HomeMy WebLinkAboutOrdinance DRAFTSponsor: Councilor
3 ORDINANCE Z- -10
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
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7 An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance
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9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7 -4),
10 each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
11 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
12 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
13 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly
14 approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore the
15 official Comprehensive Plan of the City of Carmel and Clay Township; and
16 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; and
17 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the text
18 of the zoning ordinance; and
19 WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the text
20 of the Subdivision Control Ordinance; and
21 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, the
22 Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code;
23 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
24 that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket No. 10040014 OA having received
25 favorable recommendations from the Carmel Advisory Plan Commission on Tuesday, 2010, it
26 hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended) to
27 read as follows:
28 Section I:
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30 ZO Chapter 3: Definitions:
31 a. Amend the following definitions in Section 3.07: Definitions to read:
FARM. A tract of land comprising an area of at least Aree F 4) acres which is devoted to agricultural operations, such as Deleted: five
forestry; the growing of crops; pasturage; the production of livestock and poultry; the growing of trees, shrubs and Deleted: 5
plants; and other recognized agricultural pursuits and including Accessory Buildings essential to the operation of the
farm. Accessory Buildings may include barns; equipment and animal sheds; farm residences for the owner, operator
or farm assistants; roadside sales Structure for the sale of products of the farm, not including industrial or
commercial operations or Structures or feedlots.
FOOD STAND. A portable structure used for the display and retail sale of food products with no space for customers within
the structure itself. Food items may include fruits, vegetables, and other items requiring further preparation, or they
may include items pre prepared and ready for consumption.
SALES, OUTDOOR. The short-term outdoor display of products or merchandise in an unroofed and/or unenclosed area by a
business permanently established on the premise of which the sale is located. This shall include, but is not limited to
grand opening sales, sidewalk sales, food stands, kiosks and specialty sales.
Ordinance Z -5 -M -10
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I SALES, SEASONAL OUTDOOR The short -term sale of agricultural products that are seasonal in nature, including
2 produce, nursery stock, Christmas trees, pumpkins, farmers' markets, and other similar products as qualified by the
3 Director of Community Services. NO CHANGE TO THIS DEFINITION NOW THAT FOOD STANDS ARE IN
4 A SEPARATE SECTION.
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6 ZO Chapter 2313: U.S. Highway 31 Corridor Overlay Zone
7 b. Amend Section 23B. 02(B) as follows:
8 23B.02 Commission Review
9 B. Architectural Design, Exterior Lighting, Landscaping and Signage Except as provided in Paragraph
10 (A)(1) above, for all projects in the U.S. Highway 31 Overlay Zone, the Commission shall review and
11 approve the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to the
12 property, site layout, parking and site circulation, pursuant to Sections 23B.09 through 23B.15.
13 1. ADLS approval shall be necessary prior to:
14 a. The establishment of any use of land;
15 b. The issuance of any Improvement Location Permit;
16 C. The erection, reconstruction or structural alteration of any building(s) in the U.S.
17 Highway 31 Overlay Zone; or
18 d. Any changes in any site improvements.
19 2. An amendment to an ADLS may be reviewed and approved by a committee of the Commission
20 according to the Rules of Procedure. However, any interested party may appeal the decision of the
21 committee directly to the Commission.
22 3. Any changes in Signage e Onl lease refer to Section t 24.99 (6), Formatted: Font: Not Bold
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Add Section 23B. 02(D) as follows: Formatted: Font: Not Bold, Italic
A Formatted: Font: Not Bold, Italic
23B.02 Commission Review
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D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the U.S.
Highway 31 Overlay Zone, a DP and ADLS in compliance with the US Highway 31 Overlay Zone shall be
submitted to the Commission for the entire tract. Wherever there exists a conflict between the requirements
of the underlying zoning and those of the U.S. 31 Overlay Zone, the requirements for the U.S. 31 Overlay
Zone shall prevail.
Delete Section 23B. 07(B) as follows:
23B.07 Minimum Tract Size
A. Except as provided in Paragraphfl below, the minimum area covered by a DP within the U.S. Highway Deleted: C
31 Overlay Zone must be 217,800 square feet (5 acres).
c
37 If a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and said
38 parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot "Undersized
39 Lot may be used for any use permitted in the U.S. 31 Overlay Zone provided that:
40 (1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met
41 the requirements for minimum lot size then in effect for a lot in the underlying primary zoning
42 district(s);
43 (2) The owner of the Undersized Lot must include any adjoining vacant land (not separated by a street
44 or public way) owned or owned by an affiliate on or before the Effective Date or at the time of
45 application which, if combined with the Undersized Lot would create a parcel which conforms, or
46 more closely conforms, to the requirements of this Paragraph; and,
Deleted: B.- If a Parent Tract (Tract) is
located both inside and outside of the
U.S. Highway 31 Overlay Zone, a DP
shall be submitted to the Commission for
the entire tract. Wherever there exists a
conflict between the requirements of the
underlying zoning and those of the U.S.
31 Overlay Zone, the requirements for the
U.S. 31 Overlay Zone shall prevail.
Deleted: C
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(3) All other requirements applicable to the U.S. 31 Overlay Zone can be met.
E C Section 23B.07 does not preclude the sale or other transfer of any parcel of land within a Parent Tract after Deleted: D
the approval of a Development Plan (DP) for the entire tract. However, the development of the parcel must
still conform to the DP for the Parent Tract as approved or amended by the Commission, and all other
applicable requirements contained in the Zoning Ordinance.
ZO Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone
C. Amend Section 23C.02(A) to read:
23C.02 Commission Approval
A. Development Plan The Commission must approve, approve with conditions, or disapprove the
Development Plan (DP) for any tract of land in the Overlay Zone. The Commission shall hold a public
hearing before it decides whether to approve or disapprove a DP. The Commission, in reviewing DP
applications, shall examine factors concerning the site, Site Plan and the surrounding area, which include
but are not limited to the following items:
1. Topography;
2. Zoning on site;
3. Surrounding zoning and existing land use;
4. Streets, curbs and gutters, bicycle paths, and sidewalks;
5. Access to public streets;
6. Driveway and curb cut locations in relation to other sites;
7. General vehicular and pedestrian traffic;
8. Parking facilities and internal site circulation;
9. Special and general easements for public or private use;
10. On -site and off -site surface and subsurface storm and water drainage, including drainage
calculations;
11. On -site and off -site utilities;
12. The means and impact of sanitary sewage disposal and water supply techniques;
13. Dedication of streets and rights -of -way;
14. Provision for adequate and acceptable setbacks, screening, and compatibility with existing, platted
residential uses;
15. Storage area;
16. Protective restrictions and /or covenants;
17. Effects any proposed project may have on the entire Overlay Zone; and,
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18. Consistency with the policies for the Overlay Zone which are set forth m the Comprehensive Plan.
Deleted: If a Parent Tract is located
both inside and outside of the U.S.
Amend Section 23C. 02(C) t0 read: Highway 421 Michigan Road Corridor
Overlay Zone, Development Plan and
ADLS approvals are required for the
23C.02 Commission Approval entire ParentTracG¶
C. ADLS Requirement Commission review and approval of the architectural design, landscaping, parking,
signage, lighting and access to the property (ADLS) shall be necessary prior to:
1. the establishment of any use of land;
2. the issuance of any Improvement Location Permit;
Ordinance Z- 5-M -10
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1 3. the erection, reconstruction or external architectural alteration of any building in the Overlay
2 Zone; or,
3 4. the changing of any site improvements.
4 5. Any changes in Signage Only please refer to Section.24.9%T3)(_6),
6 g. Add Section 23C. 02(E) to read:
7 E. Partial Boundaries Conflicts. If a Parent Tract is located both inside and outside of the U.S. Highway t-
8 421 Michigan Road Corridor Overlay Zone, a DP and ADLS in compliance with the US Highway 421
9 Michigan Road Overlay Zone shall be submitted to the Commission for the entire Parent Tract. Wherever
10 there exists a conflict between the requirements of the underlying zoning and those of the US Highway 421
11 Michigan Road Overlay Zone, the requirements for the US Highway 421 Michigan Road Overlay Zone
12 shall prevail.
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14 h. Amend Section 23C.14.04 to read
Formatted: Font: Not Bold, Italic
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Formatted: Left, Indent: Left: 1
Hanging: 0.5 No bullets or
numbering
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23C.14.04 Signs refer to Section.24.99(B)(6),
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F Please
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Chapter 23E: Home Place District Overlay Zone
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Delete Section 23E. 02(A)(4) as follows:
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23E.02 Commission Approval
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A. Development Plan The Commission must approve, approve with conditions, or disapprove the
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Development Plan (DP) for any tract of land in the Home Place Business District or West Home Place
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Commercial Corridor that is to be developed for commercial purposes or as a Planned Unit Development.
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Amend Section 23E.02 B to read:
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B. Architectural Design, Landscaping, Exterior Lighting and Signage For all projects in the Home Place
B pi
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Business District and West Home Place Commercial Corridor, the Commission shall review and approve or approve
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with conditions the Architectural Design, Landscaping, Exterior Lighting and Signage (ADLS), access to the
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property, site layout, parking and site circulation, pursuant to Section 23E.08 and Section 23E.09, and such
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approvals shall be necessary prior to:
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1. The establishment of any use of land;
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2. The issuance of any Improvement Location Permit;
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3. The erection, reconstruction or Structural Alteration of any commercial building(s) in the Home
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Place Business District or West Home Place Commercial Corridor; or
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4. Any changes in site improvements.
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5. Any changes in Signage Only please refer to Section, 24.99(B)(6,
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Add Section 23E. 02(D) to read:
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23E.02 Commission Approval
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D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the Home
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Place Business District or West Home Place Commercial Corridor, a DP and ADLS in compliance with the
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Home Place Business District or West Home Place Commercial Corridor provisions shall be submitted to
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the Commission for the entire tract. Wherever there exists a conflict between the requirements of the
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underlying zoning and those of the Home Place District Overlay Zone, the requirements for the Home
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Place District Overlay Zone shall prevail.
Deleted: A Sign Plan for the proposed
development shall be submitted to the
Commission for its approval as part of the
ADLS application. Signs for each
proposed use shall be uniform in
character as to color and architectural
design as approved by the Commission.
Should an ADLS approved Sign Plan be
replaced with a new design, the amended
Sign Plan must go before the
Commission for ADLS review and
approval. Individual signs which
conform to both the Sign Ordinance and
to the approved Sign Plan shall not
require further ADLS approval, however,
such signs shall require a sign permit.
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Deleted: 4. If a Parent Tract (Tract) is
located both inside and outside of the
Home Place District Overlay Zone, a DP
shall be submitted to the Plan
Commission for the entire tract.
Wherever there exists a conflict between
the requirements of the underlying zoning
and those of the Home Place District
Overlay Zone, the requirements for the
Home Place District Overlay Zone shall
prevail.¶
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Ordinance Z -5 -10
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2 Chapter 23F: Carmel Drive Range Line Road Overlay Zone
3 1. Amend Section 23F.02.03 to read:
23F.02 Plan Commission Approval
23F.02.03 Architectural Design, Exterior Lighting, Landscaping and Signage The Commission shall review
and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS), access to property, site layout, parking and site circulation, consistent with the provisions set forth in
Section 23F.08 through Section 23F.16, Section 24.03 and such approvals shall be necessary prior to:
A. The establishment of any use of land;
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B. The issuance of any Improvement Location Permit, except maintenance and/or repairs consistent
with previously approved ADLS. In cases where properties were developed prior to ADLS requirement,
maintenance and /or repairs shall be consistent with the previously approved Improvement Location Permit;
C. Any change in site improvements which are not consistent with previously approved ADLS. In
cases where properties were developed prior to ADLS requirement, changes in site improvements shall be
consistent with the previously approved Improvement Location Permit.
Formatted: Font: Not Bold, Italic
Formatted: Indent: Left: 1.5"
ZO Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage Formatted: Font: Not Bold, Italic
M. Amend Section 24.99 (B)(6) to read: Formatted: Font: Not Bold, Italic
24.99 Procedures for Submission and Review Formatted: Font: Not Bold, Italic
D. Any changes in Signage Only please refer to Section, 24.990Y6),
B. Architectural Design, Exterior Lighting, Landscaping Signage
6. Amendment.
a. Requirements. See Section 24.03.
b. Fees. See Section 29.06.
c. Review. See §&41 Deleted: A(6)
d. Approval. See §,5 above. Deleted: 7
e. Signage:
1. A Sign Plan for a proposed development shall be submitted to the Commission for its Formatted: Bullets and Numbering
approval as part of the ADLS application. Signs for each proposed and existing
development shall be uniform in character as to number of color choices allowed, lighting
style, installation method and architectural design as approved by the Commission.
2. Should an ADLS approved Sign Plan for an existing building be replaced with a new
design scheme, the amended Sign Plan must be presented to the Director for ADLS
review and approval. Should the Director believe the amended Sign Plan requires
additional analysis; the Director may forward the amended Sign Plan to the next
Commission meeting for further review and ultimate approval.
3. Should an existing building without an ADLS approved Sign Plan request new signage
for the building, the amended Sign Plan must be presented to the Director for ADLS
review and approval. Should the Director believe the amended Sign Plan requires
additional analysis; the Director may forward the amended Sign Plan to the next
Commission meeting for further review and ultimate approval.
4. Individual signs which conform to both the Sign Ordinance and to the approved Sign
Plan shall not require further ADLS approval; however, such signs shall require a sign
permit.
and other matters relevant to review. Deleted: e
Ordinance Z -5 -10
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ZO Chapter 25: Additional Use Regulations
Sold
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n. Amend Section 25.01: Accessory Buildings and Uses to read:
Plants.
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25.01 Accessory Buildings and Uses
Flowers
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25.01.01 Residential Districts
Holiday items
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C. Accessory Uses
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9 Jalsmg of Hens. Up to three 3) hens may be ke residential properties, provided
Formatted: Highlight
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on
they are confined by a coop or similar Accessory Building. The presence of more than
Formatted: Indent: Left: 2"
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three (3) hens, or, any rooster, shal be considered a Farm.
Formatted: Highlight
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Formatted: Highlight
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0. Amend Section 25.24: Sales, Seasonal Outdoor, Temporary Use to read:
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25.24 Sales, Seasonal Outdoor, Temporary Use
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25.24.01 Seasonal Outdoor Sales shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses,
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such uses shall be allowed only as a Temporary Use, requiring a Temporary Use Permit. Local non -profit
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organizations shall be exempt from all fees associated with this type of Temporary Use permit.
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25.24.02 Submittal of a site plan, indicating sales areas, signage and parking areas, shall be required before the
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issuance of any permits related to Seasonal Outdoor Sales. Signage plans are also required. Areas
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designated for Seasonal Outdoor Sales shall not be located within nor encroach upon:
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A. Any minimum required setback yard;
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B. Any drainage easement;
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C. A fire lane;
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D. A maneuvering aisle,
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E. Any right -of -way, greenway or trail;
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IE A parking space ors aces necessary to meet the minimum parking requirements of the other
Deleted: E
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use(s) of the lot or parcel.
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25.24.03 Seasonal Sales may be located within parking areas, provided it:
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A. Does not interfere with pedestrian or vehicular access or parking.
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B. Does not create a visibility obstruction to moving vehicles within a parking lot.
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25.24.04Goods or merchandise displayed in conjunction with a Seasonal Outdoor Sale shall not exceed nine (9) feet
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in height.
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25.24.050nly one (1) Seasonal Outdoor Sales, Temporary Use permit shall be issued per property per year.
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Seasonal Outdoor Sales, Temporary Use Permits shall be issued for a term of thirty (30) sixty (60), ninety
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(90), or one hundred twenty (120) consecutive days per permit depending on use One -time extensions
Deleted: unless otherwise approved by
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may be granted for all Seasonal Outdoor Sales, unless otherwise approved by the Board of Zoning Appeals.
the Plan Commission.
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Seasonal Outdoor Sales may not be renewed beyond the time period indicated in the _Time Limits for
Formatted: Font: Italic
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Seasonal Outdoor Sales table. Periods of time are considered to include one (1) calendar year.
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TIME LIMITS FOR SEASONAL OUTDOOR SALES
Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Centered, Position:
Horizontal: Left, Relative to: Column,
Vertical: In line, Relative to: Margin,
Horizontal: 0 Wrap Around
Ordinance Z -5 -10
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Item s
Sold
Plants.
Fruits
Flowers
yel;etables
Holiday items
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30 Days
x
x
'v
60 Days
X
X
90 Days
x
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Formatted: Font: Bold
Formatted: Centered, Position:
Horizontal: Left, Relative to: Column,
Vertical: In line, Relative to: Margin,
Horizontal: 0 Wrap Around
Ordinance Z -5 -10
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L20 Days 1 x
nonrenewable
25.24.06Signs for Seasonal Outdoor Sales shall be prohibited except as provided by Section 25.07.03 -06: Signage
for Temporary Uses of this Ordinance.
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25.24.07 Architectural Design, Exterior Lighting, Landscaping and Signage To insure the compatibility of the
proposed temporary use with adjoining areas, the irector shall review the Architectural Design, Exterior Deleted: commission
Lighting, Landscaping and Signage (ADLS) application of any proposed Seasonal Outdoor Sale. Once
approved by th Director the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)__ Deleted: commission
shall not be materially or substantially changed or altered without the prior approval of th ector Plan Deleted: comet scion
Commission approval is required prior to the issuance of Temporary Use Permit. An applicant may
continue to use an ADLS Approval to obtain subsequent Temporary Use Permits provided that the
proposed Temporary Use is consistent with such ADLS Approval, including time limits.
3 5.27 YbodStands. Formatted: Highlight
25.27.01 Food Stands shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses, and shall Formatted: Highlight
be allowed only as a Temporary Use, requiring a Temporary Use Permit.. Formatted: Not Highlight
25.27.02 Submittal of a site plan, indicating sales and seating areas, shall be required before the issuance of an y Formatted: Not Highlight
permits related to Food Stands. Signage plans are also required. Areas designated for Food Stands shall not
be located within nor encroach upon:
A. Any drainage easement;
B. A fire lane,
C. A maneuvering aisle,
D. Any right -of -way, greenway or trail;
E. A parking space or spaces necessary to meet the minimum parking requirements of the other
use(s) of the lot or parcel.
25.27.03 Food Stands may be located within parking areas, provided it:
A. Does not interfere with pedestrian or vehicular access or parking.
B. Does not create a visibility obstruction to moving vehicles within a parking lot.
25.27.041he height of the Food Stand, including all accessory equipment, shall not exceed eight (8) feet.
25.27.05Signage in conjunction with a Food Stand shall be attached to the Food Stand and may not exceed ten
(10)
square feet in area.
Formatted: Not Highlight
25.27.06Food Stand vendors shall be prohibited from using or maintaining sound amplifying equipment, lights or
Formatted: Not Highlight
noisemakers, such as bells, horns or whistles.
Deleted: Must be approved by the
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Commission, and sign may be established
25.27.07 Temporary Use Permits for Food Stand may be issued for up to one (1) year.
any time after subdivision final plans are
approved
25.27.08 ll Food Stand requirements listed herein are m addition to health and safety codes administered by
the r
unty H ealth Departments.
State or C ounty H
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ZO Section 25.07• Sign Ordinance
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P. Amend Section 25.07.02 to read:
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25.07.02 Permitted Permanent Signs
Deleted: Must be approved by the
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Commission, and sign may be established
25.07.02 -01 Subdivision
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any time after Multi- family Housing
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Complex final plans are approved.
i) REQUIRED APPROVAL: Please refer to Section, 24.990)L6),
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25.07.02 -02 Multi Family Housing Complex
Formatted: Font: Not Bold, Italic
Formatted: Font: Not Bold, Italic
i) REQUIRED APPROVAL: Please refer to Section 24.99
0)(.6),
E-
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Ordinance Z- 5- -10
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25.07.02 -03 Home Occupation and Boarding House (Residential Zone)
j) REQUIRED APPROVALS: _Please refer to Section. 24.99(13,
25.07.02 -04 Home Occupation and Boarding House Business and Manufacturing Zones)
REQUIRED APPROVAL: Please refer to Se_c 2_4._99_ 6
25.07.02 -05 Institutional Uses
j) REQUIRED APPROVALS: Please refer to Section, 24.99(13)( 6),
25.07.02 -06 Recreational Uses
REQUIRED APPROVALS: Please refer to Section 24.99(13)(6).
25.07.02 -07 Special Use and Use Variance Signs
j) REQUIRED APPROVALS: Please r
25.07.02-08 Single Tenant Building.
j) REQUIRED APPROVALS: Please refer to Section 24.99 6
25.07.02 -09 Multi- Tenant Ground Floor Building
j) REQUIRED APPROVALS: Please refer to Section 24.99 6
25.07.02 -10 Multi- Tenant Multi -Level Build n
j) REQUIRED APPROVALS: Please refer to Section 24.99 6
25.07.02 -11 Multi- Tenant Building Complex
j) REQUIRED APPROVAL: Please refer to Section 6
25.07.02 -12 Window Signs
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
any subsequently created business or manufacturing zone). Said commercial uses, in addition to utilizing the
signage provisions in Sections 25.07.02 -01 through 25.07.02 -11, may also utilize the signage provided for in
this Section 25.07.02 -12.
A) SIGN CLASSIFICATION: Non illuminated Window Signs.
7) REQUIRED APPROVAL: Please refer to Section 24.9962) SIGN CLASSIFICATION:
Illuminated Window Signs.
6) REQUIRED APPROVA Please refer to Section
25.07.02 -13 Old Town Carmel
j) REQUIRED APPROVALS: Please refer to Section 24.99 6
25.07.02 -14 Old Meridian District
i) REQUIRED APPROVAL:
ZO Chapter 27: Additional Parking Loading Regulations
q. Amend Section 27.08 Amount of Parking Spaces Required to read:
27.08 Amount of Parking Spaces Required
Off -street parking spaces shall be provided and maintained for all uses in accordance with the following minimum
requirements, unless otherwise specified herein:
Use: Parking Requirements:
Ordinance Z- 5-W -10
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Deleted: ADLS approval is required for
all permanent signs that are established in
a Zoning District and/or Overlay Zone
requiring ADLS approval.
Formatted
Deleted: ADLS approval is required for
all permanent signs that are established in
a Zoning District and/or Overlay Zone
requiring ADLS approval.
Formatted z
Deleted:
Deleted: ADLS approval is required for
all permanent signs that are established in
a Zoning District and/or Overlay Zone
requiring ADLS approval.
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Restaurant, with Walk -Up /Drive -Thru Food
Sales
2 ZO Chapter 29: Administration
3 r. Amend Section 29.07.05to read:
Ones ace per, O sq. ft. of floor area Deleted: 50
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9.07 arks and Recreation Imgact_ Fees
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29.07.05 Credit in Lieu of Payment; Exemptions
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L Y ursuant to IC 36 -7 -4 -1335, any person obligated to pay a_fee pursuant to the terms of this PRIF
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Ordinance may be granted the option of financing, constructing and dedicating Parks and
1.5'
8
Recreation Infrastructure instead of making all or part of any impact fee payment which may be
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9
due, so long as such financing, construction and dedication are accomplished either (A) p ursuant
10
to the 2010 -2015 Zone Improvement Plan and with the consent and acceptance of the Parks Board
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11
or (B) under a request by the Carmel Board of Public Works and Safety and with the consent and
12
acceptance of the Board of Public Works and Safety
F,
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2. Such fee payer, or other person providing the infrastructure or improvement, shall be allowed a
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credit in an amount equal to the sum of (A) the actual cost of constructing or providing the
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infrastructure or improvements, plus (B) the fair market value of the land, real property interests,
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and site improvements provided.
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3. The amount of the credit shall be determined by agreement (the "Credit Agreement') between the
18
person constructing or providing the infrastructure or improvement and either A the Parks Board
19
or (B) the Board of Public Works and Safety, depending upon which board is to accept the
20
dedication of the infrastructure or improvement A fee payer shall make a request for credit prior
21
to the issuance of the improvement location permit. In the event the credit is less than the amount
22
of the impact fee due pursuant to Section 29.07.04 above, the remaining balance shall be due in
23
accordance with the provisions stated hereafter.
24
4. Credits against impact fees otherwise due shall be allowed pursuant to this section for all
25
infrastructure and improvements constructed or furnished in accordance with IC 36 -7 -4 -1313 and
26
IC 36 -7 -4 -1335 since January 1, 1989. In addition, a fee payer or other person responsible for
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installing infrastructure or improvements may designate in writing a method of allocating its
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credits to future fee payers who may be successors in interest to the credits earned by the fee payer
29
or others, as part of the Credit Agreement provided for above.
30 5. Any person otherwise obligated to pay the fee established by this PRIF Ordinance whose property
31 was totally or partially destroyed by fire, storm or other casualty beyond his or her control, shall
32 be exempt from said fee if such person repairs or replaces the destroyed structure without creating
33 a burden on Parks and Recreation Infrastructure greater than the burden imposed by the destroyed
34 structure. In the event of such additional burden, the fee shall be calculated based only on the
35 increased burden created by the structure.
36
37
38 Section IL• All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
39 repealed.
40 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
41 Mayor.
42
43 PASSED by the Common Council of the City of Carmel, Indiana this day of 2010,
44 by a vote of ayes and nays.
45
Ordinance Z -5 -M -10
9
7/1/2010
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COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Richard L. Sharp, President Pro Tempore
John V. Accetturo
Ronald E. Carter
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Joseph C. Griffiths
Kevin Rider
W. Eric Seidensticker
Luci Snyder
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2010, at .M.
Diana L. Cordray, IAMC, Clerk- Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2010, at M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Prepared by:
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032
Ordinance Z- 5-M -10
10
7/1/2010
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ADLS approval is required for all permanent
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ADLS approval is required for all permanent signs that are established
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ADLS approval is required for all permanent signs that are established in a Zoning
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Must be approved by the Commission, and sign may be established any time after
final plans are approved.
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