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Home My WebLink AboutZ-509-07 Amend Denied Time Limits/BZA0 0 Sponsor: Councilor Seidensticker ORDINANCE Z-509-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Amending the time limits of applications denied by the Board of Zoning Appeals in the Cartnel 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, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the zoning ordinance; and WIIEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the Carmel Zoning-and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Caramel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 07060024 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, August 21, 2007, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), as amended, to read as follows: Section I: ZO CHAPTER 21: SPECIAL USES & SPECIAL EXCEPTIONS a. Amend Section 21.02.05 to read: 21.02.05 Approval or Denial of the Special Use or Special Exception Application by the Board. Upon approval of the Special Use or Special Exception; the Board shall inform the Director that he may issue Improvement Location Permits for the Special Use or Special Exception and inform the applicant of the time limits set forth in Section 21.02.07. The Board shall inform the applicant that he may apply to the Director for Improvement Location Permits for the Special Use or Special Exception, if necessary, or may commence the Special Use or Special Exception if no permits are required. Failure of the Director to inform the applicant of the. time limits set forth in Section 21.02.07 shall not relieve the applicant of complying with said Section. A Special Use or Special Exception application that is denied by the Board is ineligible to be placed again on the Board's agenda for consideration until the legality of the Board's decision is finally determined by a court, pursuant to judicial review according to the Advisory Planning Law, or for a period of twelve (12) months following the date of the denial, whichever is later. In 09/21/2007 Ordinance Z-509-07 1 0 & addition, whenever a Special Use or Special Exception application is denied, the property involved in the application may not be the 'subject of a different Special Use or Special Exception application, or any use variance application or rezone proposal, for a period of six (6) months following the date of the denial. ZO CHAPTFR 30: BOARD OF ZONING APPEALS b. Amend Section 30.05.04 to read: 30.05.04AApproval or Denial of the Application by the Board. Following the public hearing on the variance application, the Board shall approve or deny the application. The Board, upon approval of a variance application, may at its discretion determine the length of time the variance shall run. The variance may be permanent or it may be set for a reasonable period subject to renewal upon expiration. The Board shall notify the Director and the applicant of its decision on the variance application, including all conditions contained as a part thereof. The Director shall notify the applicant of the time limits set forth in Section 30.05.05. All further actions taken by the applicant or the Director concerning the situation for which the variance is filed, including the issuance of an Improvement Location Permit, shall be subject to said ruling of the Board. Failure of the Director to inform the applicant of the time limits set forth in Section 30.05.05 shall not relieve the applicant of complying with said Section. A use variance application that is denied by the Board is ineligible to be placed again on the Board's agenda for consideration until the legality of the Board's decision is finally determined by a`court, pursuant to judicial review according to the Advisory Planning Law, or for a period of twelve (12) months following the date of the denial, whichever is later. In addition, whenever a use variance application is denied, the property involved in the application may not be the subject of a different use variance application, or any Special Use or Special Exception application or rezone proposal, fora period of six (6) months following the date of the denial. The Board may include, in its Rules of Procedure, reasonable time limits respecting the future consideration of development standards variance-applications that are denied by the Board. 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. 09121/2007 Ordinance Z-509-07 2 0 C Ordinance 7,,5?0`9-07 PASSED by the Common Council of the City of Carmel, Indiana this ) ct day of I `? , 2007, by a vote of - ayes and 6 nays. COMMON COUNCIL FOR THE CITY OF CARMEL IA2 P siding Officer Kevin ' y Tempore Mark Rattermann W. Eric Seide sticker Richard L. arp ATTEST: aa4x?- Diana L. Cordray,IAMC, Clerk- r asurer 09121/2007 Ordinance Z-509-07 3 0 0 Ordinance Z-509-07 Presented by me to the Mayor. of the City of Carmel, Indiana this a04-'-dayof0twvmD??S2007,at 9'a8 A-.M. A"V? Diana L. Cordray, TAMC, Cler reasurer Sf Ordinance Z-509-07 Approved by me, Mayor of the City of Carmel, Indiana, this a l day of N eLWYA X , 2007, at t o' 4 3 A.M. A I J es Brainard, Mayor ATTEST: Diana L. Cordray, [AMC, Clerk- •easurer Prepared by: John R. Molitor Carmel Plan Commission Attorney One Civic Square Carmel, IN 46032 09/21/2007 Ordinance Z-509-07 4 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO.INDIANA CODE 36-7-4-605 ORDINANCE Z-509-07 An Ordinance to Amend Chapter 21: Special Uses & Special Exceptions and Chapter 30: Board of Zoning Appeals of the Zoning Ordinance. To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Advisory Plan Commission offers you the following report on the application to the Commission (Docket No. 07060024 OA) to Amend Chapter 21: Special Uses & Special Exceptions and Chapter 30: Board of Zoning Appeals of the Zoning Ordinance, in order to modify the development standards. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting on August 21, 2007 the Commission voted nine (9) in Favor, one (1) Opposed (Carol Schleio, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance 2-509- 07 with a Favorable Recommendation. Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36-74- 607(e)(3), the Council has ninety (90) days to act-on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of the original Certification (August 24, 2007) is Thursday, November 22, 2007. CARMEL LAN COMMISSION BY o Dierc man, President LJ AT I SST: , Ra ona Hancock,'Secretary C rmel Advisory Plan Commission Dated: August 24, 2007 2007-0823; Z-509=07; BZA Lockout Periods Amend PC Certification. Received AUG 2 4 2007 Carmel Clerk•7'rea.surer