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HomeMy WebLinkAboutCorrespondence <:::- ~ "l~ ~~~ ~~ ~ ~ .. c8: CARMEL CLAY CHAMBER OF COMMERCE -= 15 August 2001 8 Chamber Comments on Proposed Amendments to the Zoning Ordinance Overview Chamber members, typically, are suspicious of increased government involvement and restrictions on their activities. In general, the Chamber is concerned that several of the amendments proposed install further unnecessary controls over private business. Some will affect current businesses practices, create additional and unnecessary constraints, and compromise opportunities for businesses to operate in an open marketplace. The lack of specificity contained in the language of several of the amendments makes a complete understanding of the intent difficult for businesses and, presumably, for those charged with enforcement. This can then result in enforcement with unintended consequences, a perception of discriminatory application, charges of favoritism and some doubts regarding the validity of the stated purpose of the amendments. Providing a positive climate for businesses to thrive in Carmel is clearly a mission the city and the Chamber share. Encumbering businesses with additional and possibly expensive restrictions increases the potential for those businesses to make other choices regarding where their tax dollars go. Timely communication of proposed changes that allows discussion and input from the business community must be a priority if we desire to achieve our mutual goals. The following issues are raised by the Chamber in opposition to the enactment of several of the proposed amendments. Leeal Non-Conformine Siens The Chamber was a proponent of the sign ordinance when it was passed in 1995. At that time, businesses with existing signs were allowed exemptions without specified expiration dates. It is the Chamber's belief that the sign ordinance has generally served the . stakeholders in the community well, especially when compared to the ordinance it replaced. Concerns regarding amendments to the current ordinance are as follows: . The current ordinance includes wording to the effect that the Administrator will make a survey every six months and use all reasonable efforts to notify the owner of the property on which the sign is located of its status as to uniformity and legality. If so, then property owners with non-conforming signs have been kept aware of their status on a regular basis. Design, construction, installation and maintenance of business signage represent a substantial business investment. Appropriate communication with businesses is essential to ensure that those with legal non- conforming signs are aware of that designation and its implications, especially P.O. Box 1 · CARMEL, INDlANA 46032 · (317) 846-1049 FAX (317) 844-6843 0 WWW.CARMELCHAM8ER.COM .. ., . [ .-.. -:J ~" ~ under the proposed amendments. If this has not been the actual practice, why not, and why should businesses expect communication to be any different under the proposed amendments? This is particularly important under the proposal because of the portions requiring an annual filing and eventual removal of non-conforming legal signs. ~on the surface, if would appear that the intent of the required annual registration d concomitant deadlines is to "catch" owners of non-conforming signs and provide a means to hasten their removal. It would be helpful if the survey being contemplated occurred prior to the enactment of the ordinance rather than after it. This should not be a problem, since the Department is supposed to be doing the equivalent under the existing ordinance anyway. . We appreciate the efforts to clarify section 25.7.02-7 of the sign ordinance. However, given that the ordinance must be interpreted not only by city employees but by businesses, the proposed reading remains difficult to understand and still necessitates multiple variances in many cases. Perhaps a bolder, but more creative change would be to eliminate section 25.7.02-7 and instead clarify definitions of single and multi-tenant facilities. . Although the intent of the amendment may be to bring into compliance those 10- 20 signs originally exempted, the current reading would also require those who I have received variances from the BZA, numbering perhaps over 100, to endure q, more paperwork, process, and, potential reversal of their variance. Basically, this ?:' ajf3. amounts to taking away what's previously been granted to business owners at '- ~ considerable expense. l:i Additionally, when business owners or developers obtain financing or refinancing, ~heY will have to make an affirmative statement that they are in compliance with all applicable zoning ordinances. The change recommended would preclude that from ing true in myriad cases, creating considerable consternation from businesses, an extremely unfriendly business environment, and innocent breaches of these covenants. For businesses who have invested considerable dollars in legal representation to obtain a variance, this amendment will create considerable difficulties. ~. ~" ~\J Fireworks . The Chamber's concerns are less in support offireworks sales, and more in support of business's rights to lease potentially available space to another legal business. High traffic and visibility are typical requirements for fireworks sales; industrial or manufacturing areas would hold little or no appeal for such businesses. Consequently, under the proposed amendment, no fireworks stores would exist in Carmel, which, apparently, is the point of the ordinance. __ I ~ ~ . Apparently, there is a market in Carmel for fireworks or businesses would not choose to sell them. Shopping center owners with space available can gain additional income with little expense by leasing to short-term businesses such as fireworks stores. The prohibition of that activity essentially takes away the right of those businesses to lease space to a legal retailer selling a legal product. Ordinances enacted that preclude landowners from making market-driven choices to lease space to other legal entities have potentially broader, negative ramifications for business. . Under the proposed wording, it doesn't appear that existing businesses in the affected areas wishing to sell fireworks as a side line (e.g., grocery stores, drug stores, convenience stores, etc.) would be allowed to sell these items either. P-l Park and Recreation District . We understand that the purpose of this amendment is to ensure that land in Carmel remains available for recreational and cultural opportunities. A concern is . ~D~~ its potential to compromise landowner's options upon sale of their property by 7 restricting the population of potential purchasers. Prohibition of Outside Storaee . This amendment potentially creates the most difficulty - practically and financially - for businesses whose facilities would not allow the inclusion of items currently stored outside. . A more complete definition of what constitutes "outside storage" is necessary. For example, are items outside a main facility and under a cover, complete or otherwise, "outside?" Are vending machines "storage"? Newspaper vending boxes? Propane tanks? . Rock salt, potting soil and mulch are dirty and heavy. From a practical standpoint, maintaining a clean store with interior storage of those items would be difficult, as would the addition of moving sold items throughout the store on carts, rather than from an outside area the trunk of a customer. From an economic standpoint, softener salt is typically delivered in truckload quantities due to turnover and economies of scale. Quantity purchase ensures competitive pricing, and the removal of the ability to store quantities outside would affect that. . Without further definition, the assumption is that seasonal promotional items would also not be permitted, (e.g. pumpkins at Halloween, Christmas trees at the holidays). . How does timing affect the amendment; how long must items be "outside" before they become prohibited? Are summertime grills selling hot dogs during portions of the day affected? The Farmers' Market? ---~----______I L/ Restrictions of vehicle for sale signs placements. Our understanding of the amendment places enforcement of the ordinance in the hands of the police, not business owners of properties including parking lots. However, on behalf of business people with multiple security concerns, we would choose not to have police officers caught up with this type of extremely minor enforcement. Is this an area where we really need and want to deploy officers already potentially stretched thin? Additionally, there are obvious questions regarding the possibility and evenness of enforcement. The passage of such laws can promote not only disrespect for the law, but considerable, intentional violation of them. ~. --------- I . -.- . 0&-0_ ---:. I 7l) 4lI.1cft.- I --I i ,I ___I C>~ ~ ~~ ~ ~? ~~_. Ca___ ~'- I -~-.-.. I ) ~ - ~ . . - j J ,-".- ..- ------- - - I ---- .>- I~~ t>~~ .. - L , GfS"" ~ ~ t:t::) - J,.J~tt..y OF .n~ ~ lq S 6~ ao~,-'" ~ 11' C) "2.... J ----= ..... -- - ._--_.~- ~~~ --...- -'5.N~ 0f0'E~"""4 - I -------- I -- - " .- -~.~_...,-- --- _._--~--- -. ","" --..-~"-... --j -=-------~- . ] ~--. II -----1 Ii .--.."..- ~ II i .. .- \ H ' - - . f."I>'.'~ I'..... ~~'~ Molitor" Grishani& Hester" P.A. ,~r"d( V \ \ \ I \ .0<1., ... Attorneys Not In Partnership John R. Molitor Debra M. Grisham. Judy G. Hester. *Also licensed in Illinois MEMORANDUM To: Members, Carmel Common Council From: John R. Molitor Date: August 1, 2001 Re: Ordinance No. Z-36S-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 AA). . 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@aol.com o o -" "" Ordinance No. Z-365-01- Amendments to the Carmel Clay Zoning Ordinance: Table of Affected Sections Paraaraph 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, 20D.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 Description 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 ~h o Paraaraoh Affected Sections L. 20B.2 M. 20B.2.1 N. 20B.2.2 O. 20B.7.2,20C.7.2, 20D.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, 23B16.3.8 V. 25.2.10 W. 25.5 X. 25.5.3 Y. 25.7.01-2 Q Paae Descriotion 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 ADLS 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 o o ,~ Paraaraph Affected Sections Paae 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 sign age to obtain variance approval from the BZA even when the underlying use has been approved. AA. 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 o o Paraqraoh 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 8ZA's jurisdiction. The hearing officer will be required to be a member of the 8ZA, and the officer's decisions will be reviewable by the full BZA. NN. 31.1.5 14 Clarifies the location ofthe 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 50f5 o o CERTIFICATION OFCARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON ORDINANCE TO ADD NEW PROVISIONS TOTBECARMELCLAYZONINGORDINANCE 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 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 Carmel/Clay Plan Commission voted 11 in favor, none opposed, CARMEl1C~PLAN COMMISSION BY: -JJfu tl~r// 'lyn Anderson, P esi ent DATED: July 26, 2001 RECEIVED JUL '} 6 ?n1l! CARMEL CLERK TREASURER o Q 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 fmds 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 o o -' 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- 101." B. In Section 3.7, delete the defmition 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 of the 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-n-14-1) are to be sold. For purposes of this 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 COJv.1MISSION 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 20GJ 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-1 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 u o 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". J. 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-l 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 o o 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 o o , . 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 "I.e. 36-7-4-1400" for "I.e. 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 o o Z. Add a new Section 25.7.02-7 to read as follows: "25.7.02-7. Special Use and Use Variance Sims. 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 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 u o ... .. 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. 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 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 o o " (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 u o (h) 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. (i) Nothing in this Ordinance shall relieve the owner ot 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." BB. 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 o o 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 subj ect 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 '0 . o u . , 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 fmding 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 BUFFERYARD DETERMINATION to identify the land use category of the proposed project use. (b) Use the TABLE FORBUFFERYARD 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 of16 o o i .. rJl 0 s: ;:0)> Z 0 !:j~ -:c rJlO ~"tl ~)> :c-~ Z c: c: mo " ~~ ....0 4')> "tl;xl _Z rJl .> (i)...."tl (i) "tl !:j n.... .... " -;:0 ;:Or- -. ;:0 :I. -I r- ;:0- ::j (; Zm ~~ mr- i3" 3m :cm;:o r- ~ 'i" ~~ O:c mm ~~ ';xl ~;:Om m ~ c: .ro ....0 0- >rJlrJl " .... .... ;:0 C:o ~ .... .,)> -<);!rJl )> 0 rJlc: g>-< rJlr- s: 0 m ....rJl 0 n1~ s: ~ Z );! ~.ro ;:0 .e- CD ~ Z )> .e- -< r- p 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 0 D MUL TI-FAMIL 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 B C A A C C B D D D OFFICE; RETAIL 0 C C C A A C D B D D D WAREHOUSE; LT. 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 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 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." HR. In Section 27.3.2, revise the fust sentence to read, "All parking lots shall be curbed." II. In Section 29.3.1, after "special use" insert "and special exception". JJ. 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 . . v u 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: Qualifications. Appointment and Removal. Pursuant to LC. 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 Rilles Governing Hearing: Officers. Except as provided in this Section 30.8, all procedural requirements for development standards variances imposed by the Rilles 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 ofLC. 36-7-4-920(g) regillating 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 woilld 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: Page 13 of16 30.8.6 30.8.7 30.8.8 o o .. -. (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 by Hearing Officer: Commitments bv 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 Ru1es 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 traIisferred 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 w w . . 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 In: 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 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 B attreall 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: o o John R. Molitor, Attorney 11711 N. Meridian St., Suite 200 Carmel, IN 46032 (3 17) 843-55 I I Page 16 of 16 Proposed Section 25.7.03-7 Temporary Signage for Model Homes a. SIGN CLASSIFICATION: Ground Sign. b. NUMBER & TYPE: No more than two (2) signs per lot containing a model home. c. MAXIMUM SIGN AREA: Sixty-four (64) square feet per lot containing a model home. d. MAXIMUM HEIGHT OF GROUND SIGN: Nine (9) feet. e. LOCATION: Shall not interfere with vision clearance and shall be a minimum often (10) feet from the street right-of-way to which the front of the model home is oriented, except when located on a comer lot, as for vision clearance on comer lots (see definitions in Zoning Regulations). f. DESIGN: No restrictions. COPY: No restrictions. u( rt~. ~~ U/.!!J ~r~. . ~~(~) g. h. ILLUMINATION: Not permitted. 1. LANDSCAPING: Not required. REQUIRED APPROVAL: None. J. k. SIGN PERMIT: Required. 1. FEES: Required. m. TIME: Shall run concurrently with the approval period for the lot's model home or until the model home is sold for private occupancy, whichever is earlier. 555362_2.DOC -"--T~ " '\ THE LAKES AT HAZEL DELL 126lh STREET VARIANCE OF' USE TEMPORARY MODEL HOMES / SALES OFFICES / DESIGN GALLERY ~( '\ ------.; U \7 \ I 126th STREET COI.IMON AREA ,-; , -N- I " .s PEBBLESlREAM AUTUMN '5! GAlE 0: C> 0- '" <oJ '" ~ C> -< G ~ 0: C> LEGEND: PESBLE KNOl~ WA '( Location of - -1( >- -< ,. I=! -< '" :z "" j2 ::> -< I~ :z '8 'I a: D D Model Home / Sales Office ("Information Center") i I GAROEN GATE Model Home / Sales Office ("Information Center") / Design Gallery COMMON AREA I , 1>- -< '" COMMON AREA P~BBLES TONE '5! o u '" o C> -< :J: '" ~,.. 0- ~ ~ '" d ~ C> t.lARSH ( .q,,ylitbo ~ .. ~ '" -< :z: o "" "" o u ~ KENDERL Y COURT SUMMER BROOK COURT >- '" '" ~ ::> C> ~ SHADOW CD~ WAY J: \1442\002\DWGS\EXHIBl15.DWG 08/08/00 " 1" .jj -~~ SIGN H & I (SIGNS ARE IDENTICAL) I. · , ~ ~ R 1t! ~, a I ~ I I I ~' , r ,y Ie i ~ -; ! -; i[ . SIGN J . ~. -.".--.__ _____"__._____._0__._..__, '.._.._."_