HomeMy WebLinkAboutPacket 07-01-08
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City of Carmel
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date:
To:
From:
June 20, 2008
Subdivision Committee Members
Adrienne Keeling
Department of Community Services
Re:
July 1st Subdivision Committee meeting - Docket No. 08060001 OA
Enclosed is the information packet for the following item. If you have any questions, please give me a
call at 571-2417.
Docket No. 08060001 OA: Monon & Main PUD Amendment
The applicant seeks approval to amend Ordinance Z-462-04 Manon & Main PUD Ordinance
for the purpose of allowing non-residential uses on upper tloors in the Primary Area. The site
is located at the intersection of Main Street & 3rd A venue NW and is zoned PUD. Filed by
the Department of Community Services, on behalf of the Carmel Plan Commission.
June 17 PC Discussion:
At the June 17 Plan Commission meeting a couple of suggestions were raised by the
Commission. The first suggestion was that garages, if converted, should maintain their.
appearance as a garage from the outside. The second suggestion was to eliminate some of the
"impractical" uses listed in Exhibit B (pg 17). Examples given included carnivals, golf course,
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shooting gallery. Additional amendrmmls or discussio,!! it~s_are J!ighljgbteg in tb..e attached
dram
Background:
The Manon & Main PUD Ordinance was adopted in 2004, which set the framework for an
attached residential townhome development, including the option for ground floor retail
storefronts along Main Street in an area referred to as the Primary Area (pg. 19). More
specifically, a list of Primary Area permitted uses was included in the PUD Ordinance (pg 17),
which were limited to the first floor of any LivelWork Dwelling.
Now that Manon & Main is well under construction and with most of the Primary Area units
complete, there has been much interest in allowing Primary Area permitted uses to occur in
garages and on upper floors. In fact, four units have successfully petitioned the BZA for
variances to allow expansion into garages and/or upper floors. Three more petitions are pending
and another is waiting to file pending the outcome of this proposal.
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ONE CIVIC SQUARE
C\R.\<fEL, INDL\N1\ 46032
317/571-2417
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Given the fact thatsd many variaMes have been granted, the City feels it is appropriate to amend
the PUD Ordinance- to allow this practice to continue without petitioning the Board. Three
section of the PUD Ordinance are affected by this proposal, the,yare:
. 2.13 (B), Page, 5 Eliminates garage requirement :fOr hon -'residential units (garage
remains when used as residence)
Fixes a,n iI1cor.rect refer~nce_ (scriveners, error)
Livel\Vork Dwelling, elintinates fir~t floor limitation
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3.5, Page 6
15.26, Page 12
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2008-0620; 08060001 OA; Commiltee Memo
ONE CI\'1C SQUARE
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CARcvlEL, IND]~ANA 46032
317/571-2417
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.AS AMENDED _'_/2008
PURSUANT TO ORDINANCE Z-"---08
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. ORDINANCE Z~462-04
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MONON & MAIN
PLANNED UNIT DEVELOPMENT
DISTRICT
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DRAFT: June 20, 2008
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Sponsor: Cou.n'ci]~lr Ratt~rm~",n
ORDINANCE NO. Z-462-04 '
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARl\1EL, INDIANA
ESTABLISHING THE
,MONON & MAIN
PLANNED UNIT'DEVELOPMENT DISTRICT,
WHERI;:AS, Seetio'i1 31.6.4 of the Carmel/Clay Zoning Or~inarice Z-289 (the
"Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit
Development District in accordance' with the requirements of I. C.g 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth heteii! ,(tbe "Mbnoil & Main Ordinance")
which establishes the Manon ,& Main Planned Unit Development District (th~ "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel,1hdiana (th,e HCoilncir), that (i) pursuant to IC ~j6-7 -4-1500 et seq., it adopts this
Mon'on & Mai'll Ordinance, as an a:niel1dmcnt to the Carmel/Clay Zoning Ordinance and it shall
be in full force and effect from and. aftet; its, pasSage, (ii) all ,prior commitments shall be null and
void and repla_cedand_ superseded by thi_s .Monon & Main Ordinance, ,and (iii) this Manon &
Main Ordinance .shall be in full force and effect from and after its passage and signing by the,
Mayor.
Section 1 Applicabilitv of. 9rdinance
1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part of the
Carmel/Clay Zoning Ordinance, is hereby changed to designate th~ land described
in Exhibit HA" (the "Real Estate"), as a Planned Unit Development District to be
known as Mdnon& Main.
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1.2. . _Development m.the Dis~rict shan ~e g9ve,r,ned.eJ).1:irely by (i) the provisions of this
Monon & Main .ordinance and its exhibits, and (ii) those provisions of the
Carmel/Clay Zoning . Qrdinance specifically r.eferenced in this Manon & Main
Ordinance. In the event of,a co'nllict betWeen this Monon & Main Ordinance and
the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this
Monon & Main Ordinance shall apply.
'1.3. Any capitalized tetril'ndt defined herein. shall have the meaning as set forth in the
Carmel/Clay Zoning Ordinance in .effect on the' date of the enactment of this
Monon &,Main Ordinance.
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Section: 2 Permitted Uses ,and Development Requirements' for Primary Area. Main.
Street west of Range Line Road is a relatively .int(!ct example of street front retaiL The emphasis
is on encouraging new constructio'n and. renovations that conform to the desired character and
prohibiting 'changes that d~ not conform to the existing charaQter. The Primary Area will
enhance the pedestrian. 'commercial activity in the Old' Town District. All new constmction of
and alterations and additions to buildings shan oecur accordingto the followingguidelines:.
2.1. Use. The B3 Zoning Classiflcation 'shall apply to the Primary Area and the
permitted uses, for the Primary Area are set forth in what is attached 'hereto 'and
incorporated herein by reference as Exhibit "B" (hereafter "Permitted Primary
Area Uses"). The Permitted Primary Are'a Uses shall tJe subjectto the following:
A. No drive-through or drive~up faGilities are allowed for any use, including
automotive, banking, or food sales;
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Resjd~ntial uses, iBl:;luqing Attached Dwellings and Live/Wonk\Dwellings,
shall be perni.itted. "
B.
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2.2. Building mass.
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New buildings and renovatjons shall follow the general massipg, of a
"Main .Street" ccnnmerci;11 block, i,e., a'rectang:ularbuilding with a :bat or
slightly sloped roof, oriented perpendicular to the street.
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B.
Building Height shall not exceed forty five (45) feet in height.
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The first Floor and all other Floors shall have a ,coordinated compo,sitibn,
which will usually be indicated by the alignment of upper floor win,dows
and other features with openings.and fea~ures of the first Floor.
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2.3.
Materials. .
A. The first Floor and upper Floors may be composed of different materials.
The Fa<;ade' of the 4Pper Floors on any building that faces a public street
may be coristructed of wood siding,. Hardi-Plank, brick, stucco, or other
masonry units', and triIllmed in stone, contrasting briek, wood, or pre-cast
concrete'. Any ofllie foregoing materials may be painted.
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The first Floor of anew or renovated. buiJcl.ing" shall incorporate
architectural elernellts ,consisteht with the theme Ofpr:omoting first Floor
stQrefronts and said storefront architecturai" elements may be inserted into
a masonr.y, wood,,:stone or concrete panel frame. which is coordinated with
the upper Floot. Storefronts shall fuea lightweight materiaJ including, but
not limited to, ~luminurn, glass, Wood, ti1t\ artclpanelized composites.
B.
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c.
The materials in the rear of the building shall be coordinated with the front
Fac;ade, although they maybe different.
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D.
On the' fmnt Fa<;ade, at least fifty percent (50%) of the total area of the
first Floo:r (up to the line of the second Floor) shall be transparent vision
glass.
E.
FrQntand side Fa<;ades of buildings located on corner lots'shall be of the
same materials and similarly detailed.
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Exterior walks, steps, . ramps and paving shall be. masonry or stone pavers,
or poured Qr' pre-cast concrete.
2.4. i\rchitecture.
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2.5.
Windows, Doors.
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B.
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A.
Building Renderings. Attached hereto and incorporated herein by
reference.as Exhibit "c" are building renderings and elevations for the
buildings td be constructed in the' Primary' Area (hereafter "Building
RenderIngs- for 'Primary Area").
B.
,Color Palate. Attached hereto andin80rpbrated herein as Exhibit-"K" is a
'colof palate (he.reafter "Color Palate") depicting the range of acceptable
colors of the primary building materials for the buildings to be constructed
in the Primary'Area and Secondary Nea. - The final color schemes shall be
apprQved by the Director pursuant to the Final Development Plan approval
process.
A. A .separate entrance facing a public street shall be provided to the upper
Floors ora building if the use differs from the aile on the ground Floor.
Each Floor shall have windows.
2.6. Roof. Roofs shan have. a pitch ofless than three tbtwelve{3:12) and shall not be
. a substantially visible part of the building.
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2.7. Alterations and Additions. Exi~ting buildings may be substantially modified to
€onform to these guidelineS, except for designa~ed historic structures.
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2.8. Details.
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A. Cornices ,and .other details of existing buiJchpgs may not be removed,
unless the building containing the Cornices and other details is completely
. removed in its entirety as part 0fthe Development of the District.
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B. The .Faqadeshould have a flat front, with relief provided by minor bays,
windows and window trim, storefron[os, Fetessed doors, and features such
as special brick coursing, Pilasters and lintels.
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2.9. 'Setbacks.
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A.
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B.
All new buildings shall pave an articulated Cornice at the top of the
Fac;ade wall.
Front Setback. The buildings shaH be set 'ba,ck no more than eight (8) feet
from the front property line to allow for entrances and/or patio areas.
Side Setback. There are no minimum side setbacks; however, mid-block
pedestrian access to rear parking sha.ll be a ntinimum of six (6) feet wide.
Entrances.
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2.10.
A. The principal entrance to all retail areas shall face the public street.
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B.
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Additional entrances may face. the side of the building.
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No rear entranees are allowed except for residential or office uses,
. emergency exits, employees, IQading and trash removal.
2.11. ,Storefronts,. Storefronts ffiClY be internally illuminated with spots or other
i9<<<WQesceht lighting, so as tc? .display prominently and.attractively the business or
its products. Exterior lighting may be affixed to the building. '
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2.12. Permanent Signs. Awnings and Murals.
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A.Maximum-sign area: Birst Floor occupantsstiall be allowed a total of one
and a half (1-1I2) square feet oJ:sign for each linear foot of street frontage,
except that no single sign may exceed thirty-two (32) square.ofeet in area.
B.
Freestanding permanent signs are,prohibited.
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Building signs shall fit within the horizontal and vertical ekments of the
building and may not obscure details of the building.
D.
Signs may be perpendicular or fl at -mounted, including separately mO,unted
letters. Perpendicular sjgns may not extend more than five (5) feet from
the face of the building.
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No sign shall extend' above the Cornice line of the building.
F.
Allowabiesign~ may also bepairited in graphics in storefront or upper
Floor windows. Signs may also be imprinted on awnings., Signs may also
be painted on the sides of buildings (see Subsection 1l(j) below}. All such.
signs will be ihclucted in the calculations Jorfll&"(imum sign area.
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G. Retractable or fixed fabric awnings are aHowed, but these shall fit within
the storefront glass area and may not obscure details of the building.
Awnings may only be supported with building-mounted hardware.
H. Individual tenants should strive for a unique graphic image, rather than' be
required to conform to a single graphic style for the whole building.
I. Portable signs or displays of merchandise within the street right-of-way,
sidewalk or the front setback of the building shall not be allowed.
J. Graphics painted on the sides of buildings that are essentially commercial
in character or describe activities in the adjacent building shall be
conside~ed "signs". Graphics painted on the sides of buildings are
otherwise permitted but shall be reviewed for conformance with this
. regulation.
2.13. Parking and Loading Requirements.
A. Parking lots shall be located in the rear of the building only.
B.. Any Townhome or LivelWork Dwelling 10~~cLin..l!!~P.!i.-~_ :\rea
which iSllsed. in whole or in oart, as a residence shall contain a minimum
of a two (2) car garage. The exterior of all non:resrde-nfullv used units in
the Primarv Area shall maintain the appearance of a two (2) cali
2ara2e!Any Live/Work Dwelling loeated in a Primary .\rea shall eOfltam a
minifR1:1ffi of a tv:o (2) car garage. Additional parking for the LivelWork
Dwellings shall be provided for by inclusion of twenty four (24) on-street
parking spaces, as is depicted on the Development Plan.
C. On-street parking may be used to fulfill parking requirements.
D. Parking requirements may be reduced if businesses with substantially
different peak hour requirements agree to share parking. ,A petition shall
be filed with the application indicating the terms of agreement of parties to
a sbared parking arrangement.
E. While existing curb cuts may be maintained, no new curb cuts are allowed
on Main Street, and no parking lots or loading areas may front on Main
Street.
F. Screened loading and trash areas shall be provided for all businesses at the
rear of the building.
Section 3 Permitted Uses and Development Requirements for Secondary Area. This
Secondary Area will balance the pedestrian commercial activity in tbe Old Town District with
multi-family residences. All new constLUction, alterations and additions to buildings located in
the Secondary Area shall occur according to the following guidelines:
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3.1.
Use. Permitted Uses in the Secondary Area include:
A. Multi-family residential uses, including Attached Dwellings
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B.
Accessory Uses, including Home Occupation
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3.2. Maximum Building Height: The maximum Building Height shall be three (3)
Floors.
3.3 Minimum Set Backs: The Minimum Set Back from the north, west and east
perimeter boundary lines' of the Secondary Area shall be five (5) feet. There shall
be no Minimum Set Back from the south boundary line of the Secondary Area.
3.4 Architecture
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A.
Building rendering and elevations: Attached hereto and incorporated
herein by reference as "Exhibit "D" are a rendering and elevations,
depicting the building materials and architectural elements of the buildings
which shall be constructed in the Secondary Area (hereafter "Building
Renderings for Seconpary Area").
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B.
Community mail box structures: Attached hereto and incorporated herein
by reference as Exhibit "E" is a rendering of the community mail box
structures for the Se'condary Area (hereafter "Secondary Area Community
Mail Box Structures"). .
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3.5
Parking. Notwithstanding the provlSl0ns of Section 2.~13., each Townhome
shaH contain a minimum of a two (2) car garage. There shall be additional
parking spaces provided on the site, as depicted on the Development Plan.
25 Section 4 - Accessorv Buildings. All Accessory Structures and Accessory Uses shall be
26 permitted except that any detached accessory building shown in any Development Plan shall
27 have on all sides the same architectural features or shall be architecturally compatible with the
28 principal bui1ding(s) with which it is associated.
29 Section 5 Communications Eauipment. Cell towers shall not be permitted in the District.
30 Home satellite dishes shall be permitted in the District.
31 Section 6 Platting. The platting of the Real Estate into smaller tracts shall be permitted, so
32 long as the proposed plat complies with. the requirements set forth herein,. and the creation of a
33 new property line within the Real Estate shall not impose or establish new development
34 standards beyond those spe.cified herein for the entirety of the Real Estate. However, the
35 Development of any parcel shall conform to all Preliminary Development Plans and Final
36 Development Plans which are approved or amended per the terms of Section 13 below, and all
37 other applicable requirements contained in this Manon and Main Planned Unit Development
38 District Ordinance.
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1 Section 7 Landscc1lJifll~~ Landscaping shaH be required in accordance'with the Landscape_
2 Plan for the Primary Area and Secondary Area. All areas of the site not to be covered by
3 blJildings', hardscarie- materials or other improvements .as shown on the DevelQpqrent. PHm ~hall
4 be plahied with trees, shrubs; hedges, ground covers; and/of gras~es',ujj1esssuch,:area consists of
5 attractive vegetation to be retained, a? qepi'cted on the L~ds'cape Plan for the Primary Area and
6 Secondary Area, whic.h is attached hereto and incorporated herein-by reference as Exhibit "F".
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7.1 Planting Standards. Landscaping shall be integrated with other functional and
ornamental site 'de.sign elements; where apprQpriiClte, ~l1ch as haF9-~cape_ rpaterials,
paths, sidewalks; .0f ~riy water features;: aV-d. pla,atedat a ratio of six (6) shrubs per
unit ancl. (1) 9n~ tfeeper unit. Deciduous, trees:,planted to satisfy the landscaping
requirements of this Ordinance shall have at least a two and .one-half (2-112) inch
caliper and seven (7) Jeet in height at the time of planting llIll~ss otherwise specified
herein or otherwise indicated on ,the Landse;;~pe Pl~!L Ever-green trees shall be a
minimum Qfslx (6) feel iIiheight at the-time .of planting.. Shrubs shall be two (2)
feet in h~ight fit the time of planting. All trees, shrubs. and ground 'covers shall be
planted according' to accepted horticultural standflIds. Landscaping materials shall -
be appropriate to local growing and Climatic conditions, Plant suitability,
maintenance and compatibility with site.'construction features are critical factors
that slloj.lld be ,cotlsidei'ed~ Phintingsshould',be'designed with repetitian, structured
patterns, and complementary textures and calo~s; and shol!lld reinforce the overall
character of the area.
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7.2 Maintenance, It: shall be the responsibility oUhe owners and their agents to insure
ptoper Ihaintefiah"Ce ofproject landscaping approved in acc01:dance with this. Manon
&. Main Ordinance. This is to include, but is not limited to, irrigation and mulcJ:llng
of planting areas, replaci'ngdead,- diseased; or- overgrown plantings with identical
varieties. or a suitable substitute, and kee'ping the area free of refuse,- debris, rank.
vegetation and weeds.
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7.3 Tree Conservation. Because the Developer intends to pre.serve' the established trees
locatedalang the Nonh, and West pedmeter~; @1' the. Real Estate, those areas located
along the North and West perirneter;s of the Real Estate are' designated as "Tree
ConserVation-. Areas"pursuant t6 the Landscape Plan:. Tbe Developer shall
implementreasonableeffQrts in ,an attempt ~Q preseJ;'Ve th0se established trees,
jnduding efforts sllch;as Jene:ing, trimmi~g and/or other acceptable horticultural
practices and measures designed to preserve said' trees. While the Developer shall
- implement reasonable efforts to preserVe said trees, said trees may be removed by
the Developer ,pursuant to the De-velopel~' s re,asonable discretion and Developer
may also remove said trees under. any of the following cifcumstaQces:
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1. As is necessary to clear underbmsh and dead ttees;
2, As ls_,neG~ssaf.Y for tlie installation of access easements, rights-of-way,
streets, ,paths,. sidewalks,-andutilities' and ,dr:1inage improvements and
infrastructure; and
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'J 3: As necessary fQr public h~alth and safety,
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3 7 A, Landscape Plans. Landscaping for the District shall be inaccotdam:e to; ei) the
4 .Landscape Plan for the Primary Area 'and Se.condary Area, wh,ich is attached her.~to
5 and'incGtpeI'ated herein' by tefeFen~e as E~hlbit "F".
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7 Section 8 Lightim!
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9 8.1. Front .lighting for'Prirnary Area 'aad SeC0ndary Area Buildings. Each building shall
10 hav.e one (1) lightfix:tUre hfbuIltect to the' front of the unit. above or near the side of
11 the primary residential.entryway. The light shall be as depicted on Exhibit "G~ I."
12 8.2 Rear ]ightingforPrimary :Area and Secondary Area Buildings,: Each Townhome
13 shall have one .0) exteriQr grade light fixture mounted above the overhead garage
14 door. The lights,shall be as depicted o.n :Exhibit "G-2". .EachTownhome shan have
15 one (l) exterior grade light fixture mounted on ,the rear of the unit designed to
16 provide light to the terraCe area.
17 8.3 Site Lighting: The site shall include small. pole mounted lighting in locations as
18 ' depicted 00 what is attached' hereto ana ,incorporated herein by reference as Exhibit
19 "O-T', The light shall be as depicted on Exhibit "GA".
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Section 9 Proiect Marketing, Signs. Marketing Signs for the sale ,of Townhome unit$ shall
be '. allowed in designated areas as depict.ed on the Site :Plan Marketing SigJ? Locations, Which is
attached hereto <:Ind incorporated herein by refereIlGeaS Exhibit ~'H-l"., While Marketing Signs
may be moved iin .conj unction with project phasing; no more than tmee. (3) loCations may be
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lltilized at 'any -given time,. Marketing Signs shaH be substantially similar to that as depicted on
what is attached hereto and lncorporat~d,her:ein by reference as Exhibit"H~2",
Sedion 10
Rie:ht of Way Dedication and Roadwav Improvement Statement.
Section 10'.1 . 'Main Street: Within the project area a~ depicteQ on the Conceptual Plan in
Exhil;:Jir. ~'P; thirty,.five feet (35") half-riglit'-of~way will be dedicated to the City; since
buildings are located .Qn the fight~of:'wayline; the Developer shall install front
improvemenfs within the right-of-'way subject to this Monon. & Main PUD Ordinance;
SUGh improvements will include sidewalks as depicted on the Conceptua:IPlan in Exhibit
"I~' .
Section 10:2 3rd Avenue Northwest:; Within the project area as depicted on the
Conceptual Plan in Exhibit '''P', the rigbt-of.-way will include the planned on-street
parking spaces and street improvements., which will include on-street parking and curb.
Section 10.3 rst Street Northwest: Within the project area,as depicted on the Conceptual
Plail iIi E:J{hibit 'T',improvements will occut within the existing right-of-way and will
, 'include bn-stretWpar.king, cutb and driveways as shown.
Section 11
Mechanical Equipment. Any'mechanical equipment visible frbfu art adjoining
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public street shall be sereened with s\1itable landsea.pingor fenc:i'H.g. :jn general architectural
compatibility with the buiiding(s) with which it. is associated.
Section 12 HomeoWners ASsociation and Declaration of Covenants. The Developer s~all
prepafe .and record a Declaration of Covenants w.hich shall "also contain various provisions
"regarding the, Real, Estate. ias. determined by the. Deve10pef;including, without limitation,
.provisions for mandatoryass~ssmeIl.tsand maintenance. Qf CQmmon areas. The Declaration of
COyenlli.lts will also. provide for the establishment of a Homeow.ners Association in which
membership shaU. be mandatory.
Section 13
Approval Process:
13.1 Approval of the Development Plan.
A. Exhibit "T", which is attached hereto arid Incorporated herein by reference,
shall serve as the Conceptual Plan (the "CP"). The CP was assigned
Docket No. 04070036 ADLS/DP and the CPhas been reviewed and
approved by the Plan Commission. The CP constitutes the Development
Plan. and primary plat for the Real Estate" The architycture, design,
lightlng anq landscaping for the Real Estate and the improvements
thereon, considered in connection With the Monon & Main Ordinance, do
not require any further (i) ADLS approval or (ii) Development
Plan/primary plat approval other than Final Development Plan approval
per the procedure set forth be16v,l in this Section 13. If there is a
Substantial Alteration in the approved ADLS and Developm~nt
Plan/primary plat, review and approval of" the amended plans shall be
made' by the Commission, or a Committee thereof, pursuant to the
Corpmission's rules of procedure. Minor AJterations may be approved by
the Director. '"
B. The Director shall have the sole <Jod exclusl,ve authority to approve
withoJ,lt conditjons, approve with conditions, or "disapprove the Final
Development PHms/Secondary Plats (collectively; the "FOP") for the
Di.strict; provided, however, that the Director shall not unreasonably
withhold or delay<th..e Director's approval of the FDP that is in substantial
conformance with the CP and is in conformance with the Development
Requirements and Development Standards of this Monon & Main
Ordinan~e. If the Director disappHDves any FOP, the Director shall set
.forth in writing the. basis for the disapproval and schedule the request for
approval of the FOP for a hearing before the fuil Plan Commission.
C. An amendment to thy FDP,. whiChois :i1bt determined by the Director to be
a Substantia], Alternation or Material AIterationfrQm the approved CP,
may by reviewed and approved .saIefy by the DireG~or. However, in "the
event the Director determines that tliete has been a Substantial Alteration
or Matemn Alteration. between the approved CP and any proposed FDP,
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the Director may. at the Director's discretion,~ refer the amended FDP to
the Commission, or a Committee thereof, for review and approval by the
Commission and/or a Cotnmittee thereof.
D. The FDp'shall be a specific plan for the development of all or a pOltioh~ qf
.the Real Estate t,hat, is submitted for approval to the Director, which shall
include, reasonable clet<=!i.l regarding the facility and structures to be
cDnstructed, as well as 'drain'age, erosion control, utilities, and bll,iJding
.information.
Section 14 . Rules of Construction:
14.1 General Rules of Construction. The following general 'rules, 'of construction and
definitions shaH apply to the regulations of this Ordinance:
A. The singular number includes the plural.and the, plural the singular, unless
the context clearly indica~es the contrary.
B. Words used in tqepreserit tense ilJ-Glude the past and future tenses, and the
future. the present.
C. The word "shall" is :a mandatory requirement. The word "may" is a
'permissive requirement. The word '~should" ka preferred requirement.
Section 15 Definitions
1. AccessorvStntcture.. A structure suborcllnate to a building or use located on the
Real Estate which is not used for permanent human occupancy.
2. Accessory Use. A uS!C suborqina:te t.o the Ul;;l.in use, located on the Real Estate or in
the same building as thernainuse, and incidental, to the main use.
3. Attached Dwelling, A Dwelling, 'including but not lil}lited fo, a Townhouse. duplex,
triplex, or quadriplex,dwellings, developed SIde by side. fm sale as condomihiums
or townh@mes pUI~uant 'loa horizontal property regime, ot as fee simple dwellings
where land is :sold with thedwellihg.'
4, Building Height. The vertical distance from the highest grade relative to the Street
frontage 'to. the cornice line or to the mof edge line. The'vertical distance from the
cornice, line or. the roof edge to the parapet <;'If feof ridg~ (including gables), and the
height of to~ers, steeples, cupolas and other architectural roofembel1ishments are
not i neluded in calcqlating building heigh~.
5. City.. The City of Carrriel,Indiail(l,
6,C0mmission. The Carmel/Clay Plan Commission.
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2 7. Cornice: The top part of an, entablature, usually moldc;dand PTojectiI1g.
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4 '8. Cou'ncil. The City Council. of the, City of: Carmel, h1diana.
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6 9. County. Hamilton County, Indiana.
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8 10. Declaration of Covenants. A Declaration of CONcnants, Condi6ons and
, 9 Restrictions for the Real Estate which shall be reGarded in the office of the
10 Recorder of HainiltonCbunty, Indiana, and which may, from time to time, be
11 amended.
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13 II. Plan, Conceptual. A genei'at plan for the deyelopmeffLof the Real Estate that .is
14 suomitted for approval showing proposed facilities; buildings, and 'structures. This
15 plan generally shows landscape areas, parking areas, site access, drainage features,
16 and :buiJding locations. The Conceptual Plan is attached hereto and incorporated
17 herein by.reference as EJ\hibit "I".
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19 12. Development Plan, Final, A specific plan for the development of the Real Estate
20 that is' submitted for approval showing proposed' facilities, buildings, and. structures.
21 This plan' review incl'udesgeneral Iimdscapirig, park-rng, drainage, erosion conlrol,
22 signage, lighting and .building information for the site.
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24 13. Development Requirements. Dyvelo,pment standards. and any requirements
25 specified in this MO,llon &. Main Ordinance wI1i~\1 niust be .satisfIed in connection
26 with the app~oval of a FinafDevelopment Plan. .
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28 14. Developer. A person engaged in development of one or more phases of the
29 Development.
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31 15. Deyelopment. The Real Estate constituting the Distriat: as .it may be develqped and
32 improved in accordance with this Ordinance and the Devdopfl1e.nt Requ'irements
33 contained herein.
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35 16. Development Plan, Also referred to as the Conceptual Plan, which'is the plan for
.36 the development of the District approved by the Commission, a copy of which is
37 -attached hereto as Exhibit ''1''', as the same may be modifieq from time to time.
38 pursuant.to Section 1 B, AlsO referred to as Preliminary Development Plan.
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40 17. Director. Director, or Administrator, of the. Department' of Community Services for
41 the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her
42 authorized representatives.
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44 18. District ApPf-Q{(imately 4A:5 acres of hind described in Exhibit;'A" attached hereto
45 and incorporated herein.
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19. Dwelling. A room or combination of rooms which may be designed for year-round
habitation. containing a bathroom and kitchen facilities. which may be designed for
and/or used as a permanent residence by at least one person. See also "Attached
Dwelling" and "Live/Work Dwelling."
20. Facade. A building face or wall.
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21. .Floor. See definition of Story.
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22. Material Alteration: Any change to an approved plan of any type that involves the
substitution of one material, species. element. etc. for another.
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23. Minor Alteration: Any change to an approved plan of any type that involves the
revision of less than ten percent (10%) of the plan's total area or approved
materials.
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24. Landscape Plan. The general design for landscaping in the District depicted on the
Development Plan or on a plan or drawing submitted to the Department.
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25.' Landscaping. Trees. shrubs, hedges, flowers ground covers grasses, other plant
materials and associated structures and improvements.
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26. Live/Work Dwelling. A type of Attached Dwelling in which the uses permitted in
the Primary Area are permitted in the Live/Work Dwelling pursuant to Section 2 of
this Ordinance. The first floor, only. of any Li';elWork Dwelling may be utilized
for the ROB resideRtial Hses pursuant to SectioR 2 of this Ordinance.
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27. Marketing Sign. A temporary sign which advertises the sale, rental or development
of the premises upon which it is located.
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28. Mixed Use. The combination of both commercial and residential uses within a
single building of two or more stories.
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29. Modification. A change to the Development Requirements approved pursuant to
Section 13.
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30. Open Space. A .land surface within the Development intended to enhance the use
and enjoyment of residents of the Development, where designated, the community
at large. Grass and landscaped areas, hardscape materials. paths and sidewalks may
be included in the required area calculations.
31. Owners' Association. An Indiana nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of Manon & Main, and
to manage. maintain. and repair the common areas within the Real Estate and any
improvements located thereon.
32. Pilaster. A column partially embedded in a wall.
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2 33. Primary Area. That part of the District more particularly,delineated in green ,on the
3 Prim'ary Area and Secondary Area Map attached hereto and incorporated . herein as
4 Exhibit "J". The line delineating the.Primary Area boundaries may be adjusted by
5 ten (10) feetto the north or south. .
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7 34. Real Estate. The Real Estate shall mean and.refer to a11 ofthe.Real Estate described
8 in Exhibit'''A''.
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10 35. Right-of-Way!: Ah area. of land permanently dedicfated to provide light, air and
11 access.
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13 36. Secondary Area. That)Jart of the District more particularly delineated. in yellow and
14 located north of the Primary Area as more particularly delineated on the Primary
15 Area and Secondary An:~a Map attached hereto and incorporated herein as Exhibit
16 ''1'', The line delineating the Secondary Area boundarjes may be adjusted by ten
17 (10) feet to the north or south.
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19 37. Set Back: The least' measured distance between a building or structure, excluding,
20 however, porches, patios, and the perimeter boundary of the Real Estate. For
21 purposes of determining Set Back, the perimeter boundary of the Real Estate
22 (i) shall always mean fand refer to the outside perimeter boundary line. 0f the Real
23 Estate and (ii) shall not be changed or reduced by reason of the platting or
24 subdivision onhe Real Estate into smaller 'parcels.
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26 38. Sign: Any type of sign <).S further defined and regulated by this Ordinance and the
27 Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended.
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29 39. Story andlor Stories. A habitable level andlor level~ within a building no more than
30 16 feet in height from floor to ceiling. A basement, although wholly or partially
31 habitable, is' not a story unless more than fifty percent (50%) of the basement
32 elevation is above;.grade at the build-to line.
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34 40. Street. The paved areas located in the District designed for vehicular traffic and
35 labeled on the Development Plan as a street with a corresponding name.
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37 41. Substantial Alteration: Any change to an approved plan of any type that involves
38 the revision of ten percent (10%) or more of the plan's total area, total square
39 footage of all buildings, or approved materials.
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41 42. Townhome: A Dwelling of two (2) or more Dwellings arranged side by side,
42 separated by corpmon walls between living areas, each having more than one story.
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44. 43. Townhdme Building: A structure containing Townhomes.
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46 44. Trim: Soffits, architraves, wood' reveals, and casement around doors and windows.
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Section 16 Violations
16.1 All violations, of this Manon & .Main Ordinance shall be subject to Section 34.0 of
the Carmel/Clay Zoning Ordinance.
PASSED by the Common Council of the City-of Carmel, Indiana this -----"--- day of
, 2004, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby .
Ronald E. Carter, President Pro Tempore
Brian D. Mayo
Fredrick J. Glaser
Mark Rattcrrnann
Joseph C Griffiths
Richard L. Sharp
ATTEST:
Diana L. Cordray, lAMe, Clerk Treaswer
Presented -by me to the Mayor of the. City of Carmel, Indiana the _ day of
, 2004, at 0' clock .M.
Diana L. Cordray; IAMC, Clerk Treasurer
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Approved. by me, Mayor of th~ eit)' of Carmel, Indiana, this
, 2004, at o'clock_.M.
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19 . This Instrument reviewed by:Charle~ D. Frankenberger & James E. Shinaver
20 NELSON & FRANKENBERGER
21 3021 East 98th Street, Suite 220
22 Indianapolis, IN 46280
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- . .
James Brainard.; Mayor
ATTEST:
Diana L Cordray, IAMC, Clerk Treasurer
This Instrumentprepared by: David E.Leazenby, Buckingham Companies
333 N.Pennsylvania St., 10th Floor
Indianapolis, IN 46204
H:\.Jimi::t\Edcn\Cuuncil Dran ] OfUipance lllfi04.doc.
15
day of
1 EXHmIT "A"
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3 Lel!al Description
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5 DESCRIPTION OF REAL ESTATE OF FREDERICK P. HINSHAW
6 AND.NANCYRHINSHAW'
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9 TRACT 1
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11 A part of the East Hal~ of the Northeast Quarter of Section 25, Tow.nship IS NGlth, Range 3
12 East, described as follows: Beginning 69 rods 4 feet 6 inches West of the Southeast corner of
13 said Quarter section, run thence North 18 mds 7 feet, thence West 10 rods, thence South IS:rods
14 7 feet, thence East 10 rods to the place of beginning, the same being located in the Town of
15 . Carmel, Hamilton County, Indiana, containing, ] .J? acres, more or les's.
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17 Subject to the right of way for Main Stree~ (1'31 5t Street).
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19 Subject to all legal e31sements and rights"ohvay.
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21 TRACT 2
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23 Patt of the East Half of the Northeast Quarter of Section Twenty- Fi ve (25), Township.Eightet;n
24 (18) North, Range Three (3) East, descdbed as follows: Begin" 51 rods and 14 feet West ohhe
25 Southeast comer of said Qllarter SediQn and run North 18 rods and 7 feet, thence West 15 rods
26 and 10 feet, thence South 18 rods and 7 feet, thence East 15. rods and 10 feeHo tl;1e place of
27 beginning, in Hamilton County, Indiana, containing 1.80 acres, more ot less.
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29 Subject to the right of way for Main Street (13151 Street)
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31 Subjectto.alllegal easements and rights of way.
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33 TRACT 3
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35 A part otthe Southwest Quarter of the NOrthea?t Quarter of Section 25, Township 18.North,
36 Range 3 East in Hamilton County, Indiana" more particularly described as follows: Begin at the
37 Southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 25, and run
38. thence North on the East line of said Quarter Quarter Section 307 feet; thence West parallel with
39 the South line of said Quarter Section 2 i 2,83 feet; thence South parallel with said East line, 307
40 feet to the South line of said Quarter Section; thence East on said South line 212.83 feet to the
41 place of beginning, containing 1.50 acres, more or less.
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43 Subjectto the right ofway fOf'Main Street (131 Sl Street)
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45 Subject to all Legal easements and Tights of way.
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I EXHIBIT "8"
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3 The following is a Schedule of Permitted Uses pert:;lining'to the use andd'eveJopment of the
4 Primary Area:
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6 RESIDENTIAL
7 Multiple Family Dwelhng
8 Home Occupation
9 Boarding or Lodging House
10 Nursing/Retirement/Convalescent Fac'j]jty LiveiWork Unit
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12 OFFICE.
13 Clinical or Medical Health Center Research Laboratory/Facility
14 . General Offices
15 Profef>sional Offices
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17 INSTITUTIONAL
18 Church/TemplelPlace of Worship
] 9 Hospital
20 Library
2] Post Office
22 Public Service Facility
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24 EDUCATIONAL
25 School, Trade or Business
26 College or University
27 Day Nursery/Day Care KindergartenlPreschool
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29 RETAIL & SERVICE
30 General Retail Sales
31 General Service
32 Automobile Service S talion
33 Automobile/Truck Repair (indoor)
34 Dry Cleaning Establishment (w/ on-site plant)
35 DryCleanin,g Es.rablishment (w/out on-site plant)
36 Equipment SaleslRepair (indoor)
37 Financial Institution
38 ATM
39 Funeral Home/Mortuary/Crematory
40 Recreational Vehicle/Mobile Home Sales
41 Roadside Sales Stand
42 SeLf-.Service Lailndry
43 Veterinary Hospital w/out commercial kennel
44 Who.lesale Sales
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CULTURAUENTERTAlNMENT
Art Gallery
Art & Music Center
tarniv~ls, Faig, Circuse1, etS-
Hotel
Hotel (full service)
Indoor Theater
Catering Establishment
Restaurant, w/out drive-thru food sales
Meeting or Party Hall
TavernlNight Club
INDUSTRIAL
Storage and/or Sale of Petroleum Products
Printing/Publishing Establishment
AGRICULTURAL USES
Plant Nursery
Gen~ral Agriculture
RECREATIONAL
Commercial Recreational Facility, Indoor
Commercial Recreational Facility, Outdoor
Cou~tEY Club
Golf Course
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Private Club or Lodge
Private Recreational Facility
Park, Public
.. - - ---.
:;hooting Gallery'
MISCELLANEOUS
~ificial..kake_ or Pond f!.lQ!!:-p'Jaueci)
Cemetery
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~ommercial Parking Lot
TRANSPORTATION & COMMUNICATION
Collocated Antenna
Radio and/or Television Studio
Radio/Television Transmission Antenna
Radiorrelevision Transmission Tower
Tower
Motor Bus or Railroad Passenger Station
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