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HomeMy WebLinkAboutPacket to Plan Commission 03-25-04 City of Carmel CARMEL PLAN COMMISSION MEMORANDUM Date: March 25, 2004 To: Plan Commission Members From: Adrienne Keeling Department of Community Services Re: Docket No. 04010027 OA Please find the following documents attached: 1. Table of Contents: You may place this at the beginning of your Zoning Ordinances. It us up to date, but will change upon adoption of Patch IV. We hope to keep this updated as the Ordinance changes, and it will become a standard part of new ordinance distributions. 2. Development Plan and ADLS requirements per District: This is a listing of the Districts which require DP and ADLS approvals. Those Districts listed in Bold Type are additions proposed in the Patch IV Ordinance. 3. Latest draft of Zoning Ordinance Patch IV, Docket No. 04010027: In this Draft, the Chapter names are included within the Ordinance for your ease of reference. As briefly presented at the full Commission meeting, the bulk of this Ordinance is devoted to rearranging language to make the various chapters more consistent and user-friendly. You should find these materials helpful in your further review of Patch IV. If you have any questions please contact me at 571-2417. Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE u Section TABLE OF CONTENTS Page ENACTMENT - INTERPRETATION 1 Title, Purpose, Authority and Jurisdiction .................................1-1 2 Compliance with the Regu1ations...............................................2-1 3 Definitions ..... ............................................................................ 3-1 DISTIUCTREGULATIONS 4 Districts and Boundaries ............................................................ 4-1 5 S-1 Residence District................................................................ 5-1 6 S-2 Residence District................................................................ 6-1 7 R-l Residence District ...............................................................7-1 8 R-2 Residence District ............................................................... 8-1 9 R-3 Residence District ............................................................... 9-1 10 R-4 Residence District............................................................... 10-1 11 R-5 Residence District (planned District).................................. 11-1 12 B-1 Business District .................................................................12-1 13 B-2 Business District .................................................................13-1 14 B-3 Business District .................................................................14-1 15 B-4 Business District (Planned District) ....................................15-1 16 B-5 Business District .................................................................16-1 17 B-6 Business District .................................................................17-1 18 B-7 Business District .................................................................18-1 19 B-8 Business District .................................................................19-1 20A I-I Industrial District..................................................................20A-1 20B M-1 Manufacturing District.......................................................20B-l 20C M-2 Manufacturing District.......................................................20C-1 20D M-3 Manufacturing District (Planned District)..........................20D-l 20E C-1 City Center District .............................................................20E-1 20F C-2 Old Town District ...............................................................20F-1 20G OM Old Meridian District .........................................................20G-1 20H P-l Parks & Recreation..............................................................20H-1 20J AG-l Agriculture District ..........................................................20J-1 u SUPPLEMENTARY REGULATIONS AND DISTRICTS u 21 22 23A 23B 23C 23D 23E 24 25 25.07 26 27 28 Special 'Use Regulations........ .......... ................. .......................... 21-1 Flood Plain Districts ..................................................................22-1 State Highway431- Keystone Avenue Overlay Zone............... 23A-1 U.S. Highway 31 - Meridian Street Overlay Zone .....................23B-l U.S. Highway 421 - Michigan Road Corridor Overlay Zone..... 23C-1 Old Town District Overlay Zone ...............................................23D-1 Home Place District Overlay Zone ............................................23E-1 Planned District Regulations.. ............................. ............ ........... 24-1 Additional Use Regulations .......................................................25-1 Sign Ordinance .......... .............. .................. ....... ......................... 25.07-1 Additional Height, Yard and Lot Area Regulations................... 26-1 Additional Parking and Loading Regulations ............................27-1 Nonconforming Uses and Exemptions....................................... 28-1 Table of Contents i Autumn 2003 vi CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE Section Page ADMINISTRATIVE - ENFORCEMENT 29 Administration ............ .................... ......... ............... ................... 29~ 1 30 Board of Zoning Appeals...........................................................30-1 31 General Provisions ..................................................................... 31-1 32 Manufactured Homes ................................................................. 32-1 33 Residential Open Space (REPEALED) ....................................33-1 34 Zoning Violations ...................................................................... 34-1 APPENDICES A Schedule of Uses Table of Contents ii Autumn 2003 vI o o o Development Plan and ADLS Bold type=proposed in Patch IV Development Plan (DP) o Public hearing required for all Development Plan applications o Required in the following areas: . R-5/Residence District (currently per ZO 24.0, proposed ZO 11.00.02) . B-3/Business District (ZO 14.00.02) . B 4IBasioess Distriet (ZO 24.0) . B-S/Business District (ZO 16.00.02) . B-6/Business District (ZO 17.00.02) . B-7/Business District (ZO 18.00.02) . B-8/Business District (ZO 19.00.02) . I-l/Industrial District (ZO 20AOO.02) . M-l/Manufacturing District (ZO 20B.00.02) . M-3/Manufacturing Park District (currently per ZO 24.0, proposed ZO 20D.00.02) . C-lICity Center District (ZO 20E.00.03) . C-2/0ld Town District (ZO 20F.00.03) . OM/Old Meridian District (20G.00.02) . U.S. 31 Corridor Overlay (ZO 23B.02(A), proposed 23B.00.02) . U.S. 421 - Michigan Road Corridor Overlay (ZO 23C.02, proposed 23C.00.02) . Home Place District Overlay Zone (ZO 23E.02(A)); applies only to Home Place Business District and West Home Place Commercial Corridor. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS) o Public hearing required only when submitted with a Development Plan o Required in the following areas: . R-S/Residence District (ZO 11.00.02) . B-l/Business District (ZO 12.00.02) . B-2/Business District (ZO 13.00.02) . B-3/Business District (ZO 14.00.02) . B 4IBasiBess Distriet (ZO 24.0) . B-5/Business District (ZO 16.00.02) . B-6/Business District (ZO 17.00.02) . B-7/Business District (ZO 18.00.02) . B-8/Business District (ZO 19.00.02) . I-lIIndustrial District (ZO 20AOO.02) . M-l/Manufacturing District (ZO 20B.00.02) . M-3/Manufacturing Park District (ZO 20D.00.02) . C-lICity Center District (ZO 20E.00.03) . C-2/0ld Town District (ZO 20F.00.03) . OM/Old Meridian District (20G.07.01, proposed 20G.00.02) . U.S. 431 - Keystone Avenue Corridor Overlay (ZO 23A05, proposed 23A.00.02) . U.S. 31 Corridor Overlay (ZO 23B.09, proposed 23B.00.02) . U.S. 421- Michigan Road Corridor Overlay (ZO 23C.02(C)) . Home Place District Overlay Zone (ZO 23E.02(B)); applies only to Home Place Business District and West Home Place Commercial Corridor. S:\Land Use Regulations\Zoning Ordinance\Exhibits\Development Plan and ADLS.doc 3/25/2004 v Ii 'i Sponsor: Councilor Mark Ratterman ORDINANCE NO. Z-4##-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS,.... WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the zoning ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the Carmel Zoning Ordinance is incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 150-02b Z having received a favorable/negative/no recommendation from the Carmel Advisory Plan Commission on Tuesday, MONTH DAY, 2004, it hereby adopts this Ordinance to amend the Cannel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Section I: CHAPTER 1: TITLE, PURPOSE, AUTHORITY & JURISDICTION a. Amend Section 1.01: Title, to read: 1.01 Title. This ordinance shall be referred to, and cited as, the Zoning Ordinance, Ordinance No. ~ 'Zr 289, as amended, of the City of Carmel aBEl Clay TeWBShip, Hamilton County, Indiana. b. Amend Section 1.02: Purpose and Intent to read: 1.02 Purpose and Intent. The Zoning Ordinance is an ordinance for the development, through zoning, of the territory within the Jurisdiction of the CllFBlel City PlaB Commission. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience and general welfare. The Commission has given consideration to the future probable use of land in the territory affected by this ordinance, DRAFT Ordinance No. Z-4##-{)4 DRAFf 1 .. and has prepared a Comprehensive Plan showing the future development of this area which has served as a guide in the preparation of this ordinance. '" c. Amend Section 1.04: Jurisdiction to read: 1.04 Jurisdiction. WHEREAS, the Town Plan Commission of the Town of Carmel, Indiana, under the date of January 28, 1960, considered a petition requesting joinder, forwarded by the Clay Township Trustee and the Clay Township Advisory Board, and being favorable to the petition, the Town Plan Commission recommended joinder to the Town of Carmel, and the Town Board of Trustees subsequently passed a resolution setting forth the tenus of the joinder, one copy of which was filed with the County Recorder of Hamilton County, Indiana, all in accordance with Chapter 46, Acts of 1959, General Assembly, State of Indiana. Further, said joinder is transferred to the City of Carmel, established January 1, 1976, and WHEREAS, the executive committee of the City Plan Commission of the City of Carmel, Indiana, having been duly authorized and acting in the name of said Commission on December 19, 2003, authorized the filing, with the County Recorder of Hamilton County, Indiana, of a description or map defining the limits of the area under its jurisdiction, which description or map included both the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which description or map was filed with the County Recorder on December 31, 2003, aU in accordance with Indiana Code Section 36-7-4-205; NOW, Therefore, the area of jurisdiction shall be the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana. CHAPTER 2: COMPLIANCE WITH THE REGULATIONS d. Amend Section 2.01: Building and Land Use to read: 2.01 BuUdine: and Land Use. No Building or land shall be used and no Building shall be erected, reconstructed or structurally altered which is arranged, intended, or designed to be used for any purpose other than a Use which is permitted and specified in a District in which such Building or land is located without first having had an appropriate Use Variance approved by the Board. e. Amend Section 2.02: Height to read: 2.02 Heie:ht. No Building shall be erected, reconstructed or structurally altered to exceed the limits of height established and specified for the Use and the District in which such Building is located prior to having had the appropriate Development Standards Variance approved by the Board. f. Amend Section 2.03: Yard, Lot Area, and Size of Building to read: 2.03 Yard. Lot Area. and Size of BuUdine:. No Building shall be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce in any manner, the Yards, Lot Area per Dwelling Unit, Ground Floor Area of residential Building, or Lot Coverage regulations, established and specified for the Use and the District in which such Building is located prior to having had the appropriate Development Standards Variance(s) approved by the Board. DRAFT Ordinance No. Z-4I1#-04 DRAFT 2 . .. g. Amend Section 2.04: Lots to read: 2.04 Lots. In no case shall there be more than one (1) Principal Building used for residential purposes, and its Accessory Buildings, located on one (1) Lot. Every Building hereafter erected shall be located on a platted Lot or on an unplatted Lot or tract as approved by the Director, which abuts upon and has adequate frontage on a publicly dedicated Street and has adequate storm water drainage; unless the appropriate Development Standards Variance(s) has been approved by the Board and/or the appropriate Subdivision Waiver(s) has been approved by the Commission. h. Amend Section 2.07: Mobile Homes to read: 2.07 Mobile Homes. All inhabited Mobile Homes shall be located in a Mobile Home eemt Park that has received Special Use approval. No inhabited Mobile Home, outside an approved Mobile Home eemI: Park, shall be connected to utilities except those Mobile Homes being offered for sale. Mobile Homes used for all other purposes shall be placed in accordance with the regulation of this Ordinance. 1. Amend Section 2.10: Subdivision of Land to read: 2.10 Subdivision orLand. The Subdivision of land may occur in accordance with the Subdivision Control Ordinance in all zoning districts established in Section 4.01. CHAPTER 3: DEFINITIONS J. Amend Section 3.05 to read: 3.05 Words not defined herein but defined in the Qumel Subdivision Control Ordinance shall be interpreted in accordance with the Subdivision Control Ordinance definition. k. Amend Section 3.06 to read: 3.06 Words and terms not defined herein or in the Gafmel Subdivision Control Ordinance shall be interpreted in accord with their normal dictionary meaning and customary usage. CHAPTER 4: DISTRICTS & BOUNDARIES 1. Amend Section 4.01: Zoning Districts Established to read: 4.01 Zonint!: Districts Established. The City of Carmel and its jurisdictional area is hereby divided into the following districts: Primary Zoning Districts: S-1 Residence District S-2 Residence District R -1 Residence District R-2 Residence District R-3 Residence District R-4 Residence District R-5 Residence District (PIllaaed Distriet) B-1 Business District DRAFT Ordinance No. Z-4##-04 DRAFT 3 B-2 Business District B-3 Business District B 4 ButJiness Distriet (Planned Distriet) B-S Business District B-6 Business District B-7 Business District B-8 Business District C-l City Center District C-2 Old Town District OM Old Meridian District I-I Industrial District M-l Manufacturing District M 2 l\fanufaetHring Distriet M-3 Manufacturing District (Plllnned Distriet) P.I Park and Recreation District AG-l Agriculture District Planned Unit Development District Secondary Zoninl!: Districts: FP Flood Plain District FW Floodway District FF Floodway Fringe District State Highway 431 - Keystone Avenue Corridor Overlay Zone U.S. Highway 31 - Meridian Street Corridor Overlay Zone U.S. Highway 421 - Michigan Road Corridor Overlay Zone Old Town District Overlay Zone Home Place District Overlay Zone m. Amend Section 4.02: Official Zoning Map to read: 4.02 Official Zonine: Map. Territory within the Jurisdiction of the PlaB Commission ef the City ef Carmel, IB6iaila, is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Ordinance. The Official Zoning Map shall be identified by the signature of the Mayor and the Clerk-Treasurer under the words "Official Zoning Map," together with the date of the adoption of this Ordinance. Regardless of the existence of purported copies of the Official Zoning Map which may, from time to time, be made or published, the Official Zoning Map shall be located in the office of the Clerk- Treasurer and shall be the fmal authority as to the current zoning status of land and water areas, buildings and other structures within the Jurisdiction of the Carmel/Clay PlaB. Commission. n. Amend Section 4.04: Official Zoning Map Replacement to read: 4.04 Official Zonine: Map Replacement. In the event that the Official Zoning Map becomes damaged, lost, or difficult to interpret because of the number of changes and additions, the Qty Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. DRAFT Ordinance No. Z-4##-04 DRAFT 4 .. CHAPTER 5: S-l/RESIDENCE DISTRICT o. Amend Section 5.01.01: Minimum Area Requirements to read: 5.01 Permitted Uses: See Appen&A: Schedule 9fUses. 5.01.01 ~. : See Appendix A: Schedule of Uses. Use, LeeatieB MiBimum .\na Equivalent Deasity (Manmum) , Resieeatial susc.W/4siea, leeated 9.77 aeres, times Bamber ef lets Hi 1.3 lets, times n:amoer ef aeres m west af SpIiBg Mill R-eaEl ImEi subdFlisioB susah4sion Berth ef 141 "-St:Feet R-esieeatial suMivisiea, leeated 1.00 aeres, times BamBer af lets Hi 1.9 lets, times Bumber sf aeres m west ef Sj3riBg Mill R-ead, Berth ef su'adivisiaa subciPAsiaa mtll Street eel seath ef 1 41 &I SB.=eet R-esidential s1:lsc.W/isiea, leeated 0.77 aeres, times n't:l.lBher ef lets ia 1.3 lets, times BlH'Bher of aeres m west ef gpriBg Mill R.ead ImEi su'adivisiaa s1:lsm'/isioa saath ef 11 €)tII-St:Feet Resideatial sl:1seli':isioa, loeated 0.35 aeres, times n\HBBef ef lots Hi 2.& lots, times number ef aefes m .- .. "" n s1:lsehisiea s1:lseli'/isioa 'This seetieB does Bet affeet the height and &fea reqWi"ements fer iBeli'lidual lets that are eeatamea in SecRen HJ1 ef the ZeB:iag OrEliaaBee. p. Amend Section 5.04.03: Minimum Lot Standards; SB: Minimum Side Yard; SSI: Single- family Home to read: 5.04.03 Minimum. Lot Standards: B. Minimum Side Yard: 1. Single-family heme Dwelling: Ten (10) feet; q. Amend Section 5.04.03: Minimum Lot Standards; Se: Minimum Aggregate of Side Yard; SSI: Single-family Home to read: 5.04.03 Minimum Lot Standards: C. Minimum Aggregate of Side Yard: 1. Single-family heme Dwelling: Thirty (30) feet; r. Amend Section 5.04.03: Minimum Lot Standards; SD: Minimum Rear Yard; SS1: Single- family Home to read: 5.04.03 Minimum Lot Standards: D. Minimum Rear Yard: 1. Single-family heme Dwelling: Twenty (20) feet; DRAFT Ordinance No. Z-4##-04 DRAFT 5 s. Amend Section 5.04.03: Minimum Lot Standards; E: Minimum Lot Width; 1: Single- family Home to read: 5.04.03 Minimum Lot Standards: E. Minimum Lot Width: 1. Single-family heme Dwelling: One hundred twenty (120) feet; CHAPTER 10: R-4/RESIDENCE DISTRICT t. Amend Section 10.02.01: Minimum Area Requirements to read: 10.02.01 Minimum Area Requirements: Mobile Home eemt Park Minimum Area (Acres) Fifteen (15) Use Also, same as S-1 District regulations of Section 5.02.01. u. Amend Section 10.03.02 to read: 10.03.02Swimminl! Pool. See Section 25.01.01(C)(8). .\ private swimmiag poel may be permittea as lHl :\eeessery Use, bat shall be loeatee! eBly wi-t:lHn the Side or Rear Yard. }Je swimming peel or Hs deek shall be sleser thim ten (10) feet to the preperty Hae. Far plll"poses fer safety, the feDeVlil1g shall apply: +. walls er feaeing deemed te be impenetrable by the eafereiBg amBority, that is Bet less thaa five (5) feet high eeftlJlletely sHIfeU:BEtiBg the S':limmiRg poelllfl6 the €leek area with e*eeptioR ef self elesiBg aRE! latehiag gates and aeors, beth sapable efheiBg leek-ed; ;!. ether melHlS Bet less than five (5) feet high aRE! aeemed impenetrable by the eafereiBg IN:ltB.ority at the time of seBSwstien aaa eeftlJlletely Sl:l:lTOaBamg the peollHle! deek area when the pool is Bet 1:1sea; and 3. a eeml3:iBation ef suhdi':,'isis1W (1) throagb (2) that softlJlletely sl:l:lTelmds the pool anel deek with the ex-eeption ef self elosing aRE! latshing gates and doers whieh are sapable af being loek-ea; and 4. in eenj1:lfletien with (1), (2), ar (3) a safety peal sever may be usea prevideel that: a. there is a eontia1:1e1:1S SOBBeetion Between the ee'/er lHld the €leek, so as to prehillit assess te the peal when the sover is eeftlJlletely GrM'IB e'/er the peel; e. it is meehaaisaHy epeFatee! BY k-ey or k-ey and switeh suel1 that the ee'/er e8BBet be Grawa 1:1pon er retraeted '.vitB.e1:1t the 1:1se ef a key; e. it is eapa91e af S1:1pportiBg a fear handree! pelma imposed lead 1:1pon a eampletely dfa'llB eover; 6. it is installed with a trask, rellers, Fails or g1:1ides; lHla e. it bears lHl identifisaaan tag HiElisating the name of the man1:1faeuer, Dame of the installer, iBStallatien Elate, Ilfl6 applisal9le safety staftElards, if any. v. Amend Section 10.04.02: Minimum Lot Size; D. to read: 10.04.02MiniIhum Lot Size: D. Lots with community water system and community sanitary sewer system: 8000 square feet, see SeeRS1'/. 9.fN.03. DRAFT Ordinance No. Z-4##-04 DRAFT 6 CHAPTER 11: R-5/RESIDENCE DISTRICT w. Amend the Title of Chapter 11: R-5/Residence District (Planned District) to read: CHAPTER 11: R-5/RESIDENCE DISTRICT (PL;\NNED DISTRICT) x. Amend Section 11.00.01: Purpose and Intent to read: 11.00.01Puroose and Intent. The purpose of this the R-5 District is to provide for the encouragement of large scale, diverse residential developments of good design with residential open space, and maximum living amenities. Mixed residential structures, their supporting accessory buildings and uses and limited commercial uses are allowed with maximum layout flexibility permitted. Densities are variable within the district in order to assure versatility of development. Application to the Plan Commission is required for Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) PrelimiBary De'lelapmeat Plaa approval and I9.ftal Development Plan (DP) approval. y. Renumber Section 11.00.02: Minimum Tract Requirements to Section 11.00.03: Minimum Tract Requirements. z. Adopt Section 11.00.02: Plan Commission Approval to read: 11.00.02Plan Commission Aooroval. A. Develooment Plan. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the R-5 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement ofland uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. B. Architectural Desien. Exterior Lighting. Landscaping and Shmage. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the R-5 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. aa. Adopt Section 11.00.99: Application Procedure to read: 11.00.99 Application Procedure. A. Develooment Plan. See Section 3J.99(A): Development Plan. B. Architectural Desien. Exterior Lighting. Landscaping and Signage (ADLS). See Section 3J.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). DRAFI' Ordinance No. 2-4##-04 DRAFT 7 ab. Amend Section 11.04.05: Greenbelt Buffer to read: 11.04.05 Greenbelt Buffer. A greenbelt buffer shall be provided, and may take the following forms: A. A landscaped transitional area designed consistent with Section 26.04: Perimeter Buffering Requirements the Plm CammissiaB GaiaeliBes far Landseape BafferiRg, or B. Open space, design pursuant to the Chapter 7 of the Subdivision Regulations. ac. Repeal Section 11.05: Application Procedure: ~ l~PlllieaaeB Preeeaure. ProeealH'es ana requiremeBts fer Pla9Bea Distriet approval are set forth iR Chsprer 21: Pkml'led Distriet RegbllaRB1'/.9. CHAPTER 12: B-l/BUSINESS DISTRICT ad. Adopt Section 12.00.99: Application Procedure to read: 12.00.99Application Procedure. A. Development Plan. Not required. B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). ae. Amend the title of Section 12.02: Special Uses to Section 12.02: Special Uses & Special Exceptions. CHAPTER 13: B-2/BUSINESS DISTRICT af. Adopt Section 13.00.99: Application Procedure to read: 13.00.99Application Procedure. A. Development Plan. Not required. B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). ago Amend the title of Section 13.02: Special Uses to Section 13.02: Special Uses & Special Exceptions. CHAPTER 14: B-3/BUSINESS DISTRICT ah. Adopt Section 14.00.99: Application Procedure to read: 14.00.99 Application Procedure. I A. Development Plan. See Section 31.99(A): Development Plan. B. Architectural Desi!;ffi. Exterior Lighting. Landscaping and Signage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). aI. Amend the title of Section 14.02: Special Uses to Section 14.02: Special Uses & Special Exceptions. DRAFf Ordinance No. Z-4##-04 DRAFT 8 CHAPTER 15: B-4/BUSINESS DISTRICT aJ. Repeal Chapter 15: B-4/Business District (Planned District) in its entirety. CHAPTER 16: B-5/BUSINESS DISTRICT ak. Amend Section 16.00.02: Plan Commission Approval; SA: Development Plan to read: 16.00.02Plan Commission Approval. A. Development Plan. Net relJUired. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the B-5 District prior to the issuance of an Improvement Location Permit by the Department. Once approve~ by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. al. Adopt Section 16.00.99: Application Procedure to read: 16.00.99 Application Procedure. A. Development Plan. See Section 31.99(A): Development Plan. B. Architectural Desim Exterior Lighting, Landscaping and Silmage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). am. Amend the title of Section 16.02: Special Uses to Section 16.02: Special Uses & Special Exceptions. an. Amend Section 16.03.02 to read: 16.03.02Swimmine: Pool. See also Section 25.01.01(C)(8). A p&late s,;vimmi:ftg peel may be permittea a5 aR aeeessery use, but shall ee leeMed eBly '.vitIHB the side er rear yard.. Ne swinuniftg peel er Hs aeek shall ee deser thaB teB (10) feet te the preperty liRe. Far pmpsses fer safety, the faHevM.g shall apply: -1-. walls aT reneiBg aeemea t6 be impeBetrable by the eBfereiBg a1itheIity, that is Bat less thaB fie:e (5) feet high eempletely surrol:lBdiag the sv.'immiBg peel aBd the cleek area '.v#h 8*eeptien sf self elesiBg aBa latehiBg gates aad aeers, beth eapable efbeiag leek-ed; ~. ether meaDS Bet less thlHl fi'le (5) feet high aiid deemea impenetrable by the eBforeiBg autherity at the time ef seas1n1etieB anti sempletely sllITeooElmg the peel anti aeek area wBeB the poel is Bet used; anti J. a eemhiBatien of su'BGiyisieftS (1) thfeagll. (2) that eempletely surrel:lB6s the peel aBa desk Vlith the eJteepaen ef self elesiBg aBa latshiBg gates and doers whish are sapable ef beiBg lesked; afla 4. m eeBjUBetieB with (1), (2), er (3) a sa-fat)' peel Se'lel' may be used preyided that: a. there is a eeBtiBaeus seBeetieB betv.<een the ee'fel' afld the deek, se as to prohibit aeeess te the peel when the eever is eempletely Elra'J\'B e'ler the peel; b. it is meehaBieally epel'ated ey k-ey er key and sV\1tefi saeh that the sever ellBOOt be EB:lW.'B upeB er retraetea VI'itfteat the use ef a key; DRAFT Ordinance No. Z-4##-04 DRAFf 9 e. it is eapa'ele af suppertmg a few: lnmdred (400) pelHld impesed lead apaa a eampletely arllVVB eever; e. it ill iBstallea with a Bel<, Fallers, rails ar gaieles; &Bd e. it aeafs &B iaentitieatiaB tag iBdieatiag the BlUl'l6 ef the mamtfaetw:er, Dame af the iBstaHer, installatiaD date, Mid appliea'ele safety staii8ards, if my. CHAPTER 17: B-6/BUSINESS DISTRICT ao. Amend Section 17.00.02 :Plan Commission Approval; SA: Development Plan to read: 17.00.02 Plan Commission Approval. A. Development Plan. Net reEtaifed. The Commission shaD review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the B-6 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shaD not be materially or substantiaDy changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. ap. Adopt Section 17.00.99: Application Procedure to read: 17.00.99 Ap.plication Procedure. A. Development Plan. See Section 31.99(A): Development Plan. B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). aq. Amend the title of Section 17.02: Special Uses to Section 17.02: Special Uses & Special Exceptions. CHAPTER 18: B-7/BUSINESS DISTRICT ar. Adopt Section 18.00.99: Application Procedure to read: 18.00.99 Application Procedure. A. Development Plan. See Section 31.99(A): Development Plan. B. Architectural Desil!Il. Exterior Lighting. Landscaping and Silplage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Sign age (ADLS). as. Amend the title of Section 18.02: Special Uses to Section 18.02: Special Uses & Special Exceptions. at. Amend Section 18.06.01: Landscaping Plan to read: 18.06 Landscaping Reauirements. 18.06.0 I Landscaping Plan: A Landscaping Plan shall be submitted to the PlB:B Commission for its approval at the same time other plans (t.e.g., architectural design, lighting, parking and signage) are submitted. This plan shall be drawn to scale, including dimensions and distances; shall delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, driveways, lighting standards, signs, steps and DRAFr Ordinance No. Z-4##-04 DRAFr 10 other similar structures; and, shall delineate the location, size and description of all landscape material and the method to be used for the watering or irrigation of all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinate part of the Landscape Plan for the entire lot. au. Amend Section 18.06.04 : Landscaping Installation and Maintenance; 91: Installation to read: 18.06 Landsca'l'ing Requirements. 18.06.04 Landscaping Installation and Maintenance: 1. Installation: All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Director DepartmeBt f.dmiBistrater. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of Occupancy. avo Amend Section 18.06.04 : Landscaping Installation and Maintenance; 93:Changes after Approval to read: 18.06 Landscaping Requirements. 18.06.04Landscaping Installation and Maintenance: 3. Changes After Approval: No landscaping which has been approved by the PlaB Commission may later be altered, eliminated or sacrificed without first obtaining further PlaB Commission approval. aw. Amend Section 18.07: Storage, Display and Refuse to read: 18.07 Storage. Displavand Refuse. All storage, display and refuse shall be completely enclosed in a maiB Principal or Accessory Building. ax. Repeal Section 18.08: Application Procedure. ~ f.pl'llieatiEln ProeelilHe. 18.98.91 CensukatioB with DHeetElr and "\1'lslieaaEla f.pplieEHrts shall meet with the Direetor te re'new the 2lElBiBg slassifieation of their site, re'new the regalatElry erEiiBaBees aBd materials, rtl'liev/ the prEleeEhlres aBd smmune the prElpssed ass IHld QeyelopmeBt Elf the pr-eperty. The Direeter shall aid IHld ad-rise the aJlfllieaBt iB Pfsflarmg his apJIlisatiEln aaa supporting dOEliURtlnts as nesessary. The applieaBt shall submit two (2) eepies of the "..Titten applieab.oo ferm, ~we (2) sallies of the prspasea De';elopment Plan (DP) with its LllBd5eapmg PlaB:, aaa all ather BEleessary supportiBg aEleumeBts ana lBilterials. 18.08.02IBitial Re'/ie'll Elf the }.Jl~lieatioB aad SUflpertiBe Daeumeats and Mat-erials by the Direetor: SUBmission ta the Plaa Commission. Folla',yiDg the reeeipt af the writteB apPHeatiall, De'lelapmeat Plan. (DP) '.vith. LaaessapiDg Plaa ana Bseessary sUflflortiBg aEleHmElats ana materials by the DifestElr, he shall theB l'e'lie'lI the materials solely fer the fl1:l:IJlase Elf ee~ whether the aflfllieatiaB is eomplete, iB teehBi:eal eomplianee with all aflpl-ieable ElrGiBaaees, la'lIs, and regulations ana is to be ferwaraea tEl the CommissioB. If the lBilterials SUBmitted by the ailPlieaBt ar-e Bat eamplete, ar do Bot eemply with the BEleessary legall'ellmemeBts, the Direetor shall mElna the apflHeaBt af the defieieBeies in said materials. Ualess ana 1:Hltil the Direetor fermally aecElflt:5 the apflHeatioB as eomplete aad iB legal eaHlflHaBee, it shall Bot Be SElB:Siaeree as fatlflally filed far the fll:lfl99se Elf proeeeEliBg to sQeeeeding steps tElware Plan Cammissien apJIro'ral DRAFT Ordinance No. Z-4##-04 DRAFT 11 as hereiBafter set farth. WithiR thirty (30) days Bf the farFf.lal ReseptaBee ef the applieaaBa BY the Direeter, he shall farmaRy file the appaeatiaa by plaemg it apea the agenda afthe CaHJmissiaa, aeearamg te the PlaB Cemmissiaa's Rales BfPreeedl:li"e. The awlieaRt shall file fer eaeh PIlm CaHlftlissiea member a e8flY ef the DeveIepmeBt Plan IHltl sappertiBg dSS1HReBts aadlaf materials. 18.08.03P1:lBlie HeariBg B'/ Plall Csmmissisa: aRee the Direetar has aeeepted and filed the applieatiaB w#h the CammissiBa, the CsHlftlissiea Sf its delegate shall assign. a dee!c-& BlUBBer aDd set a date IHltl time far a p1iBlie hearing as reEj,Wred BY the Rules afPFeeeaure af the CaBlfBissiaa. The applielmt sha-ll be reSflElBSiBle far the eElst B:Bd pUBlieatiaB sf the reliHed pa1:llished legal ooti::fieatieB af the p1iBlie heariag. The awlieaRt shall alsa ootify all iIltefested parties aRd pfeperty BwaefS as reElHed 1:ly the Rules sf Preeedl:li"e af the CemmissieB. The eseal:let sf the PHslie Hearing shall 'se ill aeeardrmee '."lith the CemmissieB's Rules afPraeedl:lfe. CHAPTER 19: B-8/BUSINESS DISTRICT ay. Amend Section 19.00.02(A): Development Plan to read: 19.00.02Plan Commission Approval. A. Development Plan. Net l'eElWrea. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the B-8 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. az. Adopt Section 19.00.99: Application Procedure to read: 19.00.99 APl'lication Procedure. A. Development Plan. See Section 31.99(A): Development Plan. B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). ba. Amend the title of Section 19.02: Special Uses to Section 19.02: Special Uses & Special Exceptions. bb. Amend Section 19.03: Accessory Buildings and Uses to read: 19.03 Accessory Buildings and Uses. See also Section 25.01. Accessory Buildings and Uses customarily and purely incidental to the uses allowed in this district are permitted contingent upon PlaB Commission approval (see Section 19.00.03) and under the following conditions: 1. provided that the building materials and color are compatible with those of the primary Principal Building. be. Amend Section 19.05: Parking and Loading Berth Requirements to read: 19.05 Parking and Loading Berth Requirements. (See Chapter 27: Additional Parking & Loading Regulations for additional requirements.) 19.05.01 The parking requirements of Chapter 27: Additional Parking & Loading Regulations notwithstanding, if the structure is located in an area where common parking is available DRAFT Ordinance No. Z-4##-04 DRAFT 12 to the users of the facility, then parking can be reduced by the amount of common parking spaces which can reasonably be allocated to the facility. A Parking Plan showing roadways, entrances, exits and common area parking in relation to all structures shall be filed and approved by the PIaB Commission. 19.05.02The loading requirements of Chapter 27: Additional Parking & Loading Regulations notwithstanding, loading berths and trash collection areas shall be permitted per the demand of the business establishments and shall be identified on the Site Plan. A Loading Plan shall be filed and approved by the Plaft Commission. Trash collection areas shall be properly screened and enclosed. bd. Amend Section 19.06: Landscaping Requirements to read: 19.06 Landscaping Reauirements. Where a lot or parcel of ground used for business purposes in the B-8 District abuts, or adjoins across a street (adjoining across a limited access highway is excluded), a parcel zoned or used for residential purposes, a greenbelt or lawn area with a minimum width of thirty (30) feet shall be provided along the abutting or adjoining property line. A planting screen, consisting of suitable shrubbery, shall be planted at the time of construction of, or conversion to, a business activity and shall be maintained in order to provide effective screening at all times during the year. The shrubbery may be planted informally or in rows and shall screen parking areas, outside storage areas, loading berths, trash and refuse containers and so forth from abutting and adjoining residential properties. Vision clearance on comer lots and at the intersections of streets and driveways shall be observed and maintained. No accessory buildings or uses may be erected or pursued within the required greenbelt or lawn area with the exception of sidewalks, decorative or protective items, other landscaping items and signage as permitted by the Carmel Clay Te'.'lmmp Sign Ordinance. Additional landscaping (such as street trees) may be required by the Plan Commission in order to maintain area-wide uniformity. A Landscape Plan shall be submitted concurrent with the Site Plan. be. Amend Section 19.08: Signs to read: 19.08 ~. All signs shall conform to the Carmel Clay Te'.wsmp Sign Ordinance. Signs for each proposed use shall be uniform in character as to color and architectural design as approved by the Plan Commission. A Sign Plan shall be submitted concurrent with the Site Plan. bf. Amend Section 19.09: Emergency Access to read: 19.09 Emergencv Access. Adequate emergency access space shall be provided to the side and rear of all primary Principal Buildings located within the district. All emergency access areas and facilities shall be shown on the Site Plan and reviewed by the Carmel Chief of Police and Carmel Fire Chief. CHAPTER 20A: 1-1 INDUSTRIAL DISTRICT bg. Adopt Section 20A.00.99: Application Procedure to read: 20A.00.99 Application Procedure. A. Development Plan. See Section 31.99(A): Development Plan. B. Architectural Design. Exterior Lililiting, Landscaping and Signage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). DRAFT Ordinance No. Z-4##-04 DRAFT 13 bh. Amend the title of Section 20A.02: Special Uses to Section 20A.02: Special Uses & Special Exceptions. CHAPTER lOB: M-l/MANUFACTURING DISTRICT bi. Adopt Section 20B. 00. 02: Plan Commission Approval to read: 20B.OO.02 Plan Commission Apnroval. A. Development Plan. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the M-l District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement ofland uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. B. Architectural Desilm. Exterior Lighting. Landscaping and Sign-age. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the M-l District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. bj. Adopt Section 20B.00.99: Application Procedure to read: 20B.OO.99 Application Procedure. A. Development Plan. See Section 31.99(A): Development Plan. B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). bk. Amend the title of Section 20B.02: Special Uses to Section 20B.02: Special Uses & Special Exceptions. bI. Amend Section 20B.07.02: Front Landscaped Yard to read: 20B.07 Landscaping: Requirements. 20B.07.02 Front Landscaped Yard: A fifteen-foot (15') landscaped and maintained yard area, composed of trees not less than two and one-half inches (2 W') dbhand spaced fifty feet (50') on center, shall be provided next to (an) existing residence(s) or a platted residential subdivision unless otherwise determined by the CammlssieBer Director or unless otherwise required by the Board for Special Uses. DRAFf Ordinance No. Z-4##-04 DRAFT 14 bm. Amend Section 20B.07.04: Landscaping Installation and Maintenance; S1: Installation to read: 20B.07 Landscatline: Requirements. 20B.07.04 1. Landscaping Installation and Maintenance: Installation. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department f~6mHHstFator Director. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of Occupancy. CHAPTER 20C: M-2/MANUFACTURING DISTRICT bn. Repeal Chapter 20C: M-2/Manufacturing District in its entirety. CHAPTER 20D: M-3/MANUFACTURING DISTRICT boo Amend the Title of Chapter 20D; M-3/Manufacturing District (planned District) to read: CHAPTER 20D: M-3/MANUF ACTURING PARK DISTRICT (PLANNED DISTRICT) bp. Amend Section 20D. 00. 01: Purpose and Intent to read: 20D.00.Ol Purpose and Intent. The purpose of the M-3 Manufacturing Park District is to create and protect land areas for the development of unified preplanned manufacturing and other compatible land uses within a park- like setting. All activities associated with manufacturing, commercial, warehousing, transportation, service, office and residential activities shall be conducted within completely enclosed buildings in such a manner that any nuisance factors are not emitted outside ef the building. Solid visual screening of the outside activities including, but not limited to, storage and trash collection areas shall be included. It shall be a requirement of all preplanned manufacturing parks to be reviewed and approved by the Carmel Plao Commission. A Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of architecture, design, sign and industrial management. Land areas to be rezoned M-3 shall be served by public utilities (sewer, water, etc.). bq. Adopt Section 20D.00.02: Plan Commission Approval to read: 20D.00.02 Plan Commission Approval. A. Development Plan. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the M-3 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (OP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. B. Architectural Design. Exterior Lie:hting. Landscanine: and Signage. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the M-3 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the DRAFl' Ordinance No. Z-4##-04 DRAFT 15 Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. br. Adopt Section 20D.00.99: Application Procedure to read: 20D.00.99 APJllication Procedure. A. Development Plan. See Section 3J.99(A): Development Plan. B. Architectural Desilm. Exterior Lighting. Landscaping and Signage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). bs. Amend the title of Section 20D.02: Special Uses to Section 20D.02: Special Uses & Special Exceptions. bt. Amend Section 20D.07.04: Landscaping Installation and Maintenance; 91 to read: 20D.07.04 Landscaping Installation and Maintenance: 1. Installation. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the DepartHieBt :'.SmHHstratar Director. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of Occupancy. bu. Repeal Section 20D.10: Application Procedure: ~ AJl!ll-ieatiaB Preeedure. Praeeames aaa JetlmremeBts far Plamlea Distriet ll}lf:'lro';al are set farth. Hi Che:prer 24: P1e7'led DitJ1riet Regu1etisn&. CHAPTER 20E: C-lICITY CENTER DISTRICT by. Amend Section 20E. 00. 03: Approval of Development Plan; 94 to read: 20E.00.03: Approval ofDevelooment Plan. 4. A flubl-ie heng shall. Be held by t The Director shall hold a public hearing before it deeides deciding whether to approve or disapprove a DP. However, no DP is required for additions to existing structures which: a. Are attached to the existing structure; b. Continue the architectural design of the existing structure, including exterior color and materials; doors and windows, other detailing; c. Meet with requirements of the C-l District; d. Do not exceed twenty percent (20%) of the original Gross Floor Area of the existing structure, applicable from the date of this Section; and e. Have received a prior ADLS approval from the PlaB Commission. DRAFT Ordinance No. 2-4##-04 DRAFT 16 bw. Amend Section 20E. 00. 03: Approval of De vel opment Plan; (7) to read: 20E.00.03: ApJlroval of Development Plan. 7. Zonin!! Waiver. The applicant may ~ apply for a PlaR CemmissieR Zoning Waiver te of the dimensional and quantitative standards of the C-l District by not greater than thirty-five percent (35%), consistent with requirements set forth below: a. The proposal shall be in harmony with the purposes and the land use standards contained in this chapter; b. The proposal shall enhance the overall Development Plan, the adjoining streetscapes and neighborhoods, and the overall City Center District. c. The proposal shall not produce a site plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan and the City Center District, and shall not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. d. The proposal exhibits extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, public art, provisions for bicycles and/or mass transit, reduced surface parking coupled with provisions for above or below ground parking facilities. e. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this chapter. This subsection does not affect the right of an applicant under Indiana law to petition the Board for a variance from development standards, as provided in IC 36-7-4-918.5 and this Zoning Code. bx. Amend the title of Section 20E.02: Special Uses to Section 20E.02: Special Uses & Special Exceptions. CHAPTER 20F: C-2/0LD TOWN DISTRICT by. Amend Section 20F. 00. 03: Approval of De vel opment Plan; (4) to read: 20F.00.03: Approval of Development Plan. 4. 1'.. paBl4e heariBg shall be held by t The Director shall hold a public hearing before it tiee46e& deciding whether to approve or disapprove a DP. However, no DP is required for additions to existing structures which: a. Are attached to the existing structure; b. Continue the architectural design of the existing structure, including exterior color and materials; doors and windows, other detailing; c. Meet with requirements ofthe C-l District; d. Do not exceed twenty percent (20%) of the original Gross Floor Area of the existing structure, applicable from the date of this Section; and e. Have received a prior ADLS approval from the PIaa Commission. DRAFI' Ordinance No. Z-4##-04 DRAFI' 17 bz. Amend Section 20F.OO.03: Approval of Development Plan; (7) to read: 20F.00.03: Approval of Development Plan. 7. Zonine: Waiver. The applicant may ~ apply for a Plaa CeBlBlissioB Zoning Waiver te of the dimensional and quantitative standards of the C-I District by not greater than thirty-five percent (35%), consistent with requirements set forth below: a. The proposal shall be in harmony with the purposes and the land use standards contained in this chapter;. b. The proposal shall enhance the overall Development Plan, the adjoining streetscapes and neighborhoods, and the overall City Center District. c. The proposal shall not produce a site plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan and the City Center District, and shall not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. d. The proposal exhibits extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, public art, provisions for bicycles and/or mass transit, reduced surface parking coupled with provisions for above or below ground parking facilities. e. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this chapter. This subsection does not affect the right of an applicant under Indiana law to petition the Board for a variance from development standards, as provided in IC 36-7-4-918.5 and this Zoning Code. ca. Amend the title of Section 20F.02: Special Uses to Section 20F.02: Special Uses & Special Exceptions. CHAPTER 20G: OM/OLD MERIDIAN DISTRICT cb. Amend the numbering of Section 20G.OJ: Purpose, Intent & Authority to Section 20G.OO.OJ: Purpose, Intent & Authority. cd. Adopt Section 20G.OO.02: Plan Commission Approval to read: 200.00.02 Plan Commission Approval. A. Development Plan. The Commission shall review the Development Plan CDP) of any proposed use of any Lot or parcel of ground within the Old Meridian District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement ofland uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. B. Architectural Design. Exterior Lighting. Landscaping and Signage. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the Old Meridian District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. DRAFT Ordinance No. Z-4##-04 DRAFT 18 ceo Adopt Section 20G.OO.99: Application Procedure to read: 20G.OO.99 Application Procedure. A. Development Plan. See Section 31.99(A): Development Plan. B. Architectural Desim Exterior Lighting, Landscaping and Signage (ADLS). See Section 31. 99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). cf. Adopt Section 20G.OJ: unassigned. cg. Amend Section 20G.05: Development Zones to read: 20G.OS Development Zones. SeveB (7) Eight (8) development zones are hereby established, each with its own development standards. Only those uses detailed within each zone shall be permitted. Sections 5.01 through 5.07 provide design standards for within each development zones. ch. Amend Section 20G. 05.0 J: Single Family Attached Zone; SJ: Signs to read: J. ~. Ne permaneat eJ[terier sigBs ef my kiBd 'lliR ee aUewed exeept fer hease Bl:llll8ers See Section 25.07.02-14: Old Meridian District ofthe Sign Ordinance. Cl. Amend Section 20G.05.02: Multifamily Housing Zone; SE: Signage to read: E. Signage Sbms. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance. (l) AYewaele siga types inetOOe Saspeaaea sigas, Prejeeting Sigas, Perea Sigas, er "NaY. SigBs. (~) Permaaent signage mast faYe'" these siga area re~HirefBElBts: (a) Saspeaaed Sigas: Tv;eln (12) s~aare feet (9) PrejeetiBg Sigas: Twenty (20) sq,aare feet (6) Perea Sigas: Six (6) sqaare feet (6) "NaIl Sigas: SixteeB (16) sq,lllH'e feet (e) GreliftS Sigas, er ether fFe6Stafiaiag sigHS are Bet permitted. (~) Wall sigas mast fit v.<itlHB the oormeBtal and ':enieal elemems ef the baildiBg ana may Bet ebs6ere details ofilie lnHldmg. (FigwFe 23) (4) Ne siga shaY exteaa abeve the eermee 1i:Be sf the builamg. cJ. Amend Section 20G.05.03: Village Zone; SG: Sign age to read: G. SieRae:e Signs. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance. (l) UBless speewed as eJ[6Rlflt eT proIHaited sigaage, er stherwise Beted belew, the Siga DniiBaBee regalatiaBG pertaiBiBg to Old TSWB Carmel, Beeuel'l 25. fJ7. (J.2 ! 3 shall apllly ta the Village Zeae. (~) Ex-emt:lt Sigas: All sigas aesigaated as eJ[eHlflt in &eRe'" 25.fJ7.fJ! 03 ef the Siga Ordmaaee, eJfeept as Betea ia Bootie", 20G.05.07(E)(5). (J) Premaited Sigas: The pra'Asiees in Seetie", 25.07.0! {)1 shan apply. The feYe'.v4ag sigas are alse flrehibited: (a) GreaBd Sigas, er ether free StaBdiag sigiiS. DRAFT Ordinance No. Z-4##-04 DRAFT 19 (9) SigBS \v!i-ieft Bantam BliBkiBg, pwsiBg, ar meoriRg eompaaeB.ts. (4) Wall signs must fit withiB the oormeBtal. aaQ vem.eal elemeBts afthe Building aHa may Bot eeseme details efthe BuileiBg. (P~1'e 23) (~) Ne SigB ~y &xteBd ahove the Gemiae liBe afthe huilamg. (6) SigBS may also he painted in white gr~hi6S m sterefreRt er upper fleer windows. (+) SigBs may alBa he imprinted eR permaBeBt avmiBgs. (&) lBEli-viEhlaI teBaBts shewdstrYle fer a UBiEtl:le graphic image, Father thaB he reEJ.wed ta camarm ta a single graphia style fer the ....il.ele huildmg. (9) Preolidenee at Old MeriEliaH. The sigR paelEage aaepted with OrdiBIlRee No. Z 338, PreoliElenae at Old MeriwaH PlaH UB:it Devele~meRt Dismat shall be allewed as appreved. ek. Amend Section 20G.05.04: Mixed Use Zone; ~E: Signage to read: E. Si~ge Silms. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance. (-l) The previsieftS efthe Carmel/Clay Sign OrEliBaBce, OrdiBIlRee No. Z 392, shaR apply, eXGept aB Beted helew: (a) Gi"etmtl sigBs shall Bet he taller thaB feW" (4) feet, aHdlw/e a SigH Pace that does Bet exeeed tweBty feW" (24) sElWH'e feet. (9) "Hall signs saall Bet eKeeed thirty twe (32) square feet. (2.) Wall sigBS ml:lst fit withiB the BermaRtal aHd yertieal elemeBtB ef the buileiBg aaQ may Bet ooseme eetatis afthe builEliBg. (Pigu1'e 23) (~) Ne sign may exteaa aha'le the Gomiee liRe efthe bwlamg. el. Amend Section 20G.05.05: Office Zone; ~D: Sign age to read: D. Si~ge Silms. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance. (-l) The pfevisioos af the Carmel,lClaj' Sign OrdmaBee, OrdiBIlRee No. Z 392, shall apply, eXGept aB Beted belew: (2.) Gi"euad signs shaR Bet be taller thaB feur (4) feet, Bar haOle a SigH PaGe that ~[eeeds tv/eBty feW" (24) sEll:lafe feet. (~) Wall signs shaR Bet e}[eeed thirty twe (32) sql:lare feet. em. Adopt Section 20G. 05. 06: Special Use Zone; ~F: Signs to read: F. Sie:ns. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance. en. Amend Section 20G.05.07: Meijer Zone; ~E: Sign age to read: E. Si~ge Sie:ns. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance. (-l) VBl:ess ~eei:fied as eKempt ar prembited sigBage, or atherwise Boted belew, the Sign OrEliBaBee reglllatiaBS pertaiBiBg te Old TeVffi CaflBel, Seeti81l 25.7.Q2 13 shaR apply te the Meijer Zone. (2.) ~empt signs: All signs designated as e)[empt in Seeti81l 25.7.01 03 af the Sign OrEliBaBee, OrdiRIlRee No. Z 302. DRAFT Ordinance No. Z-4##-04 DRAFT 20 (;) Pr-ehihited signs: The prEl'/isiElBS Hi SeeHe" 25.{)'l.fJ! fJ1 shall apply. Signs 'l:hieh eaatam hl:iBk:i:ag, pWsH1g, these '.v#h 1Be"lH1g ealBl30ReBts M1l alsa prelHhited. (4) Wall sigas mast fit withm. the hemaBtal aad vemeal elemeBts ef the baildiBg aaQ Bat aaseure aetails afthe b\iilcimg. (Figu1'e 23) Ne sigH shall he allawed ta extend !teave the eamiee 1-iBe ef the baildmg. (~) Twe (2) l'BOmHBeBt sigas Be IMger thaB sixty (()Q) sEj,l:llKe feet Me alleVlrea fer a single \iser efthe exisaag Meijer stere, '.vith aRe (I) sigs laeated at the existiBg street 6\it eB Old Meridiaa Street, Hi the Village Zeae, aad the ether sigH heHig leeated Hi aeeerElaftee '.vith the plaas apPfaved ey the CammissieB, Deeltet Ne. 22 91 .IDLSIDP. (e) Sigaage fer the CaavemeBee Stefe shall he permitted, eeBSisteBt v.ith SeeHe1'l 2fJG.fJ5.fJ'l(E)(!), aad Babjeet to Plaa CammissiaB ADLS aflpra'/al co. Amend Section 20G.05.0B: Mixed Medical Zone; SE: Signage to read: E. Sienage Si2ns. See Section 25.07.02-14: Old Meridian District of the Sign Ordinance. (1-) The flra'lisiens af the Carmell~la.y SigH OraiBanee, Orcimail.ee Na. Z 302, shaR apply, elfeept as Bates eele'.\'. (a) Par a hWlfliBg with maltiple teaaBts ar aee1:lpaBt5 ail.d WIDell is Hi eKeess ef 10,000 S~l:lafe feet ef gfess hliilElmg Mea leeatea eB a site by itself, ar fer multiple bWlcimgs leeatea eB ail. Hitegfates site v.ith a shares eBtfaBee, a single freestaBEliBg IBeBl:HBeRt sigs leeatea at the eBtfaBee ef the site and 'l1itIDB the HeBt sethaek shall he permittea. Eaeh sigs faee (maximum efme (2) faees per sign) shall Bet eJfeeed sixty (60) sElllafe feet Hi tetal Mea. It must be laaaseapea at the ease ef the sigs. (b) .". eWleliBg Bet aeseribea Hi Subsee#en (a) aban, shall he iEl.eBtifiea hy the l:lSe ef a greUBEl. sigs whieh shall Bat he taller thaB feUi' (4) feet, aaa ha'le a sigs faee that dees Bet eKeeea thirty tV/a (32) sEJaM1l feet. (e) Wall sigHS shall Bet eKeeea thirty !we (32) s~uare feet. ( El) Difeetory signs ar1l permitted Hi aeeeraaaee with the Sigs Oremaaee Z 392. (;!) Wall sigas mast tit '.vithiB the herizeBtal aaa vertieal elemeBts ef the bailcimg aBa may Bet abseure El.etails efthe hwamg. (PiguFe 23) (;) Na sigH may eJ(4eBa aheve the eettem ef the reefliBe ar, iB the ease af flat reefs, the eamee liBe ef the Building. cpo Amend the title of Section 20G.06: Modifications to read: 20G.06: ModifieatioB:S Zoning Waiver. cq. Repeal Section 20G.07: Application Procedure in its entirety. ~ ApplieanoB Preeedme. 20G.07.01 Te iBsw."-e the eeHlpatibility ef the pl'tlpesea ass VI<ith adjeiBiBg areas, the CemmissioB shall reyiew aad apflr-sve the afehiteemral aesign, lighting, laBdseaping, aBEi sigBage af aay pl'tlpesea asa '11ithiB the Old Merieliaa Dismet priar te iss1:laBee af aa IlBI3fe'lemeBt LeeatieB Permit. 20G.07.02 CeBSultatieB with Direeter aad '^.J:lt'llieanaB. .'\pplieaDts sBaR meet with the Direeter ta rEl'liew the zeBiBg elassifieatiaB af their site, re'fiew the site re~emeBts, aad regalatery eF<:Haaaees that affeet the site, Feyiew the preeed1:ifes aDa examiBe the prapesea ase ea aEl'leleplBtlBt eftae preperty. 'The Direetor DRAFT Ordinance No. Z-4##-04 DRAFT 21 shall aid and advise the applielHlt Hi prBl3ariag his applieatiaB aBEl SHppertmg aeeameBts as Beeessary. 20G.Q7.93 It.. B. G. :g. The applielHit shaR saemit tv/a (2) eepies ef eaeh efthe felle\v4Bg: 'The writteB. applieatieB form Site legal eeseriptieB Site plan, EJi:aw:B te seale, B1lHBmum sheet si2!e 21" x 36" .AR e~ustiBg featares aBEl site lHialysis plaB, ara-..VB te the same seale as the Site PIaB E. 1\:B aerial phetegraph €If the site, seale 1" - I 09', that shews the prejeet site !Hid adjeiBiBg prepemes F. B1:Hlamg plaBS aBEl elevatiaBS, aw:m te seale G. DraiBage lme erasieR eeRtrel plan, arEWI'fl to seale H. LaBdseape PllHi, EH:a-wB te seale I. LightiDg PllHi lme eetails, araWB te seale J.. SigBage PllHi aBd aetails, dra-WB te seale K:. Any SHppertmg aesameBts aBEl materials as eetermiBea BY the Direeter. 290.07.91 IBitial R-eview efthe .^....llflHeatieR aBEl SultpertHlg DeeumeBts aHa Materials BY the Direeter. It.. FeYewmg the reeeipt ef the writteR applieatisa, the .:\DLS paekage, ma Beeessary SUflperting aeeumeRts aa61ar materials, the Difeeter shaR re'new the materials fer the sele purpese ef aetefftIiBiBg whether the applieatiaR is esmplete aBEl Hi teelmieal eemplianee w#h all applieaBle oniiBaBees, laws aBd regal:atiaBS. B. If the materials saBmitted by the applielHlt are Bet eemplete or de Bet eemply with the BeeeSsaIY legal reElliKemeBts, the DB-eeter shall werm the applieant ef the defieieaeies Hi SMa materials. G. Unless aBEi l:IBtilthe Difeeter fefR1aUy aeeepts the applieatieR a-s eomplete aBd Hi legal eempHaaee, it shall Bet be eeBSidered as faHBlilly :Bled fer the pliIflese ef preeeedmg te SHe6eedmg steps OOWilfd appre'lal as kereiBafter set ferth. B. If the materials saemitted by the applielHlt are eetermiBed te Be eemplete IHld Hi eempliaBee, the materials shall be ferwaraed te the Cell3BBSSieB. E. '\VithiR thirty (39) days ef the fermal aG6B13taBee ef the apPHeatieB by the DKeeter, he shall femHllly :BIe the applioatieB BY plaeiDg it apoB the agenda ef the CemmissieB aeeerdmg te the CemmissieR's Rales afPreeedure. F. The applielHit shall file fer eaeh CemmissisR memBer a eepy of the :\DLS pllHl aBEl sapportiftg aeeumeBts aBElIar materials reEluired. 20G.07.05 ODee apprevea by the PllHi Cemmission, the afekiteet:at:al design, lightiftg, landseapiDg lHld sigB:9.ge shall Bet Be materially altered or SHBstaBtially altered witBel:lt the prier appreval ef1he CammissioB. cr. Relocate Chapter 20G: Old Meridian District; Figure 23 to Section 25.07; Diagram 4: Old Meridian Sign Placement. DRAFT Ordinance No. Z-4##-04 DRAFT 22 CHAPTER 23A: STATE IDGHW AY 431-KEYSTONE AVENUE OVERLAY ZONE cs. Relocate Section 23A.05: Plan Commission Approval to Section 23A. 00. 02: Plan Commission Approval. ct. Adopt Section 23A. 00. 99: Application Procedure to read: 23A.OO.99 Application Procedure. A. Development Plan. Not required. B. Architectural Design. Exterior Lie:htine:. Landscaping and Signae:e (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). cu. Designate Section 23A.05: unassigned. CHAPTER 23B: U.S. HIGHWAY 31 CORRIDOR OVERLAY ZONE cv. Adopt Section 23B.00.02: Plan Commission Approval to read: 23B.OO.02 Plan Commission Approval. A. Development Plan. The Commission shall review the Development Plan (OP) of any proposed use of any Lot or parcel of ground within the U.S. Highway 31 Corridor Overlay Zone prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. B. Architectural Design. Exterior Lighting. Landscaping and Signage. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the U.S. Highway 31 Corridor Overlay Zone prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior l;.-ighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. cwo Adopt Section 23B.OO.99: Application Procedure to read: 23B.OO.99 Application Procedure. A. Development Plan. See Section 31.99(A): Development Plan. B. Architectural Design. Exterior Lighting. Landscapine: and Signae:e (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). DRAFT Ordinance No. Z-4##.()4 DRAFT 23 ex. Amend Section 23B.02(A) to read: 23B.02 Commission Review: A. Development Plan. The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the U.S. Highway 31 Overlay Zone. 1. The Commission shall hold a public hearing ahall be hela by the CemmissieB before it decides whether to approve or disapprove a DP. However, no DP is required for additions to existing structures which: a. Are attached to the existing structure; b. Continue the architectural design of the existing structure, including exterior color and materials; doors and windows, other detailing; c. Meet with requirements of the underlying primary zoning district; d. Do not exceed twenty percent (20%) of the original gross floor area of the existing structure, applicable from the date of this ordinance, and, e. Have received a prior ADLS approval from the PIaB Commission. 2. The Commission shall review a DP application to determine if the DP satisfies the development requirements specified in Sections 23B.03 through 23B.08. The Commission's review shall include, but not be limited to, the following items: a. Existing site features, including topography and wooded areas; b. Zoning on site; c. Surrounding zoning and existing land use; d. Streets, curbs and gutters, sidewalks, and bicycle paths; e. Access to public streets; f. Driveway and curb cut locations in relation to other sites; g. General vehicular and pedestrian traffic; h. Vehicle and bicycle parking facilities and internal site circulation; i. Special and general easements for public or private use; j. On-site and off-site surface and subsurface storm water drainage including drainage calculations; k. On-site and off-site utilities; 1. The means and impact of sanitary sewage disposal and water supply techniques; m. Dedication of streets and rights-of-way, or reservation of land to be sold to governmental authorities for future development of streets and rights-of-way; n. Proposed setbacks, site landscaping and screening, and compatibility with existing platted residential uses; o. Project signage; p. Protective restrictions and/or covenants; q. Compatibility of proposed project with existing development within the U.S. Highway 31 Corridor; and, DRAFT Ordinance No. Z-4##..{)4 DRAFT 24 r. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive Plan, including the Thoroughfare Plan. 3. Findings-of-Fact. The Commission shall make written fmdings concerning each decision to approve or disapprove a DP. The President of the Commission shall be responsible for signing the written findings of the Commission. cy. Repeal Section 23B.02(B). cz. Repeal Section 23B.02(C). da. Repeal Section 23B.02(D). db. Renumber Section 23B.02(F) to Section 23B.2(B):Architectural Design, Exterior Lighting, Landscaping and Signage. de. Amend Section 23B.02(B): Architectural Design, Exterior Lighting, Landscaping and Signage to read: 23B.02 Commission Review: B. Architectural Deshm. Exterior Lil!htinl!. Landscapinl! and Sil!nal!e. Except as provided in Paragraph (A)(l) above, for all projects in the U.S. Highway 31 Overlay Zone, the Commission shall review and approve the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Sections 23B.09 through 23B.l5. 1. ADLS approval shall be necessary prior to: a. The establishment of any use of land; b. The issuance of any Improvement Location Permit; c. The erection, reconstruction or structural alteration of any building(s) in the U.S. Highway 31 Overlay Zone; or d. Any changes in any site improvements. 2. An amendment to an ADLS may be reviewed and approved by a committee of the Commission according to the Rules of Procedure. However, any interested party may appeal the decision of the committee directly to the Commission. df. Repeal Section 23B.02(E). dg. Renumber Section 23B.02(G) to Section 23B.02(C): Zoning Waiver. db. Amend Section 23B.02(F) to read: 23B.02 Commission Review: F. Architectural Desil!n. Landscapinl!. Exterior Lil!htinl!. and Sil!nal!e. Except as provided in Paragraph B above, for all projects in the U.S. Highway 31 Overlay Zone, the Commission shall review and approve or approve with conditions the Architectural Design, Landscaping, Exterior Lighting, and Signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Sections 23B.09 through 23B.l5, and such approvals shall be necessary prior to: (1) The establishment of any use of land; DRAFT Ordinance No. Z-4##-04 DRAFf 25 (2) The issuance of any Improvement Location Permit; (3) The erection, reconstruction or structural alteration ofany bui1ding(s) in the U.S. Highway 31 Overlay Zone; or (4) Any changes in any site improvements. di. Repeal Section 23B.17. 01: Consultation with the Director and Application. 23B.17.01 COBBlikatieB T.vith Direetar ana ;'.BflHeation: .^~pplielHlts shaH meet TTvith the Direetor to review ~e zoBiBg elassifieation of ~eir site, review the regalatery oraiBaBees aBEt materials, re'liew the preeeaUfes aBEt eJEamme the proposed use aBEl development of the pr-operty. 'The Difeetor shaH aia aBEl aa..nse the aflplieant in pr8Jlaring his aPfllieatiaB aBEt SRppOrtiBg aaewnents as aeeessary. The a~lieant shaH s\:1bmit: tW() (2) eepies efthe written a~lieatiaB farm; twe (2) eopies af the DP lI:BEIfar the rell\:1Hea iBformatiaB an anmiteetural design, km6seapHlg, parkiBg, sigBage, lightiag aBEt aesess (;\DLS), as well as all aesessary S\:1pportmg aaeaments aBEt materials. Filifig fees shall Bet be reEluifed far applisanoB5 for adGitieas tEl resiaential heusmg rel:}Wi:ed to be reTliewea U:B8er this SeeHel'l 23JJ. dj. Repeal Section 23B.17.02: Initial Review; Submission to the Commission. 23B.17.02 Initial ReTnew: S\:1hmissian to the CommissiOll: Follo"I'fiBg the reeeipt af the wr#teB awlieatioll, DP aBEl/or the rell\:1ired infefflillltion OB are-hiteeRiral assign, laBElseaping, parlang, signage, lightiBg aBd aeeess (;\DLS), and neeessary &l:lpportiBg aoeuments and/or materials by the Direster, he shall then rwnew the materials solely for the plHJlose ef detel"lBimBg whether the applieafion is s0Hlf31ete, in teeJmieal ealBfllianee with all a13plieaeIe oraiBaBees, 1a-',,'s aBa regalatieas Ilila is toee fatvlMdea to the Commissien. If the materials s\:1emHtea ey the 8Jlp1ieaBt Me net eomplete, ar ao not eOlBJlly with the Beeessary legal requiremeBts, the Direetor shaY iBform the 8Jl13lisaBt of the aefieie:aeies in. said materials. Unless aBd lHltH the Direeter fermaH-y aeeepts the apfllieation as eOlBJllete aBEt in legal e01Bfllillil6e, it shall Bet he eonsiaered as fennall-y med far the J'lUfJlase of proeeeamg to s\:1eeeediBg stejls taward aflproT/al as hereiBafter set forth. Withm nveBty (29) Says of the formal aes8JltaBee of the aflplieatiaB by the Direetar, he shall formally file the applieatioB hy plaeiBg it \:1pOll the agenda of the CommissioR, aeeordiBg to the Commission's Rwes of Proeeal:H'e. The applieaDt shall tile fer eaeh CommissioB memeer a espy of the DP aadlor ADLS plaas aDd S\:1pportifig cloeaments aadlor materials fltH'SQaBt to the Commission's Rwes ofPraeedure, ARic/e VI!, SecHeR 1. dk. Repeal Section 23B.17. 03: Approval or Denial of the Application by the Commission. 23B.17.03 ;\Jlpr-o'liil er DeRial of the '^~PJllisatioB hy the Commission: A. .'\.n aflpro"led DP or .\DLS petition shaY be 'lalia for t'.ve (2) )'elH'S from the Elate af a13p1'o':a1. If a fullllila eOBlfllete applieatioB far aD Im.provemeat Loemon Permit (ILP) has Bot beeB sabmittea at the eRa of the twa (2) year panoei, the DP aBd!~r .\DLS retIllest must be re &l:lbmittea to the CammissioB for a time eJrteasion. B. If the DP lHlEl/or .\DLS plan is materially ehangea in any way, resat;,missioB to the Commissian fler Seetisl'l 23B.{).2 is retIwea. G. If an .\DLS petition is aemea ey the Commission, the Commission shall provide the 8Jlplieant witJa a wmten espy of said Feas6as, if re(}Qested. DRAFT Ordinance No. Z-4##-04 DRAFT 26 . dl. Renumber Section 23B.17.04: Reservation of Land for Pending State Highway Improvements to Section 23B.17: Reservation of Land for Pending State Highway Improvements. CHAPTER 23C: U.S. HIGHWAY 421-MICHIGAN ROAD OVERAL Y ZONE dIn. Adopt Section 23G.OO.02: Plan Commission Approval to read: 23C.OO.02 Plan Commission Approval. A. Development Plan. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the U.S. Highway 421 Overlay Zone prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parking areas in accordance with harmonious and aesthetic principles of the ADLS. B. Architectural Design. Exterior Lighting. Landscaping and Signage. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the U.S. Highway 421 Overlay Zone prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. dn. Adopt Section 23G.OO.99: Application Procedure to read: 23C.OO.99 Application Procedure. A. Development Plan. See Section 31.99(A): Development Plan. B. Architectural Design, Exterior Lighting:. Landscaping and Sismage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). do. Amend Section 23G.02: Commission Approval to read: 23C.02 Commission Approval. A. Develonment Plan. The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the Overlay Zone. The Commission shall hold a public hearing shaR Be hela BY the Cemmissiea before it decides whether to approve or disapprove a DP. The Commission, in reviewing DP applications, shall examine factors concerning the site, Site Plan and the surrounding area, which include but are not limited to the following items: 1. Topography; 2. Zoning on site; 3. Surrounding zoning and existing land use; 4. Streets, curbs and gutters, bicycle paths, and sidewalks; 5. Access to public streets; 6. Driveway and curb cut locations in relation to other sites; 7. General vehicular and pedestrian traffic; DRAFT Ordinance No. Z-4##-04 DRAFT 27 " 8. Parking facilities and internal site circulation; 9. Special and general easements for public or private use; 10. On-site and off-site surface and subsurface storm and water drainage, including drainage calculations; 11. On-site and off-site utilities; 12. The means and impact of sanitary sewage disposal and water supply techniques; 13. Dedication of streets and rights-of-way; 14. Provision for adequate and acceptable setbacks, screening, and compatibility with existing, platted residential uses; 15. Storage area; 16. Protective restrictions and/or covenants; 17. Effects any proposed project may have on the entire Overlay Zone; and, 18. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive Plan. If a Parent Tract is located both inside and outside of the U.S. Highway 421 - Michigan Road Corridor Overlay Zone, Development Plan and ADLS approvals are required for the entire Parent Tract dp. Repeal Section 23C.15: Application Procedure. ~ '^'lllllieatieB Preeedw-e. 23C.15.<)1 Co~ieB with Difeeter and f~lieatieB. .^.JlIllisaats shall meet VlitB the Difeetor to revie'll the zeBiBg elassiiieatioa of their site, review tlie regalatery or~ees aad materials, review the pr-oeedl:l:fes aBd eKamiBe the propesea l:lSe aBt:i ae'/elepmeat of the preperty. 'The Direeter shaH aid aaQ ad'Ase the applieaBt iB preparing his applieatiea aaQ sappertiBg deewBeats as Beeessary. The applieaBt shaY. SUBmit: 1. WI<e (2) eepies efthe VlTitteB applieatioo farm, 2. tv.<e (2) eepies efthe Blasting Features & Site ."a!alysis PIIHl, 3. twe (2) eepies efthe DP, anGI.er 4. twe (2) eepies ef the reqaires iBfermatioo oa aremteetufal design:, laasseapiBg, parkiBg, sigaage, lighting aBt:i aeeess (.'\DLS), as '.vell as 5. all Beeessary suppertiB.g deeameBts aBt:i materials. 23C.15.02 Initial Review ef the '^'JlJlHeatioB aaQ SUIl'Pome: Dee-umeBts and Materials BY the Difeeter: Sal:lHrittal te tlie CommissieB. FellewiBg the reeeipt of the wnttea aflplieatien, DP anGler the reqmred iBfermatioa eB aremteetlHal design, laBt:iseapiDg, parkiBg, sigaage, lightiBg ans aeeess (.ADLS), aad aeeessary Sl:lpflertiBg aeewneats aadler materials BY the Direeter, the Direeter shall re'liew the materials fer the sele parpese ef deterFBi.iHBg v{heteer the 8JlJllieatioB is eOHllllete aBt:i iB teelmieal eempliaBee wiili all applieable eraiBaBees, la'::s aBd reguJatieBS. +. If the materials sl:lBmitted by the applieaBt are Bot eemplete er de Bot eemply with the Besessary legal re~emeats, the Direeter shall iBform the applisaat ef the aefieieBsies iB said materials. UBless aBd l:lBtil the Direeter fermall-y aee8flts the aJlllHeatiea as 60Hlf)lete aaa iB legal eempliaase, it shall Bet ee eeBSiderea as formally med fer the purpose ef preeeediDg to sooeeediDg steps tev.'ili"d apflrO"fal as BefeiBafter set ferth. DRAFT Ordinance No. Z-4##-04 DRAFT 28 23C.15.03 -l-. ~. If the mateaals submitted by the apJllieant are detemaed t9 be eomplete ana iB eempliaaee, the materials shall Be fun';ardea te the CeB.'JB'lissiea. a. Within thirty (30) da-ys Elf the fermal aeeeptaBee Elf the applieatisa by the Direeter, he shall fermaHy file the apJllieatioa by plaeing it upoa the ageBda of the Commission aeesramg to the CsBlBlissioa's R-1:1les ef Proeedme. b. The applieant shaR file for eaeh Csmmissiea member a eef'Y sf the Exisaag Features &. Site l\aalysis Plan, the DP aOOIer .illLS plm and supJlertiag doemnents aBEiltJr materials. f.pfJfe',al er Denial efthe Applieatiea by the Cemmissioa. ..'\8 appnwed DP pentiea anater ADLS petitisa shall be valid fer t\ve (2) years Hem the date ef apJlr-e':al. If eeB5trnetiea eftae bWldmg(s) has (have) Bet started at the eaa efthe twtJ (2) year pense, the DP analsr ADLS rell1:lest m1:lst Be re suamittea te the Cemmissiea. If the DP anaIer l\DLS plan is (BFe) sabstaatially altered, Fe sabmittal te the Cemmissiea per See/fen 23C.()2 fer appre'lal is requ.-H'ed. If the perities is denied by the Cemmissiel'l, the Cemmissiea shall previae the applielmt '.~ a eepy of saia reaseB5, if requested. ~. ~. CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE dq. Adopt Section 23D.03(A)(J)(i): Permitted Uses to read as follows: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 1. Renovations and Additions to All Existing Building:s. i. Permitted Uses. In addition to those uses allowed in the underlying zoning district, retail uses shall be allowed in the Historic Range Line Road Sub-Area. dr. Adopt Section 23D.03(A)(3)(b)(ii) to read as follows: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. b. Setbacks. ii. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property line. ds. Renumber Section 23D.03(A)(3)(c): Materials to 23D.03(A)(3)(d): Materials. dt. Renumber Section 23D.03(A)(3)(d): Windows, Doors to 23D.03(A)(3)(e): Windows, Doors. duo Renumber Section 23D.03(A)(3)(e): Roo/to 23D.03(A)(3)(j): Roof. DRAFT Ordinance No. Z-4##-04 DRAFf 29 dv. Renumber Section 23D.03(A)(3)(f): Porches to 23D.03(A)(3)(g): Porches. dw. Renumber Section 23D.03(A)(3)(g): Building Height to 23D.03(A)(3)(h): Building Height. dx.. Adopt Section 23D.03(A)(3)(c): Lot Dimensions and Coverage to read as follows: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. c. Lot Dimensions and Coverae:e. i. Minimum Lot Width. (a) Single-family Dwelling: Fifty (50) feet. (b) All other Uses: Sixty (60) feet. ii. Maximum Lot Coverae:e. (a) Single-family Uses: Forty-five percent (45%) of the area of the lot (b) All other Uses: Seventy percent (70%) of the area of the lot. iii. No lot may be created by Subdivision or by joining which is greater than ninety (90) feet in width. dy. Adopt Section 23D.03(A)(3)(i): Garages to read: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. i. Garae:es. i. All new garages must be either: (a) Detached buildings that are sited at least five (5) feet behind the Front Line of the Principal Building, or (b) Attached to the Principal Building so that the front face of the garage is at least fifteen (15) feet further from the Front Lot Line than the Front Line of the Principal Building. New attached garages on Corner Lots should be oriented to the side street, rather than to Range Line Road. ii. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principal Building. iii. Covered walkways attaching the garage to the Principal Building are allowed. DRAFl' Ordinance No. Z-4##-04 DRAFl' 30 dz. Adopt Section 23D.03(A)(3)(j): Landscape and Lighting to read: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. j. Landscape and Lie:htine:. i. A paved walkway from the porch or front door to the front sidewalk is required. ii. The remaining Front Yard of all buildings will be maintained with a groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. iii. Exterior lighting is restricted to lamps mounted on the building, seven-foot (7') maximum-height pole-mounted decorative lights, and low-wattage landscape lighting. iv. Fences greater than thirty-six (36) inches tall are not allowed in the Front Yard ofthe property. v. Chain link material is prohibited forward of the Front Line of the Principal Building. vi. Dumpsters and trash receptacles must be screened from view. ea. Adopt Section 23D.03(A)(3)(k): Signs to read: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. k. Sie:ns. Signage, where allowed, shall abide by Section 25.07.02-13: Old Town Carmel. eb. Adopt Section 23D.03(A)(3)(l): Parking and Driveways to read: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. I. Parkin!! and Drivewavs. i. Parking is not allowed in the Front Yard of any property, except on a driveway leading to the garage. ii. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty- four (24) feet wide. iii. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to fifty percent (50%) in order to accommodate difficult site conditions such as limited access, small lots, and/or existing mature trees. iv. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. DRAFT Ordinance No. Z-4##-04 DRAFT 31 ec. Adopt Section 23D.03(A)(3)(m): Permitted Uses to read: 23D.03 Guidelines. A. Historic Range Line Road Sub-Area. 3. New Construction. m. Permitted Uses. In addition to those uses allowed in the underlying zoning district, retail uses will be allowed in the Historic Range Line Road Sub-Area. ed. Amend Section 23D.03(C)(3)(b): Setbacks to read: 23D.03 Guidelines. C. Character Sub-Area. 3. New Construction. b. Setbacks. 1. New buildings must follow the dominant or average front yard Setback dimension of existing buildings on the same block and on the same side of the street, with a variation of up to three (3) feet allowed (See Figure 2a). ii. Additions, except for open-air porches, may not be added to the front of the building except where the building is set back more than twenty (20) feet from the Setback line of its nearest two neighbors (See Figure 2b). iii. A Corner Lot for a residential use is presumed to have a Front Yard Setback on both streets that it faces. For a non-residential use, the Front Yard shall be Range Line Road (if the property is located on Range Line Road) or the street with the greatest traffic. iv. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property line. ee. Renumber Section 23D.03(C)(3)(c): Materials to 23D.03(C)(3)(g): Materials. ef. Renumber Section 23D.03(C)(3)(d): Windows, Doors to 23D.03(C)(3)(h): Windows, Doors. ego Renumber Section 23D.03(C)(3)(e): Roof to 23D.03(C)(3)(i): Roof eh. Renumber Section 23D.03(C)(3)(f): Porches to 23D.03(C)(3)(j): Porches. el. Renumber Section 23D.03(C)(3)(g): Building Height to 23D.03(C)(3)(k): Building Height. DRAFI' Ordinance No. 2-4##-04 DRAFI' 32 eJ. Adopt Section 23D.03(C)(3)(c): Lot Dimensions and Coverage to read as follows: 230.03 Guidelines. C. Character Sub-Area. 3. New Construction. c. Lot Dimensions and Coverae:e. i. Existing lot dimensions as originally platted shall be acceptable. ii. Minimum lot width. (a) Single-family Residential: Fifty (50) feet. (b) All Other Uses: Sixty (60) feet. iii. Maximum Lot Coverae:e. (a) Single-family Residential: Forty-five (45%) of the area of the Lot. (b) All Other Uses: Seventy percent (70%) of the area of the Lot. iv. No lot may be created by subdivision or by joining which is greater than ninety (90) feet in width. ek. Adopt Section 23D.03(C)(3)(d): Garages to read as follows: 230.03 Guidelines. C. Character Sub~Area. 3. New Construction. d. Garae:es. i. All new garages must be either: (a) Detached buildings that are sited at least five (5) feet behind the Principal Building, or (b) Attached to the Principal Building so that the front face of the garage is at least fifteen (15) feet further from the Front Lot Line than the primary front line of the Principal Building. New attached garages on Corner Lots should be oriented to the side street, rather than to Range Line Road. ii. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principal Building. Hi. Covered walkways attaching the garage to the Principal Building are allowed. DRAFI' Ordinance No. Z-4##-04 DRAFT 33 el. Adopt Section 23D.03(C)(3)(e): Landscape and Lighting to read as follows: 23D.03 Guidelines. C. Character Sub-Area. 3. New Construction. e. Landscaoe and Lighting. i. A paved walkway from the porch or front door to the front sidewalk is required. ii. The remaining Front Yard of all buildings will be maintained with a groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. iii. Exterior lighting is restricted to lamps mounted on the building, seven-foot (7') maximum-height pole-mounted decorative lights, and low-wattage landscape lighting. iv. Fences greater than thirty-six (36) inches tall are not allowed forward of the Front Line of the Principal Building. v. Vinyl covered chain-link material is allowed in the Front Yard except on those properties which front on Range Line Road. For properties fronting on Range Line Road, chain-link material is prohibited forward of the Front Line of the Principal Building. vi. Dumpsters and trash receptacle must be screened from view. em. Adopt Section 23D.03(C)(3)(j):Parking and Driveways to read as follows: 23D.03 Guidelines. C. Character Sub-Area. 3. New Construction. f. Parkin!! and Drivewavs. i. Parking is not allowed in the Front Yard of any property, except on a driveway leading to the garage. ii. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty- four (24) feet wide. iii. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to fifty percent (50%) in order to accommodate difficult site conditions such as limited access, small lots and/or existing mature trees. iv. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. DRAFf Ordinance No. Z-4##-04 DRAFT 34 en. Adopt Section 23D.04(A)(2) to read as follows: 23D.04 Submittal Process/Ap'plication Procedure. A. Consultation with Director and Application. 2. Site Plan & Design Review (SDR) approval is not required where Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) approval is required. CHAPTER 23E: HOME PLACE DISTRICT OVERLAY ZONE eo. Adopt Section 23E.OO.02: Plan Commission Approval to read: 23E.OO.02 Plan Commission Approval. A. Development Plan. Refer to Sub-district regulations for Development Plan requirement. B. Architectural Design. Exterior Lighting. Landscaping and Signage. Refer to Sub-district regulations for Architectural Design, Exterior Lighting, Landscaping and Signage requirement. ep. Adopt Section 23E.OO.99: Application Procedure to read: 23E.OO.99 Ap'plication Procedure. A. Development Plan. See Section 31.99(A): Development Plan. B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See Section 31.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). C. If the DP and/or ADLS plan is materially changed in any way, resubmission to the Commission per Section 23E.02 is required. eq. Amend Section 23E.02(B): Architectural Design, Landscaping, Exterior Lighting and Sign age to read: 23E.02 Commission Approval. B. Architectural Design. Landscaping, Exterior Lighting and Signage. :fu[6ept as pr~yided iB SeeRS." 23E.02fB), fer For all projects in the Home Place Business District and West Home Place Commercial Corridor, the Commission shall review and approve or approve with conditions the Architectural Design, Landscaping, Exterior Lighting and Signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Section 23E.08 and Section 23E.09, and such approvals shall be necessary prior to: 1. The establishment of any use of land; 2. The issuance of any Improvement Location Permit; 3. The erection, reconstruction or Structural Alteration of any commercial building(s) in the Home Place Business District or West Home Place Commercial Corridor; or 4. Any changes in site improvements. DRAFT Ordinance No. Z-4##-04 DRAFT 3S er. Amend Section 23E.08(J): Zoning Waiver to read: 23E.08 Home Place Business District. J. Zoning Waiver. The applicant may ~ apply for a Zoning Waiver te of the dimensional and quantitative standards of this Section 23E.08, by not greater than thirty- five percent (35%), consistent with requirements set forth in Section 23E.02(C). es. Amend Section 23E.09(H): Zoning Waiver to read: 23E.09 West Home Place Commercial Corridor. H. Zoning Waiver. The applicant may ~ apply for a Zoning Waiver te of the dimensional and quantitative standards of this Section 23E.09, by not greater than thirty- five percent (35%), consistent with requirements set forth in Section 23E.02(C). et. Repeal Section 2 3E.ll: Application Procedure. ~ :~~13J3lieatien Proeedm:e. A. CeFlSwtatieB with DiFeeter and :\BB1.4eation. .\pplieaBts shall meet with the Dii'eeter to re>liew the zemmg elassifieatioB of theii' site, re>,ie'..: the regulatery erEliBaBees and materials, re'Jiew the proeeal:H"-E!s and eHmiBe the preposea \!Se and ee":elopment ef the preperty. The DiFeeter shall aia aBd aavise the app1.4eaBt Hi prepariftg ms applieatien aBd sl:lppertmg aee:am.ents as :aeeessary. The lli9plieaBt shall sa'smit: -1-. T.....e (2) eepies efthe written applieatieB farm; ~. Twe (2) eepies ef the Develepment PlaB (DP) aBdler the raql:lii'ea iBfermatiOB eB kehiteet1:lfal DesigB, Exterier UghtiBg, LaBesellfliBg, Sigmge, ParkiBg aBa .^~eeess (1\DLS); ~. as VI'ell as all :aeeessary st!J3pertiBg aee\:JmeBts aad materials. B. lBitial Re":iaw: Sl:l'smissieB te the Commissien. Following reeeipt ef the '.wiMeB applieatien, DP aBEl/or the require a iBfermatiOB OB :\i"smteetl:lfal Desigil, EKterier Ughtiftg, LanaseapiBg, Signaga, ParkiBg aBa .^.eeess (1\DLS), aad Besessary sl:lPflertiag eesumeBts aBdJor materials by the Dnester, he shan !heR Fevia", the materials seleiy fer the purpese ef aetermiB:iftg Vlllether the llflplisBtiOB is samplete, Hi teelmieal eempliaaee with all applieable erEl-iBaBees, laws aad regtilatieFlS alia is te 'se forv:ar-Elea te the CemmissieB. -1-. If the materials sl:l'smitted by the applieaBt are Bet eemplete, Elr de Bet eemply VI'4th the Deeessary legal reEtliH-ements, the Dii'eeter shall iBf-el'fB the applieaBt of the aefieieDsies Hi saia materials. UBless aad liBtH the Dii'eeter formally aeeepts the applieatiea as eemplete aad Hi legal eempliaB.ee, it shall Bet 'se eoasiaefea as fOffilally mea fer the pmposes of preeeediRg te sliseeeding steJ3s tev;ara apflreval as hereinafter set ferth. ~. If the materials submitted 'sy the appliemt are Eletermiaea te 'se eeR'lJllete aad Hi eompliaBse, the materials shall 'se rorwBi'eea te the CemmissieB. a. Within tweBty (20) da-y5 ef faFfBill aes6fltaaee af the apfllieatieB 'sy the Direeter, he shall fellBlllJ.y file the applieatieB by plaeHig it l:lpeB the ageRGa of the CeHlHlissiea, aesorEl-ing tEl the Cemmissioa's Rules ef Proeedl:H"e. e. 'The applieaBt shall [He fer eash CemmissieB memBer a eepy efthe DP aBEl/er .\DLS plBBS me SliPflOrtiBg aee1:lmeats ana/er materials DRAFT Ordinance No. Z-4##-04 DRAFT 36 pl:H"SaaBt te the CemmissieB's Rales €If Preeeal:H"e, AF#ek V!!, Seetie19 4. G. Appre';al er Denial efthe '^.JlplieatieB by the CammissiaB. -1-. f.:B llflpreyea DP ar :\DLS petitien shall be ",alia fer two (2) yelH'S Ram the date ef appra';al. If a full aB6 eeB'lfllete appHeatieB far an IBlflrevemeBt LeeaneB Permit (ILP) has net beeB submit:tea at the ead ef the twe (2) year pariea, th.e DP aBl1'er ADLS m\:lst be res\:lbmitted te the CeJBIBissieB fer a time eJ,teBsieB. 2-. If the DP anEl/er ADLS plaB is materially ehaBged in any way, res\:lamissieB te the CemmissieB per Seetiell 2JE.0-2 is r8El1:Hrea. CHAPTER 24: PLANNED DEVELOPMENT REGULATIONS eu. Amend the Title of Chapter 24: Planned District Regulations to read: CHAPER 24: PU.N}'J'ED DISTRICT DEVELOPMENT PLAN AND ARCIDTECTIAL DESIGN, EXTERNAL LIGHTING, LANDSCAPING & SIGNAGE REGULATIONS ev, Amend the Title of Section 24.00: Planned District Regulations to read: 24.00 PlaBB:ea Disaiet Development Plan (DP) and Architectural Design, External Lighting, Landscaping and Signage (ADLS) Regulations. ew. Repeal Section 24.01: The Planned District (R-5, B-4 and M-3) - Generally. U:G-l The PlaBBea Distriet (R 5, B 4 aB6 M 3) GeBefalh'. The PlGBBee. Dismet is designee. te permit, Vl'ithiB the R 5, B 4 aB6 M 3 ZOBe distriets, malti ase eemplexes er lane. use eembiBatieBS ef resie8Btial, eemmereial ami BeBGemmereial ases, or siBgle \:lse resieefl:tial, eOffilB8fGial ar iB:elistrial prejeets, waiGh al:le te e"eelleBee ef plBBBiBg, eesign er fimetieB ean ae iBtenmJ~eEl, greupea er athenvise lmiEJ.uely leeated v.ith HllHamaHl eehesi-"I8Bess, attfaetiveness ana eeB'lflatiBility. Th\:lS, the distriet previaes flexibility ami preeeell:H"al eeenemy, by permittiftg the area-eest raage af land lise ehaiees ,;1ithiR a single distriet, with adeElaate laBel lise eeBtfels. Under the PlaBB:ea Distriet elassifieatieB, partiewar regard ean be gPleB praperty with. wHElue feamres er sigB:i.fieanee, slieh as 1:lB1:lsual tapagraphy ar laadsellfle amemties; aistarieal, lH'elHteetufal er saeial sigB:i.fisaBee; €If, ether Sfleeiallma eRaraGteristies. The PlaBB:ea Distriat is imeooed te eBGetifage greater ereativity iB: laad plaBB:iB:g; to eB6e\if&ge SUflarier site ami strnetlKal aesign and aeyelepmeBt; ta eBeemage an effieieBt, aesteetie ana aes~le use ef apeB Sflaee; te pre'liae fer use ef lmd v.-'#li high fuB:etiaaal ami aesthetie ',allies; aBa, te aSSl:H"e aempatibility ef lami uses, aeth ..vithiB th.e PlaB:fl:ea Distriet aB6 Vl'itlt aajaeeat areas. It is iBteBaed te pre',irie m1miHmm fleuJ.bility in zeBiBg aistrietiBg ami eentrels in eraer 1:e meet the eRanging, oo'efse eevelepmeBml. Beeds efthe eeHlHl1:lB.ity. ex. Adopt Section 24.01: General Information to read: 24.01 General Infonnation. Development Plan (DP) and/or Architectural Design, External Lighting, Landscaping and Signage (ADLS) approval by the Commission shall be necessary prior to the establishment of any Use or Building, so cited by the district regulations herein, or the issuance of an Improvement Location Permit for said Use or Building. Development Plan and/or Architectural Design, External Lighting, Landscaping and Signage applications shall generally be considered favorably by the Commission, except in cases where the Commission finds the proposed Use obviously inappropriate as a result of special and unique conditions determined as a result of the review procedure established herein. DRAFI' Ordinance No. Z-4##-04 DRAFI' 37 ey. Amend Section 24.02: Preliminary Development Plan to read: 24.02 Preliminary Development Plan - Elective Procedure. A. 24.92.91 The Preliminarv Development Plan - Conformance. Whenever a PlaBBed Development is proposed in a district that requires Development Plan approval fef laB8 1y.iBg '",ithm the jarisEiietiaB af by the Commission and before my eaastmetiaB ....lark aD the EleveIElPBleB:t is started, the developer Elf the prsflased PlaBBes D8"/eloflmeat or his duly authorized representatives may elect to shall prepare and present a Preliminary Development Plan as herem reliaired for Commission approval. The Preliminary Development Plan shall comply fully with the health, zoning and other applicable ordinances, laws and regulations in effect at the time the Preliminary Development Plan is submitted. The Preliminary Development Plan shall cover the total area which the applicant intends to develop as Ii PlaBBes De'lelepBleat and shall indicate whether the Development shall be undertaken in one or more phases. Should a platting, variance or special use procedure be necessary as a portion of the Development Plan for the Planned Development, the procedure may be pursued prior to or simultaneously with the Development Plan requirements and procedures as dictated by the situation. If the parcel of land on which the proposed Planned Development is not zoned to permit a Planned Development, the application for rezoning may be filed simultaneously with the application for Planned District approval and processed together. The prEleeaures fer preliminary llfld FiBal DevelElpmeBt Plan liJll3fSVal may be feRewed eElBeUlTeBtly, if the awlieaat desires. aaQ se files, liltheugh Be FiBal De'lelepmeB:t Plan apprElva1 shall Be granted BY the CeJBHrissiElB with reSfleet ta Ii phase af the seyelepmeat ootil it has grlHlteet PreHmimrry DevelapmeRt PIlHl. appraval far the taml develepment. B. 24.02.02 Consultation with Director and Awlication. Applicants shall meet with the Director to review the zoning classification of his site to determine if it is correct to proceed with the Development Plan approval procedure, review the Preliminary Development Plan PlaBBeet Dis:a:iet procedures and any other procedures involved in the project, and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documentation as necessary. The applicant shall submit two (2) [FIe (5) copies, or more if necessary, of the Preliminary Development Plan, together with supporting documentation, and two (2) copies of the written application form. C. 24.02.03 Initial Review of the Preliminary Development Plan and Supporting Documentation bv the Director: Submission to the Commission. Following the receipt of the written application, Preliminary Development Plan and necessary supporting documents and/or materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted by the applicant are not complete, or do not comply with the necessary legal requirements, then the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the Preliminary Development Plan application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward Development Plan approval as hereinafter set forth. Within thirty (30) days following the formal acceptance of the application by the Director, he shall formally file the application by placing it upon the agenda of the Commission according to the Commission's Rules of Procedure. The applicant shall file for each Plan Commission member a copy of the Preliminary Development Plan and supporting documents and materials. D. 24.02.04 Public Hearing bv the Commission. When the Director has accepted and filed the application with the Commission, the Commission or its delegate shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Commission. The applicant shall be responsible for the cost and DRAFT Ordinance No. Z-4##-04 DRAFI' 38 publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Commission. The conduct of the public hearing shall be in accordance with te the Commission's Rules of Procedure. Following the public hearing, the Preliminary Development Plan shall be reviewed by the Commission. E. 24.Q2.95 Approval or Denial of the Application bv the Commission. In determining whether approval shall be granted, the Commission shall consider generally if the Preliminary Plan: 1. creates and maintains a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the Planned District and with adjacent uses; 2. provides sufficient and well-designed access, parking and loading areas; 3. provides traffic control and street plan integration with existing and planned public streets and interior access roads; 4. provides adequately for sanitation, drainage and public utilities; and 5. allocates adequate sites for all uses proposed, the design, character, grade, location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive or Master Plan of Carmel, Indiana. The Director shall notify the applicant of the approval or denial of the Preliminary Development Plan and, if approved, inform the applicant that he may proceed with the final development. If the Commission denies the Preliminary Development Plan, it shall set forth the reasons for such denial in its own records and shall provide the applicant with a copy of such reasons. F. 24.Q2.06 The Meaning of A""roval. Approval of a Preliminary Development Plan shall constitute approval of the land uses, densities and general scheme of development depicted on the Preliminary Development Plan. Approval of the Preliminary Development Plan shall not constitute approval of the Final Development Plan. ez. Adopt Section 24.02: Development Plan Procedure to read: 24.02 Development Plan Procedure. A. Pre-ApJllication Consultation with the Director. Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. B. Application: 1. Director. The applicant shall submit to the Director: a. two (2) copies of the written application form; b. two (2) copies of the Existing Features & Site Analysis Plan; c. two (2) copies of the DP; d. as well as all necessary supporting documents and materials. 2. Technical Advisory Committee. The applicant shall submit the following to the members of the Technical Advisory Committee (TAC): a. one (1) copy of the written application form; b. one (1) copy of the Existing Features & Site Analysis Plan; DRAFT Ordinance No. Z-4##-04 DRAFT 39 -.. c. one (1) copy of the DP; d. as well as all necessary supporting documents and materials. C. Initial Review of the Application and Supporting Documents and Materials. 1. Director. Following the receipt of the written application, DP, and necessary supporting documents and/or materials, the Director shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. 2. Technical Advisory Committee. Following the receipt of the written application, DP, and necessary supporting documents and/or materials, the Director shall place the application on the agenda of the Technical Advisory Committee. D. Submittal to the Commission. 1. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. 2. If the materials submitted by the applicant are determined to be complete and in compliance, the Director shall forward the materials to the Commission. a. Within thirty (30) days of the formal acceptance of the DP application, the Director shall formally file the application by: i. assigning a docket number; ii. setting a date and time for a public hearing; and iii. placing it upon the agenda of the Commission according to the Commission's Rules of Procedure. b. The applicant shall file for each Commission member a copy of the Existing Features & Site Analysis Plan, the DP, and supporting documents and/or materials pursuant to the Commission's Rules of Procedure. E. Public Hearing by the Commission. The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Commission's Rules of Procedure. The conduct of the public hearing shall be in accordance with the Commission's Rules of Procedure. Following the public hearing, the Development Plan shall be reviewed by the Commission. F. Approval or Denial of the Application bv the Commission: 1. An approved DP shall be valid for two (2) years from the date of approval. If a full and complete application for an Improvement Location Permit (ILP) has not been submitted at the end of the two (2) year period, the approval shall be null and void. Upon written application to the Director before the expiration of said approval, and upon good cause shown, the Director may extend the approval for a period not to exceed six (6) months. 2. If the DP is substantially or materially changed in any way, resubmission to the Commission is required. DRAFT Ordinance No. Z-4##-04 DRAFI' 40 I, . 3. If a DP petition is denied, the Commission shall provide the applicant with a written copy of the fmdings-of-fact, if requested. 24.02.01 Develooment Plan - Conformance. Whenever a Development is proposed for land lying within the jurisdiction of the Commission and before any construction work on the development is started, the developer or his duly authorized representatives shall prepare and present a Development Plan as herein required for Commission approval. The Development Plan shall comply fully with the health, zoning and other applicable ordinances, laws and regulations in effect at the time the Development Plan is submitted. The Development Plan shall cover the total area the applicant intends to develop and shall indicate whether the development shall be undertaken in one or more phases. Should a platting, variance or special use procedure be necessary as a portion of the Development Plan, the procedure may be pursued prior to or simultaneously with the Development Plan requirements and procedures as dictated by the situation. If the parcel of land on which the proposed Development is not properly zoned to permit the Development, the application for rezoning may be filed simultaneously with the application for Development Plan approval and processed together. 24.02.02 Consultation with Director and Apolication. Applicants shall meet with the Director to review the zoning classification of the site to determine if it is correct to proceed with the Development Plan approval procedure, review the Development Plan procedures and any other procedures involved in the project and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing the application and supporting documentation as necessary. The applicant shall submit two (2) copies, or more if necessary, of the Development Plan together with supporting documentation and two (2) copies of the written application form to the Director and one (1) copy, or more if necessary, of the Development Plan together with supporting documentation to each member of the Technical Advisory Committee (TAC). 24.02.05AoorovaI or Denial of the Aoolication by the Commission. In determining whether approval shall be granted, the Commission shall consider generally if the Development Plan: 1. creates and maintains a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the District and with adjacent uses; 2. provides sufficient and well-designed access, parking and loading areas; 3. provides traffic control and street plan integration with existing and planned public streets and interior access roads; 4. provides adequately for sanitation, drainage and public utilities; and 5. allocates adequate sites for all uses proposed, the design, character, grade, location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan for the City of Carmel and Clay Township, Indiana. The Director shall notify the applicant of the approval or denial of the Development Plan and, if approved, inform the applicant that he may proceed with the development. If the Commission denies the Preliminary Plan, it shall set forth the reasons for such denial in its own records and shall provide the applicant with a copy of such reasons. 24.02.06The Meaning of AOJ'roval. Approval of a Preliminary Development Plan shall constitute approval of the land uses, densities and general scheme of development depicted on the DRAFT Ordinance No. Z-4##-04 DRAFT 41 .. Preliminary Development Plan. Approval of the Preliminary Plan shall not constitute approval of the Final Development Plan. 24.03 Construction Plan. 24.03.01 Construction Plan - Conformance. The Construction Plans shall include all of the planned area unless the Development Plan was approved on the basis of development in phases, in which case a Construction Plan may include one or more phases of development of the planned areas. The Construction Plan shall be consistent and in substantial conformity with the Development Plan as approved by the Commission. The Construction Plans shall conform to all of the requirements for a Development Plan as hereinafter set forth. 24.03.02Apl'lication for Construction Plan. The applicant shall submit copies of the Construction , or more if necessary, of the Final Development Plan, together with supporting documentation, and two (2) copies of the written application form. 24.03.03Initial Review of the Final Development Plan and SUPl'orting Documentation bv the Director: Submission to the Commission. Following the receipt of the written application, Final Development Plan and necessary supporting documents and/or materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted by the applicant are not complete, or do not comply with the necessary legal requirements, then the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the Final Development Plan application as formally filed for the purpose of proceeding to succeeding steps toward Final Development Plan approval as hereinafter set forth. Within thirty (30) days following the formal acceptance of the application by the Director, he shall formally file the application by placing it upon the agenda of the Commission according to the Commission's Rules and Procedure. The applicant shall file for each Plan Commission member a copy of the Final Development Plan and supporting documents and materials. 24.03.04Apt>roval or Denial of the Application bv the Commission. After submission of the FiBal Development Plan by the Director, the Commission shall review the Development Plan and shall approve the ~ Development Plan unless it fmds that the ~ Plan is not consistent and in SllBStaBtial conformity with the apprevee1 PrelimiBary Plan applicable Zoning and Subdivision Ordinances, or fails to satisfy requirements imposed by the Commission as conditions to approval of the Preliminary Development Plan. The Commission shall set forth in its records the reasons for its actions in approving or denying the FiBal Development Plan and shall provide the applicant with a copy of said reasons if requested. If the Commission approves the ~ Development Plan it shall affix. the Commission seal upon a mylar copy of the approved FiBal Development Plan, together with the date of approval and the certifying signatures of the Commission president and secretary. The Commission shall inform the Director of its decision on the FiBal Development Plan and, if approved, that he may issue Improvement Location Permits as required for the Plamea Development upon the receipt by the City of the financial performance guarantees required herein. The Director shall inform the applicant of the Commission's decision concerning the FiBal Development Plan, and if approved, that he may apply for Improvement Location Permits for the Planned District upon filing the approved and recorded FiBal Development Plan with the Director and the receipt of the financial performance guarantees by the City. 24.03.0SFiling the Final Development Plan. After the Commission has approved and signed the FiBal Development Plan, the applicant shall file said approved Development Plan with the Recorder of Hamilton County, Indiana and shall file one (1) mylar and three (3) paper copies of said approved and recorded Development Plan with the Director within sixty (60) days following approval. DRAFT Ordinance No. Z-4##-04 DRAFT 42 24.03.06Time Limit. A. Continuous construction shall commence within twenty-four (24) months from the date of Development Plan approval; or Development Plan approval granted by the Commission may Be reveked shall become null and void. B If construction has not commenced within said twenty-four (24) month period, then the developer shall, within sixty (60) days following the expiration of said twenty-four (24) month period, be required to demonstrate good cause to the Director why said approval should not be revoked by the Commission. If the Director recommends an extension of the approval of the Development Plan, the Commission may extend the time period allowed for commencement of construction for a period of up to twenty-four (24) months. Failure to do so as herein required shall result in the automatic revocation by the Commission of such approval at the termination of the sixty (60) day period as set forth above. If approval is revoked, the Director shall notify the developer in writing that he may no longer obtain Improvement Location Permits according to his Development Plan. 24.03.07 Authorization. In no event shall any Improvement Location Permit be issued for improvements leeMed in a PlatlBed Dimet prior to final approval of the FiBal Development Plan by the Commission, filing the approved FiBal Development Plan with the Director and the receipt of the necessary. financial performance guarantees by the City. 24.04 Requirements for PrelimH:l:arl Development Plan. The owner or developer of the proposed Plamed Distriet Development shall submit five (5) copies, or more if necessary, of the PrelHBiBary Development Plan with his the application for Development Plan approval. The Prelimiaary Development Plan fer the Platmed Dia1riet shall be drawn to a scale of fifty feet to one inch (50' = I") or one hundred feet to one inch (100' = I"); provided, however, that if the resulting drawings would be over thirty-six (36) inches in shortest dimension, a scale recommended by the Director may be used. The Development Plan shall show: 24.04.01 Name. The proposed name of the PlaBBed Development followed by the words "Preliminary Development Plan" and the date of submission or of the latest revision of the PrelimiBary Development Plan. 24.04.020wner and Developer Information. Names, addresses and telephone numbers of the owner, developer and Registered Land Surveyor(in accordance with the State Statutes and licensed to do business in the State of Indiana) who prepared the PrelimiBary Development Plan with his signature, seal and date. 24.04.03 Tract and Use Boundaries. Approximate boundary lines of the Platmed Development tract showing dimensions, according to recognized practice, with reference to section, township and range. In addition, the approximate boundaries and acreage of each general land use area within the PlaBBed Development shall be shown. 24.04.04Streets and Rie:hts-of-Wav. Approximate locations of all existing, recorded or unrecorded, public or private streets and proposed major access streets and related rights- of-way on or adjoining the proposed Plaml:ea Development. 24.04.05Contours - Existing. Contours at vertical intervals of one (1) foot if the general slope of the Platmed Distriat Development is less than three percent (3%), of two (2) feet if the general slope of the Platmea Distriet Development is three percent (3%) or more and less than ten percent (10%) or of five (5) feet if the general slope of the Plaimea Distriat Development is ten percent (10%) or more. All benchmark references shall be based on National Geodetic Vertical Datum of 1929. 24.04.06Water System. The approximate location, size and capacity of water mains intended to serve the site, including the off site routing and connection to an existing water main. DRAFT Ordinance No. Z-4##-04 DRAFI' 43 24.04.07Sanitarv Sewer Svstem. The approximate location, size, capacity and direction of flow of sanitary sewer mains and lift stations, including the off site routing and connection to an existing sanitary sewage main. 24.04.08 Storm Drainage System. The approximate location, size, capacity and director of flow of all major elements of the storm drainage system. If storm sewers (or similar types of system) are proposed, show proposed connection to main system or method of disposition into stream, retention reservoir, etc.; distance to stream outlet; and, if appropriate, approximate size and location of lift stations. If surface drainage is proposed, show approximate location of major swales and typical cross-section of swales, roadside ditches, grassed waterways, water courses, open ditches, curbs and gutters, approximate location and size of culverts, and method of disposition into streams, retention reservoir, etc. If subsurface drain tile is proposed, show typical connection to storm sewer, outlet in open drain, retention reservoir or other adequate outlet. 24.04.09 Easements. The approximate location and widths of all existing easements, including stating their use for drainage, utilities or other purposes. 24.04.10Flood Plains. The location of any flood plains, as indicated by the Flood Plain Districts (FP, FF and FW) cited herein. 24.04.11 Landscaping. A general description of proposed landscaping. Existing wooded areas should be noted on the plan. 24.04.12 Lavout. Approximate locations of the various features which will make up the PllHmed Development. This should form a conceptual plan citing approximate densities and proposed uses. 24.04.13 Other Parcels of Land~ Parcels of land proposed to be dedicated or reserved for public schools, parks, playgrounds or other public use. 24.04.14North Point and Scale. Both shall be shown on all sheets of the PrelimHlary Development Plan. 24.04. I 5 Legends and Notes. Legends, notes, approximate total acreage within the Plaooea Development Plan that would affect the Plaooed Development favorably or adversely. 24.05 Reauirements for PreI:imiBary' Supporting Documentation. The developer sf 1:he proposed Plaaaea Dism.et shall, as dictated by the proposed development, submit two (2) copies, or more if necessary, of the following items to provide supplemental information to the PrelimiBary Development Plan application: 24.05.01 Area Location Map. An area location map at a scale of one inch equals one thousand feet (I" = 1000'). The map shall show the proposed PlaBBed Development and surrounding area. The area location map may be prepared on an existing base map and shall show the following: The outline of the proposed Planned Development, its name and location; Existing adjacent uses; Existing adjacent zoning classifications and proposed uses; 1. 2. 3. 4. 5. Any thoroughfares directly related to the proposed Plaooea Development; Watershed boundaries, number of acres within each watershed involved and the general overland flow pattern; and The title of the area location map, its scale, north arrow, the date the information was placed on the map and the date the base map was prepared. 24.05.02 Soils Map. A soils map and its accompanying report from the Hamilton County Soil and Water Conservation District office showing the soil limitations based upon the intended usage of the land proposed for the PllHmed Distriet Development. 6. DRAFT Ordinance No. Z-4##-04 DRAFT 44 24.05.03 Traffic Studv. A Traffic Study to include a comparative analysis of present volumes on streets bordering the Plaaaea Distriat Development or with a direct bearing on the Plaaaea Distrlat Development versus potential capacity volumes of those streets. Consideration should be made of the effect of the proposed Plaooea Distriat Development and the traffic it would engender, particularly at peak periods. A Circulation Plan which will show recommendations for controlling, signalizing, channelizing, parking, storing and warning both pedestrian and vehicular traffic. 24.05.04Drainage Report. A brief report describing the general elements of the proposed storm water drainage system, including curbs and gutters, storm sewers, open drainage waterways, drain tiles, culverts, retention reservoirs and other necessary appurtenances. Among the necessary items of information are approximate locations, sizes, capacity, and typical cross-sections of the major drainage plan elements. The report should include: 1. reference to legal drains located in the Plaaaea Dismat Development or relating to the PlanBea Distrlat Development; 2. the flooding potential of the PlaBBea Dismat Development; 3. the general design of a storm water system to deal with such flooding potential; and 4. the expected impact of the Plamed Distrlat Development's storm water runoff on any receiving stream or downstream property. Where floodplains, as indicated by FP, FF or FW Districts herein, are involved, a statement from the Indiana Natural Resources Commission to the extent it has jurisdiction shall be required with respect to location of floodways and flood plains. 24.05.05Erosion Control Plan. A statement and general plan setting forth the method of controlling erosion and sedimentation before, during and following development and construction, i.e., temporary seeding, sediment detention basins, erosion prevention devices and other similar means, that meet the Hamilton County Soil and Water Conservation District guidelines for urban development. 24.05.06Service Reports. Service reports or statements, as necessary, may include but not be limited to the following sources: a. police or sheriff's departments; b. fIre departments; c. water and sanitary sewer utilities; d. electric, gas, telephone and cable television utilities; e. city, county or state highway departments; f. Carmel-Clay Schools; g. Hamilton County Health Department, Surveyor, Drainage Board, and Board of Commissioners; h. Hamilton County Soil and Water Conservation District Office; i. Indiana National Resources Commission; J. Carmel Board of Public Works & Safety; k. and the Director. 24.05.07Metes and Bounds Description. AD apJlrsJamate metes and bounds description of the boundary of the tract which the Plaaaea Distriat Development encompasses. 24.05.08 Covenants. A general description of restrictions which will run with the land and become covenants affecting the use of the property within the Plaaaed Diatrlat Development. DRAFT Ordinance No. Z-4##-04 DRAFf 45 24.06 Requirements for Final Development Plan. A FiBal Development Plan may include all or only a part of the area depicted on the PrelimiBary Development Plan that has received Commission approval. If the Fmal Plan is presented in sections for approval, then the applicant shall provide a drawing of the plan of said section with all items included that are required for FiBal Development Plan approval. The original mylar drawing of the Fmal Development Plan and five (5) copies, or more ifnecessary, shall be drawn to a scale of fifty feet to one inch (50' = I") or one hundred feet to one inch (100' = I"), provided that if the resulting drawing would be over thirty-six (36) inches in shortest dimension, a scale recommended by the Director may be used. The Development Plan shall show: 24.06.01 Name. The proposed name of the PI&BBea Development, followed by the words "FiBal Development Plan" and the date of submission or of the latest revision of the Development Plan. 24.06.020wner and Developer Information. Names, addresses and telephone numbers of the owner, developer and Registered Land Surveyor (in accordance with the State Statutes and licensed to do business in the State of Indiana) who prepared the FiBaI Development Plan with his signature, seal and date. Source of title to the land prsflssed as a Planaea included in the Development as shown by the books of the Recorder of Hamilton County, Indiana, as proof of ownership. 24.06.03Exterior Tract Boundaries and Spatial Location Information. Accurate tract boundary lines showing dimensions, angles, bearings, existing monuments, existing markers, reference comers and benchmarks. All shall be described according to recognized practice based on accurate distances and directions with reference to section, township and range. 24.06.04Streets and Rights-of-Way. Accurate locations of all existing (recorded or unrecorded, public or private) and proposed streets and rights-of-way on or adjoining the proposed PlaBBea Development. Names shall be shown, which shall not duplicate the names of other streets in the township, and roadway or pavement and right-of-way widths. 24.06.05 Contours. Contours at vertical intervals of one (1) foot if the general slope of the Plmmed ~ Development is less than three percent (3%), of two (2) feet if the general slope of the Plamed Dismat Development is three percent (3%) or more and less than ten percent (10%) or of five (5) feet if the general slope of the Plamea Dismat Development is ten percent (10%) or more. All benchmark references shall be based on National Geodetic Vertical Datum of 1929. 24.06.06Water System. The accurate location, size and capacity of all water mains, hydrants, valves and other necessary appurtenances on site plus the connection to the off-site water main. 24.06.07 Sanitary Sewer Svstem. The accurate location, size, capacity and direction of flow of all sanitary sewer mains, lift stations and other necessary appurtenances on site plus the connection to the off site sanitary sewage main. 24.06.08 Storm Drainae:e System. The accurate location, size, capacity and direction of flow of all elements of the storm drainage system. If storm sewers (or similar type of system) are proposed, show connection to main system or method of disposition into stream, retention reservoir, etc., and the distance to stream outlet, lift stations, manholes, inlets, junction boxes and other necessary appurtenances. If surface drainage is proposed, show swales, roadside ditches, grassed waterways, water courses, open ditches, curbs and gutters, culverts and method of disposition into streams, retention reservoir, etc. If subsurface drain tile is proposed, show. connection to storm sewer; outline in open drain, retention reservoir; or, other adequate outlet. Subsurface drains shall not outlet into shallow or intermittent open waterways or curbs. DRAFT Ordinance No. Z-4##-04 DRAFT 46 24.06.09Easements. The accurate location and width of all existing and proposed easements, including stating their use for drainage or utilities, including but not limited to water, sanitary sewer, storm sewer, electric, telephone, gas, street lights and cable television. 24.06.10Flood Plains. The location of any flood plains, as indicated by the Flood Plain Districts (FP, FF and FW) cited herein. 24.06.11 Landscaping and Lighting. General locations of existing and proposed trees, shrubbery and screening materials as necessary. Accurate locations and type of proposed street and outdoor lighting as necessary. 24.06.12Layout. Approximate locations of the various features which will make up the PlaBBtla Development, not otherwise mentioned herein, including but not limited to buildings, lots, storage areas and parking areas. This should form a Conceptual Plan citing approximate dimensions and proposed uses. 24.06.13 Other Parcels of Land. Parcels of land proposed to be dedicated or reserved for public schools, parks, playgrounds or other public use, private recreational facilities for the use of the people within the PlaBBea Development and any other areas to be used for community purposes. 24.06. 14North Point and Scale. Both shall be shown on all sheets of the Development Plan. 24.06.15Legends and Notes. Legends, notes, total acreage within the Plamlea Development, proposed densities and zoning classification. 24.06.160ther Features. Other features or conditions shall be shown on the Development Plan that would affect the PlaBBea Development favorably or adversely. 24.07 Reauirements for Final SURPorting Documentation. The developer ef the prepesed PlaBBEld Diskiet shall, as dictated by the proposed development, submit two (2) copies, or more if necessary, of the following items to provide supplemental information to the Final Development Plan application except that if there is no substantial change in the Final Development Plan from the Preliminary Plan, then the item submitted with the Preliminary Plan shall satisfy the requirements of this Section 24.07. 24.07.01 Traffic Study. A traffic study to include a comparative analysis of present volumes on streets bordering the Planned District or with a direct bearing on the Planned District versus potential capacity volumes of those streets. Consideration should be made of the effect of the proposed Planned District and the traffic it would engender, particularly at peak periods. A circulation plan should be included for all existing and proposed streets, both public and private, which will show recommendations for controlling, signalizing, channelizing, parking, storing and warning both pedestrian and vehicular traffic. 24.07.02Drainage Plan. Detailed drawings and construction plans for all elements of the storm water drainage system, including curbs and gutters, storm sewers, open drainage waterways, drain tiles, culverts, retention reservoirs and other necessary appurtenances, shall be included. Among the necessary items of information are locations, grades, sizes, capacity and typical cross-sections of the drainage plan elements. A report shall be included concerning: 1. legal drains located in the Planned District or relating to the Planned District, 2. the flooding potential of the Planned District, 3. the design of the storm water system to deal with such flooding potential and 4. the expected impact of the Planned District's storm water runoff on any receiving stream or downstream property. Where flood plains as indicated by FP, FF or FW Districts herein, are involved, a statement from the Indiana Natural Resources Commission to the extent it has jurisdiction shall be required with respect to location of floodways and flood plains. DRAFT Ordinance No. Z-4##-04 DRAFT 47 24.07.03Erosion Control Plan. A statement and plan setting forth the method of controlling erosion and sedimentation before, during and following development and construction, i.e., temporary seeding, sediment detention basins, erosion prevention devices and other similar means, that meet the Hamilton County Soil and Water Conservation District guidelines for urban development. 24.07.04Landscapin~ Plan. A detailed plan of the existing and proposed landscaping showing location, kind and caliper measurement size of trees, shrubbery and screening materials, as appropriate and required by the Plan Commission. 24.07.05 Lightinl! Plan. Specifics are required concerning the easements, locations, size, height, type and wattage of proposed street and outdoor lighting. 24.07.06Signage Plan. All exterior signage proposed to be located in the Planned Development, subject to approval and obtaining of a sign permit prior to erection under the requirements of the Sign Ordinance, shall be shown and conformance or non-conformance with said Ordinance shall be so noted. 24.07.07Service Reports. Service reports or statements, as necessary, may include but not be limited to the following sources: police or sheriff departments; fire departments; water and sanitary sewer utilities; electric, gas, telephone and cable television utilities; city, county or state highway departments; Carmel-Clay Schools; Hamilton County Health Department, Surveyor, Drainage Board, and Board of Commissioners; Hamilton County Soil and Water Conservation District Office; Indiana Natural Resources Commission; Carmel Board of Public Works; and Director. 24.07.08 Other Procedural Approvals. Should other procedures related to the development of the Planned District, such as subdivision platting, special use approval, variance approval, or zoning approval be necessary, the procedures shall be pursued prior to or simultaneously with the Final Development Plan approval procedure. Under no circumstances shall a Final Development Plan approval be approved while any other procedures relating to the application are pending. It shall be the responsibility of the applicant to provide verification to the Commission that all other approvals related to the Final Development Plan are complete and in proper form prior to Final Development Plan approval. 24.07.090ther Construction Plans. Other specific construction plans shall be submitted as necessary detailing information on, but not limited to, streets, lighting, sanitary sewer system, storm water drainage system, curbs and gutters, sidewalks and the related appurtenances. The required information shall include locations, grades, sizes, capacities, typical cross-sections and so forth. These plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed to do business in the State of Indiana in accordance with State Statutes. 24.07.10Metes and Bounds Description. An accurate metes and bounds description of the boundary of the tract which is subject to Final Development Plan approval. 24.07.11 Covenants. A list of the restrictions, if any, which will run with the land and become covenants affecting the use of the property within the area subject to Final Development Plan approval. The approved covenants shall be recorded with the Recorder of Hamilton County, Indiana. 24.07.12Construction Timetable. A construction timetable or schedule shall include the approximate timing of completion and/or occupancy of the improvements proposed in the area subject to Final Development Plan approval. 24.07.13 Certification of Dedication. Certification of dedication of streets, rights-of-way and other public property to the proper authorities, except so much thereof as are intended to remain private. 24.07.14Certificate of Commission Approval. Certificate of approval by the Commission shall be on each and every sheet of the Development Plan. DRAFr Ordinance No. Z-4##-04 DRAFT 48 24.07.15Exterior Elevations. Renderine:s. Etc. Exterior elevations, renderings depicting the exterior materials to be used, and a list of exterior materials relating to all buildings and other structures proposed in the area subject to Final Development Plan approval, together with Lighting, Landscaping and Signage Plans, shall be submitted to the Commission in order to better define the intent of the proposed development in the Planned District. The architectural design should reflect a. unified design which is in character and proper relationship with the surrounding area. Unless required by the Commission, this Section 24.07.15 shall not apply to detached, single-family residences. DRAFT Ordinance No. 2-4##-04 DRAFT 49 CHAPTER 25: ADDITIONAL USE REGULATIONS fa. Adopt Section 25.07.02-14: Old Meridian District to read: 25.07.02-14 Old Meridian District. This section applies to all land uses located on properties within the zones established pursuant to Chapter 20G: Old Meridian District. The signage requirements in Section 25.07.02-01 through 25.07.02-12 of this Ordinance apply, except where superceded by the provisions of this section. a) SIGN CLASSIFICATION: As allowed pursuant to the signage requirements in Section 25.07.02-01 through 25.07.02-12, unless otherwise specified below. 1. 20G.OS.Ol: Single-Familv Attached Zone (OM-SFA): a) No permanent exterior signs of any kind will be allowed except: (i) House numbers established in accordance with Section 25.14: Premises Identification, and (ii) Nameplates established in accordance with Section 25.07.02-03: Home Occupation and Boarding House (ResidentioJ Zone). 2. 20G.OS.02: Multifamilv Housing Zone (OM-MF): a) Limited to Suspended Signs, Projecting Signs, Porch Signs, or Wall Signs. 3. 20G.OS.03: Village Zone (OM-V): (a) Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations of Section 25.07.02-13: Old Town Carmel shall apply to the Village Zone. (b) Exempt Signs: All signs designated as exempt in Section 25.07.01-03 of the Sign Ordinance, except as noted in Section 20G.05.07(E)(5). (c) Prolnbited Signs: The provisions in Section 25.07.01-04 shall apply. The following signs are also prohibited: (1) Ground Signs, or other free standing signs. (2) Signs which contain blinking, pulsing, or moving components. 6) 20G.OS.06: Special Use Zone (OM-Sm: (a) See 25.07.02-07: Special Use and Use Variance Sign. 7) 20G.OS.07: Meiier Zone (OM-M): (a) Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations pertaining to Old Town Carmel, Section 25.07.02-13 shall apply to the Meijer Zone. (b) Exempt signs: All signs designated as exempt in Section 25.07.01-03 of the Sign Ordinance, Ordinance No. Z-302. (c) Prohibited signs: The provisions in Section 25.07.01-04 shall apply. Signs which contain blinking, pulsing, those with moving components are also prohibited. b) NUMBER & TYPE: As allowed pursuant to the signage requirements in Section 25.07.02- 01 through 25.07.02-12, unless otherwise specified below. 7) 20G.OS.07: Meiier Zone (OM-~: DRAFT Ordinance No. 2-4##-04 DRAFT 50 (e) Two (2) monument signs no larger than sixty (60) square feet are allowed for a single user of the existing Meijer store, with one (1) sign located at the existing street cut on Old Meridian Street, in the Village Zone, and the other sign being located in accordance with the plans approved by the Commission, Docket No. 22-91 ADLS/DP. (f) Signage for the Convenience Store shall be permitted, consistent with Section 20G. 05.07(E)(1), and subject to ADLS approval. c) MAXIMUM SIGN AREA: As allowed pursuant to the signage requirements in Section 25.07.02-01 through 25.07.02-12, unless otherwise specified below. 2. 20G.05.02: Multifamily Housing Zone (OM-MF): (1) Suspended Signs: Twelve (12) square feet (2) Projecting Signs: Twenty (20) square feet (3) Porch Signs: Six (6) square feet (4) Wall Signs: Sixteen (16) square feet (5) Ground Signs, or other freestanding signs are not permitted. 4. 20G.05.04: Mixed Use Zone (OM-MU): (2) Wall Signs shall not exceed thirty-two (32) square feet. 5) 20G.05.05: Office Zone (OM-O): (a) Ground Signs shall not have a Sign Face that exceeds twenty-four (24) square feet. (b) Wall signs shall not exceed thirty-two (32) square feet. d) MAXIMUM HEIGHT OF GROUND SIGN: As allowed pursuant to the signage requirements in Section 25.07.02-01 through 25.07.02-12, unless otherwise specified below. 4) 20G.05.04: Mixed Use Zone (OM-MU): (1) Ground Signs shall not be taller than four (4) feet. 5) 20G.05.05: Office Zone (OM-O): ( a) Ground Signs shall not be taller than four (4) feet. e) LOCATION: Signs shall not interfere with Vision Clearance. As allowed pursuant to the signage requirements in Section 25.07.02-01 through 25.07.02-12, unless otherwise specified below. 2. 20G.05.02: Multifamily Housing Zone (OM-MF): (1) Wall Signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building (Figure ##) (2) No sign shall extend above the cornice line of the building. 3. 20G.OS.03: Village Zone (OM-V): (d) Wall signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. (Figure ##) (e) No sign may extend above the cornice line of the building. (f) Signs may also be painted in white graphics in storefront or upper floor windows. (g) Signs may also be imprinted on permanent awnings. DRAFI' Ordinance No. Z-4##-04 DRAFI' 51 4) 20G.05.04: Mixed Use Zone (OM-MU): (b) Wall signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. (Figure ##) (c) No sign may extend above the cornice line of the building. 7) 20G.05.07: Meiier Zone (OM-M): ( d) Wall signs must fit within the horizontal and vertical elements of the building and not obscure details of the building. (Figure ##) No sign shall be allowed to extend above the cornice line of the building. f) DESIGN: As approved. 3. 20G.05.03: Village Zone (OM-V): (h) Tenants should strive for a unique graphic image, rather than be required to conform to a single graphic style for the whole building. (i) Providence at Old Meridian. The sign package adopted with Ordinance No. Z-338, Providence at Old Meridian Plan Unit Development District shall be allowed as approved. g) ILLUMINATION: As approved. h) LANDSCAPING: A landscaped area equal to the total sign area is required for all Ground Signs established in the Old Meridian District. i) REQUIRED APPROVAL: Must be approved by the Commission, and sign may be established any time after final plans are approved. j) SIGN PERMIT: Required k) FEES: Required. 1) Specific District Requirements: 8) 20G.05.08: Mixed Medical Zone (OM-MM): (a) The provisions of the CaHBeYClay Sign Ordinance, Ordinance No. Z- 302, shall apply, except as noted below. (1) For a building with multiple tenants or occupants and which is in excess of 10,000 square feet of gross building area located on a site by itself, or for multiple buildings located on an integrated site with a shared entrance, a single freestanding monument sign located at the entrance of the site and within the front setback shall be permitted. Each sign face (maximum of two (2) faces per sign) shall not exceed sixty (60) square feet in total area. It must be landscaped at the base of the sign. (2) A building not described in Subsection (a) above, shall be identified by the use of a ground sign which shall not be taller than four (4) feet, and have a sign face that does not exceed thirty-two (32) square feet. (3) Wall signs shall not exceed thirty-two (32) square feet. (4) Directory signs are permitted in accordance with the Sign Ordinance Z-302. (b) Wall signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. (Figure 23) DRAFT Ordinance No. Z-4##-04 DRAFT 52 (c) No sign may extend above the bottom of the roofline or, in the case of flat roofs, the cornice line of the Building. b) NUMBER & TYPE: One (1) Identification Sign per business in a Single-tenant Building or a Multi-tenant Ground Floor Building. One (1) Building Identification Sign per Multi-tenant Ground Floor Building or Multi-tenant Multi-level Building is permitted if seven (7) or more businesses occupy the same building. In no instance shall any building or Multi-tenant Building Complex have more than one (1) Ground Identification Sign. If the Identification Sign is to be used for tenant identification then all building tenants shall equally share the Sign Area as per appropriate chart. This includes the Center Identification Ground Sign - all copy shall be included on only one (1), Ground Identification Sign. c) MAXIMUM SIGN AREA: i) Twenty (20) square feet for a Projecting Sign; ii) Twelve (12) square feet for a Suspended Sign; ill) Six (6) square feet for a Porch Sign. d) MAXIMUM HEIGlIT' OF GROUND SIGN (Suspended): Eight (8) feet. e) LOCATION: No Ground Sign shall be located closer than five (5) feet to the right-of-way and shall not interfere with Vision Clearance. A Projecting Sign may be utilized only when the building on which it is to be established has a Front Yard with a depth of less than five (5) feet. A Projecting Sign shall be located a minimum of two (2) feet behind the curb and shall measure a minimum distance of eight (8) feet from the bottom of the sign to ground level. f) COLOR & DESIGN: No restrictions except for those signs which require approval by the Commission. However, signs in Unified Centers must be of similar design and identical in lighting, color, height of sign area and style of construction. g) COPY: As per definition ofIdentification Sign. h) ILLUMINATION: Permitted. i) LANDSCAPING: Optional. j) REQUIRED APPROVALS: All permanent signs requiring a permit that are established in the B-4, B-7, B-8, M-3 or U.S. Highway 31 Overlay Zone require Commission approval. k) SIGN PERMIT: Required 1) FEES: Required CHAPTER 26: ADDITIONAL HEIGHT, YARD, & LOT AREA REGULATIONS th. Amend Section 26.01: Additional Height Requirements; SOl to read as follows: 26.01 Additional Height Requirements. 26.01.01 In the 8-1, 8-2, R-l, R-2, and R-3 Residential Districts limiting height to n\'eBty five ~ thirty-five (35) feet, a D';:elliBg may be iBereased iB height to t1:Hrt)' f.i.ve (35) feet flro'lidecl. the required Side and Rear Yards are increased an additional foot for each foot such Structure exceeds twenty-five (25) feet in height. CHAPTER 27: ADDITIONAL PARKING & LOADING REGULATIONS fc. Adopt title 27.01: Computation of Number of Required Spaces for Section 27.01. DRAFT Ordinance No. Z-4##-04 DRAFT 53 CHAPTER 28: NONCONFORMING USES & EXEMPTIONS fd. Amend Section 29.01: The City Council; S29.01.02 to read: 29.01.02 Consider amendments to the Official Zoning ~ Map. CHAPTER 29: ADMINISTRATION fe. Amend Section 29.02: The Commission; 29.02.02 to read: 29.02.02Advise the City Council in writing on amendments to the Official Zoning ~ Map. ff. Amend Section 29.02: The Commission; 29.02.03 to read: 29.02.03 Consider Development Plan and ADLS applications for PIllB:fted all applicable Primary Zoning Districts. fg. Repeal the text of Section 29.04.02: Improvement Location Permits in its entirety: 29.04.02Irnprovement Location Permits. .J.. UBless athern<ise eJlelHQes, it shan Be 1:!Bl.a'.vfal to eElBStruet, alter, repair, remove or demelisB allY BwldiBg ar stmetufe, or ta eommeftse eOBStIUeaaB, ar akeraaaR af real estate, Wit:helit first ffiiBg a vlfi.tt:eR aflPlieatioR wHk the Direetar &BS aatammg &B Impro'/emeat Laeat:ioR Permit. ~. Every IlJlplieat:ioR fer all ImprO'lemeRt LaeatioR Permit shaR, ',:heR applieable, be aeeampames BY: a. a Site PllHi, em-wR to seale, showiag leeations ef pr9Jlased aRd existiag imprevemeats, easemeBts aBEt rights af way aBEt the appropriate dimeBSieBS; 9. a legal deseriptioB af the real estate iavolved; e. a sewer or septie permit, as appropriate; d. builamg ele'/ations eR aR fear sides of the proposes imprOVemElRt; aad, e. the Beeessary detailed eOBStruetieB plaRS. lB iastaaees where BflPHeaaeR fer &B Impro'/emeat LoeatiaR Permit is made for a Busmess, iaSliStrial, maaufaetariag, iastitatiaR ar B.'l:l:!ltiple family stIUetIHe, the Direeter may r-elilHfe detailed pIaRS &Ba iBfermatioR eafteemiag vehieulai' aBEt peGestriaB traffie, parkiBg faeilities, laaElmg faeil#ies, l:ightiag, feaeiBg, laadseapHig, v:ater aRd saai-tary sewage faeilities, storm water draiBage faeilities, signage, easemeats, eommeR faeilities and apeR spaces, f.dmi-Bistrati'/e BlHldiBg COlHieil approvals aBEt so ferth. ;. The Direetor shall appro'le or deRY the ImprovemeRt LoeatiaR Permit ';v4thiB five (5) workiBg days of the reeeipt of the writteR applieaaBR form aBEt aeeompaayiag materials. The ImprO'lemeRt LaeatioR PeHBit shall be iSSHea ..'illeR the proposed struetufe, improvemeat or use BRa its 10eatiaR eomorm Hi aU respeets to this OrdiBlmee. 4. The Direetor shall issue aB lmpra'lemeat Loeat:iaR Permit for a '/ariaaee ase, a speeial lise, &B appeal lise or a PlaBBed Distriet \:ISe oBly after the apf.lrepriate appro'lals have beeR graated. ~. No Impre'femeat LoeatieR Permit shall Be iss\:led for the ereetiall, reeoastmetioR or struetufal alter-atiaR af &BY tn1ildiBg berare applieatioR has beeR maGe far a Certifieate of Oeeupaaey. e. The Direetor, d1:1riag his re'liew Bf lmprovemeRt Leeatiaa Permits, shall assure that aR NatioBal Floed lBsuraaee Program regulat:ioBS pertaiBiBg to State aBEt FeGeral permits, sliBeYAsieR re'liew, Blebile heme tie eewR staRdards, litiliiy eOBSwetion, reeBre keepmg, DRAFT Ordinance No. Z-4##-(J4 DRAFT 54 '.vater eemse alteraaeD aaa mamteBaBee aDa Building permit review preeeaares have eeeD met. th. Repeal Section 29.04.03: Certificate of Occupancy in its entirety: 29.04.93 Certifieate ef Oeeullanev. +. No laaa shall ee eecupiea er used aB6 Be eailamg hereafter eraeted, reeeBStruetea or strue-turaYy altere a shall be aeeiipiea er ased, in. v.<hale er in part, fer aay parpese whatsee'/er, Wltil a Certificate ef Oesupaaey shaR have beeD issued by the Directer statiBg that the BuileiBg aftd use eemply with all of the previsioas af this OreliBaBee applisable to the BuileiBg, Jlfemises er the ase of the wstnet in. whish it is to ee loeated. ~. UpOD eeHlflletioD of the improvement ea'lered By the Impra'lemeBt LoeMioR Permit requiring a Certifieate ef Ossupaaey, the Directer shall speet the premises aBEl, if his speetiaD shall re'leal that the imtlro'lemeDt has BeeR sompleted iB suestaBtial seBfermity yfi.t:h this OramaBee aaa all edier sit)' sedes Elr aaeptea state er Batioaal eedes, he shall issue a Certiiieate efOeeupllfiey. ~. .". Certifieate ef Oeeapaacy shall Be applied far eeiBeideBtaYy \':ith the applieatieB fer aft IHlflra'/emeBt LaeaaeD Permit aa8 shall be issued 'llithiB tea (19) says after the lawful ereetiea, feeeastruetiaB or stmetar'ill alteratiaR af saeh BuileiBg ar ather imprayemeBt of the premises shall have BeeB eeHlflletea afta iBsfleeted aad llflpra'led by the Direetar. fi. Amend Section 29.04.02: Improvement Location Permits to read: 29.04.02Imorovement Location Permits and Certificates of Occupancy. See Carmel City Code; Chapter 7: Building Code; Article 3: Specific Regulations. fj. Adopt Section 29.04.03: unassigned. fk. Amend Section 29.04.04: Records of the Director; j6 to read: 6. Files on all activities of the Board of Zoning Appeals, the City Council and the Plan Commission, such as for the subdivision platting process, appeals, variances, special uses, Development Plans fer pllmBea 8istriets, zoning amendments (text and map changes), nonconforming use determinations and zoning district boundary determinations. Said files should include, but not be limited to, application forms, newspaper published legal notices, record of the notice to adjoining and abutting property owners, plans and other required or necessary information concerning the application and minutes of the applicable body that pertain to the application. fl. Amend Section 29.05: The Clerk-Treasurer to read: 29.05 The Clerk-Treasurer. It shall be the duty of the Clerk-Treasurer to retain the official copy of the Zoning Ordinance and all amendments thereto and the Official Zoning 6istRet Map. All official zoning materials shall be available for public viewing in the office of the Clerk-Treasurer during normal office hours. DRAFT Ordinance No. Z-4##-04 DRAFT 55 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance No. Z-4##-04 PASSED by the Common Council of the City of Carmel, Indiana this day of , 2004, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby, District 2 Ronald E. Carter, President Pro Tempore Brian Mayo, District 3 Fred Glaser, District 5 Mark Ratterman, At-Large Joe Griffiths, District 4 Rick Sharp, District 1 ATTEST: Diana 1. Cordray, IAMC, Clerk-Treasurer DRAFI' Ordinance No. Z-4##-04 DRAFI' 56 Ordinance No. Z-4##-04 Presented by me to the Mayor of the City of Carmel, Indiana this _ day of , 2004, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-4##-04 Approved by me, Mayor of the City of Carmel, Indiana, this _ day of , 2004, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, lAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel Plan Commission Attorney One Civic Square Carmel, IN 46032 DRAFf Ordinance No. Z-4##-04 DRAFT 57