HomeMy WebLinkAboutPacket 07-17-07 Plan Commission
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City of Carmel
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date:
To:
From:
July 6, 2007
Plan Commission Members
Adrienne Keeling . .Jr:K
Department of Community Services
Re:
July 17th Plan Commission meeting - Docket No. 07060024 OA
Enclosed is the information packet for the following item. If you have any questions, please give me a
call at 571-2417.
4H. Docket No. 07060024 OA: BZA Lockout Periods Amendment
The applicant seeks to amend the Zoning Ordinance, Chapter 21: Special Uses &
Special Exceptions and Chapter 30: Board of Zoning Appeals, in order to clarify the
time limits of applications denied by the Board of Zoning Appeals.
Filed by the Carmel Department of Community Services.
The enclosed amendments are proposed to differentiate and clarify the time limits on applications denied
by the Board of Zoning Appeals. Currently, the zoning ordinance prescribes a twelve (12) month waiting
period, or "application lockout period," for all variances. The proposed amendment would specify that
the ordinance lockout period apply to USE variances (UV). Waiting periods for other types of
applications, including Special Uses (SU) and Special Exceptions (SE), would still apply as written in the
zoning ordinance. A variance would be required to waive the lockout period.
Concurrently, the Department is bringing forth a separate proposal to amend the six (6) month waiting
period set forth in the BZA Rules of Procedure to apply only to DEVELOPMENT STANDARDS
variances (DSV). This allows the Board to waive the lockout period for a DSV via a suspension of the
Board's rules.
2007-0706; 07060024 OA; PC Memo
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ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2417
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I Sponsor: Councilor
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3 ORDINANCE Z-###-07
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
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7 An Ordinance Amending the time limits of applications denied by the Board of Zoning Appeals
8 in the Carmel Zoning Ordinance
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10 WHEREAS, pursuant to the Advisory Planning Law of the State oflndiana (contained in
II IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances
12 must first approve by resolution a comprehensive plan for the geographic area over which it has
13 jurisdiction; and
14 WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket
15 No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan
16 Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
17 Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
18 the City of Carmel and Clay Township; and
19 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning
20 Ordinance; and
21 WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to
22 amend the text of the zoning ordinance; and
23 WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-
24 1600-02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference
25 into the Carmel City Code;
26 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
27 Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 07060024 OA
28 having received a recommendation from the Carmel Advisory Plan
29 Commission on Tuesday, MONTH DAY, 2007, it hereby adopts this Ordinance to amend the
30 Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), as amended, to read as follows:
31 Section I:
32 ZO CHAPTER 21: SPECIAL USES & SPECIAL EXCEPTIONS
33 a. Amend Section 21.02.05 to read:
34 21.02.05 Approval or Denial of the Special Use or Special Exception Application by the Board. Upon
35 approval of the Special Use or Special Exception, the Board shall inform the Director that he may
36 issue Improvement Location Permits for the Special Use or Special Exception and inform the
37 applicant of the time limits set forth in Section 21.02.07. The Board shall inform the applicant that
38 he may apply to the Director for Improvement Location Permits for the Special Use or Special
39 Exception, if necessary, or may commence the Special Use or Special Exception if no permits are
40 required. Failure of the Director to inform the applicant of the time limits set forth in Section
41 21.02.07 shall not relieve the applicant of complying with said Section.
42 A Special Use or Special Exception application that is denied by the Board is ineligible to be
43 placed again on the Board's agenda for consideration until the legality of the Board's decision is
44 finally determined by a court, pursuant to judicial review according to the Advisory Planning Law,
45 or for a period of twelve (12) months following the date of the denial, whichever is later. In
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Ordinance Z-###-07
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I addition, whenever a Special Use or Special Exception application is denied, the property involved
2 in the application may not be the subject of a different Special Use or Special Exception
3 application, or any ~ variance application or rezone proposal, for a period of six (6) months
4 following the date of the denial.
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6 ZO CHAPTER 30: BOARD OF ZONING APPEALS
7 b. Amend Section 30.05.04 to read:
8 30.0S.04Approval or Denial of the Application by the Board. Following the public hearing on the variance
9 application, the Board shall approve or deny the application. The Board, upon approval of a
to variance application, may at its discretion determine the length of time the variance shall run. The
II variance may be permanent or it may be set for a reasonable period subject to renewal upon
12 expiration. The Board shall notify the Director and the applicant of its decision on the variance
13 application, including all conditions contained as a part thereof. The Director shall notify the
14 applicant of the time limits set forth in Section 30.05.05. All further actions taken by the applicant
I S or the Director concerning the situation for which the variance is filed, including the issuance of
16 an Improvement Location Permit, shall be subject to said ruling of the Board. Failure of the
17 Director to inform the applicant of the time limits set forth in Section 30.05.05 shall not relieve the
18 applicant of complying with said Section.
19 A ~ variance application that is denied by the Board is ineligible to be placed again on the
20 Board's agenda for consideration until the legality of the Board's decision is finally determined by
21 a court, pursuant to judicial review according to the Advisory Planning Law, or for a period of
22 twelve (12) months following the date of the denial, whichever is later. In addition, whenever a
23 g variance application is denied, the property involved in the application may not be the subject
24 of a different fi~ variance application, or any Special Use or Special Exception application or
2S rezone proposal, for a period of six (6) months following the date of the denial.~oard ma~
26 ~:i'iilts Rules of1irocedure. reasonable time limits resnecting the future consideration of
27 lievelonment standards variance armlications that are denied bv the Boardl
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29 Section II: All prior Ordinances or parts thereof inconsistent with any proVIsIon of this
30 Ordinance are hereby repealed.
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33 Section III: This Ordinance shall be 10 full force and effect from and after its passage and
34 signing by the Mayor.
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