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Dobosiewicz, Jon C
From:
Sent:
To:
Subject:
John R. Molitor Oohnrmolitor@prodigy.net]
Thursday, August 16, 2001 1 :17 PM
Hollibaugh, Mike P; Dobosiewicz, Jon C; Lillig, Laurence M; Hahn, Kelli A
RE: Zoning Amendments
Mike and all - Based on the tone of the Chamber's comments, I think it would
be wise to meet with them before the Council hearing on Monday night.
I would like to see them tone down some of their language complaining about
overly strict regulation. I think it is unwarranted.
At the same time, we can offer to provide some relief on paperwork and
compliance issues.
In my view,strict and fair enforcement of regulations by the City creates a
better business environment for all. And encouraging the removal of
nonconforming signs creates a level playing field for businesses that are
competing under the new rules.
John
-----Original Message-----
From: Hollibaugh, Mike P [mailto:MHollibaugh@ci.carmel.in.us]
Sent: August 16, 2001 11:15 AM
To: John Molitor (E-mail); DObosiewicz, Jon C; Lillig, Laurence M; Hahn,
Kelli A
Subject: FW: Zoning Amendments
<< File: Zoning Amendments.doc>> FYI
> -----Original Message-----
> From: info@carmelchamber.com [SMTP:info@carmelchamber.com]
> Sent: Thursday, August 16, 2001 10:09 AM
> To: mhollibaugh@ci.carmel.in.us
> Subject: Zoning Amendments
>
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Hi Mike -
You must have had a long day. I was here until 6:30 and missed you!
Attached is my draft of the chamber's concerns. If there is interest on
your part in meeting tomorrow, please let me know so that I can get the
group together.
thanks
Mo <<Zoning Amendments.doc>>
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15 August 2001
DRAFT
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 ofthe amendments makes a
complete understanding ofthe 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 0 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.
Le2al Non-Conformin2 Si2ns
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 beliefthat 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
ofthe 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 under the proposed amendments. If this has not been the actual
practice, why not, and why should businesses expect communication to be any
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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 ofthe required annual registration
and 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 ofthe 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 variance 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 maybe to bring into compliance those 10-
20 signs originally exempted, the current reading would also require those who
have received variances from the BZA, numbering perhaps over 100, to endure
more paperwork, process, and, potential reversal oftheir variance. Basically, this
amounts to taking away what's previously been granted to business owners at
considerable expense.
Additionally, when business owners or developers obtain financing or
refinancing, they will have to make an affirmative statement that they are in
compliance with all applicable zoning ordinances. The change recommended
would preclude that from being 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.
Fireworks
. The Chamber's concerns are less in support of fireworks sales, and more in
support ofbusiness'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.
. 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
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fireworks stores. The prohibition of that activity essentially takes away the right
ofthose 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
its potential to compromise landowner's options upon sale of their property by
restricting the population of potential purchasers.
Prohibition of Outside Storaf!e
. 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.
. Without further definition, the assumption is that seasonal promotional items
would also not be permitted, (e.g. pumpkins at Halloween).
. 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?
Restrictions of vehicle for sale signs placements.
Our understanding ofthe amendment places enforcement ofthe ordinance in the hands of
the police, not business owners of properties including parking lots. However, on behalf
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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 promotes disrespect for the law and rampant
violation of it.
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Johnson, Sue E
From:
Sent:
To:
Cc:
Subject:
Hahn, Kelli A
Tuesday, August 07, 2001 4:56 PM
Dobosiewicz, Jon C
Johnson, Sue E
Public Hearing
Here is the docket information for the Comp Plan Amendments. Sorry for the formatting, I am sure it isn't exactly what
you want.
Docket Number 95-01 CPA
Amendments to Comprehensive Plan, Thoroughfare Plan Map, and Alternative Transportation Plan
The petitioner seeks to amend the Comprehensive Plan, Chapter 6, Thoroughfare Plan Recommendations related
to the U.S. 31 improvement project. The petitioner also seeks to adopt a new Thoroughfare Plan Map and
Alternative Transportation Plan Map.
Filed by the Department of Community Services.
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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 finds 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 finds 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 of Indiana as well as the 2020 Vision
Comprehensive Plan, such plan having been duly approved by resolution ofthe 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
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NOW, THEREFORE, BE IT ORDAINED by the Common Council ofthe 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.e. 36-7-4, as amended from time to time". In Section 3.7, insert a new definition ofthe
term "ADVISORY PLANNING LAW" to read as follows: "ADVISORY PLANNING
LAW. The Advisory Planning Law ofthe State of Indiana, as defined in I.C. 36-7-4-
10 1."
B. In Section 3.7, delete the definition ofthe 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. 22-11-14-1) are to be sold. For
purposes of this Zoning Ordinance, a fireworks store shall be treated as ifit 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 COMMISSION
AND THE BOARD", delete the word "contiguous".
F. Relocate all the definitions contained in Section 20G.3 to Section 3.7 ofthe Zoning
Ordinance. Revise Section 20G.3 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-1 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 ofthe site acreage that is devoted to open space."
Page 1 of 16
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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 ofthe 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.l 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
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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 8Decial Uses:
Artificial lake or pond (not part of a plat)
Power transmission line, in excess of 129 KV A
20HA 8Decial ExceDtions:
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 Reauirements:
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."
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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.l, substitute "I.C. 36-7-4-1400" for "I.C. 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 ofthe 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.1O.2.B.(5)(c), 23B.1O.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."
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Z. Add anew Section 25.7.02-7 to read as follows: "25.7.02-7. Special Use and Use
Variance Shms.
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 ofthree (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."
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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 proofthat 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.
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(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.
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(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."
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
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remove from the site all associated facilities. The commitment
must require that such removal be completed within sixty (60) days
ofthe 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 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 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 ofthis 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
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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 finding that the temporary use will not detrimentally affect the health, welfare,
safety, or morals ofthe 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) ~onths. 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
BUFFERY ARD DETERMINATION to identify the land use category ofthe proposed
project use. (b) Use the TABLE FOR BUFFERY ARD DETERMINATION to identify
the land use(s) ofthe 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
thereot) of the subject parcel by referring to the TABLE FOR BUFFERY ARD
DETERMINATION.
Page 11 of 16
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TABLE FOR BUFFERY ARD DETERMINATION
en C 3i: ::U)> Z 0 ~~ -:E: eno -"'0 -)> :E:-m
Z c: c: mo en ." ~~ -10 "'0)> "'O::u _Z)(
G') "'0 r- 0-1 -I ." -::u ::Ur- ~. ::u :I. -I G')-I"'O
r- r- -I ::u- ~ (') Zm ~~ mr- ~~ 3m :E:m::u
~ ,.. ~~ c:E: mm .::u :e::Um
m ." c: ~ -10 0- ):Ii en en
." )> -I C:O ~ -I ...)> -<>en
)> -I (5 ::u enc: f-< enr-
3i: 3i: (5 m -I en 0 11l ~~
~ Z Z > ~~ ::u .e .e
~ )> -<
r- ;= 0
::u
SINGLE FAMILY B C C 0 0 0 0 0 C 0 0 0
DUPLEX C A C B B C C 0 B 0 0 0
MULTI-FAMILY C C B B B C C 0 C 0 0 0
ACTIVE RECREATION 0 B B A C C C C B 0 0 0
INSTITUTIONAL 0 B B C A A C C B 0 0 0
OFFICE; RETAIL 0 C C C A A C 0 B 0 0 0
WAREHOUSE; LT. INDUSTRY 0 C C C C C A B B 0 0 0
HVY. INDUSTRY 0 0 0 C C 0 B B B 0 0 0
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)."
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."
HH. In Section 27.3.2, revise the first 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
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KK. In Section 30.0, substitute "the Advisory Planning Law" for "Sections 66-69, inclusive,
of Chapter 174 ofthe Acts of 1947 ofthe 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. Aooointment and Removal. Pursuant to I.C. 36-
7-4-923, the Commission hereby establishes the position of Hearing Officer. A
Hearing Officer must be a member ofthe 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 ofthe 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 of I.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: 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 would
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 ifin 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 ifin the opinion of the Director:
Page 13 of16
30.8.6
30.8.7
30.8.8
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(1) the approval ofthe 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 bv Hearing Officer: Commitments by 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 Rules of Procedure ofthe Board. Ifthe
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 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."
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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 ofthis
Amendatory Ordinance are hereby repealed.
Section III: This Amendatory Ordinance shall be filed in the Office ofthe Clerk-Treasurer upon
its passage pursuant to LC. 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 Battreall
Luci Snyder
Ronald E. Carter
Wayne Wilson
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Page 15 of 16
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Presented by me to the Mayor of the City of Carmel, Indiana this _ day of
2001, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _ day of
2001, at .M.
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by:
John R. Molitor, Attorney
11711 N. Meridian St., Suite 200
Carmel, IN 46032
(317) 843-5511
James Brainard, Mayor
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