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CARMEL PLAN COMMISSION
MEMORANDUM-
Date: May 7, 2010
To: Plan Commission Members
From: Adrienne Keeling
Department of Community Services
Re: May 18 Plan Commission meeting Docket No. 100040014 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. 10040014 OA: Patch Ordinance VIII
The applicant seeks to amend Chapter 3: Definitions; Chapter 238: US Highway 31 Corridor Overlay Zone;
Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone; Chapter 23D: Old Town District Overlay
Zone; Chapter 23E: Home Place District Overlay Zone; Chapter 23F: Carmel Drive Range Line Road Overlay
Zone; Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage, Chapter
25: Additional Use Regulations; Chapter 25.07: Signs; Chapter 27: Additional Parking Loading Regulations and
Chapter 29: Administration of the Zoning Ordinance. Filed by the Carmel Department of Community Services on
behalf of the Carmel Plan Commission.
Please find enclosed an ordinance amendment draft. A summary of changes made, per topic, is as follows:
A. FARM ANIMALS, MINIMUM ACREAGE REQUIREMENT:
ISSUE: The City Code and Zoning Ordinance contradict one another, requiring 3 vs. 5
acres, respectively in order to maintain farm animals.
PROPOSED SOLUTION: CHAPTER 3: Amend the Zoning Ordinance's Farm Animal
definition to require 3 acres.
B. FOOD STANDS, PROCEDURES FOR TEMPORARY PLACEMENT:
ISSUE: Food Stands have become more popular (and we have fielded several questions
this spring). Currently, there is no clear process for their review or approval.
PROPOSED SOLUTION: CHAPTER 3, CHAPTER 25: Modify Food Stand and Seasonal
Outdoor Sales definitions to include fruits, vegetables and prepared food items. Include
food stands in the Seasonal Outdoor Sales process. See also Docket 10050001 OA,
amendment to Appendix A.
C. OVERLAY ZONE BOUNDARIES (when parcel is both in and out of an overlay)
ISSUE: Questions have recently been raised about parcels whose boundaries fall only
Page 1
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
partially in an overlay. The ordinance requires DP and /or ADLS approval for the entire
parcel; however, the ordinance does not specifically state that the DP or ADLS must
meet the requirements of the overlay.
PROPOSED SOLUTION: CHAPTERS 23B, 23C, 23E: Add /re- arrange consistent language
across US 31, Michigan Rd and Home Place Overlay zones which specifies that the DP
and /or ADLS must meet the overlay zone requirements.
D. REDUCE FAST FOOD PARKING RATIO
ISSUE: Restaurants are over parked. Until an amendment in 2006, fast food parking
requirements were based upon the number of patron seats and employees. For long
term accountability, it is currently based on square footage of the building; however, this
forces extra spaces for areas devoted to offices, kitchen or storage. The US median
ratio is one space per 100 sqft. of floor area.
PROPOSED SOLUTION: CHAPTER 27: Reduce ratio from one space per 50 sqft. to one
space per 100 sqft. of floor area.
E. IMPACT FEE CLARIFICATIONS
ISSUE: There has recently been confusion regarding what improvements are entitled in
lieu of the Parks and Recreation Impact Fee. Our Ordinance is not congruent with that
stated in Indiana Code.
PROPOSED SOLUTION: CHAPTER 29: Modify the language to more closely follow Indiana
Code 36 -7 -4 -1335.
F. SEASONAL SALES TIMELINES
ISSUE: The Ordinance currently places a 30 day limit on Seasonal Outdoor Sales. Some
types may be appropriate to extend for longer periods.
PROPOSED SOLUTION: CHAPTER 25: Establish a time limit for Seasonal Outdoor Sales
which is based upon the type of item sold.
G. SIGN APPROVAL PROCESS, MAKING ADLS AMENDMENTS AN ADMINISTRATIVE
APPROVAL
ISSUE: Businesses come and go in both multi- tenant buildings as well as single tenant
buildings. If this property does not have a Sign Plan in place by way of ADLS approval,
they must return to the Plan Commission committee to ask for any change in signage.
This can cause issues for the business if they are on a tight schedule and were not
aware of our deadlines, as is often the case. In addition, the Department prepares the
applicants so that they meet the Sign Ordinance requirements before they arrive at the
meeting, making little discussion necessary for approval.
PROPOSED SOLUTION: CHAPTERS: 23B, 23C, 23D, 23E, 23F, 24, and 25.07. Amend the
Ordinances that require Commission approval for signage changes to necessitate only
Director approval for existing buildings only. New buildings /projects would still have to
submit Sign Plans as part of the DP /ADLS approval process.
2010 -0507; 10040014 OA; PC Memo.rtf
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
1 Sponsor: Councilor
2
3 ORDINANCE Z- -10
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
6
7 An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance
8
9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7 -4),
o each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
1 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
2 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
3 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly
4 approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore the
5 official Comprehensive Plan of the City of Carmel and Clay Township; and
6 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; and
7 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the text
8 of the zoning ordinance; and
9 WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the text
0 of the Subdivision Control Ordinance; and
1. WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, the
2 Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code;
3 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
4 that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket No. 10040014 OA having received
5 favorable recommendations from the Carmel Advisory Plan Commission on Tuesday, 2010, it
6 hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended) to
7 read as follows:
8 Section I:
9
o ZO Chapter 3: Definitions:
1 a. Amend the following definitions in Section 3.07: Definitions to read:
2 1 FARM. A tract of land comprising an area of at least five three (43) acres which is devoted to agricultural operations, such
3 as forestry; the growing of crops; pasturage; the production of livestock and poultry; the growing of trees, shrubs
4 and plants; and other recognized agricultural pursuits and including Accessory Buildings essential to the operation
5 of the farm. Accessory Buildings may include barns; equipment and animal sheds; farm residences for the owner,
6 operator or farm assistants; roadside sales Structure for the sale of products of the farm, not including industrial or
7 commercial operations or Structures or feedlots.
8
9 FOOD STAND. A structure used for the display and retail sale of food products with no space for customers within the
.0 structure itself. Food items may include fruits, vegetables, and other items requiring further preparation, or they
.1 may include items pre prepared and ready for consumption.
2
.3 SALES, OUTDOOR. The short -term outdoor display of products or merchandise in an unroofed and /or unenclosed area by a
4 business permanently established on the premise of which the sale is located. This shall include, but is not limited to
.5 1 grand opening sales, sidewalk sales, food stands, kiosks, and specialty sales.
.6
Ordinance Z- 5- -10
1
5/7/2010
1 SALES, SEASONAL OUTDOOR. The short -term sale of agricultural products and food items that are seasonal in nature,
2 including produce, nursery stock, Christmas trees, prepared food items ready to eat, fruits and vegetables, pumpkins,
3 farmers' markets, and other similar products as qualified by the Director of Community Services.
4
5 ZO Chapter 23B: U.S. Highway 31 Corridor Overlay Zone
6 b. Amend Section 23B.02(B) as follows:
7 23B.02 Commission Review:
8 B. Architectural Design, Exterior Lighting, Landscaping and Signage. Except as provided in Paragraph
9 (A)(1) above, for all projects in the U.S. Highway 31 Overlay Zone, the Commission shall review and
0 approve the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to the
1 property, site layout, parking and site circulation, pursuant to Sections 23B.09 through 23B.15.
2 1. ADLS approval shall be necessary prior to:
3 a. The establishment of any use of land;
4 b. The issuance of any Improvement Location Permit;
5
c. The erection, reconstruction or structural c o o structu a alteration of any building(s) in the U.S.
6 Highway 31 Overlay Zone; or
7 d. Any changes in any site improvements.
8 2. An amendment to an ADLS may be reviewed and approved by a committee of the Commission
9 according to the Rules of Procedure. However, any interested party may appeal the decision of the
0 committee directly to the Commission.
1 3. Any changes m Signage Only please refer to Section 24.99(B)(6).
2
3 c. Add Section 23B.02(D) as follows:
4 23B.02 Commission Review:
5 D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the U.S.
6 Highway 31 Overlay Zone, a DP and ADLS in compliance with the US Highway 31 Overlay Zone shall be
7 submitted to the Commission for the entire tract. Wherever there exists a conflict between the requirements
8 of the underlying zoning and those of the U.S. 31 Overlay Zone, the requirements for the U.S. 31 Overlay
9 Zone shall prevail.
0
1 d. Delete Section 23B.07(B) as follows:
2 23B.07 Minimum Tract Size:
3 A. Except as provided in Paragraph .GB, below, the minimum area covered by a DP within the U.S. Highway
4 31 Overlay Zone must be 217,800 square feet (5 acres).
5 B. If a Parent Tract (Tract) is located both insidc and outside of the U.S. Highway 31 Overlay Zone, a DP
6 7 and those of the U.S. 31 Overlay Zone, the requirements for the U.S.
8 31 Overlay Zone shall prevail.
9 B. If a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and said
.0 parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot "Undersized
.1 Lot may be used for any use permitted in the U.S. 31 Overlay Zone provided that:
.2 (1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met
.3 the requirements for minimum lot size then in effect for a lot in the underlying primary zoning
4 district(s);
5 (2) The owner of the Undersized Lot must include any adjoining vacant land (not separated by a street
6 or public way) owned or owned by an affiliate on or before the Effective Date or at the time of
Ordinance Z- 5- -10
2
5/7/2010
1 application which, if combined with the Undersized Lot would create a parcel which conforms, or
2 more closely conforms, to the requirements of this Paragraph; and,
3 (3) All other requirements applicable to the U.S. 31 Overlay Zone can be met.
4 I DC. Section 23B.07 does not preclude the sale or other transfer of any parcel of land within a Parent Tract after
5 the approval of a Development Plan (DP) for the entire tract. However, the development of the parcel must
6 still conform to the DP for the Parent Tract as approved or amended by the Commission, and all other
7 applicable requirements contained in the Zoning Ordinance.
8
9 ZO Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone
0 e. Amend Section 23C.02(A) to read:
1 23C.02 Commission Approval.
2 A. Development Plan. The Commission must approve, approve with conditions, or disapprove the
3 Development Plan (DP) for any tract of land in the Overlay Zone. The Commission shall hold a public
4 hearing before it decides whether to approve or disapprove a DP. The Commission, in reviewing DP
5 applications, shall examine factors concerning the site, Site Plan and the surrounding area, which include
6 but are not limited to the following items:
7 1. Topography;
8 2. Zoning on site;
9 3. Surrounding zoning and existing land use;
0 4. Streets, curbs and gutters, bicycle paths, and sidewalks;
1 5. Access to public streets;
2 6. Driveway and curb cut locations in relation to other sites;
3 7. General vehicular and pedestrian traffic;
4 8. Parking facilities and internal site circulation;
5 9. Special and general easements for public or private use;
6 10. On -site and off -site surface and subsurface storm and water drainage, including drainage
7 calculations;
8 11. On -site and off -site utilities;
9 12. The means and impact of sanitary sewage disposal and water supply techniques;
0 13. Dedication of streets and rights -of -way;
1 14. Provision for adequate and acceptable setbacks, screening, and compatibility with existing, platted
2 residential uses;
3 15. Storage area;
4 16. Protective restrictions and/or covenants;
5 17. Effects any proposed project may have on the entire Overlay Zone; and,
6 18. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive Plan.
7 If a Parent Tract is located both inside and outsidc of the U.S. Highway X21 Michigan Road Corridor
8
Ordinance Z- 5- -10
3
5/7/2010
1
2 f. Amend Section 23C.02(C) to read:
3 23C.02 Commission Approval.
4 C. ADLS Requirement. Commission review and approval of the architectural design, landscaping, parking,
5 signage, lighting and access to the property (ADLS) shall be necessary prior to:
6 1. the establishment of any use of land;
7 2. the issuance of any Improvement Location Permit;
8 3. the erection, reconstruction or external architectural alteration of any building in the Overlay
9 Zone; or,
0 4. the changing of any site improvements.
1 5. Any changes in Signage Only.please refer to Section 24.99(B)(6).
2
3 g. Add Section 23C.02(E) to read:
4 E. Partial Boundaries Conflicts. If a Parent Tract is located both inside and outside of the U.S. Highway
5 421 Michigan Road Corridor Overlay Zone, a DP and ADLS in compliance with the US Highway 421
6 Michigan Road Overlay Zone shall be submitted to the Commission for the entire Parent Tract. Wherever
7 there exists a conflict between the requirements of the underlying zoning and those of the US Highway 421
8 Michigan Road Overlay Zone, the requirements for the US Highway 421 Michigan Road Overlay Zone
9 shall prevail.
0
1 h. Amend Section 23C.14.04 to read:
2 23C.14.04 Signs.
3
4 color and architectural design as approved by the Commission. Should an ADLS approved Sign Plan be
5 replaced with a new design, thc amended Sign Plan must go before thc Commission for ADLS review and
6 appr-evalladividual signs which conform to both thc Sign Ordinance and to the approved Sign Plan shall
7 not require further ADLS approval, however, such signs shall require a sign permit. Please refer to Section
8 24.99(B)(6).
9
o ZO Chapter 23E: Home Place District Overlay Zone
1 i. Delete Section 23E.02(A)(4) as follows:
2 23E.02 Commission Approval.
3 A. Development Plan. The Commission must approve, approve with conditions, or disapprove the
4 Development Plan (DP) for any tract of land in the Home Place Business District or West Home Place
5 Commercial Corridor that is to be developed for commercial purposes or as a Planned Unit Development.
6 If a Parent Tract (Tract) is located both inside and outside of thc Home Place District Overlay
7 Zone, a DP shall be submitted to thc Plan Commission for the entire tract. Wherever there exists a
8
9
0 j. Amend Section 23E.02(B) to read:
1 B. Architectural Design, Landscaping, Exterior Lighting and Signage. For all projects in the Home Place
.2 Business District and West Home Place Commercial Corridor, the Commission shall review and approve or approve
3 with conditions the Architectural Design, Landscaping, Exterior Lighting and Signage (ADLS), access to the
.4 property, site layout, parking and site circulation, pursuant to Section 23E.08 and Section 23E.09, and such
.5 approvals shall be necessary prior to:
.6 1. The establishment of any use of land;
.7 2. The issuance of any Improvement Location Permit;
Ordinance Z- 5- -10
4
5/7/2010
1 3. The erection, reconstruction or Structural Alteration of any commercial building(s) in the Home
2 Place Business District or West Home Place Commercial Corridor; or
3 4. Any changes in site improvements.
4 5. Any changes in Signage Only please refer to Section 24.99(B)(6).
5
6 k. Add Section 23E.02(D) to read:
7 23E.02 Commission Approval.
8 D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the Home
9 Place Business District or West Home Place Commercial Corridor, a DP and ADLS in compliance with the
0 Home Place Business District or West Home Place Commercial Corridor provisions shall be submitted to
1 the Commission for the entire tract. Wherever there exists a conflict between the requirements of the
2 underlying zoning and those of the Home Place District Overlay Zone, the requirements for the Home
3 Place District Overlay Zone shall prevail.
4
5 Chapter 23F: Carmel Drive Range Line Road Overlay Zone
6 1. Amend Section 23F.02.03 to read:
7 23F.02 Plan Commission Approval.
8 23F.02.03 Architectural Design, Exterior Lighting, Landscaping and Signage. The Commission shall review
9 and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage
0 (ADLS), access to property, site layout, parking and site circulation, consistent with the provisions set forth in
1 Section 23F.08 through Section 23F.16, Section 24.03 and such approvals shall be necessary prior to:
2 A. The establishment of any use of land;
3 B. The issuance of any Improvement Location Permit, except maintenance and /or repairs consistent
4 with previously approved ADLS. In cases where properties were developed prior to ADLS requirement,
5 maintenance and /or repairs shall be consistent with the previously approved Improvement Location Permit;
6 C. Any change in site improvements which are not consistent with previously approved ADLS. In
7 cases where properties were developed prior to ADLS requirement, changes in site improvements shall be
8 consistent with the previously approved Improvement Location Permit.
9 D. Any changes in Signage Only please refer to Section 24.99(B)(6).
0
1 ZO Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
2 m. Amend Section 24.99 (B)(6) to read:
3 24.99 Procedures for Submission and Reveiw.
4 B. Architectural Design, Exterior Lighting, Landscaping Signage.
5 6. Amendment.
6 a. Requirements. See Section 24.03.
7 b. Fees. See Section 29.06.
8 c. Review. See §74B(4).
9 d. Approval. See §75 above.
.0 e. Signage:
.1 1. A Sign Plan for a proposed development shall be submitted to the Commission for its
.2 approval as part of the ADLS application. Signs for each proposed and existing
.3 development shall be uniform in character as to number of color choices allowed, lighting
4 style, installation method and architectural design as approved by the Commission.
.5 2. Should an ADLS approved Sign Plan for an existing building be replaced with a new
6 design scheme, the amended Sign. Plan must be presented to the Director for ADLS
Ordinance Z- 5- -10
5
5/7/2010
1 review and approval. Should the Director believe the amended Sign Plan requires
2 additional analysis; the Director may forward the amended Sign Plan to the next
3 Commission meeting for further review and ultimate approval.
4 3. Should an existing building without an ADLS approved Sign Plan request new signage
5 for the building, the amended Sign Plan must be presented to the Director for ADLS
6 review and approval. Should the Director believe the amended Sign Plan requires
7 additional analysis; the Director may forward the amended Sign Plan to the next
8 Commission meeting for further review and ultimate approval.
i 9 4. Individual signs which conform to both the Sign Ordinance and to the approved Sign
0 Plan shall not require further ADLS approval; however, such signs shall require a sign
1 permit.
2 ef. and other matters relevant to review.
3
4
5 ZO Chapter 25: Additional Use Regulations
6 n. Amend Section 25.24: Sales, Seasonal Outdoor, Temporary Use to read:
7 25.24 Sales, Seasonal Outdoor, Temporary Use.
8 25.24.01 Seasonal Outdoor Sales shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses,
9 such uses shall be allowed only as a Temporary Use, requiring a Temporary Use Permit. Local non profit
0 organizations shall be exempt from all fees associated with this type of Temporary Use permit.
1 25.24.02Submittal of a site plan, indicating sales areas, signage and parking areas, shall be required before the
2 issuance of any permits related to Seasonal Outdoor Sales. Signage plans are also required. Areas
3 designated for Seasonal Outdoor Sales shall not be located within nor encroach upon:
4 A. Any minimum required setback yard;
S B. Any drainage easement;
6 C. A fire lane;
7 D. A maneuvering aisle,
8 E. Any right -of -way, greenway or trail;
9 £F. A parking space or spaces necessary to meet the minimum parking requirements of the other
0 use(s) of the lot or parcel.
1 25.24.03 Seasonal Sales may be located within parking areas, provided it:
2 A. Does not interfere with pedestrian or vehicular access or parking.
3 B. Does not create a visibility obstruction to moving vehicles within a parking lot.
4 25.24.04Goods or merchandise displayed in conjunction with a Seasonal Outdoor Sale shall not exceed nine (9) feet
5 in height.
6 25.24.05 Only one (1) Seasonal Outdoor Sales, Temporary Use permit shall be issued per property per year.
7 Seasonal Outdoor Sales, Temporary Use Permits shall be issued for a term of thirty (30), sixty (60), ninety
8 (90), or one hundred twenty (120) consecutive days per permit, depending on use.••n e otherwi°e
9 One -time extensions may be granted for all Seasonal Outdoor Sales,
.0 unless otherwise approved by the Board of Zoning Appeals. Seasonal Outdoor Sales may not be renewed
1 beyond the time period indicated in the Time Limits for Seasonal Outdoor Sales table. Periods of time are
.2 considered to include one (1) calendar year.
3
4
.5
.6
Ordinance Z- 5- -10
6
5/7/2010
1 TIME LIMITS FOR SEASONAL OUTDOOR SALES
Item(s) Sold
Fruits/ Winter Fireworks Prepared
Vegetables Seasonal See Section 25.25 Food
30 Days x x x* x
EI o 60 Days x x* x
a 90 Days x x
120 Days x
nonrenewable
2 25.24.06Signs for Seasonal Outdoor Sales shall be prohibited except as provided by Section 25.07.03 -06: Signage
3 for Temporary Uses of this Ordinance.
4 25.24.07Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the compatibility of the
5 proposed temporary use with adjoining areas, the Commission Director shall review the Architectural
6 Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed Seasonal
7 Outdoor Sale. Once approved by the Commission Director, the Architectural Design, Exterior Lighting,
8 Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the
9 prior approval of the Commission Director. Plan Commission approval is required prior to the issuance of
0 Temporary Use Permit. An applicant may continue to use an ADLS Approval to obtain subsequent
1 Temporary Use Permits provided that the proposed Temporary Use is consistent with such ADLS
2 Approval, including time limits.
3
4 ZO Section 25.07: Sign Ordinance
5 o. Amend Section 25.07.02 to read:
6 25.07.02 Permitted Permanent Signs.
7 25.07.02 -01 Subdivision. 8 i) REQUIRED APPROVAL: •2
9 Please refer to Section 24.99(B)(6).
0
1 25.07.02 Multi Familv Housing Complex. 2 i) REQUIRED APPROVAL:
3 time after Multi family Housing Complex final plans are approved. Please refer to Section
4 24.99(B)(6).
5
6 25.07.02 -03 Home Occupation and Boarding House (Residential Zone).
7 j) REQUIRED APPROVALS:
8 Please refer to Section
9 24.99(B)(6).
0
1 25.07.02 -04 Home Occupation and Boarding House (Business and Manufacturing Zones).
2 j) REQUIRED APPROVAL:
3 a Zoning District and/or Overlay Zone requiring ADLS approval. Please refer to Section
4 24.99(B)(6).
5
6 25.07.02 -05 Institutional Uses.
7 j) REQUIRED APPROVALS: 8 e Please refer to Section
9 24.99(B)(6).
0
Ordinance Z-5-###- 10
7
5/7/2010
1 25.07.02 -06 Recreational Uses.
2 j) REQUIRED APPROVALS: ADLS approval is required for all permanent signs that arc established
3 e !.D Please refer to Section
4 24.99(B)(6).
5
6 25.07.02 -07 Special Use and Use Variance Signs.
7 j) REQUIRED APPROVALS:
8 in a Zoning District and/or Overlay Zonc requiring ADLS approval. Please refer to Section
9 24.99(B)(6).
0
1 25.07.02 -08 Single Tenant Building.
2 j) REQUIRED APPROVALS: .D
3 in a Zoning District and/or Overlay Zonc requiring ADLS approval. Please refer to Section
4 24.99(B)(6).
5
6 25.07.02 -09 Multi- Tenant Ground Floor Building.
7 j) REQUIRED APPROVALS: .D
8 in a Zoning District and/or Overlay Zone requiring ADLS approval. Please refer to Section
9 24.99(B)(6).
0
1 25.07.02 -10 Multi- Tenant Multi -Level Building.
2 j) REQUIRED APPROVALS: .D
3 in a Zoning District and/or Overlay Zonc requiring ADLS approval. Please refer to Section
4 24.99(B)(6).
5
6 25.07.02 -11 Multi- Tenant Building Complex.
7 j) REQUIRED APPROVAL: ADLS approval is rcquircd for all permanent signs that are established in
8 a Zoning District and/or Overlay Zonc requiring ADLS approval. Please refer to Section
9 24.99(B)(6).
0
1 25.07.02 -12 Window Signs.
2 This section applies to all commercial properties zoned B -1, B -2, B -3, B -5, B -6, B -7, B -8, I -1, M -1, M -3 (or
3 any subsequently created business or manufacturing zone). Said commercial uses, in addition to utilizing the
4 signage provisions in Sections 25.07.02 -01 through 25.07.02 -11, may also utilize the signage provided for in
5 this Section 25.07.02 -12.
6 A) SIGN CLASSIFICATION: Non illuminated Window Signs.
7 7) REQUIRED APPROVAL: •.D
8 D' e •.D Please refer
9 to Section 24.99(B)(6).
.0 B) SIGN CLASSIFICATION: Illuminated Window Signs.
1 6) REQUIRED APPROV reval is rcquircd for all permanent signs that are
.2 D' .D Please refer
3 to Section 24.99(B)(6).
4
.5 25.07.02 -13 Old Town Carmel.
.6 j) REQUIRED APPROVALS: .D
.7 in a Zoning District and/or Overlay Zonc requiring ADLS approval. Please refer to Section
8 24.99(B)(6).
9
Ordinance Z- 5- -10
8
5/7/2010
1 25.07.02 -14 Old Meridian District.
2 i) REQUIRED APPROVAL:
3 Please refer to Section 24.99(B)(6).
4
5 ZO Chapter 27: Additional Parking Loading Regulations
6 p. Amend Section 27.08 Amount of Parking Spaces Required to read:
7 27.08 Amount of Parking Spaces Required.
8 Off street parking spaces shall be provided and maintained for all uses in accordance with the following minimum
9 requirements, unless otherwise specified herein:
Use: Parking Requirements:
Restaurant, with Walk -Up /Drive -Thru Food One space per 100 sq. ft. of floor area
Sales
0
1 ZO Chapter 29: Administration
2 q. Amend Section 29.07.05to read:
3 29.07 Parks and Recreation Impact Fees.
4 29.07.05 Credit in Lieu of Payment Exemptions.
5 Pursuant to IC 36- 7- 4- 1335(b) and (c), any person obligated to pay a fee pursuant to the terms of this PRIF
6 Ordinance may be granted thc option of financing, constructing and dedicating Parks and Recreation
7
8 financing, construction and dedication are accomplished pursuant to the 2010 2015 Zone Improvement
9 Plan and with the consent and acceptance of the Parks Board. is entitled to a credit against the fee if the
0 owner or developer of the respective development constructs or furnishes either:
1
2 (1) Parks and Recreation Infrastructure, with the consent and acceptance of the Parks Board; or
3
4 2 an im rovement relative to the develo ment that otherwise meets the re uirements of IC 36 -7-
5 4- 1335(a).
6 Such fee payer, or other person providing the infrastructure or improvement, shall be allowed a credit in an
7 amount equal to the sum of
8 1 (A) the actual cost of constructing or providing the infrastructure or improvementsimprovement;, plus
9 (B) the fair market value of the land, real property interests, and site improvements provided.
0 The amount of the credit shall be determined by agreement (the "Credit Agreement between the person
1 constructing or providing the infrastructure or improvement and the Parks Board. A fee payer shall make a
2 request for credit prior to the issuance of the improvement location permit. In the event the credit is less
3 than the amount of the impact fee due pursuant to Section 293.4 above, the remaining balance shall be due
4 in accordance with the provisions stated hereafter. Credits against impact fees otherwise due shall be
5 allowed pursuant to this section for all infrastructure and improvements constructed or furnished in
6 accordance with IC 36 -7 -4 -1313 and IC 36 -7 -4 -1335 since January 1, 1989. In addition, a fee payer or
7 other person responsible for installing infrastructure or improvements may designate in writing a method of
8 allocating its credits to future fee payers who may be successors in interest to the credits earned by the fee
9 payer or others, as part of the Credit Agreement provided for above. Any person otherwise obligated to
0 pay the fee established by this PRIF Ordinance whose property was totally or partially destroyed by fire,
.1 storm or other casualty beyond his or her control, shall be exempt from said fee if such person repairs or
2 replaces the destroyed structure without creating a burden on Parks and Recreation Infrastructure greater
3 than the burden imposed by the destroyed structure. In the event of such additional burden, the fee shall be
4 calculated based only on the increased burden created by the structure.
5
.6
Ordinance Z- 5- -1
9
5/7/2010
1 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
2 repealed.
3 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
4 Mayor.
5
6 PASSED by the Common Council of the City of Carmel, Indiana this day of 2010,
7 by a vote of ayes and nays.
8
9
Ordinance Z- 5- -10
10
5/7/2010