HomeMy WebLinkAboutZ-366-01 Ordinance
Sponsor(s): Councilor Wayne Wilson
ORDINANCE NO. Z-366-01
AN ORDINANCE OF THE COMMON COUNCIL OF THE
C.ITY OF CARMEL, INDIANA
AN ORDINANCE TO GOVERN THE ESTABLISHMENT, USE, AND DURA nON 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-I/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 Cannel 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 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 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
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
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WHEREAS, the Cannel/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, Indian~
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 ofthe 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 Horne 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
more than thirty-six (36) months.
25.16.3 The Director shalt ensure, before issuing a Model Horne 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
Use commences.
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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.
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 often (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
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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
of Occunancy has been issued for the Princinle 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 Principle 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."
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 the Principle Building, with the
exception of:
A. Vehicles actively involved in construction on or the serving of the site.
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B. Vehicles delivering products to the site in designated loading areas.
C. Vehicles parked in designated truck parking areas ofa 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.
A.
Commercial Swimming Pool.
Minimum Area: Two thousand (2000) square feet.
25.17.1
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 ofCanne~ Indiana this 4-lh day of ..
f fry! 0- 2002, by B -;ate ef' ftJ~! and hayJ:- c."S1I Me c3c+i OJ~
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COMMON COUNCIL FOR THE CITY OF CARMEL
.,. ~ ~IL M.1"-lUT~ OF 2.J+/O!J...j OJ<.t:>It.JANCE EXc..ee:l)t:.D
qc- 'bW ''R,"~P<oJ~'- 0~~WfUE; /("'~PEFdl.EJ )...~Ic.A.u.,y
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ATTEST:
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Diana L. Cordray, IAMC, Clerk- Treasw
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Pres~~te~ by me to the Mayor of the City of Cannel. Indiana this ,i;!311t day of ~ IJ .
2002, at ~,.5 .f...M.
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Diana L. Cordray, IAMC. Cler .( :/asurer
Approved by me, Mayor of the City of Cannel,lndiana, Ibis IE... day of fij{1- 1/7
2002, at f<b'1 -r..M.
ATTEST:
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A'/'u?.I\..;\~' ,_ C.tl..A l{.(C'
Diana L. Cordray, IAMC, Clerk- TreaS~er
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Prepared by: John R. Molitor
CarmeVClay Plan Commission Attorney
One Civic Square
Carmel, IN 46032
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CERTInCATIONOFCARMEUCLAY
PLAN COMMISSION'S RECOMMENDATION
ON ORDINANCE TO ADD NEW PROVISIONS
AND MAKE SEVERAL CORRECTIVE
AMENDMENTS TO THE CAroMEL CLAY
ZONING ORDINANCE
PERTAINING TO
MODEL HOMES, RESIDENTIAL BUILDING
HEIGHT AND SETBACK; DEFINITION OF
VEmCLE 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 Cannel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following recommendation upon the
amendment to the Cannel/Clay Zoning Ordinance Z-289, as amended, to add to or amend
certain provisions as set forth in the attached text.
The Cannel/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 '. .
.. .'
IB38?Om
CARMEL CLERK
TREASURER
Form Prescribed by State Board of Accounts
c~ J~t~--~/.
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LINE COUNr
~ Form No. 99P (Rmsed 2001)
To: ~a..4 ,LpdjG-
Dr.
County. Indiana
M~kfV'//~ .
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PUBUSHER'S CLAIM
Ed' d~ ,;L
Display Matter (Must not exceed two actuall1nes, neither of which shall
total more than four solId lines of type in which the body of the
~dvertJsment Is set) -- number of eqiitvalent lines ........................
Head -- number of lines
Body -- number of lines
Tall -- number of lines ........................ . . . . . . . . . . . . . . . . . . . . . .
Total number of lines in notiCe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
COMPUTATION OF CHARGES
~<"~ a~:i'~ 31 ce=~lin':~~ ~~~~. ~~. .~~~~~t.~~. . . . . . . . . . . . . ; ..$ I ~ i 9 f
Additional charge for notices containing rule or tabular work
(50 percent of above amount) .....................................
Charge for extra proofs of publIcation ($1.00 for each proof
In excess of two) . '.' .. .. . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOTAL AMOUNr OF CLAIM ,. . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . ..$ I J. '9 t:.(
DATA FOR COMPUTING COST
Width of single column 71
Number of insertions I
Size of type {, , point
ems
Pursuant to the provisions and penalties of Chapter 155. Acts 1953.
I hereby certtlY that the foregoing account Is just and correct, that the amount claimed Is
\egBlly due. after allowing all Jual -. and that no port of the ~a::;;~
/ 1_ / Title: Publishers
DateQPVehtMr _, 20gL
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NOTICII TO TAliPAYER8
CARMEL INDWIA
OP PUBUCHQRJNlI ON
0IlIIINANCIl AMeNDMENTS
TO~ NEW
PROVIBIONS AND IIAJCI!
CERTAIN COUec11Ye.
. AIIIflIlllENT8
IN~=:'~..
NlltIaolIllIWeby eM!! \0 1h8
llIlcpayerII or \he C1Iy or CarnIe!,
~. Ii1danI, Ihat
\he . oIIIolInI at.1he
CIty of . wIIllllll8l at Ih8Ir
I8Iiular rneeIIng PI-. CllnneI
0fIy Hell. One CIvIo ~,
CoUncIl ChIlnlb8n. at 7:Oil """
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to 00IlIldet 811 Orlll_
. Am8ncIment to Oovem lh8
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OlnlIanol.Modll Home u-; to
E8lIIlIlIliSlgn R8QIdaIlDna fill'
_ Hame Iind TemDM8IY
PUBUSHER'S AFFIDAVIT
state of Indiana
88:
BamlltoD. Count;y
Personally appeared before me. a notaxy publtc 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 daJly newspaper of general cIrculation print-
ed and publIshed In the English language In the town of Flshen In state and
county aforesaid, and that the printed matter attached hereto Is a true copy,
which was duly publlshed In said paper for I tlme_. the date of pub-
lication being as follows:
",fA IIl!m.a,.. / i ~ ~ /
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 CarmeVClay Plan Commission
Secretary had certified the Plan Commission's Favorable recommendation on August 30, 2001,
Ordinance No. Z-36~1 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.
Sincerely,
<J2oL
Director
Department of Community Services
Cc: file 76-01b OA
Page 1
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2417