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HomeMy WebLinkAboutPacket 11-03-03 to City Council " 1:-" " ~ ~ CARMEL CITY COUNCIL November 3, 2003 Z-415-03: PC Docket No. 39-02 OA, Use Table Adoption ~ Z-416-03: PC Docket 40-02 OA, Defmitions Amendments to the Carmel/Clay Zoning Ordinance The petitioner seeks to make amendments to the structure of the Ordinance relating to uses, add defInitions and group all definitions into Chapter Three of the Ordinance. Filed by the Department of Community Services. The Department of Community Services, as petitioner, requests that the City Council adopt a request to amend the defInitions and group all definitions into Chapter Three of the Zoning Ordinance and to make amendments to the structure of the Ordinance, relating to uses. (See attached Ordinances). The CarmeVClay Plan Commission forwards both ordinances to the Connnon Council with a (9-0) Favorable Recommendation (see attached certifications). The Department recommends that these item.s be forwarded to the Annexation and Land Use Committee for further discussion. Background: The proposed table would relocate and replace the use information contained within the entire ordinance. This will make the process of identifying uses permitted within the different zones more efficient. In addition, it will allow the Plan Commission and Department to conduct further review and revision to the table to assure the appropriate uses are pennitted within each zone. At this point we have identified all uses, grouped redundant uses into fewer categories, and ensured that there are clear definitions for each and every use category. Few changes have been made to the uses permitted under the current ordinance other than housekeeping related to grouping of uses and the establishment of new definitions. In addition to providing definitions for each use, we propose to move all definitions within the ordinance to the Defmitions Chapter. Council Repol1 2003-1103 ~ Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-416-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Amending those Sections of the City of Carmel and Clay Township Zoning Ordinance Setting Forth Definitions of Terms WHEREAS, it is in the best interest of the citizens of the City of Carmel and Clay Township to have a Zoning Ordinance that is easy to understand and use; and WHEREAS, relocating definitions currently scattered throughout the text of the Zoning Ordinance to Chapter 3: Definitions will simplify all users' efforts to understand and use the ordinance; and WHEREAS, adding new definitions for terms already fOlU1d in the Zoning Ordinance will aid the users' comprehension of the text of the 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 WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the Cannel/Clay Zoning Ordinance is incorporated by reference into the Cannel City Code; NOW, THEREFORE, BE IT ORDAINED by the Cornman Council of the City of Carmel, Indiana, as follows: Section I: a. Adopt, Amend, and Repeal the following defInitions in Section 3.07: Definitions: ADMINISTRA TOR. See DIRECTOR. The Administrate! of this OrEli:nance shall be the CamlGI Dir-ect0r ofCermn~ Services. The Acl.mHHskatBr is hereby authonzed.and diroeieEl te oIDortJB and carry out all the proyisions Elf this section, both in letter &fin spirit Bad is further ernpO'.vered to delegate the duties aRB f'ov;ers granted to and imposed 1:Jpon him under this OrdiHB:I363. "A.S uSCla iR 1his section, "Admini5trator" shall melude His altth0rized represent~. AGRICULTURE, GENERAL. The use of land for agricultural purposes, including farming, pasturage, horticulture, floriculture, viticulture, and the necessary accessory uses for parking, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to the normal agricultural activities. The term agriculture does not include chemical storage or manufacturing associated with Agriculture. ANTENNA, RADIO OR TELEVISION TRANSMISSION. A signal receiving device, the purpose of which is to receive radio communications or television signal transmissions. ART & MUSIC CENTER. See CENTER, ART & MUSIC. ART GALLERY. A room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised or exhibited to the general public. p. I Ordinance NQ. 2-416-03 ARTIFICIAL LAKE OR POND. See LAKE OR POND, ARTIFICIAL. AUTOMATED TELLER MACHINE (ATM). A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access- controlled facility. AUTOMOBILE OR BOAT SALES. See SALES, AUTOMOBILE OR BOAT AUTOMOBILE OR TRUCK REPAIR (INDOOR). See REPAIR (INDOOR), AUTOMOBILE OR TRUCK AWNING, PER.1\1:ANENT. A permanent shelter supported entirely from the exterior wall of a building and composed of rigid or non-rigid materials. (See definition of WALL SIGN). AWNING, TEMORARY. A temporary shelter, erected and in place for less than six (6) months of any given year, supported entirely from the exterior wall of a building and composed of non- rigid materials except for the supporting framework. One decorative and non-commercial nature, clearly incidental and customary and commonly associated with any national, state, local or religious holiday. BANNER A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere. BASEMENT. A story having part, but not less than one-half (Y.), of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided, used for dwelling purposes other thaB BY B janitor employed 9R the premises, and/or as walk-out access. BED & BREAKFAST. A private, owner-occupied business with two (2) to ten (10) guest rooms where overnight accommodations and a morning meal are provided to transients for compensation and where the bed and breakfast inn. is operated primarily as a business. BONA FIDE SERVANTS QUARTERS. Living quarters, which may include kitchen facilities, that are either attached or detached from the principal residence, used as a residence by persons employed to provide domestic services to the occupants of the principal residence. BRICK YARD. See COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES. BUILDING. A Structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by party walls, each portion of such a Building shall be considered a separate Structure. See also STRUCTURE. See also Section 3.04. BUILDING; MULTI. TENANT, GROUND FLOOR. An office or commercial building, occupied by two (2) or more businesses in which every business occupies space on the ground floor and every floor existing above. BUILDING; MULTI-TENANT, MULTI-LEVEL. An office or commercial building, occupied by two (2) or more businesses, which cannot be classified as a Multi-tenant, Ground Floor Building. BUILDING, SINGLE-TENANT. An office or commercial building in which all space is occupied by one (1) tenant. BUILDING FRONTAGE. See FRONTAGE, BUILDING. p.2 Ordinance No. 2-416-03 CAR WASH. The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment. CARNIVALS, FAIRS, OR CIRCUSES. A traveling or transportable group or aggregation of rides, shows, games or concessions or any combination thereof. CATERING ESTABLISHMENT. An establishment providing meals and/or refreshments for public or private entertainment for a fee. CENTER, ART & MUSIC. A structure or complex of structures for housing the visual and/or performing arts. CENTER; CIVIC, COMMUl\"'ITY, or CONVENTION. A place, structure, area, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community. CENTER, UNIFIED. A grouping of businesses or buildings designed to function as a unit including converted residential structures with more than one (1) occupant space CHANGEABLE COPY. See COPY, CHA.1\fGEABLE. CHARITABLE INSTITUTIONS. See INSTITUTIONS, RELIGIOUS OR CHARITABLE. CHURCH, TEMPLE, OR PLACE OF WORSIllP. A Building, together with its Accessory Buildings and property, where persons regularly assemble fOf religious purposes and related social events and which Buildings, together with Accessory Buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. CIRCUS. See CARNlY ALS, FAIRS, OR CIRCUSES. CIVIC, COMMUNITY, or CONVENTION CENTER. See CENTER; CIVIC, COMMUNITY, or CONVENTION. CIVIL VIOLATION. See VIOLATION, CIVIL. CLUB OR LODGE, PRIVATE. An association organized and operated on a non-profit basis for persons who are bona fide members paying dues, which association O"Wl1S or leases premises, the use of which premises is restricted to such members and their guests, and which manages the affairs of such association by and through a board of directors, executive committee or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. This includes fraternities and sororities. COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES. A use typical to the manufacture of brick or block materials for wholesale distribution. COLLEGE OR UNIVERSITY. An Institution accredited at the college level by an agency or association recognized by the U.S. Secretary of Education and legally authorized to offer at least a one-year program of study creditable towards a degree. COMMITMENT. A covenant concerning the use or development of a parcel of real property which is made in writing by the Owner of that parcel, either voluntarily or in accordance with an order or request of the Commission. COMMUJ\'ITY CENTER. See CENTER; CIVIC, COMMUNITY, or CONVENTION. CONVENTION CENTER. See CENTER; CIVIC, COMMUNITY, or CONVENTION. p.3 Ordinance No. 2-416-03 COPY. The wording on a sign surface either in permanent or removable letter form. COPY, CHANGEABLE. Characters, letters or illustrations that can be changed or rearranged non- electrically or non-electronically without altering the face or surface of the sign. COPY AREA. The area in square feet of the smallest geometric figure(s) which describes the portion of the sign which encloses the actual Copy of the sign. COUNTRY CLUB. A club with recreation facilities for members, their families and invited guests. DATA PROCESSING & ANALYSIS FACILITY. Facility where electronic data is processed by employees, including, without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales and order collection, mail order and catalog sales, and mailing list preparation. DEPARTMENT. The Carmel Department of Community Services. DEVELOPMENT. Existing facilitie~ fs;tnlctures). Any man-made change to improved or unimproved real estate including but not limited to: 1. construction, reconstruction, or placement of a building or any addition to a building; 2. installing a Manufactured Home on a site, preparing a site for a Manufactured Home or installing a Recreational Vehicle on a site for more tban one hundred eighty (180) days; 3. installing utilities, erection of walls or fences, construction of roads, or similar projects; 4. construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; 5. mining, dredging, filling, grading, excavation, or drilling operations; 6. construction and/or reconstruction or bridges or culverts; 7. storage of materials, or; 8. any other activity that might change the direction, height, or velocity of flood or surface waters. "Development" does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent bulIdings. DRY CLEA1\"'ING ESTABLISHMENT \\lITH ON-SITE PLANT. An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry with an on-site plant and tbe maintenance or operation of any laundry or dry cleaning equipment on the premises. DRY CLEANING ESTABLISHMENT WITHOUT ON-SITE PLANT. An establisbment or business maintained for the pickup and delivery of dry cleaning and/or laundry without an on-site plant and without tbe maintenance or operation of any laundry or dry cleaning equipment on the premises. DWELLING, SINGLE-FAMILY. A residential building containing only one (1) Dwelling Unit and not occupied by more than one (1) Family. Pursuant to Ie 12-28-4-7, a Group Home for the mentally ill shall be treated as if it were a Single-Family Dwelling, unless the Group Home will be located p, 4 Ordinance No, Z-416-03 within three thousand (3,000) feet of another Group Home for the mentally ill, as measured between lot lines. Pursuant to Ie 12-28-4-8, a Group Home for not more than eight (81 ten (10) developmentally disabled individuals which is established under a program authorized by Ie 12- ll-l.l-l(e)(I) or Ie l2-11-1.1-1(e)(2) shall be treated as nit were a Single-Family Dwelling. EQUIPMENT SALES & REPAIR. The use of land, buildings or structures for the sale, storage or repair of equipment and machinery, which may include but is not limited to farm implement sales and repair and small engine sales and repair. ESTABLISH. In reference to signs, this term shall mean attach, alter, construct, paint, or move. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. See MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. See MANUFACTURED HOME PARK OR SUBDIVISION, EXPANSION TO AN EXISTING. FAIR. See CARNIVALS, FAIRS, OR CIRCUSES. FBFM. Flood Boundary and Floodway Map. FEED STORE. An establishment engaged in the retail sale of supplies directly related to the day-to- day activities of agricultural production. FEMA. Federal Emergency Management Agency. FHBM. Flood Hazard Boundary Map. FIRM. Flood Insurance Rate Map. FINANCIAL INSTITUTION. See INSTITUTION, FINANCIAL. FISCAL OFFICER. See OFFICER, FISCAL. FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. FLOOD, REGULATORY. Means the flood having a one percent (1 %) probability of being equaled to or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resource Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section 22.04 of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood." FLOOD R~LZ.ALRD f.REl'.K The flood plain &reas i'B.at have Bot beeR adequatelypretceted from flooding e.y means of cli!cos, le'/ees, reservoirs and other \yerks approved by tae fudiana Nataral Resources Commission. FLOOD HAZARD AREA, SPECIAL. See SFHA or SPECIAL FLOOD HAZARD AREA. FLOOD PLAIN. ThG area along a :a.arnritl watercOlHse which is periCldieally overflov.0d by watcF therefrom. FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake, or watercourse which have been and hereafter may be covered by the Regulatory Flood. The floodplain includes both the Floodway and the Floodway Fringe districts. p.5 Ordinance No. 2-416-03 FLOOD PROTECTION GRADE (FPG). The elevation of the regulatory flood plus two (2) feet at any given location in the SFHA. FLOODW A Y. The channel of a river or a stream and those portions of the Floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the Regulatory Flood of any river or stream. FLOODW A Y FRINGE. Those portions of the Floodplain lying outside the Floodway. FLOOR, LOWEST. Means the lowest floor of the following; 1. the top of the basement floor; 2. the top of the garage floor, if the garage is the lowest level of the building; 3. the top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings, or; 4. the top of the floor level of any enclosure below an elevated building where the walls of the enclosure provided any resistance to the flow of flood waters unless: a. the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two (2) openings (in addition to doorways and windows) having a total area of one (1) square inch for everyone (1) square foot of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one (1) foot above grade. b. such enclosed space shall be usable for the parking of vehicles and building access. FOOD STAND. A structure llsed for the display and retail sale of food products with no space for customers within the structure itself. FRATERNITY. See CLUB OR LODGE, PRIVATE. FREEWAY. State Road 431, U.S. Hwy. 421, U.S. Hwy. 31 and Interstate 465. FRONTAGE, BUILDING. The linear length of the primary frontage of the building or segment thereof facing the street on which the sign shall be established. (Applies to Ground Floor only). FRONTAGE, PROPERTY. The length of property line of anyone premises parallel to and along one (1) public and/or one (1) private street. FUNERAL HOME OR MORTUARY. An establishment providing services such as preparing the human dead for burial and arranging and managing funeral, and may include limited caretaker facilities. This may also include crematoriums. FURNACE, BLAST. See COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES. GENERAL AGRICULTURE. SeeAGRICULTURE, GENERAL. GENERAL OFFICE. See OFFICE, GENERAL. GENERAL PERSONAL SERVICES. See PERSONAL SERVICES, GENERAL. GENERAL RETAIL SALES. See SALES, GENERAL RETAIL. p. 6 Ordinance No. 2-416.03 GOLF COURSE. A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses. GRACE PERIOD. Extension of time granted for correction, termination, or cessation of a Civil Violation of the Zoning Ordinance. GRAIN ELEVATOR. A building for elevating, storing, discharging, and sometimes processing grain. GREENHOUSE, COMMERCIAL. A building used for the growing of plants, all or part of which are sold at retail or wholesale. This includes plant growing operations. GUEST HOUSE. See HOUSE, GUEST. HEARTH, OPEN. See COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES. IlEA VY INDUSTRIAL. See INDUSTlUAL, HEA VY REA VY MANUFACTURING. See MANUF ACTUlUNG, HEA VY HEIGHT, BUILDING. See BUILDING HEIGHT. mSTORIC SITE. A location set aside for no other purpose than to commemorate a historical event, activity, or person. HOME, MODEL. A finished, residential unit, including units in a multi-family structure and mobile homes for which a certificate of occupancy could be obtained, located in a residentially zoned district but utilized as an example of a product offered for sale to purchasers (by a realtor, builder, developer, or contractor). The dwelling house may be furnished but not occupied as a residence while being used as a ModelHome. HOSPITAL, VETERINARY, WITH KENNEL. A facility for the practice of veterinary medicine with provisions for the boarding of animals. HOSPITAL, VETERINARY, WITHOUT KENNEL. A facility for the practice of veterinary medicine without provisions for the boarding of animals. HOUSE, GUEST. Living quarters within a detached accessory building located on the same premises with the main residence building for use by temporary guests of the occupants of the main residence building, such ~'blOlrtcrs h9.'.'ir;g iUJ kitche/; f&eilf.t~'e{J or separate ~ltilit}' meters and not rented or otherwise used as a separate Dwelling. HOUSE, ROW OR TOVlN. "'\ series of TIllO or FRere dwelling l:B'l-its, arranged side BY side, separated by common 'Nalls ac:l:ueen living areas, each unit bavffig Elne or more ll;lyels. ILLUMINATION. Artificial light which shall not be blinking, fluctuating, or moving. Light rays shall shine only upon the property within the premises and shall not spill over the property lines in any direction in excess of development standards of the Ordinance. IMPACT FEE STATUTE. The following provisions to the Indiana Code, as amended: Ie 36-7-4- 1300 through Ie 36-7-4-1342. IMPROVEMENT, SUBSTANTIAL. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This p. 7 Ordinance No. 2416-03 term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements of an:r alterations of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." IMPROVEMENT LOCATION PERMIT. A permit signed by the Director stating that a proposed improvement complies with the provisions of this ordinance and such other ordinances as may he applicable. For the purposes of the Impact Fee Statute, and Improvement Location Permit (issued under the CarmeVClay Zoning Ordinance) shall be considered a "structural building permit. " INDOOR STORAGE. See STORAGE, INDOOR. INDUSTRlAL/r..{:\.:N1.JF.^.CTURI~JG USE, REA VY. An industrial use which requires both building and open area for manufacturing, fabricating, processing, repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes which is not injurious to health or safety of humans or animals, or injurious to vegetation and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, or vibrations beyond the limits established herein. INDUSTRlALiM:':\.NUFACTLTRfNG USE, LIGHT. An industrial use which creates a minimum amount of nuisance outside the plant, is conducted entirely within enclosed buildings, does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than transporting goods between buildings, provides for enclosed loading and unloading berths and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the limits established herein. This may include a machine shop, sign shop, welding shop, sheet metal shop, specialized contractor shop, or exterminating shop. INFRASTRUCTURE, PARKS AND RECREATION . The capital improvements that comprise the parks and other recreational facilities that are: i) are owned or leased by the Parks Board solely for a public purpose, and ii) are included in the Zone Improvement Plan. Parks and Recreation Infrastructure includes the site improvements and interests in real property needed for such parks and other recreational facilities. INN, .'\.n establiolrracHt used, maiFl1'ai:acd (If ad'lertised as a place where sIeefl:i:Hg ilccommoElatiens are supplied for short teem rent (less than fhirty (30) conseo\:tti','e days) to tenants, in which rooms are furnished fer the accommoaatiSH:J of sush glleStll, wmch may have as an accessory use one or morc cliE:ing rooms, aHa "l,'h:i.eh IllilY include indi"lidual kitchen faGilities. INSTITUTION, PENAL OR CORRECTIONAL. The use of land for the confmement or safe custody of persons so confined as the result of legal process and includes attendance centers established for persons sentenced to serve periods of community service. INSTITUTION, RELIGIOUS OR CHARITABLE. Non-profit organizations that are supported primarily by charity and whose principal function is the performance of charitable works or religious activities. This definition shall include but not limited to churches, mosques, synagogues, or other religious institutions. Not included in this definition are social organizations or clubs. KILN. See COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES. LAKE OR POND, ARTIFICIAL. A man-made body of water fed by a v/atercoume of one thousand (1000) square feet or greater in area. p. 8 Ordinance No. 2-416-03 LAKE OR PON"D, ARTIFICIAL, NON-PLATTED. A body of water created artificially that is either fed or not fed by a watercourse that is not a part of a plat. LANDSCAPE. To make a plot of ground mOre attractive by adding plantings other than grass and which may include Mounding per this Ordinance. LETTER OF MAP AMENDMENT (LOMA). An amendment to the currently effective FEMA map that establishes that a property is not located in a Special Flood Hazard Area (SFHA). A LOMA is only issued by FEMA. LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. If is issued by FEMA and changes flood zones, delineations, and elevations. LIBRARY. A public facility for the use, but not sale, of literary, musical, artistic, or reference materials. LIGHT INDUSTRIAL. See INDUSTRIAL, LIGHT. LIGHT MANUFACTLllUNG. See MANUFACTURING, LIGHT. LODGE. See CLUB OR LODGE, PRIVATE. LOGO. The official emblem or insignia of an organization, corporation or institution. LOWEST FLOOR See FLOOR, LOWEST. LUMBER OR BUILDING MATERIALS SALES. See SALES, LUMBER OR BUILDING MATERIALS. MANUFACTURED HOME. A Structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed' (including, at a minimum, the installation of utilities, the construction of streets, and either tinal grading or the pouring of concrete pads) is completed before the effective date of this ordinance (Ordinance No. Z-311 effective November 6, 1995). MANUFACTURED HOME PARK OR SUBDIVISION, EXPANSION TO AN EXISTING. The preparation of additional sites by the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). MAJ\'UFACTURED HOME PARK OR SUBDIviSION, NEW. a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including at a min.imum, the instaUation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this ordinance (Ordinance No. Z-311 effective November 6,1995). MA.JIillFACTURED HOUSING SALES. See SALES, MANUFACTURED HOUSING. p. 9 Ordinance No, Z-416-03 MA1~UFACTURlNG, HEAVY. The manufacture or compounding process ofraw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic materials or explosive materials needed for the manufacturing process. These activities may include disposal of radioactive materials, fertilizer manufacturing, leather curing and tanning, lime, cement, asphalt, and gypsum refining and manufacturing, petroleum refining and manufacturing, reclaiming processes involving materials and/or chemicals that are considered dangerous to the health, safety and welfare of the general public as determined by the State of Indiana, Board of Health, or the City of Carmel, slaughtering, stock yards, wood preservatives refining and manufacturing, and the manufacture of flammable liquids or gases. MANUFACTURING, LIGHT. The manufacture, predominantly from previously prepa.red materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing. This may include a lithographing establishment. MEETmG OR PARTY HALL. A building designed for public assembly, containing at least one room having an area equivalent for four hundred (400) square feet per dwelling unit or 2,400 gross square feet, whichever is greater. MINERAL, SOIL, OR GRAVEL EXTRACTION OPERATIONS. Any process used in obtaining, from the earth, naturally occurring substances. MODEL HOME. See HOME, MODEL. MORTUARY. See FUNERAL HOME OR MORTUARY. MOTEL. Any Building or group of Buildings containing five (5) or more rOOlllB with direct entrance to or from the outside, designed or intended to be occupied fOf sleeping purposes by guests for a fee, afton ~vith 01 common bteho/1. (1nd dining ream .J"'dli:ies may be pre','id-.3d within the b<li!ding 37" :lI'I accessory bbli3ding, Bnd which efIte:.s Y3 the tra':cli/'lg pu8!ic. MOTOR BUS OR RAILROAD STATION. See STATION, MOTOR BUS OR RAILROAD. MOUNDING. Slopes with a ratio in excess of 1 (vertical) : 10 (horizontal), 1:10 (10%) slopes require approval by the'Commission per ADLS review. Approval of mounding must be a part of the overall site landscaping plan. MULTI-FAMILY HOUSING COMPLEX. A building(s) for residential purposes with three (3) or more dwelling units, having common or party walls, on a single lot. MULTI-TENANT, MULTI-LEVEL BUILDING. See BUILDING, MULTI-TENANT, MULTI- LEVEL. MULTI-TENANT, GROUND FLOOR BillLDING. See BUILDING, MULTI-TENANT, GROUND FLOOR. MULTI-TENANT BUILDING COMPLEX. Two (2) or more buildings designed to function as a unit or one (1) building with seven (7) or more tenants. MULTI-TENANT BUILDING COMPLEX DIRECTORY SIGN. See SIGN, MULTI-TENANT BUILDING COMPLEX DIRECTORY. MUL TIPLE-FAMIL Y DWELLING. See DWELLING, MULTIPLE-FAMILY. p.1O Ordinance No. 2-416-D3 MUSE11l\1. An Institution that is established for the purpose of acquiring, conserving, studying, interpreting, assembling and exhibiting to the public for its instruction or enjoyment, a collection of artifacts of historical interest. MUSIC CENTER. See CENTER, ART & MUSIC. NAMEPLATE. A non-electrical wall sign identifying only the name and occupation or profession of the occupant of the premises on which the sign is located. If any premises include more than one occupant, refers to all names and occupations or professions as well as the name of the building and directional information. NEW MANUFACTURED HOME PARK OR SUBDIVISION. See MANUFACTURED HOME PARK OR SUBDIVISION, NEW NOTICE OF VIOLATION. Written notification of non-compliance in accordance with Chapter 34: Zoning Violations. l'I'URSING, RETIREMENT OR CONVALESCENT FACILITY. A home for the aged or infirm in which three or more persons not of the same immediate family are housed and provided with food, and/or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Included are limited care apartments, suites for the elderly, and assisted living and nursing homes. OFFICE, GENERAL. A place of business used exclusively for office purposes where no product or commodity for retail sale is located or sold, including but not limited to sales offices, real estate offices, fmancial offices and Professional Offices. May also include data processing and analysis facilities, insurance offices, office buildings, office spaces, office uses, travel service bureaus, utility company business offices, and license bureaus. OFFICE, PROFESSIONAL. The office of a recognized profession maintained for the conduct of that profession. A profession is a vocation, calling, occupation, or employment requiring training in the liberal arts or sciences, or combination thereof, requiring advanced study in a specialized field; any occupation requiring licensing by the State and maintenance of professional standards applicable to the field. OFFICER, FISCAL. The fiscal officer, as defined by state law, of the local government unit imposing an impact fee pursuant to this PRIF Ordinance, namely the Clerk-Treasurer of the City of Carmel. OLD TOWN CARl\1EL. For purposes of signage, see Map on Page Iv[ 1 Sectioll 25.07, Diagram 3. OUTDOOR STORAGE. See STORAGE, OUTDOOR. PARK, PUBLIC. A public space and supporting facilities designed and used for a variety of recreational activities, a greater part of which take place outside of any structure. PARKING SIGN. See SIGN, PARKING. PARKS A.1'ID RECREATION lL~FRASTRUCTURE. See INFRASTRUCTURE, PARKS AND RECREATION. PARKS BOARD. The Carmel/Clay Board of Parks and Recreation, which is hereby identified as the "infrastructure agency" that is responsible for acquiring, constructing, or providing Parks and Recreation Infrastructure. p, 11 Ordinance No. 2-416-03 PENAL OR CORRECTIONAL INSTITUTION. See INSTITUTION, PENAL OR CORRECTIONAL. PERSONAL SERVICES, GENERAL. An establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and barbershops, shoe repair shops, and tailor shops. PETITION FOR REVIEW. A petition filed with the Direetor to initiate an appeal of an impact fee calculation. PLACE OF WORSHIP. See CHURCH, TEMPLE, OR PLACE OF WORSHIP. PLAN,. ZONE IMPROVEMENT. The zone improvement plan for Parks and Recreation infrastructure which was prepared by the Commission in conjunction with the 2020 Vision Comprehensive Plan of the City of Carmel and Clay Township and approved by the Commission on September 17, 1996, was duly and properly reviewed and amended, such amended version being approved by the Commission on November 2l, 2000, (the "2001-2006 Zone Improvement Plan"). The 2001-2006 Zone Improvement Plan is attached hereto as Exhibit A and made a part hereof. PLANNED UNIT DEVELOPMENT DISTRICT. A zoning district for which a POO District Ordinance is adopted under Section 31.06.04. POND. See LAKE OR POND, ARTIFICIAL or LAKE OR POND, ARTIFICIAL, UNPLATTED. POST OFFICE. Houses service windows for mailing packages and letters, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail. POWER GENERATING PLANT. A complex of structures, machinery, and associated equipment for generating electric energy from another source of energy, such as nuclear reactions or a hydroelectric dam. PREMISES IDENTIFICATION. The common street address of a building displayed in numerals. PRINTING OR PUBLISHING ESTABLISHMENT. A facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, and facsimile sending and receiving, and including offset printing. This may also include a newspaper publishing or printing plant, and a photography establishment. PRIVATE AIRPLANEfHELICOPTER LANDING &/OR SERVICE FACILITY. Any landing area, runway or other facility designed, used or intended to be used privately by any person or persons for the landing or taking off of aircraft and including all necessary taxiways, aircraft storage, tie-down areas, hangars, and other necessary buildings and open spaces. PRIVATE RECREATIONAL FACILITY. See RECREATIONAL FACILITY, PRIVATE. PRIVATE SWIMMING POOL, ETC. A Recreational Facility designed and intended for water contact activities that serves a Single-family Dwelling(s), Two-family Dwellings and/or Multi-family Dwellings, or combinations thereof. PROFESSIONAL OFFICE. See OFFICE, PROFESSIONAL. PROPERTY FRONTAGE. See FRONTAGE, PROPERTY. PUBLIC SERVICE FACILITY. Those facilities and installations which are intended to be accepted for maintenance by a governmental authority or public utility. p. 12 Ordinance No. Z-416-03 PUD DISTRICT ORDINANCE. A zoning ordinance that: 1. designates a parcel of real property as a Planned Unit Development District; 2. specifies llses or a range of uses permitted in the Planned Unit Development District; 3. expresses in detailed terms the development requirements that apply in the Planned Unit Development District; 4. specifies the plan documentation and supporting information that must be supplied before an Improvement Location Permit may be issued for development or real property in the Planned Unit Development District; 5. specifies any limitation applicable to the Planned Unit Development District; and 6. meets the requirements ofIC 36-7-4-1500 et seq. RADIO &/OR TELEVISION STUDIO. See STUDIO, RADIO &/OR TELEVISION. RAISING AND BREEDING OR NON-FARM FOWL AND ANJMALS. As establishment where animals are impregnated either naturally or by artificial insemination and the principal purpose of which is to propagate the species. RECEIVER. A televiSion set, radio, cOtnnlUftieatiEJll deyiee er data input dl",,;i<:0 that utilizes the signals from the earth station. RECREATIONAL ENTERPRISE OR FACILITY, COl'vfMERCIAL II\'DOOR. Any area of land, buildings and/or facilities used or intended for indoor recreational purposes and operated for remuneration. This may include amusement parks and arcades, billiard parlors, bowling alleys, dance halls, shooting galleries, indoor skating rinks, indoor sports facilities, and indoor tennis and racquetball facilities. RECREATIONAL FACILITY, COMMERCIAL OUTDOOR. Any area of land, buildings and/or facilities used or intended for outdoor recreational purposes and operated for remuneration. This may include outdoor theaters, go cart or race tracks, miniature golf, and water slides. RECREATIONAL FACILITY, PRIVATE. A private recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are usually located within or adjacent to such development. RECREA TIONAL VEIDCLE. See VEHICLE, RECREATIONAL. REGULATORY FLOOD. See FLOOD, REGULATORY. REHABILITATION FACILITY. see FACILITY, REHABILITATION. RELIGIOUS OR CHARITABLE INSTITUTIONS. See INSTITUTIONS, RELIGIOUS OR CHARITABLE. REP AIR (INDOOR), AUTOMOBILE OR TRUCK. Any enclosed building, structure, improvements, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but n(}t limited to body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of CB radios, car alarms, stereo equipment or cellular telephones. REPEATED CIVIL ZONING VIOLATION. See VIOLATION, REPEATED CIVIL ZONING. p.13 Ordinance No. 2-416-03 RESEARCH LABORATORY STRUCTURE OR FACILITY. A building for the accommodation of scientific research facilities such as electronic, engineering, chemical, medical and similar laboratories and planned and placed on its site in accordance with harmonious principles of architectural and landscape architectural design. RESPONSIBLE PARTY. Any person, firm or corporation, who uses property in violation of the Zoning Ordinance or who knowingly permits another person, firm or corporation to do so. RESTAURANT. An establishment which is primarily engaged in serving food and beverages which are consumed on its premises by its customers seated at tables and/or counters either inside or outside the building thereon, and, as an accessory use thereto, may be engaged in providing customers with take-out service of food and beverages for off-site consumption. This includes a delicatessen and a brewery or brew pub. RESTAURANT WITH DRlVE-THRU AND/OR WALK-UP FOOD SALES. An establishment engaged primarily in the business of preparing food and purveying i.t on a self-serve or semi self-serve basis. Customer orders and/or service may be by means of a walk-up counter or window designed to accommodate automobile traffic. Consumption may be either on or off the premises. RESTAURANT, DRIVE-THRU OR DRIVE-IN. An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile, REVlEW BOARD. The Carmel/Clay Impact Review Board established under Sectio/l 29.07.09 :eelaw . ROOF CROWN. Gutter line. SALES, AVTOMOBILE. Storage and/or disJ3lay for sale ef mare fuaa tWC'l (2) motor vehicles or any type sf kai-ler. SALES, AUTOMOBll..E OR BOAT. Any land, building, structure, or premises used for the sale or lease of new or used Motor Vehicles and/or boats. Automobile or Boat Sales may include automobile or boat repair and service. SALES, GENERAL RETAIL. Enclosed establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale ofsuch goods. SALES, LUMBER OR BUILDING MATERIALS. Retailing, wholesaling, or rental of building supplies or construction equipment within a completely enclosed structure, or within an outdoor area which is one hundred percent (100%) fully screened with a solid fence or wall with a minimum height no less than that of the material being sold or rented. This classification includes lumberyards, home improvement sales and services, tool and equipment sales or rental establishments. SALES, MAJ.'IUF ACTURED HOUSING. Any land, building, structure, or premises used for the sale or lease of manufactured houses. SALES, MOBILE HOME OR RECREATIONAL VEmCLE. Any land, building, structure, or premises used for the sale or lease of mobile homes or recreational vehicles, SALES, WHOLESALE. An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying p.14 Ordinance No, 2-416-03 merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use. May include uses such as optician/optical supply, or orthopedic/medical appliance & supply sales. SCHOOL, TRADE OR BUSINESS. Secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or, a school conducted as a commercial enterprise for teaching instrumental music, dancing, gymnastics, barbering or hair dressing, drafting, industrial or technical arts, or culinary arts. May also include vocational or industrial training facilities, performing arts studios, art schools, business/commercial schools, and dancing academies. SCHOOL OF GENERAL ELEMENTARY OR SECONDARY EDUCATION. Any public, parochial or private school for any grades between fIrst and twelfth that is either accredited by the Indiana Department of Public Instruction or recognized by and in good standing with the Indiana Department of Public Instruction for purposes of compulsory education requirements. SELF SERVICE LAUNDRY. A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron. SFHA or SPECIAL FLOOD HAZARD AREA. Those lands ""ithin the jurisdiction of the City that are subject to inundation by the Regulatory Flood. The SFHAs of the City are generally identified as such on the Flood Insurance Rate Map of the City prepared by the Federal Emergency Management Agency and dated February 19, 2003. SIGN. Any structure, fIxture, placard, announcement, declaration, device, demonstration or insignia used for direction, information, identification or to advertise or promote any business, product, goods, activity, services or any interests. SIGN AREA. The area of a sign shan be calculated by multiplying its maximum vertical dimension by its maximum horizontal dimension, excluding the structural support. The gross Sign Area of a Ground Sign or Projecting Sign with back-to-back identical Copy mounted on the same standard(s) shall be the total area on one (1) side of the sign. SIGNF ACE. The part of the sign area that is intended primarily for or can be utilized for communication purposes. SIGN PERMIT. A permit signed by the Director stating that a proposed sign has met with general provisions of this ordinance. SIGN STRUCTURE. Any structure which supports, has supported or is capable of supporting a sign, including decorative cover and planter boxes. SIGN, CENTER IDENTIFICATION GROUND. Applicable only in a Multi-tenant Building Complex. Copy is limited to the name and/or address of the Multi-tenant Building Complex plus permitted Changeable Copy. SIGN, DIRECTORY. A sign identifying the names and locations of the occupants of a building. A directory sign may utilize Changeable Copy. For the purpose of this Ordinance a directory sign is not counted as a Ground Sign even if it is supported from the ground. SIGN, DWELLING UNIT. A Nameplate with a Sign Area not exceeding one (1) square foot. SIGN, GROUND. A sign supported by one or more uprights or braces placed in the ground, not attached to any building or structure. No display or advertising sign shall be attached to the standard of a ground sign other than the display surface originally constructed as a part of such sign. p.15 Ordinance No. Z-416-Q3 SIGN, HEIGHT OF GROUND. The vertical distance measured from the ground level upon which the sign is Established to tbe highest point of the Sign Structure. SIGN, HOLIDAY. Temporary signs or displ.ays of a primarily decorative and non-commercial nature, clearly incidental and customary and commonly associated with any national, state, local or religious holiday. SIGN, IDENTIFICATION. A sign which is limited to the name and/or address of a building, institution or person; to the activity carried on in the building or institution; the occupation of the person; and/or the logo. A logo, if desin~d, representing the building, business or institution on a sign in a unified center is limited to twenty five percent (25%) of the Sign Area. SIGN, INSTITUTIONAL. Any given sign setting forth the name of .any public, charitable, educational or religious purposes such as, church, college or university, hospital, school. SIGN, INTEGRAL. A sign which is limited to the name of the building, the date of erection, a historical marker and/or a commemorative building tablet such as a cornerstone, when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type construction and made part of the structure. Integral signs are not intended to be used as a means or promotion, advertising or identification other than as outlined above. SIGN, LEGAL NON-CONFORMING. Any given sign which was lawfully established (has received a sign permit) and maintained prior to such time as it came within or under the terms of this Code, November 5, 1981 or the prior Sign Code, May 23, 1973 and any amendment thereto, and which fails to conform to all applicable regulations and restrictions of this Ordinance, or a non-conforming sign for which a variance has been granted by the Board and for which a sign permit has been issued. (See also Section 25.07.08). SIGN, MULTI-TENANT BUILDING COMPLEX DIRECTORY. A directory sign in a multi-tenant building complex only if approved by the Commission when presented as part of a total sign package (B-4, B-7, B~8, M~3, and U.S. 31 Overlay Zone). Copy is limited to tbe names and/or locations of the buildings in the Multi-tenant Building Complex. Said sign shall have a maximum Sign Area of twenty (20) square feet and a maximum height of five (5) feet. SIGN, PARKING. Any sign used to designate parking areas of spaces for public or private use. Signs identifying parking areas shall be used solely for identification purposes, with only one parking sign per property frontage, including alleys for the purpose of this definition only, permitted. Signage used to indicate the reservation of a parking space for a specific person is permitted but, copy shall be limited to the name or title of the person for whom the space is reserved. (See Section 25.07.01-03 Exempted Signs). SIGN, POLITICAL CA1\1PAIGN. Any sign having reference to a candidate for elective public office or a public question or issue to be submitted to the voters at a general, special or primary election. SIGN, PORCH. A sign attached to a porch or overhang. A maximum sign area of six (6) square feet. This type of sign shall be permitted only in Old Town Carmel. SIGN, PORTABLE. A sign not permanently anchored or secured to either a building or the ground. SIGN, PROJECTING. A sign attached to and supported by a building and which extends out at any angle therefrom. This type of sign shall be permitted in Old Town Carmel only and shall be limited to twenty (20) square feet maximum Sign Area. p. ]6 Ordinance No. Z-416-03 SIGN, PUBLIC. Official notices posted by the public officers or employees in the performance of their duties. SIGN, PUBLIC EVENT. A temporary sign announcing function of public interest. This does not include SALE signs. SIGN, REAL ESTATE. Any sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is located. SIGN, ROOF. A sign established and maintained upon the roof of a building which is located between the roof. line and the roof crown. Roof signs- are prohibited on residences which been converted to office, business and/or manufacturing uses. SIGN, SUSPENDED. A Ground Sign suspended from and installed on an arm or spar attached to one (1) upright, decorative pole. The pole and arm and/or spar are limited to a maximum 16-square-inch cross-sectional area. No display or advertising sign shall be attached to the standard of a suspended sign other than the display surface originally constructed as a part of such sign. (Twelve (12) square feet maximum sign area). This type of sign shall be permitted only in Old Town Carmel. SIGN, TRAFFIC DIRECTIONAL. Sign directing traffic movement onto and/or within a premise, not exceeding three (3) square feet in sign area for anyone (1) sign; and shall not be bigher than three (3) feet above ground level. Standard traffic directional signs, such as STOP and YIELD signs, shall comply with the "Uniform Manual for Traffic Control Devises." SIGN, VEIDCLE. A sign on a vehicle of any kind, provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond two (2) inches from the original manufactured body proper of the vehicle. The vehicle to which the sign is attached shall be in proper working order and shall bear a current license plate and shall not be permanently parked on a public street or street right-oC-way. See also Sectum 25.07.01-04(q). SIGN, WALL. A sign established on the wall of a building with the face in a parallel plane to the plane of the building wall, and which projects from the surface less than twelve (12) inches at all points. Said sign shall not extend beyond the edges of the wall upon which it is mounted nor above the roofline. Permanent Awnings attached to the building shall be considered a part of the structure, and signs established on Permanent Awnings shall be considered wall signs. SIGN, WINDOW. Any building sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is: a) placed i) inside of and within two (2) feet of a window; or ii) upon the window panes or glass; and b) visible from the exterior of the window. SINGLE-FAMILY DWELLING. See DWELLING, SINGLE-FAMILY. SINGLE-TENANT BUILDING. See BUILDING, SINGLE-TENANT. SORORITY. See CLUB OR LODGE, PRIVATE. SPECIAL FLOOD HAZARD AREA. See SFHA or SPECIAL FLOOD HAZARD AREA. p.17 Ordinance No. Z-416-03 STATION, AUTOMOBILE SERVICE. Any place of business with or without pumps and underground storage tanks having as its purpose the retail servicing of Motor Vehicles with fuels and lubricants, including minor repairs and inspections incidental thereto but not including a general repair shop, paint or body shop, machine shop, vulcanizing shop or any operation requiring the removal or installation of a radiator, engine, cylinder head, crankcase, transmission, differential, fender, door, bumper, grill, glass or other body part, or any body repairing or painting. May include Automobile Filling Stations. STATION, MOTOR BUS OR RAILROAD. Improvements and facilities at selected points along motor bus or railroad routes for passenger pickup, drop off, and waiting. Facilities and improvements may include shelters, benches, signs, structures, and other improvements to provide security, protection from weather, and access to nearby services. STORAGE. The existence of any stock, vehicles, equipment or materials enclosed or unenclosed for a period of more than seventy-two (72) hours and not for retail or wholesale display or sale, including the utilization or manufacture of explosive materials (not including explosive products), and flammable liquids or gases other than those used by the manufacturing establishments in their operational activity. STORAGE OR DISTRIBUTION FACILTY. A facility where goods are received and/or stored for delivery to the ultimate customer at remote locations. This includes food products distributing stations, trucking terminals, and packaging facilities. STORAGE OR SALE OF PETROLEUM PRODUCTS. Retail or wholesale sales and storage of petroleum, gasoline, fuel, oil, gas, or flammable liquid or tluid. STORAGE AND/OR WAREHOUSING, INDOOR. An enclosed space or place where goods, materials, or personal property is placed and kept for more than 24 consecutive hours. This may include cold storage lockers, self storage or mini-warehouse facilities, commercial warehouse storage, and contractor storage facilities. STORAGE AND/OR WAREHOUSING, OUTDOOR OUTSIDE. The keeping of any goods, junk, material, merchandise or vehicles in the same place, in an unroofed andlor unenclosed area, for more than twenty-four (24) hours. STRUCTURE. Anything constructed or installed or portable, the use of which requires a location on a parcel of land. It includes a movable structure which is located on land which can be used for housing, business, commercial, agricultural or office purposes, either temporarily or permanently. Structure also includes billboards, swimming pools, poles, pipelines, transmission lines, tracks and advertising sigru;, whether located on a rock, tree, separate structure or part of another structure. Also, a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a Manufactured Home, or a prefabricated building. The term also includes Recreational Vehicles to be installed on a site for more than one hundred eighty (180) days. STUDIO, RADIO &/OR TELEVISION. Space in an outdoor or indoor area, building, part of a building, structure, or defined area, that is used primarily for the creation of film, television, music video, multi-media, or other related activities. SUBST ANTIAL IMPROVEMENT. See IMPROVEMENT, SUBSTANTIAL. TAVERN OR NIGHTCLUB. A commercial establishment dispensing alcoholic beverages for consumption in the premises. TEMPLE. See CHURCH, TEMPLE, OR PLACE OF WORSHIP. p. 18 Ordinance No. Z-416-03 THEATER, INDOOR. A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances. Uses include but are not limited to a movie theater and a performing arts center. TOWER, RADIO OR TELEVISION TRANSMISSION. Any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting a radio or television transmission antenna above ground. TRUCK STOP. A facility intended to provide services to the trucking industry, including but not limited to the following activities: dispensing of fuel, repair shops, automated washes, restaurants, and motels; all as part of the facility. UNIFIED CENTER. See CENTER, UNIFIED. lJl\'IVERSITY. See COLLEGE OR UNIVERSITY. VElllCLE, RECREATIONAL. A vehicle which is: 1. built on a single chassis; 2. four hundred (400) square feet or less when measured at the largest horizontal projections; 3. designed to be self-propelled or permanently towable by a light-duty truck; and, 4. designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use. VETERINARY HOSPITAL "WITH KENNEL. See HOSPITAL, VETERINARY WITH KENNEL. VETERINARY HOSPITAL "WITHOUT KENNEL. See HOSPITAL, VETERINARY WITHOUT KENNEL. VIOLATION, CIVIL. The erection, alteration, enlargement, maintenance or use of any building, structure or land in violation of any provision of the Zoning Ordinance, Subdivision Control Ordinance, Sign Ordinance, Building Code applicable to such building, structure, or land in the zone in which It is located. VIOLATION, REPEATED CIVIL ZONING. A recurring violation of the Zoning Ordinance at the same location; or a violation of the same section of the Zoning Ordinance at a different location by the same responsible party. WATER MANAGEMENT FACILITY. A public or privately owner facility engaged in the distribution of raw or finished water. Uses may include water towers, pumping stations, above or below ground storage tanks, or water treatment facilities. WHOLESALE SALES. See SALES, WHOLESALE. WHOLESALING FACILITY. A facility primarily engaged in the selling and/or distributing of bulk merchandise to retailers, industrial, commercial, institutional, or professional business users, or to other wholesalers. This may include a transportation facility. WINDOW AREA. The total area of all windows along a Building Frontage. ZONE IMPROVEMENT PLAN. See PLAN, ZONE IMPROVEMENT. ZONING OFFICIAL. A designee of +the Director of the Department of Community Services er----I:1is designee. p.19 Ordinance No. Z-416-03 ZONING ORDINANCE. Zonillg Ordinance of the City of Carmel, Township of Clay, Hamilton County, Indiana codified as Ordinance No. Z-289 b--+W, as amended, and the Sign Ordinance, CarmeVClay Township, Hamilton County, Indiana, codified as Z-302 ~, as amended. b. Relocate the definitions found in Section 25.15: Definitions to Section 3.07: Definitions. c. Amend Section 22.15: Definitions to read as follows: 22.15 DefInitions. Terms used in this Ordinance are defined in Chapter 3; Definitions. A. BUILDING see "STRVCTURE" B. DEVELOPMENT any man made. ohange! to improved or tm:ffiIproved mol estate iR6huiiag eut RBt limited to: +. construction, re60Bshuetion, or placemeBt of a eailding or any addition to a b wi El:i:ng; 2-. installing a manufacMsa home OR a sit-e, prepariRg a site for a manufactured home or m.stallffig a reoreational vehicle en a site for more than ORC hundred eighty (1 gO) days; J.. installing utilities, eTeebeR of 'walls or fences, eeFlstruction of roads, or similttr projects; 4. construction of fleed eontrol structures sl;ieR as levees, dikes, dams, chaBBel improT;cll'l.ents, etc.; ~. miHffig, dredging, filliag, gradi:ng, excavation, or drilling operatiot1s; e. const:ructiot1 and/or reooB:Struction of bridges ar ewverts; +. storage sf materials; Br, &. any ot-her activity that might ehange the direction, height, or '{eloeit)' of flood or surface waters. "Develoj3Fl10Ht" aGOS Flat inGlude activities sael3. as the mnintenance of cxistiRg b<lildiags and facilities such as paiating, Ie rElBfiHg; resurfacing roadl>; or gfrrdoning, plowing, and similar agriculfural 13raetices that do not in>;olve filflBg, grading, excavation, or the COBGfruetien Elf Jlermatlent buildings. G. EXISTING MANUF.^.CTURBD HOME PARK OR SUBDIVISION means a manufactured heme park or subdivision for ,....hiek tHe construction of facilities for servicing the lots on wi3.ieh the ffiaHufactured homes are t8 be affixed (induding, at a miIillilUIfl, the installation of utilities, the eonstmetion of streets, and either fmal site grading or the pour.ng of el3ncretc pads) is completea before the effective date of this ord:iBanco. :g. EXPANSION TO .^.N EXISTING :t\i..^.NL'P.'\CTURED HOME PARK. OR 8UBDNISION means the pIepa-ratioR of addItional sites by the eOFlstruction of facilities fOT servieing the lots on ,>,,cruCE. the m.anufactured homes are te Be affixed (i-aelliding the installation sf utilities, the construction of skeets, 8Fld eitller [mal site grading or the peurrng ef concrete pads). E. FBfM Heed Boundary u.nd Flaodwa)' MEIfl. I<. rEM.^. Federal Emergency MaBagement Agency. G. F-ImM Flood Hazard BEJoodary Map. Ii. FIRM Floeli Insurance Rate Map. p.20 Ordinance No. Z-416-03 I. fLOOD a general il'Hd temporary eSRditi0n of partial er eamplete inundation of nonnally clry lctfle areas from tae overflew, the unusual and rapid accUHl:l:l1atie11, or the runoff of S1:l:Ifaoe waters from any samce. J. fLOODPLAIN the eaaBflel proper and 1:8.13 areas adjoining aRY wetland, lake or waterwurse ',','hieh flaye been and hereafter may be covered BY the regulatory fleea. The floodplai:B. i:B.eludes both the floed'::ay and the floodwayfri:H.ge districts. K fLOOD PROTECTI<>>r GRillE or the "fPO" the elevation of the regulatory flood plas two (2) f-ee'l: a{ afty given location in the gFR'\.. b, FLOOD~N.....y the channel of a river ar a stream ana those portions of the floodplains adjoiBffig the channel willeh are reasonably reEj'l:lH-ea ta efficiently earry and discharge the 13eak flood flew ef the regulatory floed of any river or stream. M. FLOODW}.Y FRINGE 1hese portions oftlw' fleedjolai-a lying outside the fleedway. N. LETTER OF'M.:\P :\M.,ENDMENT (LaM-^..) a-a amendment to llie eurrently effecti','e FEM.'\ map that establishes that Ii preperty is ROt located in a SfleGial Flood Hazard }.roa (SPH1\), /\. L01.1A is only 1sSltee by FEMA. G, LETTER OF 1U.P REVISION (LOMR) afl official revisieB 10 the currently effective FEM..\. Hlafl. It is issued by f.E:M...'\ !lad changes flood :c.eaes, aelineations, and elevations. P-. LmVEST FLOOR meaBS the lowest of the fElllwNiBg: l-. the top of the basement floor; ~. :the--top of the garage floor, if the garage is the lawest level of the building; ~, the tell of the fIrst floor of baildiftgs elevated on piliags ar cflnstructed on a crawl space 'wi.th permafleat openings; or, 4. the top of !:he fleer level of any enclosl:lfo Below an elevated Bl:lilding ;Nhore the walls ef the enclosure proviElecl 8ft)' resistance to the ftow of flood waters unless: a, the .....alls arc designed to automatically eqaalize the hydrestatie fleod ferees OR the 'Nalls by allowiflg for the entry ane e]~i:t of flood waters, by proyiding a millimum of two (2)ofJeffiB-gs (ia addition to doenvays and wirtaows) having a total area of ono (1) square inch far eVelry ene (1) square foot of eBeIosed a.rea subj ect to floedffig. The bott-om of all such ope:illBgs shall be no higher than OEe (1) [(lat above grade. b. such ell-elased space shall be usable for the parking of veftielos and buildiflg access. Q. M.^.J>J.lJF.\CTURED HOME Hleaoo a structure, transllerta-1:Jle in one or more sectioDS, whicR i" built on a permanent chassis aad is designed for use with or ","ithout a permanent feHndation wheR attached to tho required utilities. The term "manufactlKBd home" dOllS oot inell'H:le a "recreational 'lehicle." K NEW M.ANUF1~CTURED HmAE P /illK OR SUBDIVISION mean" a ID8.:Elufaetured home park or subdiyisioR f-or whieh the construction of faeilities for servicing the lots OB which the manufaemred homes are t8 be affmed (iaduding at a micim.l:lffi, the installation of utilities, the constnwtioR ef strellts, and either fiaal site grading or the pouriag of concrete flaes) is Elon1J31eted on or after the effecti'le date of this ordinaaee. So RECRK-\TIONAL VEHICLE means a vehicle which is: +. built ona si-ngle ehassis; 2-. fGtH: };nlRdrcd (400) square f-eet sr less whon measured at taB Ia:rgest BeDzontal proj ections; 1. desigBBd t(l be solf propelled o-r perma-Bently towable by a light 8H.ty truok; and, p,21 Ordinance No. Z-416-03 4. designed flrimarily not for use as a permanent dWE)lling, but as qmuters for recreatienal camping, travel, or seasoflal use. l'. REGUL^~TORY FLOOD means the flood having a ORe percent (1%) probability of being eq1ialed to exceedea i:a aay given year, as calcl:llated by a :metEWS aBd procedure which is acceptable t6 alld approved by the illdiana Natural Resomoes CommissioE. and the Federal Emerbency ManagemeRt .^..gency. The regulator; flood elevatioR at any locatioR is as defIned in Soet:sri 22. ()4 of this ordiaanee. The "Regulater)' flood" is also kno'....n by the term "Base Flood." :Yo SIIIL". or SPECL\L FLOOD Hi'.z"-\RD /\RE.^. meallS those lunds '.vitbia the jurisdiotioB of the City t:B.ltt are subject to inundatien by theregulatery :Aoocl. The SFlL^~s of the City are generally identifIed as sueR OR the Flood InslI:nrnce Ra.re Map of the City prepa:red by the Federal Emei"heney Management "^~geRey ffi'ld dated Februa-rf 19, 2003. V. STRUCTURE mei1flf:] a structure that is priReipally above grolffid and is enclosed by walls and a raof. The term includes a gas er liquid st-orage tank, a manufacturedhoHie, or a prefabricated building. The term also includes recreatieaal 'lehicles t6 Be installea em Ii site for more than ene hundred eighty (IS9) eays. w. SUBST}.NTL^.L IIvlPROVEMENT means any recons1ruetien, rehabilitatioB, additioB, or other improvement of iii stnlOture, the cost of '.vhich equals or exceeds fifty percent (50%) of the Hlflrket value of the strnetIHe befclIe the "start ef eanstruction" of the iHiproveroent. This term iBoludes structures that. ha'ie iflemred "substaatial damage" regardless of thE) aemal repair work performed. The term does Bet i:a.dude improvements of struct&res to correct existing yiolations of state or leeal health, sanitarj, or safety eade requirements of MP/ alteratioBs of a "historie struetare," pro'lided that ta.e alteration--wild notpreduae the structure's continued designation as a "historie structure." d. Relocate the de[mitions found in Section 25. 14(B): Definitions to Section 3.07: Definitions. e. Amend Section 25. 14(B): Definitions to read as follows: 25.14 Premises IdentifIcation. B. Definitions. Tenns used in this Ordinance are defined in Chapter 3: Definitions. PREMISES IDENTIFIC}.TIm-L The common streot address of a buildi:a.g clisplayed in 1:iI:lffl€fal S. f. Relocate the definitions found III Section 25.07.01-02: Definitions to Section 3.07: Definitions. g. Amend Section 25.07.01-02: Definitions to read as follows: 25.07.01-02 Definitions. Terms used in this Ordinance are defined in Chapter 3: Definitions. DefInitions oentamed herein are terms not akeady defined in the Carm.el.zoni:ng Ordinonce and/or the Subdivision Ordinance. All termEi underlined in this ehaj3tor are. defined 'ivitbin this sigB erdina,nee. The word "si;B" as mad herein shall Rowe the meaning set forth Elelli.J'l/ althou-gh it is not underlined. In ease of a difference ill eefriti0a of torm, the definitioR gFYefl hGro ""ill be the one of authority in tieaHng '.-vith Sect;'en 25. (}7. i\DJ\4INISTR.^.TOR. The Adminisl:ra-tor of this Ordinance shaM be the Carmel Director of CORlfl1umty Services. The :\dministrator is hereby a-ufuorized and directed to emerliJe ood carry out 811 t:ae flrovisions of this section, Beth iH letter and spirit and is further empowerea to delegate the duties ana Jl8wers granted to and imposed apClB him under this Ordinance. L\s used in this seetion, "/u:iministrator" shall i:a.elude his authorized representaUye(s). p.22 Ordinance No. Z-416-03 A \VNING, PERM.;\NENT. A pemlB:B8Rt shelter SllJ3p0rted entirely frGffi the exterior wall of a build-iRg and compasea of rigid or nOB rigid materials. (gee defInition Elf IN aJ.l8ign). }..\\'}J]}JG, TEMPORARY. A temporary shelter, crected aaa:i:R place for less t-han six (6) months of aft)' gi'/on year, Sl;lf1JlertBG entirely from. the ellterior wall ef a building and CGmposed of non rigid materials except for 1'.he slipflorting framework. One deeeratlvfJ and Don commereiaJ nature, clearly i:E:cidental and custElEflMY and cOIIlffiQRly associated v,'ith any natio:aal, state, local ar religious holiday. Bl\...~R. }~ temporary sign eeBlflosed ofligk,veigBt material eitHer enelosed or not efldoGed in a rigid frame, seel:1:l'ed or mounted se as tl'l allow moveffient of the sign cCl:1:lsed by movement of the atml'lsphere. BUILDING FRONT.'\GK The linear lenglh of the primary fromage of the building or segment thereof facffig the ~ DB 'NEich the sign shall 1313 established. (.^.ppJ.ies to ground floor erHyj. GENTER IDENTIFICATION GROUND SIGN. }..pplicable en!y in a multi teBaflt Emil ding complex. ~ is limited tEl the name and/or aeEkess of the multi tffiailt building comeleJt I'ftlS permitted e~eable copy. GHf~~GE/'.YLE COPy. Characters, letters or illustratiClB:S that can be CflLt.BE;ed or rearranged non electrically or noli el<J6t:romeally v/ithout altering the face or smfaee ofthe-sigR. COMIAERCL'\L USES. This term inelmh,s eemetery, cl:iftie ef medical heaath oeBter, general cemmercial uses, gefleral industrial uses, day nursery, eeremercial greenhouse; heB€opter,laiFplane facilities, commercial kennel, kinder-garteB, [ann, mineral mltraetions, B1H'sffig/retirement/comaloseMt Genter, plant E:I:Ifsery, raising non faim arrimalslf-owl, riding &taBle. COPY. The werding on a sign s1::IiJaee either in penmnent er removable letter form. COPY.'\REA, The area i:B. oEll'l-ere feet of the smallest geometric figure(s) whiGh describes the J30rtiefl of the sign "?ihiell encloses the acmel GOpy of the sign. DIRECTORY SIGN. i'. sign ideatifying the names aaa lOGatil'lBS of the oeelip&.El.ts of a building. A directory sign may l;rtilize Changeable '2aJ3)'. For the pw:pese of t:his Ordinance a difedery sign is oot eounted as a Grouae SigH eyen if it is suppert<Jd from the groW1d. DWELLING TJ}lIT SIGN. .^. :aaHlooJate '.villi a sign ar<Ja not eJ~Geeding one (1) square fGot. EST.\BUSH. This term. slta-Y mean attaoh, alter, eanstruGt, paint, or IIlOve. FREmVAY. State Road 131, U.S. Hwy. 421, U.S. Hy,y 31 and Jaterstate 465. GROillID SIGN. l'~ sig.a sllpp811cd by one aT more uprights or braeos fllaGed in the ground, flat attaehedto any building: or strHemre. No display (f.[' advertising sign shall 'Be attaeilecl to the standard ef a crOllfld sign other tflaH fue display surface origieaJ.ly constructed as a flart of Gael! sigR. HEIGHT OF GROli~D SIGl'1. The vertical di51:aflee measured from the gro1Hld le'/el upon which the sigB is established to the hig;-hest pl'lffit of the sign stnICJture. HOLIDi'~Y SIGNS. T6ffil3orary signs Of ffispla-ys of a primarily aeoGFiili':e and non commercial Bature, clearly incideBtal am:! customary and e0H1Hlel'l:!y associated w#h an)" natienal, state, local Of rdigiol:ls holiday. IDBNTI-fIC^.TION SIGN. /\. sign which is limited to. ll1e name and/o-r adckess of a building, institutioB Elf pefGofl; to the activity carried on in the builemg of :ffiatitution; the occupatieH af the person; andlor the lege. A logo, if desH:ecl, r.epresenting the el:lildiftg, bUBineSS or institution OR a sign in a unified ceater is limited to t\yenty fiye perocJRt (25%) of the sign area. p.23 Ordinance No. 2-416-03 ILLUMIH:\. TION. Artificiall:i:ght vihich shall Het he bliRking, fluctaatia:g or moving. Light rays shall shine only Hflen the property \\ithiB the premises and shall Hot Sflill oyer the I3roperty li::aes ill any directiOR, eJl6e}'lt by indirect refleetion. INTEGR.. \L SIGN. A sign whieh is limited to 1:00 Hame af the builEl.-i:E:g, the date of erecti-on, a historical l'Badcer a,ad/or a COmmem0fative buildffig tal3let such as a cemerstoBe, when carved jato stone, concrete ar similar ma1erial Elr :made of bWB2e, aluminum, or other fl€ROOTIent type eElastrnotion and Illilde part of the structure. lB:tegral signs are net iHtel'u:led to be used as a means or p:f8ffi0tiOR, advertising ar idl.mtification other than as outlined ~. IN8TITUTION. l'. .non profit organization established for public, cha1itahle, educational or religious purposes sueH as, church, college or uffi';ersity, hospi:tal, seJ3.eol. INSTITUTIOtL^.L SIGN. -'illY si:ga setting f<>rth the Rame of any public, charitable, educational or religious instiMiElB, located entirely '.'.'itfti:a the premises of !hat i:astitHtion. L^J'.IDSC.'\.PE. To make u plot of ground more attractive by adding plantings o!her fuan grass and which may include Mo:unding per this OrdiBaHoe. LEG,,\L NON CONFORMING SIGN. ",'on)' sign '.yhich Wi:I-S lav,:full)' established (has reeep.'ed a sign ~t)and:rnaiHtRi:fted prior to such time as it came ',"lithin or l.lBder!he tenns of this Code, NoveHleer 5, 19&1 or the prier 8igs. Code, May 23, 1973 aHa aHY amendment 1:OOretEl, aBd wb:i:eR fails to conform. to all applicable regulati.-e.B:S a:Ed restrictions of \:his On!i-Rance, or a non conforming sigs. for which a '{maRGe has been granted by !he Bea;rd and for which a sign pel'FBit has beoo issued. (See aloe Seetien 25.07.(8). LOGO. Theafficial emblem Elr iftsig'IHa of an orgarriza-tisH, Gorpora1:ion or institl:ltiOB. MOUl'lDING. For !:he pl:trpose of sign placeff1eH:t slopes whose ratio ffi'e i:n e1:eess of 1 (yerticill): 10 (herizontal) 1: 10 (10%) "IElpes reqaire approyal BY the Commission per arefl:iteotw:al desigN, lighting anB sigaage review. Approval sf mounding must be a ]3art of the oyerilll site laRd5efrflmg plan. :MVL TI PAMIL Y HOUSING CO:MPLEX. A 8uildi-Rg(s) fer residentia:l pUf\3oses with three (3) or more &vielhag "Huits, haying COIllillI3I1 or party 'Nulls, OR a smgle lot. MUL TI TEN..\~ITMm_,TI LEVEL BUILDING. An office or eol.'fli1:leroial1:lUilding, ocoupied by h-vo ~re businesses, ';ihic-h cannot be classifieEl as a Multi tenant GF800d Ploor Bl-lilding. }..1lJLTI TENMJT GROIDlD FLOOR BUILDING. .'\11 office or ee:fl:lmoreial building, occupied by t',VG (2) or more busmesses in v{hich every blismess ooclipies space on t8.e greund floor and eye>)' fl80r e)(isting aboye. IvfUL TI TEH^ .NT BUlLDlNG COMPLEX. Two (2) or more buildmgs desigBed t-o function as a unit, or one (1) BHildiflg with seyen (7) E1r Hiere teRams. M:UL 11 TE-N.^.NT BUILDlNG COMPLEX DIRECTORY SIG:t>1. .^. directory sign in a multi tenant buildffig eeffifllffi( Gnly if approved BY ilie Celllinlssion v;hen preSl:lRteEl as part of a total sign padmge (B 4, B 7, B g, M 3 and U.S. 31 Overlay Zene). Copy is limited to the aameo and'er laea-tioRS of the buildings i:B the amlti tenant building cOffif.lle3L Said sign shan have a maximum Sign Area ef twenty (20) square feetEl:E:d a Hli3.JOmUnl height of five (5) feet. NA.MEPL^.TE. A Ron electrical '.','all siga idl:lfltif)llig only the name aHB 6e6Hflation or profession of the occupant of the premis(J$ on "Allch the signis leGated. If aBY premises include mere than one oocupaat, refers to all names anB eeetl]3atlClll5 or professions as well as the fla-me of the 61iiJding nnd directional inf'E1rmatiGI3.. OLD TQi,VN C.\RMEL. See Map on Page M 1. PARKING 8IGN. .'\ny sign used to aesignate par1cing areas of spaces fOf flublic or private use. Sigas ident:i:fY.ng parl<:i:E:g ar:eas sooll be used solely for ieeoofication purposes, with only one parldBg sign. per property froB:tage, inelHEliBg alleys for the pl:lIpese of this definitiol3. only, petmitt-ed. Signage ased tEl iHdieate the reservatien 8f a 13arking space for a speoific person is p.24 Ordinance No. 2-416-03 permitted el:lt, copy shall be limited to the :aame or title of the persoR for ,,'{hem the space is reser:ed. (See also Sec. 2HJ7.{)! 3: Exel'lrpted Sigm). POLITIC.'\L C'\MPAIGN SIGN. .^.n-y sign h6.'/iRg refeI'ence tEl a eandidate fer elebtive public office or a ]':lei13lie question or issl;le to be submi:tteEl to the '{ot-ers at a geneI'al, speeial or priffiary election. PORCH SIGN. f. sign attaehed to a porch er overhang. f. IDaJUm.um sign area ef SB: (6) square feet. This type Elf sigEl shall be permitted only in Old Tewll Carmel. PORTABLE SIGR f. siga fiet pormanently ancaomd or secldfed to either a 'Emilding or the gmw1d. PROJECTING SIGN. A sign attached to and suppElrted by a building anB 7:hieh extends em at afty 8:flgle tRerefrom. This pjpe of sign shall be permitted in Ole Tm'l1 Carmel aBly and shall be limited to t::ent'j (20) square fuet ~1timum sign area. PROPERTY FROl'IT.^.DE. The leHgth of property bi:Be sf anyone premises parallel t-o and ale:ag Ofj6 (1) public and/or EIl'le (1) privat~ street. P1JBLIC EVENT SIG:j>.;-. A temporary sign announcing fuaGtion of public iBterest. This dees not me1ude S..\LE signs. PUBUC SIGN.Offieial notices posted by pRblic offioers sr employees:i:a the performance of their duties. REAL ESTATE SIGN. .'\By sign advertising the sale, rental or lease of the premises or part of the premises sa which the sign is loeated. RECRK^.TlONAL USES. This torm includes eeu&tr)' club, golf 6e1:lrsO, park or recreational faeility . ROOF CROv.,'}L GutteI' line. ROOF SIGN. .A sign estal3lished and maintainea <tJlSFI the roof ora butisiRg which is loeated betv,~cn the reef liRe &Ad the Roof en)',",'!'L Roof signs are prslHeited on residooees which have been ceRvarted t-o office, BUSineSS and/or manufaeRning uses. SET BACK. The m.ea&urad distance betwaea a sigB structure and the street right Elf way. SIGN. Any structure, fixture, Jllaeard, announcemeRt, aeGlar.:ttion, de',ice, demonstration or insignia used for di:reetion, informatieR, ideatification or te ad':ertise or premete aFlY business, product, goods, activity, seryices or any interests. SIGN :\REA TIle area of a sigH shall be calculated by mwtitJlying its mam.-I:1I.FI vertical dimension l3;4ts-maximum HsrizclfItal dimension, ~(E)mdiBg the structural Sl:lflport. The gross siga area of a grOO1'ld sign or projeeti:ag sign with back to 'Baek ideBtical copy fficnJBtod on the same standars{s) slitall be the total area OR one (1) side of the si.;a. SIGN F.^.CE. The part of ilia sign area that is intended primarily fElT or can be utilizCJd fur cOIDfl'lm1ieatioapurposes. gIGtJ PERMIT. A permit sigHCJd by the Acl.mi:niskator stating that a preposed sign has met '.vifu the geaeral pflwisions oftbis OrdiBaflce. gIGN STRUCTURE. .'.:R')' structure 'Nhich sl:lflperts, has supported er is capable of sUP13Elrting a sign, iacluding decorative eovCJr and planteI' boxes. SINGLE TENANT BUILDl}JG. .\11 office or c0:lflfUereial building in ';,bieh all space is occupied by one tenant. STREET. .^. right of '.val' othoc thafl ffi'\ alley, dedicated orotilenvisc legally established f-or the puBlie use, usual:ly affording the principal means of access to abuttiH.; flrElfler1y. SUSPENDED SIGN. A ground sign Sl:Ispended from and iasta:lled en an arm or :>pM attached to one (1) upright, decorative flole. The pole ane aTFH and/t)r spar are li:mited tt) a maximum 16 p.25 Ordinance No, 2-416-03 square inch cross sl3etiOBal area. 1>Jo Eksplay or >icYlertising sign shall 1:ll3 attached to the standard of a iffis}3!:!nded sign otlier tfllli'lthe display sullae!:! originally eOfiStructed as a part of such sigs.. (Twelve (12) square feet maxirn1:1'H1. siga area). This. t)'fle of sign shall be pe:rmiMd only in Ohi T0'7.'R Carmel. TR.^.PFIC DIRECfION,:\L SIGN. Sige. r:Hi"ee-tiagtraffic movement onto andfer Y'~L-thm a premise, net eJl:ceeaing wee (3) square feet in !',ign area fer aft}' one (1) sigH:; aflG shall not be hig1ier than three (3) feet ile6ye grotuld level. StaflclaTd traffic direetiooal signs, SOC.fl as STOP and :"fIELD signs, shall comply ',y;,& the "Uniform Ma-ItuaJ For Traffic CElIiHol Devices." UNIFIED CENTER. A groUfliftg of businesses (If buildings desigaed to function as a I:IUit including OClaYEliied residential stnletures '.yith more tRiffi one (1) oco1:lpant space. VEHICLE SIGN. LA. Gigs on a 'lE1reele Elf any ldnd, proyi,eed the sign is paiated or attached directly to the body of the origiHal vebicle and does oot project or ext8fl:d beyond tvlO (2) i:aehes from the original HlaI3*lfaemred botly ]3reper of the '/ehicle. TRe '/ehicle te ';lhiefl the sign is attaehad shall be in pr0]3er v.'orlcing order aae shaY bear a CUIIeRt lieense plate and shall Bet be pelTIliIDeHt:l.y ra,rked on a public street or street right ef way. See also Seetien 25.97. ()! ()4fqf. W toLL SIGN. A sign estai:Jlished on the wall sf 8 bailding v,ith !:he faee m a plJIallel plane ts taG plane of 1;Bo building wall, and ,...hieh fJrojects from 1:hM S1:-lnhce less thaft ty,'c!ve (12) inches at aJ.l points. Said siga shall Flat extend s6yefta the edges sf the wall upon ',yhick it is mounted nor aesve the roofline. PerIJ"laflent a.....nings attaeaGd to the buildiHg sl3:aU be wnsiderad a part of the stnlerure, and signs esta-alisaed on permaneet a'.'.TIings shall be eoBSidered wall sigBfl. Wr'IDO'N AREA. The t(3tal area of all ',vindews alo>>g a BuildiHg FroBta,ge. WINDOW SIGN.' 1m)' building sign, picture, symllol er combination thcrcef, designed to communicate iBfel1.'lJation about an aoti,..ity, business, COIfHfl:sdity, event, sale or serviee, thaHs: a) ~: i) insido of and ..~ two (2) feet of a '.yffidElw; or ii) upon the W:i:B.clEJ\vpanes or glass; aaG :a) visible frOffi the e~cterior of the window. h. Relocate the definitions found III Section 29.07.01: Definitions to Section 3.07: Definitions. 1. Amend Section 29.07.01: Definitions to read as follows: 29,07,01 Definitions. Terms used in this Ordinance are defined in Chapter 3: Definitions. All ef tke definitions coetaiaca in Chapter 3: D3fmitisl'ls of the ZoningOrdiRance tJhall ap~ this PRIF Ord-iRaaee. In addition, the fellewing definitions ana rales of constructiea sRall also apply te this PRIF Ordinaace: FISCAL OFFICER. The fiscal officer, as clafiFIed by stated law, (3f the local government unit imposiflg an impact fee pursliant to this PRIF OrcliE:a-Hee, namely the Clerk Treasurer of the City of Carmel. IMP ACT FEE STATUTE. The fellov:iRg provisioIl5 of the Iad,i.ana Code, as amended: IC 3 €i 7 4-+WO through IC 36 '7 1 1342. p.26 Ordinance No. Z-416-03 IMPROVEME-NT LOCATION PERMIT. For purposes af the Impact Fee StaMe, an Improvement Location Permit (issued under the Carmel/Clay Zoning Orcli:nanee) shall be considered a "structuraJ. Emildiag permit. " PARKS AND RECREi\TION INFR..:\STRUCTTJR.B. The capital imJOHwemonts that comprise tlJ.e )3arke al'1d other recreational facilities that: (t) are OYfflea ar leased by the Parks Bean! solely for a public pWflose, and (if) are ifIc1uded in the 2001 200€i Zone Impro'remeBt Plan. Parks and Recreatien IBfrastructure inclucles the .'lito improvements and interests in reo.l property Heeded :fur such parks and et:Ber recreational facilities. P.\RKS BO.^...RJ). The Carmel/Clay Board of Parks and Recreation, which is hereby ideHtified as the "infrastJ.ucRtf.'e agoEloy" that is responsible fer acquiring, consHl:lcting, er providing Parks ana Recreation Infrastructure. PETITION fOR RBVIEW. .^. petitio1'1 filed vtith the Director ta initiate an appeal of an impact fee ealeulatien. REVIE'N BO.^..RD. The CarmeVClay Impaet Revie'.'.' Board established $der Section 29.07.09 belew. ZONE IMPROVEMJiNT PLAN. The Z8Re improvement plan fer Parks and Recreation iiJ.frastructure which was prepared by the Ce:mmi8siclfJ. in conjunction y;i~ the 2020 Vision Cemprehonsi'lc Plan of the City of Carmel and Clay TO','f.B.srnp and approved by the Commission on Sept-embor 17, 1996, was duly and properly revie\ved and amended, such amended yeH,ien beiag approved by the Co:mmission on November 21, 2000, (the "2001 20196 Zone Improvement PlaB"). The 2001 2006 ZOBe lillflra'lement Plan is attached hereto as ExlJibii A aHd made a part hereof. J. Relocate the definitions found In Section 31.06.01: Definitions to Section 3.07: Definitions. k. Amend Section 31.06.01: Definitions to read as follows: 31.06.01 Defmitions. Terms used in this Ordinance are defined in Chapter 3: Definitions. All of t-l3:e definiti ems conto.ined in C!1spter 3.' Definitions of the ZeBiBg Ordinance shall apply to this Section. In addities., the fello'1>il'lg definitions shall alsel Elflflly to this Section: COM:M]TMJ~NT. A coyenant CElHeorning the use or de'lelopment of a flared of real property 'Uhieh is made in \VTiting by the ovmor of that parcel, either yohmt8rily 0I in aecordance with an order or reqaBat ofilia Commission. PL^.NNED mnT DEVELOPMENT DISTRICT. A zoning disl:riet for whiGh a PUD District OrdinaHoe is adopted under Section 31.M.Q1. PUD DISTRICT ORDINANCE. }. zoning ordinance tho.t: -l-. desigNates tl parcel oheal prel3erty as a Planned Dnit DevelopmeRt Distriet; ~. specifies uses or a raage of uses permitted in the Planaed UBit D0';elopment ~; J.. EHicflrossBs in detailed terms the aByelopmant requirements that apply i:a the Planned Unit Deyel0pment District; 4. spBeifies the plan dOCumeJJ:tati01'1 ami 8l:1flflorting information that must be supplied berere 81'1 Impro';ement Location Permit may be issued for dB,.'elopment of real property in the PlaftRed lrnit Development District; p.2? Ordinance No. Z-416-03 &. sp8cifies any limitation applioal:>le to the Planned Unit Development Distriet; and e. meets the requirements onc 36 '7 1 1500 ct scq. 1. Relocate the definitions fOlll1d in Section 34.00(A)(1-8) to Section 3.07: Definitions. m. Amend Section 34.00: Zoning Violations to read as follows: 34.00 Zoning Violations. Defillitions. A. Definitions. Terms used in this Ordinance are defmed as follows in Chapter 3: Definitions~ . -1-. CIVIL VIOLATION. The erection, alt-eratisH, enlargement, maintenance or use of any building, struernre or laBEl yiolatioI'l af any provision of the Zoniag OrdinaDGe, SHbdivision requirements, Sign Ordinaaoe, Bl:Iildifrg Code applicable tn such building, structure or la-Ea Hi the \50Il8 ];a '{:hieh it is located; ~. DEPARTMENT. DepElrtmeflt of Community Services; ~. GR:\CE PERIOD. Extension of time granteEl fer ,"oIrection, termination, or cessation of a civil violatiEJE ClftR0 Zoaing Ordinanse; 4. ~IOTICE OF VIOLATION. Notice issued by the Department; ~. REPKA.TED CIVIL Z01>TING VIOU.TIOH. /\ recurring violation of the Zoning OrdiRance at tHe same location; or a violation of the same SeetiEJR of the ZomBg Ordinance at a different location by the same respensible party; e. RESPONSIBLE P.\RTY. ;\IlY person, fIrm or eorporation, who uses pmperty in violatiea of the ZemBg OrdlBance or who lmm'/ingly permits another peIseR, fIrm or corporation to do so; +. ZONING ORDIN.\NCE. Zonmg Ordinance of the City of Carmel, To....nship of Clay, Hamilton County, Indiana oodifiea as OrdinaRee NCl. Z 160, as ameooea, amI tHe 8igB. OrdiaaBoe, Carmel/Clay Tmimship, Hamilton County, Indiana, eodified as Ordinance No. Z 196, as amended. .g. ZONlNG OFFICIAL. The Director sf tho Departmel3:t ef Commnnity Services or his designee. n. Amend Section 34. 03 (A) to read as follows: 34.03 Citation for Civil Zoning Violations. A. The Zoning Official Director or his duly authorized designee(s), upon verification of a Civil Zoning Violation, may issue a civil violation to any responsible party(ies) who cornmit(s) a civil zoning violation. The citation may be served by personal service or by certified mail or by placement in a conspicuous place on the property where the Civil Zoning Violation occurs. If personal service of a Civil Zoning Violation is made by a Zoning Official, said official will: 1. Wear on his person in a conspicuous manner, identification from the City of Carmel; and p.28 Ordinance No. 2-416-03 2. Wear on his person in a conspicuous manner, identification of his employment with the Department. The citation shall serve as notice to the responsible party(ies) that he has committed a civil zoning violation. 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. p.29 Ordinance No. Z-416-03 Ordinance No. Z-416-03 PASSED by the Common Council of the City of Cannel, Indiana this _ day of , 2003, by a vote of ayes and nays. COM1\fON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Luci Snyder, President Pro Tempore John R. Koven Robert Battreall N. 1. Rundle Ronald E. Carter Wayne Wilson ATTEST: Diana 1. Cordray, IAMC, Clerk-Treasurer p.30 Ordinance No. 2-416-03 Ordinance No. Z-416-03 Presented by me to the Mayor of the City of Carmel, Indiana thi s _ day of , 2003, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-416-03 Approved by me, Mayor of the City of Carmel, Indiana, this _ day of , 2003, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor CarmeVClay Advisory Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 46032 p.3] Ordinance No. 2-416-03 CERTIFICATION OF THE CARMEL/CLAY PLAN CO:MMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-416-03 Definitions Update RECEIVED To: The Honorable Common Council Of the City of Carmel Hamilton County., Indiana 2 r, .......,.,., t. ,.:"..~ CARMEL CLERK TREASURER Dear Members: The CarmeVClay Advisory Plan Commission offers you the following report on application (Docket No. 40-02 OA) to make amendments to definitions and group all defInitions into Chapter three of the Ordinance. The CarrneVClay Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting of October 21, 2003, the Carmel/Clay Plan Commission voted nine (9) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-416-03 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to Ie 36-7-4-607(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 this Certification is Tuesday, January 20, 2004. CARMEL/CLAY PLAN COMMISSION ~/ BY: Maril R ona HancocK, Secretary CarmeVClay Advisory Plan Commission Dated: Wednesday, October 22,2003 2003-0725; 2-416-03; Definitions Update Certification 2