HomeMy WebLinkAboutDept Report 06-15-10 CARMEL PLAN COMMISSION
DEPARTMENT REPORT
JUNE 15, 2010
3. Docket No. 10060001 OA: ZO CH 28: Nonconforming Uses Exemptions, Amendment.
The applicant seeks to amend Chapter 28: Nonconforming Uses Exemptions of the Carmel Zoning
Ordinance. Filed by the Carmel Dept. of Community Services on behalf of the Carmel Plan
Commission.
Please see the proposed amendment below which adds a paragraph to the Carmel Zoning Ordinance Section 28.
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' meeting agenda.
Add Section 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 following public notice and a public hearing in accordance with the Rules of Procedure of the Board.
Please refer to the information packets for more detail.
After all comments and concerns are addressed, the Dept of Community Services (DOCS) requests that
the Plan Commission suspends its rules of procedure and votes to forward this item to the City Council
with a positive recommendation.
CARMEL PLAN COMMISSION
DEPARTMENT REPORT
JUNE 15, 2010
I TABLED TO JULY 20: Docket No. 10050001 OA: Appendix A Amendment
The applicant seeks to amend Appendix A: Schedule of Uses of the Zoning Ordinance.
Commission.
This item is tabled to the July 20 Plan Commission meeting.
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