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CARMEL PLAN COMMISSION
MEMORANDUM-
Date: June 4, 2010
To: Plan Commission Members
From: Adrienne Keeling
Department of Community Services
Re: Docket No. 100060001 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. 10060001 OA: ZO CH 28: Nonconforming Uses Exemptions, Amendment
The applicant seeks to amend Chapter 28: Nonconforming Uses Exemptions of the Zoning Ordinance. Filed by
the Carmel Department of Community Services on behalf of the Carmel Plan Commission.
Please see the proposed amendment below which adds a paragraph to Section 28.06: Existence of a
Nonconforming Use. The purpose of this additional paragraph is to recognize instances where
nonconformities may arise as a result of the use eminent domain. When such questions of nonconformity
arise, the proposed language allows the Director to place the matter on the Board of Zoning Appeals' agenda.
28.06 Existence of a Nonconforming Use.
In circumstances where there is question whether or not a nonconforming use exists, it shall be
considered a question of fact and shall be decided by the Board following public notice and a
public hearing in accordance with the Rules of Procedure of the Board.
In circumstances where the question whether or not a nonconforming use exists is a result of the
exercise of the power of eminent domain by a governmental authority or public utility, the
Director may place the question on the Board agenda. As provided above, it shall then be
considered a question of fact and shall be decided by the Board followingpublic notice and a
public hearing in accordance with the Rules of Procedure of the Board.
2010 -0604; 10060001 OA PC Memo.docx
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417