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CARMEL/CLAY PLAN COMMISSION
SUDIVISION COMMITTEE
DEPARTMENT REPORT
August 7, 2001
2. Docket No. 76-01 OA; Amendments to the Carmel/Clay Zoning Ordinance
The petitioner seeks to add new provisions to and make several corrective amendments to
the Zoning Ordinance.
Filed by the Department of Community Services.
The Plan Commission discussed the complete proposed ordinance at the last meeting and
forwarded all but four portions ofthe ordinance to the City Council with a favorable
recommendation.
Please find enclosed a copy of the Ordinance forwarded to the City Council for consideration.
The three points that were sent to committee include the following as well as an additional item
the Board of zoning appeals wanted considered:
1. Model Homes:
Add a new section 25.16 to read as follows: "25.16. Model Homes.
25.16.1. Model homes, which may include temporary sales offices, may be permitted in
all residential districts but only as a temporary use, subject to approval by the Director
based on a finding that the temporary use will not detrimentally affect the health, welfare,
safety, or morals of the neighborhood under consideration for such temporary use. The
duration of a model home permit shall be fixed by the Director, for a term not to exceed
eighteen (18) months. However, upon request, the Director may extend such a permit for
increments of six (6) months, so long as the temporary use in the aggregate does not
continue for more than thirty-six (36) months.
25.16.2. The Director shall ensure, before issuing a model home permit, that adequate
access and off-street parking facilities will be provided, that public address systems will
not be used, that flood lights and other lighting on the subject premises will be directed
only upon those premises, and that a certificate of occupancy will be issued before the
temporary use commences. A temporary use authorized under this Section is also subject
to all other regulations ofthe applicable district."
Committee Report 2001-08-7 .rtf
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2. Residential Building Height and Setback:
In Sections 5.4.1, 6.4.1, 7.4.1, 8.4.1, and 9.4.1, substitute "thirty-five (35) feet" for ''twenty-
five (25) feet". Repeal Section 26.1.1, which relates to increasing the maximum height
permitted for structures in the S-I, S-2, R-l, R-2, and R-3 residence districts.
3. Definition of Vehicle Sign and Prohibition of for sale:
In Section 25.7.01-2 [Definitions], the definition of the term "VEHICLE SIGN", add the
following sentence to the end ofthe definition: "A sign in or on a vehicle which advertises
that vehicle for sale, lease or rental shall not be considered a vehicle sign."
In Section 25.7.01-4 [Prohibited Signs], amend subdivision (1) to read 'Signs which advertise
goods, products, services or facilities or direct persons to a different location (or to a
telephone number at a different location) from where the sign is installed. (Off-premise signs
require a variance from the Board.)"
4. Additional Item Regarding Residential Amenity Area Pools
In addition the Board of Zoning appeals has asked that the size of swimming pools proposed
for residential amenity areas be reviewed. The Board is looking for a minimum size of 2250
(30' x 75') square feet in area. This may eliminate the concern raised regarding the need for
an on duty lifeguard. The state of Indiana requires a lifeguard at pools of a size of 2000
square fee and greater.
The Department Recommends that these items be forwarded back to the full Plan
Commission with a favorable recommendation. These would then be sent on to the City
Council for consideration under a separate ordinance than the original set of changes (see
attached copy of the Ordinance that the City Council will be acting on) forwarded by the
Plan Commission at the July 17th meeting.
Committee Report 2001-08-7.rtf