HomeMy WebLinkAboutCorrespondence (2)
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Molitor.. Grisham & Hester.. P.A.
t
Attorneys Not In Partnership
John R. MoUtor
Debra M. Grisham.
Judy G. Hester.
-Also licensed in Rlino;.,
FAX MEMORANDUM
TO: Mike Hollibaugh
FROM:
John R. Molitor
9f24^
DATE:
October 11,2001
RE: Suggested Revisions for Patch Ordinance
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. Revise proposed new Section 25.5.3, regulating "Outside Storage", as follows:
"25.5.3. Outside storage is not pennitted in the Business, IadY5&ialllft8 MaawaetYriRg
districts, except when loading or unloading is in progress. This prohibition does not apply to the
display of a1:ltelBehiles, tAlelEs, heats, reerealieR8l vekieles, af lBehile RalMs goods. merchandise
or vehicles for sale or lease, except that they may not be displayed within ten (10) feet of any
public right-of-way or within desi211ated pedestrian or customer parkine areas."
. Revise the defmition of a "Vehicle Sign" as follows: e,
"VEHICLE SIGN A sign on a vehicle of any kind, provided the sign is painted or attached
directly to the body of the original vehicle and does not project or extend beyond two (2) inches
from the original manufactured body proper of the vehicle. The vehicle to which the sign is
attached shall be in proper working order and shall bear a current license plate and shall not be
permanently parked on a public street or street right-of-way. However. anv such sign which
advertises the vehicle itself for sale. lease or rental shall not be considered a vehicle sign. and the
vehicle to which such a sign is attachedj'hall not be oarked on DubHe orooertv or a public street or
street ri2ht-of-wav for more than eieht (8) consecutive hours."
11711 North Meridian Street. Suite 200 . Carmel, IN 46032
(317) 843-5511 . Fax (317) 843-5514
johnnnolitor@prodigy.net. debragrishaml@prodigy.net. hester4586@aol.com
vISS-EvS LIE ~a+saH ~ w~4s~~e c~O+~LoW dvE:~O IO-It-+~O
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. Revise proposed Section 25.7.06t regulating "Non-Conforming Signsto, as follows:
"(a) After the enactment of this amendatOll' Ordinance. the Administrator shall make a
survey every ~ twelve (12) months of the jurisdictional area for signs that do not confonn 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 JaBlIafY 1. aa4 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-confonning 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-confonning sign or is illegal, the final detennination 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-confonning 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 IIser 8F
ewBeF 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. Repskati8B
f8rms sllall Ite M'aileltle IFe. the f~d.iBi8tFat8r aad .1I8t It. e8mplet.d It}' the IIser eF
e"'B. (er aget) aad tiled ",itll the Ad1llliRilltAK8F hefel'e cJaBBary 1, :UtOl. A false
state.eBt eB the feAR liBewiBgl:r gR'M Ily tile regHMlBt NR8HftHeS a ~'aiver sf aB)' fights
gFSRted te ille IIser er eWRer as *8 the eeBRaBaBee efthe Bea 18Bfer.ag sipl, aRd 5119
sigB s.all he H.8\>ed eF altered te eSBlel'lll ",itI1iB tIli",' (3tij daya alter de.aBd that slIell
he de Be a wrHiBg It)" the .".dBliBistFet81\ HgaNless Bf the 8~'BeRltip 8r the date ef
iR8tallatieR ef 8111h sigs.
(d) A non-conforming sign as described in Subsection (c) above which is duly
registered shall thereafter be deemed a legal non-conforming sign and may be continued
without further registration but only according to the following schedule:
(1) A legal non-conforming sign that was erected or installed before May 23, 1973,
shall be removed or altered to conform before January 1, 2006.
(2) A legal non-conforming sign that was erected or installed after May 22, 1973,
and before November 5, 1981, shall be removed or altered to conform before
January 1,2007.
(3) A legal non-conforming sign that was erected or installed after November 4,
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(e) If a non-conforming sign existing on July 1,2001, is Ret H'" Fegistered aRder
this SeltieR determined bv the Administrator not to have been lee:allv erected or installed.
and the user or owner fails. before January 1, ~ 2003. to obtain a variance from the
Board a1lowinS!: the si2ll to be continued. it shall tltereaRer he deemed a8 iUegal sigR aRd
8heII be immediately brought into conformance with this Ordinance or shall be removed.
(f) Where a variance is granted by the Board for a non-conforming sign after July 1,
2001, the aser 8r &WHer shaH aR_ally "gillteF sHeh sigH as a legal HaR eaHfermmr; sigH,
spelil}.jag aH tile registratiaR fer. the date 8fthe ereeBaB aF mlltaHaHSB ahalh lIigH Md
tlte dates 8S ,,'hilh tile BeaN gNsted a variaBee aRd a siga penRit "'88 issued such
variance shall be effective onlv for a Deriod of ten (10) vears. or such lesser periOdSs may
be determined by the Board at the time the variance is granted. Such sign may be
continued 58 lasr; as tlte registltaRaR is resewed 88 aF hef8re Deeemher 11 8f ealh year
beyond such period only if the variance is renewed and the sign does not otherwise lose its
legal non-conforming designation.
(g) A legal non-confonning 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;
~ the sign permit or variance under which the sign was allowed or pennitted expiresr
ell
(5) the user aF 8\'\lIleF 81 the sigH fails ts FIR"" the registlt&Rss sIdle sigH wheR
"'1ai"d Ity SllHeetlBlf (fJ ah&ve.
(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 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."
vlSS-EvB LIE ~a+saH ~ wV4s~~S c~O+~LoW dvE=ZO 10-11-+00
Molitor.. Grisham & Hester.. P.A.
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-365-01-Amendments to the Carmel Clay Zoning Ordinance
For your convenience, you will find on the following pages a table of the sections in the
Zoning Ordinance which are affected by this proposed Amendatory Ordinance, with a
description of each amendment and its effect.
While the Plan Commission has given you a favorable recommendation on all of these
proposed Ordinance amendments, you may want to focus on the following key
provisions in this proposal:
. Zoning of fireworks stores (Paragraph D).
. Regulation of sexually oriented businesses (Paragraphs L, M, N, and CC).
. Creation of a new Park and Recreation zoning district (Paragraph P).
. Restrictions on outside storage by businesses (Paragraph X).
. Phasing out of non-conforming signs (Paragraph AA).
. Regulation of model homes (Paragraph DD).
. 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.
~~
11711 North Meridian Street + Suite ZOO- + Cannel, IN 46032
(317) 843-5511 + Fax (317) 843-5514
johnnnolitor@prodigy.net + debragrisham l@prodigy.net + hester4586@aoI.com
Ordinance No. Z-365-01-
Amendments to the Carmel Clay Zoning Ordinance:
Table of Affected Sections
Paraaraoh Affected Sections Paae Descriotion of Amendment
A. 1.3, 4.3 2 Updates a cross-reference to a state statute; technical
amendment.
8. 3.7 2 Deletes a term no longer used in the Ordinance; technical
amendment.
C. 3.7,4.3 2 Updates references to a defined term; technical amendment.
D. 3.7 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.
E. 3.7 2 Removes the requirement that the Township jurisdiction be
contiguous; technical amendment.
F. 3.7,20G.3 2 Includes in the General Definitions section all the definitions
that apply to the Old Meridian District; technical amendment.
G. 4.1 2 Updates the master list of Primary Zoning Districts; technical
amendment.
H. 11.4.3 2 Clarifies the density standard for the R-5 district; technical
amendment.
I. 12.2, 13.2, 14.2,
15.2, 16.2, 17.2,
18.2, 19.2, 20A.2,
208.2, 20C.2,
20D.2
3
Clarifies that special uses are not automatically permitted, but
must be approved by the 8ZA; technical amendment.
J. 18.6.4, 19.0.3,
208.7.4,20C.7.4,
20D.7.4,20E.5.4,
20F.5.2,25.12.1,
25.12.2, 29.6,
29.6.8, 34.4
3
Shortens references to the Department of Community
Services; technical amendment.
K. 18.8.3,21.2.4,
24.2.4, 30.2.3,
30.5.3
3
Removes minimum notice standards from the Ordinance; this
amendment allows the Plan Commission and the 8ZA to set
their own notice standards by rule. Currently, the Rules of
Procedure of both bodies require that notices be given at least
25 days before a public hearing.
Page 2 of 5
Paraaraph Affected Sections
L. 208.2
M. 208.2.1
N. 208.2.2
O. 208.7.2,20C.7.2,
20D.7.2
P. 20H
a. 21.3
R. 23A.O.1
S. 23A.2
T. 23A.5
U. 238.10.2.8.(5)(c),
238.10.2.F,
23816.3.8
V. 25.2.10
W. 25.5
X. 25.5.3
Y. 25.7.01-2
Paae Description of Amendment
3 Allows sexually oriented businesses to be located only in
the M-1 manufacturing district, and only when approved by the
8ZA 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 8ZA 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 8ZA 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
Paraaraoh Affected Sections Paae Descriotion of Amendment
Z. 25.7.02-7 6 Creates a new set of standards for signage associated with an
approved special use or use variance. Currently, there are no
applicable standards, which requires all such signage to obtain
variance approval from the 8ZA 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
8ZA. Non-conforming signs that are not registered will be
considered illegal signs subject to immediate removal.
88. 25.14.D.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 8ZA
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.
DD. 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 8ZA 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
Paraaraph Affected Sections Paae Description of Amendment
KK. 30.0 13 Updates a cross-reference to a state statute; technical
amendment.
lL. 30.7 13 Updates a cross-reference to a state statute; technical
amendment.
MM. 30.8 13-14 Creates an alternate hearing procedure under which a
hearing officer can hear and approve minor development
standards variances within the BZA's jurisdiction. The hearing
officer will be required to be a member of the BZA, and the
officer's decisions will be reviewable by the full BZA.
NN. 31.1.5 14 Clarifies the location of the penalty provisions that apply to
violators of the Ordinance; technical amendment.
00. 34.2.A 15 Increases the fines that apply to first-, second., third-, and
fourth-time violators of the Ordinance. The fine schedule will
be as follows: first violation, $100; second violation, $200; third
violation, $300; fourth violation, $400; fifth and succeeding
violations, $500. (Each day of violation will remain a separate,
chargeable offense.)
Page 5 of 5