~,:rmo.=:..."": on 1IJli al.b' Doll8'\J11ont vi ~==~ CMc &lu8nt, C....... _ 8nd ltYIIlIobIo.Ior.~........ tIcn.. .' . ,~"",=".=~ollO"e: hooJd.' .'. DI... L. c;onI.ay. . allrlta~urer.. CI\y of Cormel . . . Oclobor 29, 2llO1 . . NDL-N....'1 . I State of Indiana SS: Bamllton County Personally appeared before me. a notaxy public in and for said county and state. the undersigned David L. LewIs who. being duly sworn. says that he is PubRsher of The Dally Ledger a daily newspaper of general circulation print- ed and published in the English language 10 the town of FIshers In state and county aforesaid. and that the printed matter attached hereto Is a true copy. which was duly published in said paper for . I tlme-:-,.. the date of pub- lication being as follows: ti,/! tie m.ou-- I .' I dtJo/ ~~flL Subscribed and sworn to before me this I day ofd,.. Ako tJl. AkA7r.iJ,f..Zl~~"/ ~ //- ~'" ~"'tJ/ My commission expires _ ...,aJ ."... V ResIdent of J-/4.;tw./4.-<'- County Form Prescribed by State Boar~counts C4 ~drh1i.~.!De;/ Governm t Unit " ~//~ J LINE COUNr Dr. To: County, Indiana M/;kfil/~//~ / PUBLISHER'S CLAIM L~d UA- ~ Display Matter (Must not exceed two actual lines, neither of which shall total more than four sol1d l1nes of type in which the body of the advertlsment Is set) -- number of equivalent lines ........................ Head -- number of lines Body -- number of lines Tall -- number of l1nes .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total number of lines in notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COMPUTATION OF CHARGES <,,---3 a~:Z'tR31 ce::::~llnV:~~ ~~~~~. ~~. .~q~~~~t.~e~.... ... ......;..$ /.2,0/,/ Additional charge for notices containing rule or tabular work (50 percent of above amount) ..................................... Charge for extra proofs of publ1cation ($1.00 for each proOf in excess of two) . '.' ',," . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOTAL AMOUNr OF CLAIM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..$ /3. '7 Y' DATA FOR COMPUTING cosr Width of single column 71 Number of insertions Size of t'.fPe ems I ~ point Pursuant to the provisions and penalties of Chapter 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due. afu:r allowing all Just credtts. and that no part of the ~a:;;!i~ _ I / Title: Publ1shers Dateij~Ve/)1Mr . " 20KL l '{ NOnCE TO TAXPAYERS CARMEL, INDIANA OF PUBUC HEARING ON ,ORDINANCE AMENDMENTS , TO ADD NEW PROVISIONS AND' MAKE CERTAIN CORRECTIVE, AMENDMENTS IN THE ZONING ORDINANCE ORDINANCE No %466 ' No1I~ Is henlby' given to)he taxpayers 01, the CIty of Cennel, Hamilton COUnty,lndlana, thai the projl9r legal oIlI~ 01 ,the , CIty 01 Cennel wiD nieet al thelr regular meettng place, Carmel City Hall, One Clvlc Square, CoUncil Chambers; e17:oo PM on tho-t9tlI'oH~."'ombcir. 2001; 10 consIder an Ordlnanc.. Amendmenl 10 ,Govem the Establishment, Use, and Duralloil of ;Model Home Uses; to EsIabIlshSlgn Regulations lor Model Home ilnd Temporary . Sales 0ffI~' Uses; 10 Increase the Mex/mum Height' In the S- 1/Reslde~, S-2IResl~,R- 1/Resldilnce,' R-21Resldence, and, R-3IResldence, District to Thirty-FIve (35) leeI; TO Amend the OelInItIon 01 'Vehicle .Slgn;! To Amend the Prohibition Against OIl-Preml~ Skmage; To Govem the Paridng of Vel11c1es 'Utilized as Addltlonal Slgnage; and To Establish a Minimum Size lor Commercial llwlmmlngPooIs. CopIes oftha Ordlna~ are on file at, Ihe Department 01 Community Services oIlIce and the C1erk-freasurefs oIlIce, One CIvlc SQuare, Carmel, Indiana, and available. lor, publl~ Inspeo- lion. . Taxpayers appeaifng al the ineeting shallbavethe right 10 be heard. , Diona L. c;ordray Clerk-TI'easurer CIty 01 Carmel October 29, 2001 NDL-Nov."l, PUBLISHER'S AFFIDAVIT State of Indiana ss: Hamilton County Personally appeared before me, a notary publ1c in and for said county and state, the undersigned David L. Lewis who, being duly sworn, says that he is PubUsher of The Dally Ledger a dally newspaper of general circulation print- ed and publ1shed in the English language in the town of Fishers in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for I time_, the date of pub- lication being as follows: q;}lemar .ll /?( /JO / V~fI~ / daYOf4/~ko tJ~ I ?Jr J~ A/aA~ .r: iJ~fJ~t'-: otary ~Uc / /- ..2f'.- ~tJ() / . Subscribed and sworn to before me this My commission expires Re&dentofJ-;f4~;/~~ County ,~- 10ft · z City of Carmel DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning 15 January 2002 From: Department of Community Services To: Common Council Re: Ordinance No. Z-366-01 Docket No. 76-01b OA Dear Council Members: Due to the fact that ninety days had passed since the Carmel/Clay Plan Commission Secretary had certified the Plan Commission's Favorable recommendation on August 30, 2001, Ordinance No. Z-366-01 became effective Wednesday, November 28, 2001. IC 36-7-4-607 (e) (3) provides that, "If the legislative body fails to act on the proposal within ninety (90) days after certification, it takes effect as if it had been adopted (as certified) ninety (90) days after certification. " As you are aware, the Department of Community Services had been working with the Land Use & Annexation Committee to amend the Ordinance for reconsideration by the Plan Commission. Due to this unusual turn of events, the Department will be asking the Plan Commission to include those revisions as part of the proposal currently before them as Docket No. 160-010A, and which will come before you in turn as Ordinance No. Z-369-02. If you have any questions, please feel free to contact me at (317) 571-2417. Thank you for your time and consideration. ;~/ Mict/lt P. Hollibaugh Director Department of Community Services Cc: file 76-01b OA Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 Sponsor(s): Councilor Wayne Wilson ORDINANCE NO. Z-366-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AN ORDINANCE TO GOVERN THE ESTABLISHMENT, USE, AND DURATION OF MODEL HOME USES; TO ESTABLISH SIGN REGULATIONS FOR MODEL HOME AND TEMPORARY SALES OFFICE USES; TO INCREASE THE MAXIMUM HEIGHT"IN THE S- l/RESIDENCE, S-2/RESIDENCE, R-l/RESIDENCE, R-2/RESIDENCE, & R-3/RESIDENCE DISTRICTS TO THIRTY-FIVE (35) FEET; TO AMEND THE DEFINITION OF "VEHICLE SIGN"; TO AMEND THE PROHIBITION AGAINST OFF-PREMISE SIGNAGE; TO GOVERN THE PARKING OF VEHICLES UTILIZED AS ADDITIONAL SIGNAGE; AND TO ESTABLISH A MINIMUM SIZE FOR COMMERCIAL SWIMMING POOLS 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 standards under which Model Homes and Temporary Sales Offices shall operate as temporary uses within new subdivisions, and by striking a balance between the needs of residential developers in the City and Township to adequately identify model homes and temporary sales offices and the community's desire to promote an attractive, uncluttered appearance within new subdivisions that preserves quality of life for new residents; and WHEREAS, the Common Council further finds that the changing character of housing design necessitates an increase in the allowable maximum height for residential structures in certain districts; and .r WHEREAS, the Common Council@e Common Coundj)finds that it is reasonable and necessary to protect the public health, safety,~mfort, morals, convenience and general welfare of the citizens of the City and Township by regulating the manner in which off-premise automobile sales advertising is accomplished, thereby protecting the community's desire to promote an attractive, uncluttered appearance within the City and Township that preserves quality oflife for the residents; and WHEREAS, the Common Council also finds that businesses that have invested in signage jL that conforms with current zoning standards should not be compelled to compete with businesses '0 that utilize vehicle signage as additional identification signage, and that the parking of such vehicles, therefore, should be regulated; and '-- WHEREAS, the Common Council finds that it is reasonable and necessary to protect the OJ4Ublic health, safety, comfort, morals, convenience and general welfare of the citizens of the City and Township by setting forth a minimum size for commercial swimming pools that would 1 ~ necessitate that lifeguard protection be provided; and WHEREAS, the Carmel/Clay Plan Commission has duly approved and recommended to the Common Council the following amendments to the Zoning Ordinance for the City and Township that will update the Ordinance and various procedures and penalties therein, pursuant to the Advisory Planning Law of the State of Indiana as well as the 2020 Vision Comprehensive Plan, such plan having been duly approved by resolution of the Common Council on September 24, 1996, and remaining in effect as the official Comprehensive Plan of the City of Carmel and Clay Township; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: that pursuant to IC 36-7-4-600 et seq. and IC 36-7-4-700 et seq., it adopts this Ordinance as an amendment to the Carmel/Clay Zoning Ordinance, No Z-289, as amended (the "Zoning Ordinance"), and amends and adds certain provisions to the ordinance as follows: Section I: a. Adopt new Section 25.16 of the Zoning Ordinance to read as follows: 25.16: Model Homes. 25.16.1 Model homes, which may include Temporary Sales Offices, may be permitted in all residential districts, but only as a Temporary Use, subject to approval by the Director based on a Finding that the Temporary Use will not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such Temporary Use. 25.16.2 The duration of a Model Home Permit shall be fixed by the Director for a term not to exceed eighteen (18) months. However, upon writ~ S....y. request, the Director may extend such a permit for increments 0~(6) ~ months, so long as the Temporary Use in the aggregate does not continue for -c:ynore than thirty-six (36) months. 25.16.3 The Director shall ensure, before issuing a Model Home Permit, that: A. adequate access and off-street parking facilities will be provided, B. that public address systems will not be used, C. that flood lights and other lighting on the subject premises will be directed only upon those premises, and D. that a Certificate of Occupancy will be issued before the Temporary 2 Use commences. 25.16.4 A Temporary Use authorized under Section 25.16 is also subject to all other regulations of the applicable district. b. Adopt new Section 25.7.03-7 of the Zoning Ordinance to read as follows: 25.7.03-7 Model Home & Temporary Sales Office Identification Signs. ~~"J a) Sign Classification: Ground Sign. V~ Y ~o ~ b) Number & Type: i) One (1) sales office Identification Sign per hundred lots. ii) One (1) model home Identification Sign per approved model home. c) Maximum Sign Area: i) Sales office Identification Sign - thirty (30) square feet. ii) Model home Identification Sign - six (6) square feet. d) Maximum Height of Ground Sign: i) Sales office Identification Sign - six (6) feet. ii) Model home Identification Sign - three (3) feet. e) Location: i) Sales office Identification Sign - On the same lot as the approved temporary sales office; sign shall not interfere with Vision Clearance and shall be minimum of ten (10) feet from the street right-of-way. ii) Model home Identification Sign - On the same lot as the approved model home; sign shall not interfere with Vision Clearance and shall be a minimum often (10) feet from the street right-of-way. t) Design: As approved by the Plan Commission. g) Copy: No restrictions. h) Illumination: Not permitted. i) Landscaping: Not required. j) Required Approval: Either a Sign Plan showing the design of any sales office Identification Signs must be approved by the Plan Commission as part of the 3 Primary Plat petition, or an ADLS application must be filed prior to the Establishment of the signs. k) Sign Permit: Required for signs with a Sign Area over six (6) square feet. I) Time: Shall not be Established until ei orary of final Certificate of Occupancy has been issued fo such time as the temporary sales 0 ome Temporary Use approval has expired, or until such time as the Principal Building is sold for private occupancy, whichever is earlier. c. Amend Sections 5.4.1, 6.4.1, 7.4.1,8.4.1, and 9.4.1, substituting "thirty-five (35) feet" in place of "twenty-five (25) feet.": d. Amend Section 25.7.01-2: Definitions to add the following language to the definition of "Vehicle Sign": "A sign in or on a vehicle that advertises the vehicle for sale, lease or rental shall not be considered a Vehicle Sign. See also Section 27.2.5." (!)~L e. Amend Section 25.7.01-4: Prohibited Signs, Subsection (L) to read as follows: (L) Signs that advertise goods, products, services or facilities or direct persons to a different location (or to a telephone number at a different location) from where the sign is installed. (Off-premise signs shall require a Developmental Standards Variance from the Board.)" ~ \~ f. Adopt new Section 27.2.5 to read as follows: 27.2.5 It shall be prohibited to park or use a vehicle in such a way as to function as a sign, defined to include the parking of any vehicle, trailer or similar movable structure containing or supporting any signage between the right-of-way line of any public street and forward of the Front Line of Building of e Principal Buildin , with the exception of: (jJl-e . ~ a \,vC' {Xb W 1l~... (f.... ? 13~~1J C1 4 A. Vehicles actively involved in construction on or the serving of the site. B. Vehicles delivering products to the site in designated loading areas. C. Vehicles parked in designated truck parking areas of a development that have been screened from or are not generally visible from the public right-of-way. D. Passenger vehicles, pick-up trucks, and vans of a size that can fully fit within a standard parking space, containing signs painted on or permanently affixed on the doors or integral body panels that do not exceed sixteen (16) square feet in area. g. Adopt new Section 25.17 to read as follows: 25.17: Private Recreational Development or Facility. 25.17.1 Commercial Swimming Pool. A. Minimum Area: Two thousand (2000) square feet. 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. PASSED by the Common Council of the City of Carmel, Indiana this _ day of 2002, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Wayne Wilson, President Pro Tempore John R. Koven .~--.. Robert Battreall N. L. Rundle Ronald E. Carter Luci Snyder 5 '" .. ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this _ day of 2002, at P.M. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this _ day of 2001, at P.M. James Brainard, Mayor ATTEST: Diana~. Cordray, IAMC, Clerk-Treasurer ..~--." Prepared by: John R. Molitor CarmeVClay Plan Commission Attorney One Civic Square Carmel, IN 46032 6 ____ __ __L____ PO Box 44670 Indianapolis, IN 46244-0670 ~ Voice: (317) 236-6330 Fax: (317) 236-6340 www.lndyBuildersAssociation.com December 11, 2001 The Honorable Wayne Wilson City of Carmel One Civic Square Carmel, IN 46032 Dear Councilor Wilson, o Builders Associalion Q of Greater Indianapolis /<!\/):L.\-1.ib.;~J' " / ~\.",);.~. - -"~(,,-J' f' /e,J ..4d v / (..~;;/ ;(' '\(...... /~/ ~tc \~ iG;i bfe l'tl/ltn t~\,.. noc... :';Jl?1J1J1 JE;, \~,p ~-...... . "- .~ 91 ~ I am writing in regards to Ordinance Number Z-366-0I an ordinance to govern the establishment, use, and duration of model home uses. Specifically, this ordinance states the use of models homes for the duration of (18) eighteen months, with (6) six-month extensions granted at the discretion of the Director, not to exceed (36) thirty-six months maximum. Weare concerned with the I8-month limit on model homes, simply because, most subdivision plans are based on a five (60 mos.) or ten-year (120 mos.) build out depending on the type, price point and size of the subdivision. As you know, all of this depends greatly on everything going as planned and with times of economic uncertainty on the horizon build out could take longer as fewer families are able to afford a new home. It may be more appropriate to set this number as a percentage of the number of homes built in a community than a rigid time frame. For instance, model homes are allowed in a subdivision until 95% of the total number of homes within a subdivision has received a Certificate of Occupancy. This would make the ordinance flexible .and allow model homes in subdivisions until the time of build out. Another concern we have is the arbitrary procedure to achieve extensions to the 18 -month deadline. We feel that it would be more appropriate to set guidelines which would guarantee the extension. As this ordinance is written the builder would be making a huge investment without any guarantee ofhavillg a model home after I8-months. We would ask that certain criteria be set to insure the ability to have a model home, for example, off-street parking, lighting, landscaping and buffering. Thank you in advance for your consideration of our concerns. Please feel free to contact me with any questions you may have regarding this issue. ~tre , R~er S phens Director, Government Affairs v u CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning MEMO To: Common Council of the City of Carmel Date: 12 December 2001 Cc: Mike Hollibaugh, Director, DOCS From: Laurence M. Lillig, Jr. Planning & Zoning Administrator Department of Community Services One Civic Square Carmel, IN 46032 ph. 317.571.2417 fax. 317.571.2426 Re: Z-366-01 revisions (76-00b OA) Dear Council Members: Attached you will find a revised copy of proposed Ordinance No. Z-366-01. Below is a summary of the changes proposed by the Department: · Subsection d. has been amended to remove the language excluding signage advertising a vehicle for sale, lease or rental from the addendum to the definition of VEHICLE SIGN. The cross-reference to Section 25.7. 01-4(q) ofthe Zoning Ordinance has been retained. . Subsection e., which in the original document had amended Section 25.7.01-4(/) of the Prohibited Signs section of the Sign Ordinance, has been struck entirely. In its place is a proposal to adopt definitions of "AUTOMOBILE SALES" and "MOTOR VEHICLE." This will allow the Department to regulate the sale of automobiles as a Land Use issue rather than a sign issue. . Subsection f. will repeal Vehicle Signs status as an exempt form of signage in favor of: . Subsection g., which amends the Prohibited Signs section of the Sign Ordinance in such a way as to regulate the parking of vehicles that also serve as identification signage. This revision also moves this language from the Parking Regulations to the Sign Ordinance. The Department believes that these revisions will accomplish the City's goal of reigning in the proliferation of off-site vehicle sales and address the issue of the conspicuous parking of vehicles in such a manner as to act as additional Identification Signage. w u Additionally, it should be pointed out that Subsection a. dealing with Model Homes is simply a reformatting of language previously adopted by the Council per Ordinance No. Z-365-01, and does not affect the ordinance in any other way. If you have questions regarding these comments please contact me at (317) 571-2417. d~. Li ig, Jr. Planning & Zoning Administrator Department of Community Services Q.) u Sponsor: Councilor Wayne Wilson Ordinance No. Z-366-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AN ORDINANCE TO GOVERN THE ESTABLISHMENT, USE, AND DURATION OF MODEL HOME USES; TO ESTABLISH SIGN REGULATIONS FOR MODEL HOME AND TEMPORARY SALES OFFICE USES; TO INCREASE THE MAXIMUM HEIGHT IN THE S- I/RESIDENCE, S-2/RESIDENCE, R-l/RESIDENCE, R-2/RESIDENCE, & R-3/RESIDENCE DISTRICTS TO THIRTY-FIVE (35) FEET; TO AMEND THE DEFINITION OF "VEHICLE SIGN"; TO ADOPT DEFINITIONS OF "AUTOMOBILE SALES" & "MOTOR VEHICLE"; TO GOVERN THE PARKING OF VEHICLES UTILIZED AS ADDITIONAL SIGNAGE; AND TO ESTABLISH A MINIMUM SIZE FOR COMMERCIAL SWIMMING POOLS 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 standards under which Model Homes and Temporary Sales Offices shall operate as temporary uses within new subdivisions, and by striking a balance between the needs of residential developers in the City and Township to adequately identify model homes and temporary sales offices and the community's desire to promote an attractive, uncluttered appearance within new subdivisions that preserves quality of life for new residents; and WHEREAS, the Common Council further finds that the changing character of housing design necessitates an increase in the allowable maximum height for residential structures in certain districts; and WHEREAS, the Common Council also finds that businesses that have invested in signage that conforms with current zoning standards should not be compelled to compete with businesses that utilize vehicle signage as additional identification signage, and that the parking of such vehicles, therefore, should be regulated; and WHEREAS, the Common Council finds that it is reasonable and necessary to protect the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City and Township by setting forth a minimum size for commercial swimming pools that would necessitate that lifeguard protection be provided; and WHEREAS, the Carmel/Clay Plan Commission has duly approved and recommended to the Common Council the following amendments to the Zoning Ordinance for the City and Township that will update the Ordinance and various procedures and penalties therein, pursuant to the Advisory Planning Law of the State of Indiana as well as the 2020 Vision Comprehensive Plan, such plan having been duly approved by resolution of the Common Council on September 24, 1996, and remaining in effect as the official Comprehensive Plan of the City of Carmel and Clay Township; 1 ~ u NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and IC 36-7-4-700 et seq., it adopts this Ordinance as an amendment to the Cannel/Clay Zoning Ordinance, No Z-289, as amended (the "Zoning Ordinance"), and amends and adds certain provisions to the ordinance as follows: Section I: a. Amend Section 25.16 of the Zoning Ordinance to read as follows: 25.16: Model Homes. 25.16.1 Model homes, which may include Temporary Sales Offices, may be permitted in all residential districts, but only as a Temporary Use, subject to approval by the Director based on a Finding that the Temporary Use will not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such Temporary Use. 25.16.2: Time Limit. The duration of a Model Home Permit shall be fixed by the Director for a term not to exceed eighteen (18) months. However, upon written request, the Director may extend such a permit for increments of six (6) months, so long as the Temporary Use in the aggregate does not continue for a more than thirty-six (36) months. The Director shall ensure, before issuing a Model Home Permit, that: adequate access and off-street parking facilities will be provided, that public address systems will not be used, that flood lights and other lighting on the subject premises will be directed only upon those premises, and D. that a Certificate of Occupancy will be issued before the Temporary 25.16.3 A. B. C. Use commences. 25.16.4 A Temporary Use authorized under Section 25.16 is also subject to all other regulations of the applicable district. 2 (.L) w b. Adopt new Section 25.7.03-7 of the Zoning Ordinance to read as follows: 25.7.03-7 Model Home & Temporary Sales Office Identification Signs. a) Sign Classification: Ground Sign. b) Number & Type: i) One (1) sales office Identification Sign per hundred lots. ii) One (1) model home Identification Sign per approved model home. c) Maximum Sign Area: i) Sales office Identification Sign - thirty (30) square feet. ii) Model home Identification Sign - six (6) square feet. d) Maximum Height of Ground Sign: i) Sales office Identification Sign - six (6) feet. ii) Model home Identification Sign - three (3) feet. e) Location: i) Sales office Identification Sign - On the same lot as the approved temporary sales office; sign shall not interfere with Vision Clearance and shall be minimum often (10) feet from the street right-of-way. ii) Model home Identification Sign - On the same lot as the approved model home; sign shall not interfere with Vision Clearance and shall be a minimum of ten (10) feet from the street right-of-way. f) Design: As approved by the Plan Commission. g) Copy: No restrictions. h) Illumination: Not permitted. i) Landscaping: Not required. j) Required Approval: Either a Sign Plan showing the design of any sales office Identification Signs must be approved by the Plan Commission as part of the Primary Plat petition, or an ADLS application must be filed prior to the Establishment of the signs. k) Sign Permit: Required for signs with a Sign Area over six (6) square feet. 1) Time: Shall not be Established until either a temporary of final Certificate 3 w u of Occupancy has been issued for the Principal Building; may remain until such time as the temporary sales office and/or model home Temporary Use approval has expired, or until such time as the Principal Building is sold for private occupancy, whichever is earlier. c. Amend Sections 5.4.1, 6.4.1, 7.4.1,8.4.1, and 9.4.1, substituting "thirty-five (35) feet" in place of "twenty-five (25) feet.": d. Amend Section 25.7.01-2: Definitions to add the following language to the definition of "Vehicle Sign." "See also Section 25.7.01-4(q)." e. Amend Section 3.7: Definitions to adopt definitions of "Automobile Sales" and "Motor Vehicle." AUTOMOBILE SALES. Storage and/or display for sale of more than two (2) motor vehicles or any type of trailer. MOTOR VEHICLE. An automobile, truck, motorcycle, mobile home or any other vehicle propelled or driven otherwise than by muscular power. f. Repeal Section 25.7.01-3(/): 25.7.01-3: Exempted Signs. (I) Vehicle Signs g. Adopt Section 25.7. 01-4(q) to read as follows: q) It shall be prohibited to park or use a vehicle in such a way as to function as a sign, defined to include the parking of any vehicle, trailer or similar movable structure containing or supporting any signage between the right-of-way line of any public street and forward of the Front Line of Building of the Principal Building, with the exception of: 4 Q) Q (i) Vehicles actively involved in construction on or the serving of the site. (ii) Vehicles delivering products to the site in designated loading areas. (iii) Vehicles parked in designated truck parking areas of a development that have been screened from or are not generally visible from the public right-of-way. (iv) Passenger vehicles, pick-up trucks, and vans of a size that can fully fit within a standard parking space, containing signs painted on or permanently affixed on the doors or integral body panels that do not exceed sixteen (16) square feet in area. h. Adopt new Section 25.17 to read as follows: 25.17: Private Recreational Development or Facility. 25.17.1 Commercial Swimming Pool. A. Minimum Area: Two thousand (2000) square feet. 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. PASSED by the Common Council of the City of Carmel, Indiana this _ day of 2001, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer John R. Koven Kevin Kirby, President Pro Tempore N. L. Rundle Robert Battreall Luci Snyder Ronald E. Carter Wayne Wilson 5 w w ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this _ day of 2001, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this _ day of 2001, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney One Civic Square Carmel, IN 46032 6 .. .,~; -j~ " Molitor.. Grisham & Hester.. P.A. Attorneys Not In Partnership John R. Molitor Debra M. Grisham. Judy G. Hester. *A/so licensed in I//inois MEMORANDUM To: Members, Carmel Common Council From: John R. Molitor Date: August 1 J 2001 Re: Ordinance No. Z-365-01-Amendments to the Carmel Clay Zoning Ordinance For your convenience, you will find on the following pages a table of the sections in the Zoning Ordinance which are affected by this proposed Amendatory Ordinance, with a description of each amendment and its effect. While the Plan Commission has given you a favorable recommendation on all of these proposed Ordinance amendments, you may want to focus on the following key provisions in this proposal: . Zoning of fireworks stores (Paragraph D). . Regulation of sexually oriented businesses (Paragraphs L, M, N, and CC). . Creation of a new Park and Recreation zoning district (Paragraph P). . Restrictions on outside storage by businesses (Paragraph X). . Phasing out of non-conforming signs (Paragraph M). . Regulation of model homes (Paragraph DO). . Establishing an alternate hearing procedure for minor variance applications filed with the BZA (Paragraph MM). Please feel free to call me if you have questions about any of the provisions in this Amendatory Ordinance. ?J~ 11711 North Meridian Street + Suite 200 + Carmel, IN 46032 (317) 843-5511 + Fax (317) 843-5514 johnrmolitor@prodigy.net + debragrisham l@prodigy.net + hester4586@aoI.com .'~- ~~ ~ Ordinance No. Z-365-01- Amendments to the Carmel Clay Zoning Ordinance: Table of Affected Sections Paraaraoh Affected Sections A. 1.3, 4.3 B. 3.7 C. 3.7,4.3 D. 3.7 E. 3.7 F. 3.7,20G.3 G. 4.1 H. 11.4.3 I. 12.2, 13.2, 14.2, 15.2,16.2,17.2, 18.2, 19.2, 20A.2, 20B.2, 20C.2, 200.2 J. 18.6.4, 19.0.3, 20B.7.4, 20C.7.4, 20D.7.4,20E.5.4, 20F.5.2,25.12.1, 25.12.2, 29.6, 29.6.8, 34.4 K. 18.8.3,21.2.4, 24.2.4, 30.2.3, 30.5.3 Paae Descriotion of Amendment 2 Updates a cross-reference to a state statute; technical amendment. 2 Deletes a term no longer used in the Ordinance; technical amendment. 2 Updates references to a defined term; technical amendment. 2 Defines a FIREWORKS STORE. This amendment prohibits fireworks stores from being located in retail centers; in the future, they will be allowed only in industrial or manufacturing districts. 2 Removes the requirement that the Township jurisdiction be contiguous; technical amendment. 2 Includes in the General Definitions section all the definitions that apply to the Old Meridian District; technical amendment. 2 Updates the master list of Primary Zoning Districts; technical amendment. 2 Clarifies the density standard for the R-5 district; technical amendment. 3 Clarifies that special uses are not automatically permitted, but must be approved by the BZA; technical amendment. 3 Shortens references to the Department of Community Services; technical amendment. 3 Removes minimum notice standards from the Ordinance; this amendment allows the Plan Commission and the BZA to set their own notice standards by rule. Currently, the Rules of Procedure of both bodies require that notices be given at least 25 days before a public hearing. Page 2 of 5 ..~ " Paraaraph Affected Sections L. 20B.2 M. 20B.2.1 N. 20B.2.2 O. 20B.7.2,20C.7.2, 200.7.2 P. 20H a. 21.3 R. 23A.0.1 S. 23A.2 T. 23A.5 U. 23B.10.2.B.(5)(c), 23B.10.2.F, 23B16.3.B V. 25.2.10 W. 25.5 X. 25.5.3 Y. 25.7.01-2 Paae Description of Amendment 3 Allows sexually oriented businesses to be located only in the M-1 manufacturing district, and only when approved by the BZA as a special use. Currently, they are not specifically allowed in any zoning district. 3 Requires a minimum parcel size of 3 acres for any sexually oriented business. 3 Specifies higher setback standards for sexually oriented businesses. The minimum front yard will be 75 feet, the minimum side yard will be 112.5 feet, and the minimum landscaped buffer areas will be 22.5 feet in the front yard and 7.5 feet in the side and rear yards. 3 Specifies that trees are to be measured according to diameter at breast height (dbh); technical amendment. 3-4 Creates a new P-1 (Park and Recreation) zoning district for churches, lodges, country clubs, parks, and the like. This amendment does not rezone any property; it only provides that option for the future. 5 Allows the BZA to consider the need for lifeguard protection when authorizing a special use that includes a swimming pool. 5 Updates a cross-reference to a state statute; technical amendment. 5 Clarifies the boundary line of the Highway 431 Overlay Zone; technical amendment. 5 Clarifies that AOLS approval is required for any development that straddles the Highway 431 Overlay Zone boundary line; modeled after the US 31 Overlay Zone requirement. 5 Updates a cross-reference; technical amendment. 5 Mandates that the BZA require a commitment to provide lifeguard protection as needed when a swimming pool is open. 5 Updates a section heading; technical amendment. 5 Prohibits outside storage of merchandise in business, industrial, and manufacturing districts. 5 Clarifies that a sign placed on a vehicle that advertises that vehicle for sale is not exempt from the sign ordinance. Page 3 of 5 ,'''::; ..., Paraqraph Affected Sections Paqe Description of Amendment Z. 25.7.02-7 6 Creates a new set of standards for signage associated with an approved special use or use variance. Currently, there are no applicable standards, which requires all such signage to obtain variance approval from the BZA even when the underlying use has been approved. M. 25.7.06 7-9 Requires all non-conforming signs in the community to be registered with the Department by the end of the year. Registered signs will then be phased out of existence over a 7- year amortization period, unless variances are granted by the BZA. Non-conforming signs that are not registered will be considered illegal signs subject to immediate removal. BB. 25.14.0.3 9 Clarifies that DOCS, the Fire Department, and the Department of Communications share responsibility for enforcing the premises identification standards. CC. 25.15 9-10 Creates a new set of standards for sexually oriented businesses, requiring review and approval from the BZA before they may be established as special uses. This amendment will require that all such businesses be "collocated", if possible, on a limited number of well buffered sites in the M-1 district. DO. 25.16 11 Creates a new set of standards for model homes, requiring review and approval from the Director before they may be established as temporary uses (18-36 months maximum). Currently, there are no applicable standards, which requires all model homes to obtain variance approval from the BZA. EE. 26.4 11-12 Includes as a numbered section in the Ordinance all the perimeter buffering standards that currently appear in an Appendix; technical amendment. FF. 27.3 12 Updates a section heading; technical amendment. GG. 27.3.1 12 Requires all parking lots in the community to be paved. Currently, this standard does not apply to residential or institutional uses. HH. 27.3.2 12 Requires all parking lots in the community to be curbed. Currently, this standard does not apply to residential uses (except multi-family). II. 29.3.1 12 Updates a reference to the BZA process; technical amendment. JJ. 29.6.2 12 Clarifies that a commercial building permit is required for construction of a swimming pool for a public building or school. Page 4 of 5 .'~ .;~ Paraqraph Affected Sections Paqe Description of Amendment KK. 30.0 13 Updates a cross-reference to a state statute; technical amendment. LL. 30.7 13 Updates a cross-reference to a state statute; technical amendment. MM. 30.8 13-14 Creates an alternate hearing procedure under which a hearing officer can hear and approve minor development standards variances within the BZA's jurisdiction. The hearing officer will be required to be a member of the BZA, and the officer's decisions will be reviewable by the full BZA. NN. 31.1.5 14 Clarifies the location of the penalty provisions that apply to violators of the Ordinance; technical amendment. 00. 34.2.A 15 Increases the fines that apply to first-, second-, third., and fourth-time violators of the Ordinance. The fine schedule will be as follows: first violation, $100; second violation, $200; third violation, $300; fourth violation, $400; fifth and succeeding violations, $500. (Each day of violation will remain a separate, chargeable offense.) Page 5 of 5 :~ ..~ CERTIFICATION OF CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON ORDINANCE TO ADD NEW PROVISIONS TO THE CARMEL CLAY ZONING ORDINANCE CREATING A PARK AND RECREATION DISTRICT AND REGULATING SEXUALLY ORIENTED BUSINESSES, MODEL HOMES, SPECIAL USE SIGNS, VARIANCE SIGNS, AND NON-CONFORMING SIGNS AND TO MAKE SEVERAL CORRECTIVE AMENDMENTS TO THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-607 ORDINANCE No. Z-365 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The CarmeVClay Plan Commission offers you the following recommendation upon the amendment to the CarmeVClay Zoning Ordinance Z-289, as amended, to add to or amend certain provisions as set forth in the attached text. The CarmeVClay Plan Commission's recommendation on the proposed Text Amendment to certain Sections of the Zoning Ordinance is "FAVORABLE." At its regularly scheduled meeting of July 17, 2001, the CarmeVClay Plan Commission voted 11 in favor, none opposed. CARMEL/CLAY PLAN COMMISSION BY: -;J;/14~tld~) / / 'lyn Anderson, P esi~nt DATED: July 26,2001 RECEIVED JUl 'j 6 ?nn, CARMEL CLERK TREASURER .r~ ~~ Sponsor: Councilor Wilson ORDINANCE NO. Z-365-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA TO ADD NEW PROVISIONS TO THE CARMEL CLAY ZONING ORDINANCE (ORDINANCE NO. Z-289) CREATING A PARK AND RECREATION DISTRICT AND REGULATING SEXUALLY ORIENTED BUSINESSES, MODEL HOMES, SPECIAL USE SIGNS, VARIANCE SIGNS, AND NON-CONFORMING SIGNS AND TO MAKE SEVERAL PROCEDURAL AND CORRECTIVE AMENDMENTS TO THE ZONING ORDINANCE WHEREAS, the Common Council fmds 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 strict standards under which fireworks stores and sexually oriented businesses shall operate within the community, by permitting model homes to be operated only as temporary uses within new subdivisions, and by continuing to strike a reasonable balance between the needs of commercial enterprises in the City and Township for adequate business identification for the conduct of business and the community's desire to promote an attractive, uncluttered appearance that preserves property values and the quality of life for residents; and WHEREAS, the Common Council further finds that businesses in the City and Township which have invested in signage that conforms with current zoning standards should not be compelled indefinitely to compete with businesses that continue to display previously established signs that do not conform to the current standards, and that older, nonconforming signs should therefore be phased out within the community in accordance with an orderly timetable; and WHEREAS, the Common Council also finds that it is reasonable and necessary to protect the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City and Township in the manner set forth above and, in addition, by creating a new zoning district to be known as the Park and Recreation District and by explicitly requiring that the Carmel Board of Zoning Appeals duly consider the need for lifeguard protection before authorizing certain recreational facilities within the community; and WHEREAS, the Carmel Clay Plan Commission has duly approved, and recommended to the Common Council, the following amendments to the Zoning Ordinance for the City and Township which will update the Ordinance and various procedures and penalties therein, pursuant to the Advisory Planning Law of the State ofIndiana as well as the 2020 Vision Comprehensive Plan, such plan having been duly approved by resolution of the Common Council on September 24, 1996, and remaining in effect as the official Comprehensive Plan of the City of Carmel and Clay Township; Page 1 of 16 .'~ .....~ NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section I. The Carmel Clay Zoning Ordinance, No. Z-289, as amended, is amended as provided below (references herein to Section numbers are to Sections contained in said Ordinance No. Z-289): A. In Sections 1.3 and 4.3, substitute the term "the Advisory Planning Law" for the phrase "I.C. 36-7-4, as amended from time to time". In Section 3.7, insert a new definition of the term "ADVISORY PLANNING LAW" to read as follows: "ADVISORY PLANNING LAW. The Advisory Planning Law of the State ofIndiana, as defined in I.C. 36-7-4- 10 1. " B. In Section 3.7, delete the definition of the term "CALIPER". C. In Section 3.7, the definition of the term "COUNCIL", substitute "Common Council" for "City Council". In Section 4.3, delete both occurrences of the word "City" before "Council" . D. In Section 3.7, insert a new definition ofthe term "FIREWORKS STORE" to read as follows: "FIREWORKS STORE. A temporary business site or location, or a permanent building, where common fireworks (as defined in I.C. 22-11-14-1) are to be sold. For purposes of this Zoning Ordinance, a fireworks store shall be treated as ifit were a warehouse or storage facility, and not as a roadside sales stand or any other type of store. " E. In Section 3.7, the definition of the term "JURISDICTION OF THE COMMISSION AND THE BOARD", delete the word "contiguous". F. Relocate all the definitions contained in Section 20G.3 to Section 3.7 of the Zoning Ordinance. Revise Section 20G.3 to read, "Definitions. The definitions contained in Chapter 3 of the Zoning Ordinance shall be applicable to this Chapter 20G." G. In Section 4.1, add "P-l Park and Recreation District", "C-l City Center District", "C-2 Old Town District", and "OM Old Meridian District" to the list of Primary Zoning Districts. H. In Section 11.4.3, add the following sentence to the end of the section: "The base density permitted is 12 units per acre; Dwelling Unit Density may be increased above the permitted base density by the application of a factor of 1.5 % of the base density for each increase of 1 % in the percentage of the site acreage that is devoted to open space." Page 2 of 16 e";;. ....~ I. In Sections 12.2, 13.2, 14.2, 15.2, 16.2, 17.2, 18.2, 19.2, 20A.2, 20B.2, 20C.2, and 20D.2, delete the word "Permitted" before the term "Special Uses". 1. In Sections 18.6.4, 19.0.3, 20B.7.4, 20C.7.4, 20D.7.4, 20E.5.4, 20F.5.2, 25.12.1, 25.12.2, 29.6,29.6.8, and 34.4, delete "of Community Services" after the term "Department". K. In Sections 18.8.3,21.2.4,24.2.4,30.2.3, and 30.5.3, delete the fourth sentence of the Section, which reads: "The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date." L. In Section 20B.2, add "Sexually oriented business" to the list of Special Uses for the M-1 Manufacturing district. M. In Section 20B.2.1, add the following line to the table: "Sexually oriented business... 3". N. In Section 20B.2.2, add the following line to the table: "Sexually oriented business... The requirements listed in Sections 20B.4.2, 20B.4.3, and 20B.7 shall be increased by fifty percent (50%)". O. In Sections 20B.7.2, 20C.7.2, and 20D.7.2, substitute "dbh" for "cal. in size (measured at forty inches (40")" and delete ")" after the word "center". P. Insert a new Chapter 20H to read as follows: "20H.O P-l PARK AND RECREATION DISTRICT 20H.1 Purpose and Intent. The purpose of this district is to provide for historic, museum, religious and charitable, and park and recreational uses and to protect the environment within this district by providing only for those uses and for compatible, less intensive urban land uses. 20H.2 Permitted Uses: Antenna, if collocated on an existing or previously approved tower Antenna, if visually integrated with or camouflaged on or within a structure other than a tower (such as a chimney stack, church spire, light standard, monument, power line support device, or water tower) Cemetery Church, temple or other place of worship Page 3 of 16 ,', . .;- . -. '- Country club Golf course Historic site Museum Park or recreational development or facility Private club or lodge Religious or charitable institution Tennis or racquetball facility 20H.3 Special Uses: Artificial lake or pond (not part of a plat) Power transmission line, in excess of 129 KV A 20HA Special Exceptions: Private radio and television reception and transmitting towers and antennas, subject to applicable state and federal regulations (may not be located or permitted within ten (10) feet of a power transmission line) Wireless telecommunications service tower, monopole-type construction only 20H.5 Area Requirements: A. Minimum area: 3 acres (except cemeteries, 30 acres). B. Minimum front yard: 40 feet. C. Minimum side yard: 20 feet. D. Minimum aggregate of side yard: 50 feet. E. Minimum rear yard: 15 feet. F. Minimum lot width: 200 feet. G. Maximum lot coverage: thirty-five percent (35%) oflot. H. Minimum ground floor area: 1,000 square feet." Page 4 of 16 -, . ~- , Q. In Section 21.3 [Basis of Board Review], add the following to the list of items for the Board of Zoning Appeals to consider when reviewing Special Use or Special Exception applications: "26. Need for lifeguards and other supervisory personnel, in respect to a private recreational development or facility." R. In Section 23A.0.1, substitute "Le. 36-7-4-1400" for "LC. 36-1-1". S. In Section 23A.2, revise the Section to read, "The minimum front yard shall be one hundred twenty (120) feet from the right-of-way for State Highway 431." T. In Section 23A.5, add the following sentence to the end of the Section: "If a tract is located both inside and outside of the State Highway 431 Overlay Zone, ADLS approval is required for the entire tract to be developed." U. In Sections 23B.10.2.B.(5)(c), 23B.10.2.F, and 23B.16.3.B, substitute "Section 26.4" for "Appendix A". V. Add a new Section 25.2.10 to read as follows: "25.2.10. Swimming Pools. In districts where a private swimming pool is permitted as an accessory use, the fencing for such pool must comply with both this Section 25.2 and the standards applicable in the district. Whenever the Board grants special use approval to a private recreational development or facility that includes a swimming pool, the Board shall require appropriate fencing and shall also require the applicant to make a commitment that necessary lifeguard protection will be provided at all times when the pool is open for use." W. In Section 25.5, revise the heading to read, "Weeds and Solid Wastes; Outside Storage". X. Add a new Section 25.5.3 to read as follows: "25.5.3. Outside storage is not permitted in the Business, Industrial and Manufacturing districts, except when loading or unloading is in progress. This prohibition does not apply to the display of automobiles, trucks, boats, recreational vehicles, or mobile homes for sale or lease, except that they may not be displayed within ten (10) feet of any public right-of-way." Y. In Section 25.7.01-2 [Definitions], the definition of the term "VEHICLE SIGN", add the following sentence to the end of the definition: "A sign in or on a vehicle which advertises that vehicle for sale, lease or rental shall not be considered a vehicle sign." Page 5 of 16 _____ _ __~__ J_____ .'~ -. ." Z. Add a new Section 25.7.02-7 to read as follows: "25.7.02-7. Special Use and Use Variance Si2:ns. a) SIGN CLASSIFICATION: Wall sign or ground sign. b) NUMBER & TYPE: One (1) identification sign for each frontage on a public street (not alleys), with a maximmn of three (3) signs for lots with three (3) or more frontages. c) MAXIMUM SIGN AREA: per applicable Sign Chart. d) MAXIMUM HEIGHT OF GROUND SIGN: per applicable Sign Chart. e) LOCATION: Minimmn of five (5) feet from existing right-of-way or proposed right-of-way per the Carmel Clay Thoroughfare Plan, whichever is greater, and shall not interfere with vision clearance. f) DESIGN: No restrictions except for those signs that require approval. g) COPY: As per definition of identification sign. h) ILLUMINATION: Permitted. i) LANDSCAPING: Ground signs must be accompanied by a landscaped area at least equal to the total sign area. j) REQUIRED APPROVALS: As required per the regulations of all applicable Zoning Districts and/or Overlay Districts. All permanent signs requiring a permit that are established in the R-5/Residence District require ADLS approval from the Plan Commission. k) SIGN PERMIT: Required. 1) FEES: Required." Page 6 of 16 ...... '. AA. Amend Section 25.7.06 to read as follows: "25.7.06 Non-Conforming Signs. (a) After the enactment of this amendatory Ordinance, the Administrator shall make a survey every six (6) months of the jurisdictional area for signs that do not conform to this Ordinance; and shall submit the results of the survey, in writing, to the Mayor, Council, Officers of the Board and Commission. TIlls report is due on January 1, and July 1, of every year and shall include the sections of this Ordinance with which said signs do not comply, and any necessary proofthat said signs are legal non-conforming signs. (b) The Administrator shall also use all reasonable efforts to notify the user or owner of the property on which such sign is located of the sign's non-conformity and whether it is legally non-conforming or is illegal. Should any questions arise as a result of the Administrator's decision that a sign. is a legal non-conforming sign. or is illegal, the final determination of such status shall be made by the Board as provided for in Section 28.6 of this Ordinance. An ongoing record of existing legal non-conforming signs shall thereafter be maintained as a part of the Board's permanent records. (c) Where a non-conforming sign was legally existing on July 1, 2001, the user or owner shall register such sign as a legal non-conforming sign, specifying on the registration form the date of the erection or installation of such sign and, if applicable, the dates on which the Board granted a variance and a sign permit was issued. Registration forms shall be available from the Administrator and must be completed by the user or owner (or agent) and filed with the Administrator before January 1, 2002. A false statement on the form knowingly given by the registrant constitutes a waiver of any rights granted to the user or owner as to the continuance of the non-conforming sign, and such sign shall be removed or altered to conform within thirty (30) days after demand that such be done in writing by the Administrator, regardless of the ownership or the date of installation of such sign. (d) A non-conforming sign as described in Subsection (c) above which is duly registered shall thereafter be deemed a legal non-conforming sign and may be continued without further registration but only according to the following schedule: (1) A legal non-conforming sign that was erected or installed before May 23, 1973, shall be removed or altered to conform before January 1, 2006. Page 7 of 16 .~ '. .:; (2) A legal non-conforming sign that was erected or installed after May 22, 1973, and before November 5, 1981, shall be removed or altered to conform before January 1,2007. (3) A legal non-conforming sign that was erected or installed after November 4,1981, and before August 7,1995, shall be removed or altered to conform before January 1,2008. (4) A legal non-conforming sign that was erected or installed after August 6, 1995, and before July 1, 2001, shall be removed or altered to conform before January 1,2009. (e) If a non-conforming sign existing on July 1,2001, is not duly registered under this Section before January 1, 2002, it shall thereafter be deemed an illegal sign and shall be immediately brought into conformance with this Ordinance or shall be removed. (t) Where a variance is granted by the Board for a non-conforming sign after July 1, 2001, the user or owner shall annually register such sign as a legal non-conforming sign, specifying on the registration form the date of the erection or installation of such sign and the dates on which the Board granted a variance and a sign permit was issued. Such sign may be continued so long as the registration is renewed on or before December 31 of each year and the sign does not otherwise lose its legal non-conforming designation. (g) A legal non-conforming sign shall immediately lose its legal non- conforming designation if: (1) the sign is not kept in good repair and in a safe condition and the state of disrepair or unsafe condition continues for six (6) months; (2) the sign is relocated; (3) the complete sign and sign structure are replaced; (4) the sign permit or variance under which the sign was allowed or permitted expires; or (5) the user or owner of the sign fails to renew the registration of the sign when required by Subsection (f) above. Page 8 of 16 :'"" , .. (h) On the happening of any one of the above conditions the sign shall be immediately brought into conformance with this Ordinance with a new sign permit secured therefor, or shall be removed. (i) Nothing in this Ordinance shall relieve the owner or user of a legal non- conforming sign or owner of the property on which the legal non-conforming sign is located from the provisions of this ordinance regarding safety, maintenance, and repair of signs." BE. In Section 25.14.D.3, revise the Section to read, "The provisions of this Zoning Ordinance requiring premises identification may be enforced by the Administrator, by the Carmel/Clay Fire Chief, or by the Director of the Department of Communications." CC. Add a new Section 25.15 to read as follows: "25.15. Sexually Oriented Businesses. 25.15.1. Development Standards: (1) Zoning. A sexually oriented business (SOB) shall be permitted only in the M- 1 Manufacturing District and only as a special use, and as such is subject to the approval of the Board under Chapter 21 of the Zoning Ordinance. (2) Commitments by Owner. In the case of a SOB application which seeks approval for the erection of a new building, the Board shall, before approving such special use, require the applicant to make written commitments that: (a) the building will be designed and erected in such manner that it can reasonably accommodate up to three (3) additional SOB's within the same building; (b) the owner of the building will offer commercially reasonable lease terms to any other SOB owner that seeks to collocate its business in the building, so as to accomplish the purpose of minimizing the number of such buildings that must be erected in the Carmel/Clay community, and will agree to submit any disputes regarding the commercial reasonableness of such terms to binding arbitration; (c) the owner of the building will notify the Director within thirty (30) days after any oral or written communication from another SOB owner inquiring about collocation in the building, providing the Director with the name and address of the owner making the inquiry; and (d) the owner of the building will notify the Director within thirty (30) days after any SOB located in the building goes out of business or is abandoned, and will agree to remove from the building all supplies and equipment that were used by such SOB, and to Page 9 of 16 ...~ .~ remove from the site all associated facilities. The commitment must require that such removal be completed within sixty (60) days of the cessation of SOB operations at the site, and must authorize the Director, in the event that the supplies, equipment, and facilities are not removed within the required sixty (60) day period, to enter upon the premises and remove the supplies, equipment, and facilities, with the costs of such removal to be assessed against the owner of the parcel. (3) Enforcement. A commitment made under subparagraph (2) above shall be recorded pursuant to state statute and may be enforced by the Board, by the Director, or by any SOB owner that desires to collocate its business in the building subject to the commitment. If, after thirty (30) days notice from the Board, a person subject to a binding commitment refuses to honor or abide by such commitment, the special use approval shall be revoked by the Board. 25.15.2 Submittal Requirements: (1) Plot plan. In addition to the submittal requirements for any other special use, an application for approval of any SOB must include an area plan that shows not only the locations of all structures on the subject parcel but also the locations of all structures on adjacent parcels. (2) Code compliance. The application must (a) document that the applicant will operate the SOB in compliance with all applicable federal and state laws, (b) document that the applicant has, before filing the application, investigated the possibility of collocation with all other SOB owners in the Carmel/Clay community and in adjacent zoning jurisdictions, and (c) include any other information that may be reasonably requested by the Director as necessary to evaluate the application. 25.15.3. Non-conforming: Use. Any SOB in existence or operation in the Carmel/Clay jurisdiction as of the effective date of this amendatory ordinance may constitute either a legal or an illegal, non-conforming use under this Zoning Ordinance. If it is deemed to be a legal, non-conforming use, such SOB is subject to Chapter 28 of this Zoning Ordinance. If it is deemed to be an illegal, non-conforming use, it is subject to the penalties provided in Chapter 34 of this Zoning Ordinance. 25.15.4 Transitional Provisions. This paragraph applies to any application for a variance to authorize a SOB which may be pending before the Board on the effective date of this amendatory ordinance. The applicant may request that the Board treat such a variance application as if it were a special use application filed pursuant to the above provisions of this Section 25.15. If the Board grants such a request, the application shall then be approved or rejected by the Board in accordance with Section 21.4.1. This paragraph expires December 31, 2001." Page 10 of 16 ... ... DD. Add a new section 25.16 to read as follows: "25.16. Model Homes. 25.16.1. Model homes, which may include temporary sales offices, may be permitted in all residential districts but only as a temporary use, subject to approval by the Director based on a finding that the temporary use will not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such temporary use. The duration of a model home permit shall be fixed by the Director, for a term not to exceed eighteen (18) months. However, upon request, the Director may extend such a permit for increments of six (6) months, so long as the temporary use in the aggregate does not continue for more than thirty-six (36) months. 25.16.2. The Director shall ensure, before issuing a model home permit, that adequate access and off-street parking facilities will be provided, that public address systems will not be used, that flood lights and other lighting on the subject premises will be directed only upon those premises, and that a certificate of occupancy will be issued before the temporary use commences. A temporary use authorized under this Section is also subject to all other regulations of the applicable district." EE. Delete Appendix A (Perimeter Buffering) and add in lieu thereof a new Section 26.4 to read as follows: "26.4. Perimeter Buffering Requirements. 26.4.1. Where required, perimeter buffering shall be located along the side and rear lot lines of a lot/parcel and shall extend the entire length of the side and rear lot lines. 26.4.2. Where residential or other buildings back onto a public thoroughfare, buffer plantings shall occur outside of the public right-of-way, per the Tables below. 26.4.3. 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. 26.4.4. Existing vegetation may be used to achieve project buffering if (a) the vegetation located upon the subject parcel is of a quality and state of health to achieve buffering, and (b) the vegetation is proposed to be preserved using accepted best management practices for tree protection during construction. 26.4.5. To determine the applicable bufferyard requirements: (a) Use the TABLE FOR BUFFERY ARD DETERMINATION to identify the land use category of the proposed project use. (b) Use the TABLE FOR BUFFERY ARD DETERMINATION to identify the land use(s) of the adjoining property (s), or identify the street classification adjoining the proposed use by referring to the Official Thoroughfare Plan of Carmel Clay Township. (c) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject parcel by referring to the TABLE FOR BUFFER Y ARD DETERMINATION. Page 11 0/16 , ......, " TABLE FOR BUFFERYARD DETERMINATION C/l C s: ;:0> Z 0 ~~ -::r C/l0 -~ .......> ::r-m Z C C mo "rl ~~ -10 4'> ~;:o _Z)( ~ ~ 0-1 C/l "rl ;:0.... -. ;:0 2. -I (j)-I~ (j) -I -;:0 .... fil< =i (') Zm ~~ m.... ?" 3m ::rm;:o .... m c::r mm Q~ ';:0 :e::Om m )( ~ )>m C .f!1 -10 0- )>C/lC/l "rl -I -I ;:0 Co ~ -I ...)> -<>C/l )> 0 C/lc ~-< C/l.... s: ~ 0 m -IC/l 0 CIl rri~ !< Z Z > ;:Om ;:0 .f: .f: ~ )> -<.. -< .... j= 0 ::0 SINGLE FAMilY B C C D D D D D C D D D DUPLEX C A C B B C C D B D D D MUl TI-FAMll Y C C B B B C C D C D D D ACTIVE RECREA nON D B B A C C C C B D D D INSTITUTIONAL D B 8 C A A C C 8 D D D OFFICE; RETAil D C C C A A C D B D D D WAREHOUSE; l T. INDUSTRY D C C C C C A B B D D D HVY.INDUSTRY D D D C C D B B B D D D Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants required per one hundred linear foot increment. BUFFERYARD MINIMUM YARD WIDTH SHADE TREES ORNAMENTAL TREES SHRUBS" SIDE REAR A 5' 10' 3 2 9 B 5' 10' 3 3 15 C 10' 20' 3 4 21 0 15' 25' 5 5 27 *Evergreen trees may substitute in lieu of shrubbery, on a 1:3 basis (1 conifer equals three shrubs)." FF. In Section 27.3, revise the heading to read, "Parking Facilities", GG. In Section 27.3.1, revise the first sentence to read, "All parking lots shall be paved with a dustless, hard surface," HH. In Section 27.3.2, revise the first sentence to read, "All parking lots shall be curbed." II. In Section 29.3.1, after "special use" insert "and special exception". n. In Section 29.6.2, revise item (1) to read "Industrial, Institutional, and Commercial: Structures, additions, swimming pools, and accessory buildings (including public buildings and private schools)"; in item (10), insert the word "Residential" before the term "Swimming Pool", Page 12 of 16 ''"\ " KK. In Section 30.0, substitute "the Advisory Planning Law" for "Sections 66-69, inclusive, of Chapter 174 of the Acts of 1947 of the Indiana General Assembly and all acts amendatory thereto". LL. In Section 30.7, substitute "judicial review, according to the Advisory Planning Law" for "review by certiorari". MM. Add a new Section 30.8 to read as follows: "30.8. Alternate Procedure for Development Standards Variances. 30.8.1 30.8.2 30.8.3 30.8.4 30.8.5 Hearing Officers~ Oualifications. Appointment and Removal. Pursuant to I.C. 36- 7-4-923, the Commission hereby establishes the position of Hearing Officer. A Hearing Officer must be a member of the Board. One (1) or more Hearing Officers shall be appointed by the Commission. A Hearing Officer may be removed from his or her responsibilities at any time by the Commission. Powers of Hearing Officer. A Hearing Officer has the power of the Board to approve or deny a variance from the development standards of the Zoning Ordinance, in accordance with I.C. 36-7-4-918.5. Procedural Rules Governing Hearing Officers. Except as provided in this Section 30.8, all procedural requirements for development standards variances imposed by the Rules of Procedure of the Board, by the Zoning Ordinance, and by I.C. 36- 7-4-900 et seq. apply generally to the alternate procedure. Specifically, the provisions ofI.C. 36-7-4-920(g) regulating communication with any member of the Board shall be construed to prohibit communication by any person (other than the staff as permitted by law) with a Hearing Officer before a hearing with intent to influence the Hearing Officer's action on a matter pending before him or her. Docketing of Matters~ Copies to Members of the Board. After the Director has formally accepted any development standards variance application as complete and in legal compliance, the Director may, if the Director believes that it would allow for a more expedient disposition of the application, place the matter upon a Hearing Officer's agenda instead of placing the matter upon the Board's agenda. Copies of each Hearing Officer's agenda shall also be submitted to all members of the Board, no less than ten (10) days before the Hearing Officer's hearing of the matters on that agenda. Any member of the Board may then communicate with the Director if in the opinion of the member the application should be placed upon the Board's agenda. Transfer to Board's Agenda. The Director may, not less than five (5) days before a hearing before a Hearing Officer, remove any application from the Hearing Officer's agenda ifin the opinion of the Director: Page 13 of 16 ."'" " 30.8.6 30.8.7 30.8.8 (1) the approval of the development standards variance may be found to be injurious to the public health, safety, morals, and general welfare of the community; or (2) the use or value of the area adjacent to the property included in the variance may be found to be affected in a substantially adverse manner. If the Director removes an application from a Hearing Officer's agenda, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. Conditions Proposed bv Director; Transfer to Board's Agenda. The Director may, not less than five (5) days before a hearing before a Hearing Officer, indicate that he or she does not object to the approval of a development standards variance by the Hearing Officer if specified conditions are attached. If the applicant does not accept these conditions, the application shall be considered withdrawn,'or shall be transferred to the agenda of the Board if requested by the applicant. Imposition of Conditions bv Hearing Officer; Commitments by Property Owner; Transfer to Board's Agenda. Following the hearing of a development standards variance application under the alternate procedure, a Hearing Officer may impose conditions and may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel, as provided in I.C. 36-7-4-921 and the Rules of Procedure of the Board. If the applicant for the development standards variance fails to accept these conditions or fails to make the commitment, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. The Hearing Officer may not modify or terminate any commitment, whether made under the alternate procedure or pursuant to an approval by the Board. Such a commitment may be modified only by the Board itself. Review of Decisions of the Hearing Officer. A decision of a Hearing Officer may not be a basis for judicial review, but it may be appealed to the Board. The Board shall conduct a new hearing on the matter and shall not be bound by any findings of fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the Board within fourteen (14) days after the decision is made, as provided in I.C. 36-7-4-924." NN. In Section 31.1.5, revise the section to read, "Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, who violates this Zoning Ordinance is subject to the penalties provided in Chapter 34." Page 14 of 16 ~ " 00. In Section 34.2.A, substitute "one hundred dollars ($100.00)" for "fifty dollars ($50.00)". In Section 34.2.B, substitute "$200.00" for "$100.00", substitute "$300.00" for "$150.00", and substitute "$400.00" for "$200.00". Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Amendatory Ordinance are hereby repealed. Section III: This Amendatory Ordinance shall be filed in the Office of the Clerk-Treasurer upon its passage pursuant to I.C. 36-7-4-607, and shall take effect fourteen (14) days from and after such filing, in accordance with I.C. 36-7-4-610. PASSED by the Common Council of the City of Cannel, Indiana this _ day of 200 I, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer John R. Koven Kevin Kirby, President Pro Tempore N. L. Rundle Robert Battreall Luci Snyder Ronald E. Carter Wayne Wilson ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Filed by me in the Office of the Clerk-Treasurer of the City of Carmel, Indiana this_ day of 2001, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Page 15 of 16 ~ .~ Prepared by: John R. Molitor, Attorney 11711 N. Meridian St., Suite 200 Carmel, IN 46032 (317) 843-5511 Page 16 of 16 u u City of Carmel DEPARTMENT OF COMMUNITY SERVICES 10 July 2001 Ms. Alisa Riffey Tasty's Gift Factory 40 14 West 96th Street Indianapolis, IN 46268 re: Ordinance Amendment (76-01 OA) via Us. Mail Dear Ms. Riffey: I have attached a copy of the sections of a proposed Ordinance Amendment that would affect businesses that operate as Sexually Oriented Businesses, as defined by the Carmel/Clay Zoning Ordinance. I have also included a copy of that defInition for your review. The public hearing on this Amendment will be held Tuesday, July 17,2001, at 7:00 p.m. in the City Council Chambers on the Second Floor of Carmel City Hall. If you have any questions after reading through these materials, please feel free to contact me at (317) 571-2417. If you would like to offer written input or comment for the Plan Commission's consideration, you may address it to: Carmel/Clay Plan Commission c/o Ramona Hancock, Secretary Carmel City Hall One Civic Square Carmel, IN 46032 Thank you for your time and consideration. (:~i'0' d 1~M. Ullig, Jr. Planning & Zoning Administrator Department of Community Services Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 Q.) u Molitor.. Grisham & Hester.. P.A. Attorneys Not In Partnership John R. Molitor Debra M. Grisham. Judy G. Hester. .A/so licensed in Illinois MEMORANDUM From: John R. Molitor Members, Carmel Clay Plan Commission S-~ To: Date: July 6, 2001 Re: Docket No. 76-01 OA-Amendments to the Carmel Clay Zoning Ordinance For your convenience, I have prepared a table (attached) of the sections in the Zoning Ordinance which are affected by Docket No. 76-01 and a description of each amendment and its effect. While the staff is recommending that you give favorable consideration to all of these proposed Ordinance amendments, you will find that these are the key provisions needing your review and approval: . Zoning of fireworks stores (Paragraph D). . Regulation of sexually oriented businesses (Paragraphs M, N, 0, and Z). . Creation of a new Park and Recreation zoning district (Paragraph Q). . Phasing out of non-conforming signs (Paragraph X). . Regulation of model homes (Paragraph AA). In addition to the provisions included in Docket No. 76-01 OA as filed and distributed to you, the staff and I are recommending that you consider a few additional items for inclusion in this Update Ordinance package. These items arose out of discussions between the staff and members of the Board of Zoning Appeals after last month's BZA meeting, and they are as follows: LL. In Section 21.3 [Basis of Board Review], add the following to the list of items for the Board of Zoning Appeals to consider when reviewing Special Use or Special Exception applications: "26. Need for lifeguards and other supervisory personnel, in respect to a private recreational development or facility." 11711 North Meridian Street. Suite 200 . Carmel, IN 46032 (317) 843-5511. Fax (317) 843-5514 johnrmolitor@prodigy.net . debragrisham l@prodigy.net . hester4586@aol.com Q Memo re Ordinance Amend~S July 6, 2001 Page 2 of8 MM. Add a new Section 25.2.10 to read as follows: "25.2.10. Swimming Pools. In districts where a private swimming pool is permitted as an accessory use, the fencing for such pool must comply with both this Section 25.2 and the standards applicable in the district. Whenever the Board grants special use approval to a private recreational development or facility that includes a swimming pool, the Board shall require appropriate fencing and shall also require the applicant to make a commitment that necessary lifeguard protection will be provided at all times when the pool is open for use." NN. In Section 25.7.01-2 [Definitions], the definition of the term "VEHICLE SIGN", add the following sentence to the end ofthe definition: "A sign in or on a vehicle which advertises that vehicle for sale, lease or rental shall not be considered a vehicle sign. " 00. In Section 25.7.01-4 [Prohibited Signs], amend subdivision (1) to read "Signs which advertise goods, products, services or facilities or direct persons to a different location (or to a telephone number at a different location) from where the sign is installed. (Off-premise signs require a variance from the Board.)" PP. Add a new Section 30.8 to read as follows: "30.8. Alternate Procedure for Development Standards Variances. 30.8.1 30.8.2 30.8.3 30.8.4 Hearing Officers: Qualifications. Appointment and Removal. The Commission hereby establishes the position of Hearing Officer. A Hearing Officer must be a member of the Board. One (1) or more Hearing Officers shall be appointed by the Commission. A Hearing Officer may be removed from his or her responsibilities at any time by the Commission. Powers of Hearing Officer. A Hearing Officer has the power of the Board to approve or deny a variance from the development standards of the Zoning Ordinance, in accordance with IC 36-7-4-918.5. Procedural Rules Governing Hearing Officers. Except as provided in this Section 30.8, all procedural requirements for development standards variances imposed by the Rules of Procedure of the Board, by the Zoning Ordinance, and by IC 36-7-4-900 et seq. apply generally to the alternate procedure. Specifically, the provisions oflC 36-7-4-920(g) regulating communication with any member of the Board shall be construed to prohibit communication by any person (other than the staff as permitted by law) with a Hearing Officer before a hearing with intent to influence the Hearing Officer's action on a matter pending before him or her. Docketing of Matters: Copies to Members of the Board. After the Director has formally accepted any development standards variance application as Memo re Ordinance Amend~s July 6, 2001 Page 3 of8 30.8.5 30.8.6 30.8.7 (,) complete and in legal compliance, the Director may, if the Director believes that it would allow for a more expedient disposition of the application, place the matter upon a Hearing Officer's agenda instead of placing the matter upon the Board's agenda. Copies of each Hearing Officer's agenda shall also be submitted to all members of the Board, no less than ten (10) days before the Hearing Officer's hearing of the matters on that agenda. Any member of the Board may then communicate with the Director if in the opinion of the member the application should be placed upon the Board's agenda. Transfer to Board's Agenda. The Director may, not less than five (5) days before a hearing before a Hearing Officer, remove any application from the Hearing Officer's agenda if in the opinion of the Director: (1) the approval of the development standards variance may be found to be injurious to the public health, safety, morals, and general welfare of the community; or (2) the use or value of the area adjacent to the property included in the variance may be found to be affected in a substantially adverse manner. If the Director removes an application from a Hearing Officer's agenda, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. Conditions Proposed by Director; Transfer to Board's Agenda. The Director may, not less than five (5) days before a hearing before a Hearing Officer, indicate that he or she does not object to the approval of a development standards variance by the Hearing Officer if specified conditions are attached. If the applicant does not accept these conditions, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. Imposition of Conditions by Hearing Officer: Commitments by Property Owner: Transfer to Board's Agenda. Following the hearing of a development standards variance application under the alternate procedure, a Hearing Officer may impose conditions and may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel, as provided in I C 36-7-4-921 and the Rules of Procedure of the Board. If the applicant for the development standards variance fails to accept these conditions or fails to make the commitment, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. The Hearing Officer may not modify or terminate any commitment, whether made under the alternate procedure or pursuant to an approval by the Board. Such a commitment may be modified only by the Board itself. Memo re Ordinance Amend~s July 6,2001 Page 4 0/8 w 30.8.8 Review of Decisions of the Hearing Officer. A decision of a Hearing Officer may not be a basis for judicial review, but it may be appealed to the Board. The Board shall conduct a new hearing on the matter and shall not be bound by any findings of fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the Board within fourteen (14) days after the decision is made, as provided in Ie 36-7-4-924." Also, in Paragraph BB, insert the words "Where required," at the beginning of Section 26.4.1, and in Sections 23B.IO.2.B.(5)(c), 23B.10.2.F, and 23B.16.3.B, substitute "Section 26.4" for "Appendix A". Memo re Ordinance Amend~s July 6, 2001 Page 5 018 u Docket No. 76-01 OA- Amendments to the Carmel Clay Zoning Ordinance: Table of Affected Sections Paraqraph Affected Sections Paqe Description of Amendment A. 1.3, 4.3 1 Updates a cross-reference to a state statute; technical amendment. B. 3.7 1 Deletes a term no longer used in the Ordinance; technical amendment. C. 3.7,4.3 1 Updates references to a defined term; technical amendment. D. 3.7 1 Defines a FIREWORKS STORE. This amendment prohibits fireworks stores from being located in retail centers; in the future, they will be allowed only in industrial or manufacturing districts. E. 3.7 F. 3.7,20G.3 G. 4.1 H. 5.4.1,6.4.1, 7.4.1, 8.4.1, 9.4.1 I. 11.4.3 J. 12.2, 13.2, 14.2, 15.2, 16.2, 17.2, 18.2, 19.2, 20A.2, 20B.2, 20C.2, 20D.2 K. 18.6.4, 19.0.3, 20B.7.4, 20C.7.4, 20D.7.4, 20E.5.4, 20F.5.2, 25.12.1, 25.12.2,29.6, 29.6.8, 34.4 Removes the requirement that the Township jurisdiction be contiguous; technical amendment. 2 Includes in the General Definitions section all the definitions that apply to the Old Meridian District; technical amendment. 2 Updates the master list of Primary Zoning Districts; technical amendment. 2 Allows homes in most residential districts to be 35 feet high. The current maximum height is 25 feet, which requires variances for taller homes to be approved by the Board of Zoning Appeals. 2 Clarifies the density standard for the R-5 district; technical amendment. 2 Clarifies that special uses are not automatically permitted, but must be approved by the BZA; technical amendment. 2 Shortens references to the Department of Community Services; technical amendment. Memo re Ordinance Amend~s July 6,2001 Page 60/8 u Paraqraph Affected Sections Paqe Description of Amendment L. 18.8.3, 21.2.4, 24.2.4, 30.2.3, 30.5.3 M. 208.2 N. 208.2.1 O. 208.2.2 P. 208.7.2,20C.7.2, 200.7.2 Q. 20H R. 23A.0.1 S. 23A.2 T. 23A.5 U. 25.5 V. 25.5.3 W. 25.7.02-7 2 Removes minimum notice standards from the Ordinance; this amendment allows the Plan Commission and the 8ZA to set their own notice standards by rule. Currently, the Rules of Procedure of both bodies require that notices be given at least 25 days before a public hearing. 2 Allows sexually oriented businesses to be located only in the M- 1 manufacturing district, and only when approved by the 8ZA as a special use. Currently, they are not specifically allowed in any zoning district. 2 Requires a minimum parcel size of 3 acres for any sexually oriented business. 2 Specifies higher setback standards for sexually oriented businesses. The minimum front yard will be 75 feet, the minimum side yard will be 112.5 feet, and the minimum landscaped buffer areas will be 22.5 feet in the front yard and 7.5 feet in the side and rear yards. 2 Specifies that trees are to be measured according to diameter at breast height (dbh); technical amendment. 2-4 Creates a new P-1 (Park and Recreation) zoning district for churches, lodges, country clubs, parks, and the like. This amendment does not rezone any property; it only provides that option for the future. 4 Updates a cross-reference to a state statute; technical amendment. 4 Clarifies the boundary line of the Highway 431 Overlay Zone; technical amendment. 4 Clarifies that ADLS approval is required for any development that straddles the Highway 431 Overlay Zone boundary line; modeled after the US 31 Overlay Zone requirement. 4 Updates a section heading; technical amendment. 4 Prohibits outside storage of merchandise in business, industrial, and manufacturing districts. 4-5 Creates a new set of standards for signage associated with an approved special use or use variance. Currently, there are no applicable standards, which requires all such signage to obtain variance approval from the 8ZA even when the underlying use has been approved. Memo re Ordinance Amend~s July 6,2001 Page 70/8 u Paraqraph Affected Sections Paqe Description of Amendment x. 25.7.06 5-7 Requires all non-conforming signs in the community to be registered with the Department by the end of the year. Registered signs will then be phased out of existence over a 7- year amortization period. unless variances are granted by the BZA. Non-conforming signs that are not registered will be considered illegal signs subject to immediate removal. Y. 25.14.D.3 7 Clarifies that DOCS. the Fire Department, and the Department of Communications share responsibility for enforcing the premises identification standards. z. 25.15 7 -8 Creates a new set of standards for sexually oriented businesses, requiring review and approval from the BZA before they may be established as special uses. This amendment will require that all such businesses be "collocated", if possible, on a limited number of well buffered sites in the M-1 district. AA. 25.16 8-9 Creates a new set of standards for model homes. requiring review and approval from the Director before they may be established as temporary uses (18-36 months maximum). Currently, there are no applicable standards, which requires all model homes to obtain variance approval from the BZA. BB. 26.4 9 Includes as a numbered section in the Ordinance all the perimeter buffering standards that currently appear in an Appendix; technical amendment. CC. 27.3 10 Updates a section heading; technical amendment. DD. 27.3.1 10 Requires all parking lots in the community to be paved. Currently, this standard does not apply to residential or institutional uses. EE. 27.3.2 10 Requires all parking lots in the community to be curbed. Currently, this standard does not apply to residential uses (except multi-family). FF. 29.3.1 10 Updates a reference to the BZA process; technical amendment. GG. 29.6.2 10 Clarifies that a commercial building permit is required for construction of a swimming pool for a public building or school. HH. 30.0 10 Updates a cross-reference to a state statute; technical amendment. II. 30.7 10 Updates a cross-reference to a state statute; technical amendment. Memo re Ordinance Amend~s July 6, 2001 Page 8 of8 Paraqraph Affected Sections JJ. 31.1.5 KK. 34.2.A LL. 21.3 MM. 25.2.10 NN. 25.7.01-2 00. 25.7.01-4 PP. 30.8 Paqe Addl. item Addl. item Add I. item Add I. item Addl. item u Description of Amendment 11 Clarifies the location of the penalty provisions that apply to violators of the Ordinance; technical amendment. 11 Increases the fines that apply to first-, second-, third-, and fourth-time violators of the Ordinance. The fine schedule will be as follows: first violation, $100; second violation, $200; third violation, $300; fourth violation, $400; fifth and succeeding violations, $500. (Each day of violation will remain a separate, chargeable offense.) Allows the BZA to consider the need for lifeguard protection when authorizing a special use that includes a swimming pool. Mandates that the BZA require a commitment to provide lifeguard protection as needed when a swimming pool is open. Clarifies that a sign placed on a vehicle that advertises that vehicle for sale is not exempt from the sign ordinance. Prohibits as an "off-premise" sign any sign placed on a vehicle that advertises that vehicle for sale, except at the premises where the advertised telephone number is located. Creates an alternate hearing procedure under which a hearing officer can hear and approve minor development standards variances within the BZA's jurisdiction. The hearing officer will be required to be a member of the BZA, and the officer's decisions will be reviewable by the full BZA. ";., /~ Ordinance No. AN ORDINANCE TO ADD NEW PROVISIONS TO THE CARMEL CLAY ZONING ORDINANCE CREATING A PARK AND RECREATION DISTRICT AND REGULATING SEXUALLY ORIENTED BUSINESSES, MODEL HOMES, SPECIAL USE SIGNS, VARIANCE SIGNS, AND NON-CONFORMING SIGNS AND TO MAKE SEVERAL CORRECTIVE AMENDMENTS TO THE ZONING ORDINANCE Be it ordained by the Common Council of the City of Carmel, Indiana, that, upon recommendation of the Carmel Clay Plan Commission pursuant to IC 36-7-4-607, it adopts this Ordinance as an amendment to the Carmel/Clay Zoning Ordinance Z-289, as amended (the "Zoning Ordinance"), to add to or amend the following provisions in the Zoning Ordinance: A. In Sections 1.3 and 4.3, substitute the term "the Advisory Planning Law" for the phrase "LC. 36-7-4, as amended from time to time". In Section 3.7, insert a new definition of the term "ADVISORY PLANNING LAW" to read as follows: "ADVISORY PLANNING LAW. The Advisory Planning Law of the State of Indiana, as defined in LC. 36-7-4- 10 1. " B. In Section 3.7, delete the definition of the term "CALIPER". C. In Section 3.7, the definition of the term "COUNCIL", substitute "Common Council" for "City Council". In Section 4.3, delete both occurrences of the word "City" before "Council". D. In Section 3.7, insert a new definition ofthe term "FIREWORKS STORE" to read as follows: "FIREWORKS STORE. A temporary business site or location, or a permanent building, where common fireworks (as defined in I.C. 22-11-14-1) are to be sold. For purposes ofthis Zoning Ordinance, a fireworks store shall be treated as if it were a warehouse or storage facility, and not as a roadside sales stand or any other type of store." E. In Section 3.7, the definition of the term "JURISDICTION OF THE COMMISSION AND THE BOARD", delete the word "contiguous". model homes 6/22/2001 1 _L. :4 F. Relocate all the definitions contained in Section 20G.3 to Section 3.7 of the Zoning Ordinance. Revise Section 20G.3 to read, "Definitions. The definitions contained in Chapter 3 of the Zoning Ordinance shall be applicable to this Chapter 20G." G. In Section 4.1, add "P-l Park and Recreation District", "C-l City Center District", "C-2 Old Town District", and "OM Old Meridian District" to the list of Primary Zoning Districts. H. In Sections 5.4.1, 6.4.1, 7.4.1, 8.4.1, and 9.4.1, substitute ''thirty-five (35) feet" for "twenty-five (25) feet". Repeal Section 26.1.1, which relates to increasing the maximum height permitted for structures in the S-I, S-2, R-l, R-2, and R-3 residence districts. 1. In Section 11.4.3, add the following sentence to the end of the section: "The base density permitted is 12 units per acre; Dwelling Unit Density may be increased above the permitted base density by the application of a factor of 1.5 % of the base density for each increase of 1 % in the percentage of the site acreage that is devoted to open space." J. In Sections 12.2, 13.2, 14.2, 15.2, 16.2, 17.2, 18.2, 19.2, 20A.2, 20B.2, 20C.2, and 20D.2, delete the word "Permitted" before the term "Special Uses". K. In Sections 18.6.4, 19.0.3, 20B.7.4, 20C.7.4, 20D.7.4, 20E.5.4, 20F.5.2, 25.12.1, 25.12.2, 29.6,29.6.8, and 34.4, delete "of Community Services" after the term "Department". L. In Sections 18.8.3,21.2.4,24.2.4, 30.2.3, and 30.5.3, delete the fourth sentence of the Section, which reads: "The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date." M. In Section 20B.2, add "Sexually oriented business" to the list of Special Uses for the M-l Manufacturing district. N. In Section 20B.2.1, add the following line to the table: "Sexually oriented business... 3". O. In Section 20B.2.2, add the following line to the table: "Sexually oriented business... The requirements listed in Sections 20B.4.2, 20B.4.3, and 20B.7 shall be increased by fifty percent (50%)". P. In Sections 20B.7.2, 20C.7.2, and 20D.7.2, substitute "dbh" for "cal. in size (measured at forty inches (40")" and delete ")" after the word "center". Q. Insert a new Chapter 20H to read as follows: "20H.O P-l PARK AND RECREATION DISTRICT 20H.l Purpose and Intent. The purpose of this district is to provide for historic, museum, religious and charitable, and park and recreational uses and to protect the environment within this district by providing only for those uses and for compatible, less intensive urban land uses. model homes 6/22/2001 2 , 20H.2 Permitted Uses: Antenna, if collocated on an existing or previously approved tower Antenna, if visually integrated with or camouflaged on or within a structure other than a tower (such as a chimney stack, church spire, light standard, monument, power line support device, or water tower) Cemetery Church, temple or other place of worship Country club Golf course Historic site Museum Park or recreational development or facility Private club or lodge Religious or charitable institution Tennis or racquetball facility 20H.3 Special Uses: Artificial lake or pond (not part of a plat) Power transmission line, in excess of 129 KV A 20H.4 Special Exceptions: Private radio and television reception and transmitting towers and antennas, subject to applicable state and federal regulations (may not be located or permitted within ten (10) feet of a power transmission line) Wireless telecommunications service tower, monopole-type construction only 20H.5 Area Reauirements: A. Minimum area: 3 acres (except cemeteries, 30 acres). B. Minimum front yard: 40 feet. model homes 6/22/2001 3 .., C. Minimum side yard: 20 feet. D. Minimum aggregate of side yard: 50 feet. E. Minimum rear yard: 15 feet. F. Minimum lot width: 200 feet. G. Maximum lot coverage: thirty-five percent (35%) oflot. H. Minimum ground floor area: 1,000 square feet." R. In Section 23A.0.l, substitute "I.C. 36-7-4-1400" for "I.C. 36-1-1". S. In Section 23A.2, revise the Section to read, "The minimum front yard shall be one hundred twenty (120) feet from the right-of-way for State Highway 431." T. In Section 23A.5, add the following sentence to the end of the Section: "If a tract is located both inside and outside of the State Highway 431 Overlay Zone, AD LS approval is required for the entire tract to be developed." U. In Section 25.5, revise the heading to read, "Weeds and Solid Wastes; Outside Storage". V. Add a new Section 25.5.3 to read as follows: "25.5.3. Outside storage is not permitted in the Business, Industrial and Manufacturing districts, except when loading or unloading is in progress. This prohibition does not apply to the display of automobiles, trucks, boats, recreational vehicles or mobile homes for sale or lease, except that they may not be displayed within ten (10) feet of any public right-of-way." W. Add anew Section 25.7.02-7 to read as follows: "25.7.02-7. Special Use and Use Variance Si2ns. a) SIGN CLASSIFICATION: Wall sign or ground sign. b) NUMBER & TYPE: One (1) identification sign for each frontage on a public street (not alleys), with a maximum of three (3) signs for lots with three (3) or more frontages. c) MAXIMUM SIGN AREA: per applicable Sign Chart. d) MAXIMUM HEIGHT OF GROUND SIGN: per applicable Sign Chart. e) LOCATION: Minir~lUm of five (5) feet from existing right-of-way or proposed right-of-way per the Carmel Clay Thoroughfare Plan, whichever is greater, and shall not interfere with vision clearance. f) DESIGN: No restrictions except for those signs that require approval. g) COPY: As per definition of identification sign. h) ILLUMINATION: Permitted. model homes 6/22/2001 4 ~ . i) LANDSCAPING: Ground signs must be accompanied by a landscaped area at least equal to the total sign area. j) REQUIRED APPROVALS: As required per the regulations of all applicable Zoning Districts and/or Overlay Districts. All permanent signs requiring a permit that are established in the R-5/Residence District require ADLS approval from the Plan Commission. k) SIGN PERMIT: Required. 1) FEES: Required." X. Amend Section 25.7.06 to read as follows: "25.7.06 Legal Non-Conforming Signs. (a) After the enactment of this Ordinance, the Administrator shall make a survey every six (6) months of the jurisdictional area for signs that do not conform to this Ordinance; and shall submit the results of the survey, in writing, to the Mayor, Council, Officers of the Board and Commission. This report is due on January 1, and July 1, of every year and shall include the sections of this Ordinance with which said signs do not comply, and any necessary proof that said signs are legal non- conforming signs. (b) The Administrator shall also use all reasonable efforts to notify the user or owner of the property on which such sign is located of the sign's non-conformity and whether it is legally non-conforming or is illegal. Should any questions arise as a result of the Administrator's decision that a sign is a legal non-conforming sign or is illegal, the final determination of such status shall be made by the Board as provided for in Section 28.6 of this Ordinance. An ongoing record of existing legal non-conforming signs shall thereafter be maintained as a part of the Board's permanent records. (c) Where a non-conforming sign was lawfully existing on July 1, 2001, the user or owner shall register such sign as a legal non-conforming sign, specifying on the registration form the date of the erection or installation of such sign and, if applicable, the dates on which the Board granted a variance and a sign permit was issued. Registration forms shall be available from the Administrator and must be completed by the user or owner (or agent) and fIled with the Administrator before January 1, 2002. A false statement on the form knowingly given by the registrant constitutes a waiver of any rights granted to the user or owner as to the continuance of the non-conforming sign, and such sign shall be removed or altered to conform within thirty (30) days after demand that such be done in writing by the model homes 6/22/2001 5 I Administrator, regardless of the ownership or the date of installation of such sign. (d) A non-conforming sign as described in Subsection (c) above which is duly registered shall thereafter be deemed a legal non-conforming sign and may be continued without further registration but only according to the following schedule: (1) A legal non-conforming sign that was erected or installed before May 23, 1973, shall be removed or altered to conform before January 1, 2006. (2) A legal non-conforming sign that was erected or installed after May 22, 1973, and before November 5, 1981, shall be removed or altered to conform before January 1, 2007. (3) A legal non-conforming sign that was erected or installed after November 4,1981, and before August 7,1995, shall be removed or altered to conform before January 1, 2008. (4) A legal non-conforming sign that was erected or installed after August 6, 1995, and before July 1, 2001, shall be removed or altered to conform before January 1, 2009. (e) If a non-conforming sign existing on July 1, 2001, is not duly registered under this Section before January 1, 2002, it shall thereafter be deemed an illegal sign and shall be immediately brought into conformance with this Ordinance or shall be removed. (f) Where a variance is granted by the Board for a non-conforming sign after July 1, 2001, the user or owner shall annually register such sign as a legal non-conforming sign, specifying on the registration form the date of ~he erection or installation of such sign and the dates on which the Board granted a variance and a sign permit was issued. Such sign may be continued so long as the registration is renewed on or before December 31 of each year and the sign does not otherwise lose its legal non-conforming designation. (g) A legal non-conforming sign shall immediately lose its legal non- conforming designation if: 1) the sign is not kept in good repair and in a safe condition and the state of disrepair or unsafe condition continues for six (6) months; the sign is relocated; 2) 3) the complete sign and sign structure are replaced; or model homes 6/22/2001 6 .~ ., 4) the sign pennit or variance under which the sign was allowed or pennitted expires. (h) On the happening of anyone of the above conditions the sign shall be immediately brought into confonnance with this Ordinance with a new sign permit secured therefor, or shall be removed. (i) Nothing in this Ordinance shall relieve the owner or user of a legal non- confonning sign or owner of the property on which the legal non-confonning sign is located from the provisions of this ordinance regarding safety, maintenance and repair of signs." Y. In Section 25.14.D.3, revise the Section to read, "The provisions of this Zoning Ordinance requiring premises identification may be enforced by the Administrator, by the Cannel/Clay Fire Chief, or by the Director of the Department of Communications." Z. Add a new Section 25.15 to read as follows: "25.15. Sexually Oriented Businesses. 25.15.1. Development Standards: (1) Zoning. A sexually oriented business (SOB) shall be permitted only in the M- 1 Manufacturing District and only as a special use, and as such is subject to the approval of the Board under Chapter 21 of the Zoning Ordinance. (2) Commitments by Owner. In the case of a SOB application which seeks approval for the erection of a new building, the Board shall, before approving such special use, require the applicant to make written commitments that: (a) the building will be designed and erected in such manner that it can reasonably accommodate up to three (3) additional SOB's within the same building; (b) the owner of the building will offer commercially reasonable lease tenns to any other SOB owner that seeks to collocate its business in the building, so as to accomplish the purpose of minimizing the number of such buildings that must be erected in the Cannel/Clay community, and will agree to submit any disputes regarding the commercial reasonableness of such tenns to binding arbitration; (c) the owner of the building will notify the Director within thirty (30) days after any oral or written communication from another SOB owner inquiring about collocation in the building, providing the Director with the name and address of the owner making the inquiry; and (d) the owner of the building will notify the Director within thirty (30) days after any SOB located in the building goes out of business or is abandoned, and will agree to remove from the building all supplies and equipment that were used by such SOB, and to model homes 6/22/2001 7 remove from the site all associated facilities. The commitment must require that such removal be completed within sixty (60) days of the cessation of SOB operations at the site, and must authorize the Director, in the event that the supplies, equipment, and facilities are not removed within the required sixty (60) day period, to enter upon the premises and remove the supplies, equipment, and facilities, with the costs of such removal to be assessed against the owner of the parcel. (3) Enforcement. A commitment made under subparagraph (2) above shall be recorded pursuant to state statute and may be enforced by the Board, by the Director, or by any SOB owner that desires to collocate its business in the building subject to the commitment. If, after thirty (30) days notice from the Board, a person subject to a binding commitment refuses to honor or abide by such commitment, the special use approval shall be revoked by the Board. 25.15.2 Submittal Requirements: (1) Plot plan. In addition to the submittal requirements for any other special use, an application for approval of any SOB must include an area plan that shows not only the locations of all structures on the subject parcel but also the locations of all structures on adjacent parcels. (2) Code compliance. The application must (a) document that the applicant will operate the SOB in compliance with all applicable federal and state laws, (b) document that the applicant has, before filing the application, investigated the possibility of collocation with all other SOB owners in the Carmel/Clay community and in adjacent zoning jurisdictions, and (c) include any other information that may be reasonably requested by the Director as necessary to evaluate the application. 25.15.3. Non-conforming Use. Any SOB in existence or operation in the Carmel/Clay jurisdiction as of the effective date of this amendatory ordinance may constitute either a legal or an illegal, non-conforming use under this Zoning Ordinance. If it is deemed to be a legal, non-conforming use, such SOB is subject to Chapter 28 of this Zoning Ordinance. If it is deemed to be an illegal, non-conforming use, it is subject to the penalties provided in Chapter 34 of this Zoning Ordinance. 25.15.4 Transitional Provisions. This paragraph applies to any application for a variance to authorize a SOB which may be pending before the Board on the effective date of this amendatory ordinance. The applicant may request that the Board treat such a variance application as if it were a special use application filed pursuant to the above provisions of this Section 25.15. If the Board grants such a request, the application shall then be approved or rejected by the Board in accordance with Section 21.4.1. This paragraph expires December 31, 2001." AA. Add a new section 25.16 to read as follows: "25.16. Model Homes. model homes 6/22/200 1 8 -, -. 25.16.1. Model homes, which may include temporary sales offices, may be permitted in all residential districts but only as a temporary use, subject to approval by the Director based on a finding that the temporary use will not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such temporary use. The duration of a model home permit shall be fixed by the Director, for a term not to exceed eighteen (18) months. However, upon request, the Director may extend such a permit for increments of six (6) months, so long as the temporary use in the aggregate does not continue for more than thirty-six (36) months. 25.16.2. The Director shall ensure, before issuing a model home permit, that adequate access and off-street parking facilities will be provided, that public address systems will not be used, that flood lights and other lighting on the subject premises will be directed only upon those premises, and that a certificate of occupancy will be issued before the temporary use commences. A temporary use authorized under this Section is also subject to all other regulations ofthe applicable district." BB. Delete Appendix A (perimeter Buffering) and add in lieu thereof a new Section 26.4 to read as follows: "26.4. Perimeter Buffering Requirements. 26.4.1. Perimeter buffering shall be located along the side and rear lot lines of a lot/parcel and shall extend the entire length of the side and rear lot lines. 26.4.2. Where residential or other buildings back onto a public thoroughfare, buffer plantings shall occur outside of the public right-of-way, per the Tables below. 26.4.3. 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. 26.4.4. Existing vegetation may be used to achieve project buffering if (a) the vegetation located upon the subject parcel is of a quality and state of health to achieve buffering, and (b) the vegetation is proposed to be preserved using accepted best management practices for tree protection during construction. 26.4.5. To determine the applicable bufferyard requirements: (a) Use the TABLE FOR BUFFERY ARD DETERMINATION to identify the land use category of the proposed project use. (b) Use the TABLE FOR BUFFERY ARD DETERMINATION to identify the land use(s) of the adjoining property (s), or identify the street classification adjoining the proposed use by referring to the Official Thoroughfare Plan of Carmel Clay Township. (c) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject parcel by referring to the TABLE FOR BUFFERY ARD DETERMINATION. model homes 6/22/2001 9 tIl 0 3l: :;0)> Z :;00 ~~ -:e tIln -"II -)> :e-om Z e: e: mn tIl m"TI t5~ iilo "II)> "11:;0 Ci~:;O?;1 G) "II ~ n.... ::! ~::!! -:;0 ~:;o :1..... .... :;0- zm ~~ m.... 3m :em :;0 .... ~ ~iii ::! _n m.... ~~ ':;0 :::E:;O m m ~ e: ....P.I c:e ~ ....Pl 0_ )>tIl tIl ~ ::! e:o .... ..)> '<.... tIl 3l: ::! tile: 0 ff'< tIl.... ~ :::E 3l: 0 g ....tIl CD ~ z ~P.I ;;0 .e .e .... )> ~ .... m '< SINGLE FAMILY 8 C C 0 0 0 0 0 C 0 0 0 DUPLEX C A C 8 8 C C 0 8 0 0 0 MULTI.FAMILY C C 8 8 8 C C 0 C 0 0 0 ACTIVE 0 8 8 A C C C C 8 0 0 0 INSTITUTIONAL; 0 8 8 C A A C C 8 0 0 0 OFFICE; RETAIL 0 C C C A A C 0 8 0 0 0 WAREHOUSE; 0 C C C C C A 8 8 0 0 0 HVY. INDUSTRY 0 0 0 C C 0 8 8 8 0 0 0 TABLE FOR BUFFERYARD DETERMINATION Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants required per one hundred linear foot increment. BUFFERYARD MINIMUM YARD WIDTH SHADE TREES ORNAMENTAL TREES SHRUBS. SIDE REAR A 5' 10' 3 2 9 B 5' 10' 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 (1 conifer equals three shrubs)." CC. In Section 27.3, revise the heading to read, "Parking Facilities". DD. In Section 27.3.1, revise the fIrst sentence to read, "All parking lots shall be paved with a dustless, hard surface." BE. In Section 27.3.2, revise the fIrst sentence to read, "All parking lots shall be curbed." FF. In Section 29.3.1, after "special use" insert "and special exception". GG. In Section 29.6.2, revise item (1) to read "Industrial, Institutional, and Commercial: Structures, additions, swimming pools, and accessory buildings (including public buildings and private schools)"; in item (10), insert the word "Residential" before the term "Swimming Pool". llli. In Section 30.0, substitute "the Advisory Planning Law" for "Sections 66-69, inclusive, of Chapter 174 of the Acts of 1947 of the Indiana General Assembly and all acts amendatory thereto" . II. In Section 30.7, substitute 'judicial review, according to the Advisory Planning Law" for "review by certiorari". model homes 6/22/200 I 10 . . "- J1. In Section 31.1.5, revise the section to read, "Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, who violates this Zoning Ordinance is subject to the penalties provided in Chapter 34." KK. In Section 34.2.A, substitute "one hundred dollars ($100.00)" for "fifty dollars ($50.00)". In Section 34.2.B, substitute "$200.00" for "$100.00", substitute "$300.00" for "$150.00", and substitute "$400.00" for "$200.00". model homes 6/22/200 1 11