HomeMy WebLinkAboutZ-434-03 Scrivener's Error/DOCS filing Fees Sponsor: Councilor Wayne Wilson
ORDINANCE NO. Z-434-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Scrivener's Error Ordinance to Amend the Carmel~Clay Zoning Ordinance Concerning the
Filing Fees to be Collected by the Department of Community Services
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in
IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances
must first approve by resolution a comprehensive plan for the geographic area over which it has
jurisdiction; and
WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket
No. 16-96 CP was given a favorable recommendation by the Cannel/Clay Advisory Plan
Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
the City of Carmel and Clay Township; and
WHEREAS, the Comprehensive Plan envisions that the Department of Community
Services should be substantially financed not by the taxpayers of the community, but by the
revenue generated by reasonable filing fees charged to landowners and developers who wish to
make zoning changes and/or construct structures on their property; 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 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. 116-03 Z having
received a favorable recommendation from the Carmel/Clay Advisory Plan Commission on
Tuesday, September 16, 2003, it hereby adopts this Ordinance to amend Section 29.04: The
Director of the Carmel/Clay Zoning Ordinance (Ordinance No. Z-289, as amended), to read as
follows:
Section I:
Amend Section 29. 04. 02: Improvement Location Permits, 3~1-2 to read as follows:
29.04.02Improvement Location Perm/ts.
1. Unless otherwise excluded, it shall be unlawful to construct, alter, repair, remove or
demolish any building or structure, or to commence *he construction, or alteration of
real estate, remc':a! er ~cm~!fticn cfa bu!!~in?, ~r :m:cmrz, without first filing a written
application with the Director and obtaining an Improvement Location Permit.
Ordinance No. Z-434-03
p. 1
Every application for an Improvement Location Permit shall, when applicable, be
accompanied by:
a. a Site Plan, drawn to scale, showing locations of proposed and existing
improvements, easements and rights-of-way and the appropriate dimensions;
b. a legal description of the real estate involved;
c. a sewer or septic permit, as appropriate;
d. building elevations on all four sides of the proposed improvement; and,
e. the necessary detailed construction plans.
In instances where application for an Improvement Location Permit is made for a
business, industrial, manufacturing, institution or multiple family structure, the Dkector
may require detailed plans and information concerning vehicular and pedestrian traffic,
parking facilities, loading facilities, lighting, fencing, landscaping, water and sanitary
sewage facilities, storm water drainage facilities, signage, easements, common facilities
and open spaces, Administrative Building Council approvals and so forth.
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.
Ordinance No. Z-434-03 PASSED by the Common Council of the City of Carmel,
Indiana this ~ ~'~i'~day of ~-~0_C~rv~b~f., 2003, by a vote of [2 ayes and
nays.
COMI~ION C~UNCIL FOR THE CITY OF CARMEL
pr ~ficer//~-~~ Ke~~
(~c.~r, Pre sident'Pro ~empore ~ ~K~:'y /,] //
~,/~onald E. Carter Ma re W~lson
Ordinance No. Z434-03
p. 2
ATTEST:
D~~Treasurer
~ Ordinance~No. Z-434-03 Presented by me to the Mayor of the City of Carmel, Indiana
this ./~3~ay of ~,~3,~2003, at ~;t3 .~.M.
urer
Diana L. Cordray, IAMC~-Treas
Ordina~c.e~No. ~Z-434-03 Approved by me, Mayor of the City of Carmel, Indiana, this
/~ daY of ~--~vc~-~, 2003, at /[;~ l~.M.
Jj~fies-~3fiinard, Mayor -- t
ATTEST:
D~~~ Clerk Treasurer
Prepared by:
John R. Molitor
Carmel/Clay Advisory Plan Commission Attorney
Carmel City Hall
One Civic Square
Carmel, IN 46032
Ordinance No. Z-434-03
p. 3
CERTIFICATION OF THE CARMEL/CLAY
PLAN COMMISSION'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-434-03
An Ordinance to amend Chapter 29: Administration, of the Carmel/Clay Zoning Ordinance
regarding fees.
To;
The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Advisory Plan Commission offers you the following report on the application
to the Commission (Docket No. 116-03 OA) to amend Chapter 29: Administration, of the
Carmel/Clay Zoning Ordinance regarding fees.
The Carmel/Clay Advisory Plan Commission's recommendation on the petition is
FAVORABLE.
At its regular meeting of September 16, 2003, the Commission voted ten (10) in Favor, zero (0)
Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No.
Z-434-03 with a Favorable Recommendation.
Ordinance No. Z-434-03 is a Scrivener's Error Amendment to incorporate changes to Section
29.04: The Director that were not included in Ordinance No. Z-419-03 due to an oversight in the
drafting of the document.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC
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 the original Certification
(September 26, 2003) is Thursday, December 25, 2003.
CARMEL/CLAYAPLAN C~)MMISSION
M arilyn/Ander s~,'~'ice-President /f~
R/lm~o~a Hancock, Secretary'
Carmel/Clay Advisory Plan Commission
Dated: Friday, December 5, 2003
S:\Ordinances\Ordinance Arnendments~2003 Z-434-03; 116-03 OA; Fee Table Scrivener's l~rror~2003-0926; Z-434-03; Fee Scrivmer
Certification.rtf