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Sponsor: Councilor Wilson
ORDINANCE NO. Z-365-01
AS AMENDED
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 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 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 ofbusin.ess 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 confonns 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 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;
Page 10116
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NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section L The Carmel Clay Zoning Ordinance. No. Z-289. as amended, is amended as
provided below (references herein to Section numben 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 of Indiana, as defined in I.C. 36-7-4-
101."
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, the defInition of the term "JURISDICTION OF THE COMMISSION
AND THE BOARD", delete the word "contiguous".
E. Relocate all the definitions contained in Section 200.3 to Section 3.7 of the Zoning
Ordinance. Revise Section 200.3 to read, "Definitions. The definitions contained in
Chapter 3 of the Zoning Ordinance shall be applicable to this Chapter 200."
F. In Section 4.1, add "P-l Park and Recreation District", "C-I City Center District", "C-2
Old Town District", and "OM Old Meridian Districf' to the list of Primary Zoning
Districts.
G. 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."
H. 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".
I. 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".
J. 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."
Page 2 of IS
K. In Section 20B.2, add "Sexually oriented business" to the list of Special Uses for the M-1
Manufacturing district.
L. In Section 20B.2.1, add the following line to the table: "Sexually oriented business... 3",
M. In Section 20B.2.2, add the following line to the table: "Sexually oriented business.,.
The requirements listed in Sections 20BA.2, 20B.4.3, and 20B.7 shall be increased by
fIfty percent (50%)".
N. In Sections 20B.7.2, 20C.7.2, and 20D.7.2, substitute "dbh" for "caI. in size (measured at
forty inches (40")" and delete ")" after the word "center".
O. Insert a new Chapter 20H to read as follows:
"20H.O
P-l PARK AND RECREATION DISTRICT
20H.l Pumose 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
Country club
Golf course
Historic site
Museum
Park or recreational development or facility
Page 30115
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Private club or lodge
Religious or charitable institution
Tennis or racquetball facility
20H.3 Snecial Uses:
Artificial lake or pond (not part of a plat)
Power transmission line, in excess of 129 KV A
20H.4 Special Excentions:
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 (l0) 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."
P. 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."
Q. In Section 23A.0.l, substitute "I.C. 36-7-4-1400" for "I.e. 36-1-1".
R. 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."
S. 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
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is required for the entire tract to be developed."
T. In Sections 23B.IO.2.B.(5)(c), 23B.I0.2.F, and 23B.16.3.B, substitute "Section 26.4" for
"Appendix A".
U. Add anew Section 25.2.10 to read as follows: ''25.2.10. Swimming Pools. In districts
where a private swimming pool is pennitted 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."
V. Add anew Section 25.7.02-7 to read as follows: "25.7.02-7. Special Use and Use
Variance Signs.
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: Minimum oHive (5) feet from existing right-of-way or proposed
right-of-way per the Carmel Clay Thoroughfare Plan, whichever is greater, and sbal1
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: Pennitted.
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 pennanent signs requiring a permit that are
established in the R-5/Residence District require ADLS approval from the Plan
Commission.
Page 5 of 15
k) SIGN PERMIT: Required.
1) FEES: Required."
W. Amend Section 25.7.06 to read as follows:
"25.7.06
Non-Confonning Signs.
(a) After the enactment of this amendatory Ordinance, the Administrator
shall make a survey every sae.oo twelve (12) 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 J8&liafY 1, BBEl July 1; of every year and sball 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-confonnity
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-confonning 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 BseF 8F alrBeF Administrator 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. RegistraHaB f8FIBS shall 13",
ayailaIJle fFalR tlle }.dmiBistFHaF Rd must he eampleieEll3y the user aF
"WReF (aF ageBt) aRd filed wi1k tBe AdmiB.istf'8taF l3ef8Fe 1&ln181')' 1,2002. A
false stat-emeBt aB the farm lat9wiRgly giveR l3y tlle registFaRt eSRstHateB a
waivsF af aay rip" gFaRted ta ths Baer aF aWBeF 819 ia the eaBtiBuaBee aftlle
BaR saBfeFmHlg siga, aBd sask siga skalll3e rsm9Ved SF altered fa eeBferm
wHhiB taiRy (~C>> days afteF demHEl that suelllle ElaBe ill wridBg by tile
......ElmiH.istrMaF, regardless aftke eWBsFShip aF tile Elate afillstallatioB afsllell
sigIn
(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
Page 6 of IS
may be continued without further registration:. lnd 8Bly aeeaFdiBg fa tile
fallewiBg selleahdel -
(1) A legal BeB e8RfeFBlmg sigB. that was ereetetlar _stalled hefere
M:ar 1~, 19'13, shaD he }'emond 81" altered te B8merm l3efere
JaRuary 1, 200'.
(2) }. legal B8B e8Bf8rmiBg sigs that was ereeted or iBstalled after
:Mar 22, 197~, aBEI herere Nevemhu i, 1981, sllaH he Rm8ved 81'
altered fa eOBf8FBl herere laBuBry 1, ]007.
(~) ..4.. legal BaB eaBrermiBg sigB. that was ereeted ar iBstalled afteF
Nsvemher~, 1981, aad herers ABgBst 1, 1995, shall he FeBl9'Ved er
altered fe eesrerlB hereFe JaBBary 1, 2008.
(4) ..\ legal R8R e8Bfa1"miRg sigH that was eAeted ar isstalled after
.ABg:a.st " 1995, &Bd lJerere Ju." 1, 2001, shall he reBuwed. sr
altered to easfsrmlJefepe Jaslla~' 1,2009.
(e) If the Administrator determines that a non-conforming sign
existing on July 1, 2001, is Bet dB'" ngistered HdeF tllis SeetieR herere :was
not le2allv erected or installed. the user or owner shall have until January 1,
~2003. to aDDeal the Administrator's determination to the Board or to
obtain a variance from the Board allowin2 the si~ to be continued. After
January 1. 2003. if the Board has not reversed the Administrator's
determination or 2ranted a variance allowinf1 the sip to be continued. it
shall thereafter be deemed an illegal sign and shall be immediately brought
into conformance with this Ordinance or shall be removed.
(f) WlIeFe a vaFiaRee is graBted lJy the Beard f8F a B8R eeRf8rmiBg
sigB after JBIy 1, 2001, tile liseI' 81' el'l"8er shall &BRBall~' register saeh si~ as
a legal B8S eeMermiBg SigB, speeifyiBg 8R the registl'atisB ferm tile date ef
the eFeeBeR 81' iDstallaoeR sf SliM sigs. aRd tlte dates 9B wIdell tlte Beard
gRated a variaBee aR'd a sigB. permit was iBs1led. SaM sigB. ma,' he e8RtiR.Bed
se leDt; as the registFllo8D is reBewed ss eF lJefel'e Deeemher:n 8f laeh :rear
aBd the sigH d8es set ethlnvise 18se its legal BeB eeBfermiRg desigBati8R.
~ 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;
Page 7 of 15
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(3) the complete sign and sign structure are replaced; or
~ the sign pennit or variance under which the sign was allowed or
permitted expifesrep
(S) the aser or O"'Ber of ~e sigs fails f9 FeBSW tae Fegistf'aROB sf the
sigR wlllm FellaH-ell lJy SJlba.eetis" (f) Neve.
(k)(g) On the happening of anyone 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.
~ 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. n
X. 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. n
Y. Add a new Section 25.15 to read as follows: "25.15. Sexually Oriented Businesses.
25.15.1. Develooment 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 pmpose 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;
. Page 8 of 15
(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
Cd) 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
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:
(I) 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 oftbis 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
Page 9 0/15
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."
Z. Add a new section 25.16to 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."
AA. 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 101lparcel 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 ofa quality and state of health to achieve buffering, and
Page 100115
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(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 BUFFERYARD 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.
TABLE FOR BUFFERYARD DETERMINATION
I'h 0 ~ ~~ z 0 !:t~ -:I: ~o ':a~ -> :z:-~
Z C o~ I ." .)Ii E5~ ~o ~~ J~ s!l
G) 'tI ." -;0 ~~ im~
In ~ ~ Zm ~~
~ ~ O::c 0- 1l'~i
~ :a io ~ ..> ;,c)!
-IC 0 C/)O( I'hr-
0 ~ l -I
~ ~ ~J; ;0 III m)li
1: z f'
- -<
r- F 0
;0
SINGLE FAMILY B C C 0 0 0 0 0 C D 0 D
DUPLEX C A C B B C C 0 B 0 D D
MUL TI.FAMIL Y C C B B B C C 0 C D 0 D
ACTIVE RECREATION 0 B B A C C C C B D D D
INSTITUTIONAL 0 B B C A A C C B D D D
OFFICE; RETAIL 0 C C C A A C D B D 0 D
WAREHOUSE; LT. INDUSTRY D C C C C C A B B D 0 D
HVY. INDUSTRY D D 0 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
D 15' 25' 5 5 27
*Evergreen trees may substitute in lieu of shrubbery, on a 1:3 basis (1 conifer equals three
shrubs)."
BB. In Section 27.3, revise the heading to read, "Parking Facilities".
ee. In Section 27.3.1, revise the first sentence to read, "All parking lots shall be paved with a
dustless, hard surface."
Page 11 of 15
DD. In Section 27.3.2, revise the first sentence to read, "All parking lots shall be curbed"
EE. In Section 29.3.1, after "special use" insert "and special exception".
FF. 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".
GG. 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".
lffi. In Section 30.7, substitute '~udicial review, according to the Advisory Planning Law" for
"review by certiorari".
II. 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: Oualifications. Apl'ointment and Removal. Pursuant to I.e. 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 appo41ted 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: Conies 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
Page 12 of 15
,r.
30.8.5
30.8.6
30.8.7
30.8.8
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 AlZenda. 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.
Imoosition of Conditions by Hearinl! Officer: Commitments by Property Owner:
Transfer to Board's AlZenda. Following the hearing ofa 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.e. 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 HearinlZ Officer. A decision of a Hearing Officer may
not be a basis for judicial revi~w. 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 fmdings
Page 11 oj IS
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offaet 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."
JJ. In Section 31.1.5, revise the section to read, "Any person, fll1ll, 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".
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this
Amendatory Ordinance are hereby repealed. .
Section ill: 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.
, V' PASSED by the Common Council of the City of Carmel, Indiana this .511.. day of
L 4/YlJ-rr.../J;.1u 2001, by a vote of P'f ayes and C, nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
/I · /J
/I~ ,IS. I:L
(;Presiding Officer
Page 14 of 15
(--.
AITEST:
Pres.rp:~ed by me to the Mayor of the City of Carmel, Indiana this 1i!!&ay of l If i2.'t.~
2001, at (~.11 0 .M.
I . ,
r
A~V~ by me, Mayor of the City of Cannel, Indiana, this Jf!:::. day of l.A t vi ~
2001, at .~. j2-.M. .
L ~ Y
Kames Brainard, Mayor
ATTEST:
- reasurer
Prepared by: John R. Molitor, Attorney
11711 N. Meridian St., Suite 200
Carmel, IN 46032
(317) 843-55 11
Page 15 of 15
CERTIFICATION OF CARMEUCLAY
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 Cannel
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 July 17, 2001, the CarmeVClay Plan Commission
voted 11 in favor, none opposed.
CARMEU,PLAN COMMISSION
BY: -* --P?~1I./
. yn Anderson, esi ent
DATED: July 26,2001
RECEIVED
. JUL 'i 6 ~r.ni
CATRRMEL CLERK
EASURER