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Home My WebLink AboutOrdinance DRAFT b\c4k-T Docket No. 04020001 OA NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY PLAN COMMISSION Notice is hereby given that the CarmeIlClay Plan Commission will hold a public hearing upon a Petition To Amend Zoning Ordinance pursuant to the application and plans filed with the Department of Community Services as follows: Amend Section 25.07.06: to provide for the Amortization of Non-conforming signs located within the Jurisdiction of the Carmel Advisory Plan Commission. Designated as Docket No. 04020001 OA, the hearing will be held on Tuesday, Febmary 17, 2004, at 7:00 PM in the Council Chamber, Carmel City Hall, One Civic Square, Carmel, IN 46032. The file for this proposal (Docket No. 04020001 OA) is on file at the Carmel Department of Community Services, One Civic Square, Carmel, Indiana 46032, and may be viewed Monday through Friday between the hours of 8:00 AM and 5:00 PM. Any written comments or objections to the proposal should be filed with the Secretary of the Plan Commission on or before the date of the Public Hearing. All written comments and objections will be presented to the Commission. Any oral comments concerning the proposal will be heard by the Commission at the hearing according to its Rules of Procedure. In addition, the hearing may be continued from time to time by the Commission as it may find necessary. Ramona Hancock, Secretary Carmel/Clay Plan Commission Dated: February 4, 2004 'D~Aif\ ORDINANCE Nos. Z-###-04. NOTICE TO T AXP AYERS CARMEL, INDIANA NOTICE OF ADOPTION OF A..~ AMENDMENT TO THE CARMELfCLAY ZONING ORDINANCE Notice is hereby given to the taxpayers of the City of Carmel and Clay Tmvnship, Hamilton County, Indiana, that the proper legal officers of the City of Carmel met at their regular meeting place, Council Chambers, Carmel City Hall, One Civic Square, Carmel, IN 46032, at 7:00 p.m. on Monday, the itmn day of March, 2004, and adopted the follo~ing: Ordinance No. Z-#l.f#f04, amending Section 25.07.06. Legal NOll-conforming signs of the Carmel/Clay Zoning Ordinance. Ordinance No. Z-~#~:-04 affects all propelties within the City of Carmel and Clay Township in Hamilton County, Indiana. Ordinance No. z-'iilit-04 amends Section 25.07.06.' Legal Non-canjanning signs of the Carmel/Clay Zoning Ordinance regarding sign amortization of non-conforming signs of the ordinance as follows: ---_.-._~~ Cnsert amended section?~ 25.07.06 Legal Non-Conforming Signs. (a) After the enactment of this amendatory Ordinance, the Administrator shall make a survey every twelve (12) months of the jurisdictional area for signs that do not COnfOlTIl to this Ordinance; and shall submit the results of the survey, in writing, to the Mayor, Council, Officers of the Board and Commission. This report is due on March 1, of every year and shall include the sections of this Ordinance with which said signs do not comply, and any necessary proof that said signs are legal non-confonning signs. (b) The Administrator shal1 also use all reasonable efforts to notify the user or owner of the property on which such sign is located of the sign's non-confonnity and whether it is legally non-conforrning or is illegal. Should any questions arise as a result of the Administrator's decision that a sign is a legal non-confomling sign or is illegal, the ftnal determination of such status shall be made by the Board as provided for in Section 28.06 of this Ordinance. An ongoing record of existing legal non-conforming signs shall thereafter be maintained as a part ofthe Board's permanent records. (c) Wllere a non-confomling sign was lawfully existing on Febnlary 1, 2004, the Administrato,' shall register such sign as a legal non-conforming sign, specifying on the registration form the date of the erection or installation of such sign and, if applicable, the dates on which the Board granted a variance and a sign perulit was issued. (d) A non-conforming sign as described in Subsection (c) above which is duly registered shall thereafter be deemed a legal non-conforming sign and may be continued without fUrther registration but only according to the following schedule: 1) A legal non-conforming sign that was erected or installed before May 23, 1973, shall be removed or altered to conform before March 1, 2008.2) A legal non-confonlling sign that was erected or installed after May 22, 1973, and before November 5, 1981, shall be removed or altered to conform before March 1, 2009. 3) A legal non-conforming sign that was erected or installed after November 4, 1981, and before August 7,1995, shall be removed or altered to conform before March 1, 2010. 4) A legal non-conforming sign that was erected or installed after August 6, 1995, and before March 1, 2004, shall be removed or altered to conform before March 1,2011. (e) If <I non-confonning sign existing 011 March I, 2004, is determined by lhe Administrator not to have been legally erected or installed and the user or owner fails, before February 28, 2005, to obhlin II variance from the Board allowing the sign to he continued, it shall be immediately brought into conformance with this Ordinance or shall be removed. (f) Where a variance is granted by the Board for a non-conforming sign aner March 1, 2004, such variance shaH be effective only for II period of ten (10) years, or such lesser period as may be determined by the Honrd at thetime the variance is granted. Such sign may be continued beyond sllch period only if the variance is renewed and the sign docs not otherwise lose its legal non-conforming designation. (g) A legal non-conforming sign shall immediately lose its legal non-conforming designation if: 1) the sign is not kept in good repair and in a safe condition and the state of disrepair or unsafe condition continues tor six (6) months; 2) the sign is relocated; 3) the complete sign and sign structure are replaced; or 4) the sign permit or variance under which the sign was allowed or pennitted expires. (h) On the happening of anyone of the above conditions the sign shall be immediately brought into conformance with this Ordinance with a new sign permit secured therefore, or shall be removed. (i) Nothing in this Ordinance shall relieve the owner or user of a legal non-confomullg sign or owner of the property on which the legal non-confonnmg sign is located from the provisions of this ordinance regarding safety, maintenance and repair of signs. The entire text of Ordinance Z-###-04 is available for inspection in the Department of Community Services, Division of Planning & Zoning, Third Floor, Carmel City Hall, One Civic Square, Carmel, Indiana; and in the Office of the Clerk-Treasurer, Third Floor, Carmel City Hall, One Civic Square, Carmel, Indiana. Ramona Hancock Plan Commission Secretary March 17, 2004 :A= 040'2000 I OA t)~}~ F\ Sponsor(s): Councilor Ron Carter DRAFT ORDINANCE NO. Z-4##-03 DRAFT AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance providing for the Amorlization of Non-conforming Signs located within the Jurisdiction of the Carmel Advisory Plan Commission WHEREAS, pursuant to the Advisory Planning Law of the State ofIndiana (contained in IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the zoning ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Cannel Ordinance No. D- 1600-02, the Carmel/Clay Zoning Ordinance is incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. ##-03 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, MON~H DAY, 200#, it hereby adopts this Ordinance to amend Section 25.07.##: and Section ##. ##: of the Carmel/Clay Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Section I: 25.07.06 (a) (b) Legal Non-Conforming Signs. After the enactment of this amendatory Ordinance, the Administrator shall make a survey every twelve (12) months of the jurisdictional area for signs that do not confornl to this Ordinance; and shall submit the results of the survey, in wTiting, to the Mayor, Council, Officers of the Board and Commission. This report is due on March 1 1, of every year and shall include the sections of this Ordinance with which said signs do not comply, and any necessary proof that said signs are legal non-conforming signs. The Administrator shall also use all reasonable efforts to notifY the user or owner of the property on which such sign is located of the sign's non- DRAFT Ordinance No. Z-4##-03 DRAFT p.l confom1ity and whether it is legally non-confonning or is illegal. Should any questions arise as a result of the Administrator's decision that a sign is a legal non-confonning sign or is illegal, the final determination of such status shall be made by the Board as provided for in Section 28.06 of this Ordinance. An ongoing record of existing legal non-conforming signs shall thereafter be maintained as a part of the Board's pem1anent records. (c) Where a non-conforming sign was lawfully existing on February 1,2004, the Administrator shall register such sign as a legal non-conforming sign, specifying on the registration form the date of the erection or installation of such sign and, if applicable, the dates on which the Board granted a variance and a sign pem1it was issued. (d) A non-conforming sign as described in Subsection (c) above which is duly registered shall thereafter be deemed a legal non-conforming sign and may be continued without further registration but only according to the following schedule: I) A legal non-conforming sign that was erected or installed before May 23, 1973, shall be removed or altered to conform before March 1, 2008.2) A legal non-conforming sign that was erected or installed after May 22, 1973, and before November 5, 1981, shaH be removed or altered to conform before March I, 2009. 3) A legal non-contom1ing sign that was erected or installed after November 4, 1981, and before August 7, 1995, shall be removed or altered to confoffi1 before March 1,2010. 4) A legal non-conforming sign that was erected or installed after August 6, 1995, and before March 1, 2004, shall be removed or al tered to conform before March I, 20 II. (e) If a non-conforming sign existing on March I, 2004, is determined by the Administrator not to have been legall)' erected or installed and the user or owner fails, before February 28, 2005, to obtain a variance from the Board allowing the sign to be continued, it shall be immediately brought into conformance with this Ordinance or shall be removed. (1) Where a variance is granted by the Board for a non-confoffi1ing sign after March 1,2004, such variance shall be effective only for a period of ten (10) years, or such lesser period as may be determined by the Board at the time the variance is granted. Such sign may be continued beyond such period only if the variance is renewed and the sign does not otherwise lose its legal non-conforming designation. (g) A legal non-conforming sign shall inunediately lose its legal non- conforming designation if: 1) the sign is not kept in good repair and in a safe condition and the state of disrepair or unsafe condition continues for six (6) months; DRAFT Ordinance No. Z-4##-03 DRAFT p.2 2) the sign is relocated: 3) the complete sign and sign structure are replaced; or 4) the sign pem1it or variance under which the sign was allowed or permitted expires. (h) On the happening of anyone of the above conditions the sign shall be immediately brought into confom1ance with this Ordinance with a new sign permit secured therefore, or shall be removed. (i) Nothing in this Ordinance shall relieve the ovmer or user of a legal non- conforming sign or owner of the property on which the legal non- conforming sign is located tram the provisions of this ordinance regarding safety, maintenance and repair of signs. 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. DRAFT Ordinance No. Z-4#//--03 DRAFT p. 3 Ordinance No. Z-4##-03 PASSED by the Common Council of the City of Carmel, Indiana this _ day of , 2003, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Otlicer Kevin Kirby Wayne Wilson, President Pro Tempore John R. Koven Robert Battreall N. 1. Rundle Ronald E. Carter Luc] Snyder ATTEST: Diana L. Cordray, lAMC, Clerk-Treasurer DRAFT Ordinance No. 2-4##-03 DRAFT p.4 Ordinance No. Z-4##-03 Presented by me to the Mayor of the City of Carmel, Indiana this _ day of , 2003, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-4##-03 Approved by me, Mayor of the City of Carmel, Indiana, this _ day of ,2003, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, lAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel/Clay Advisory Plan Commission Attorney One Civic Square Carmel, IN 46032 DRAFT Ordinance No 2-4##-03 DRAFT p.5