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Home My WebLink AboutZ-455-04 to City Council CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO AMEND THE CARMEL /CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE No. Z- 455 -04 An Ordinance Amendment to amend Chapter 25: Additional Use of the Carmel /Clay Zoning Ordinance, regarding walls and fences around private swimming pools. To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Advisory Plan Commission offers you the following report on the application of the Department of Community Services (Docket No. 04070028 OA) to the Commission to amend Chapter 25: Additional Use of the Carmel /Clay Zoning Ordinance, regarding walls and fences around private swimming pools. The Carmel Plan Commission's recommendation on the petition of the Department of Community Services is FAVORABLE. At its regular meeting of August 17, 2004, the Carmel Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z- 455 -04 with a Favorable Recommendation. Please be advised that by virtue of the Plan 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 this Certification (August 19, 2004) is Wednesday, November 17, 2004. CARMEL AN C MMIS ION Leo W rckman resident 1" AT I ST: Received R.l ona Hancock, Secretary Carmel Advisory Plan Commission AUG, 1 g 2004 Dated: Thursday, August 19, 2004 Carmel 2004 -0818; Z- 455 -04; Private Swimming Pool PC Certification Clerk Treasurer Sep SPONSOR: COUNCILOR JOSEPH GRIFFITHS ORDINANCE NO. Z- 455 -04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA Amending the requirement for walls and fencing around private swimming pools WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana, as found in Indiana Code 36 -7 -4, each unit of local government that wishes to adopt land use and zoning ordinances must first approve a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the City's 2020 Vision Comprehensive Plan (the "Comprehensive Plan was duly approved by Resolution No. CC- 09- 03 -96 -03 of the Carmel Common Council on September 24, 1996, and is the official Comprehensive Plan of the City of Carmel; and WHEREAS, on November 20, 1995, the Carmel Common Council adopted its Ordinance No. Z -309, an amendment to Z -289, which contained certain requirements for private swimming pools located within its jurisdiction; and WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, the Carmel Zoning Ordinance (Z -289, as amended) was incorporated by reference into the Carmel City Code; and WHEREAS, pursuant to Indiana Code 36 -7 -4 -602, the Common Council is authorized to amend the text of Ordinance No. Z -289. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Pursuant to IC 36 -7 -4 -600, et seq. and IC 36 -7 -4 -700 et seq., the Common Council adopts this Ordinance as an amendment to Ordinance No. Z -309 and hereby amends the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended), Section 25.01.01(C)(8) to read as follows: 8. Private Swimming Pool a. Minimum Side and Rear Yard Setbacks. A swimming pool or its deck shall be set back a minimum of the greater of the following: i. Ten (10) feet from the Side or Rear Lot Line or ii. the Minimum Side or Rear Setback for the district. Ordinance No. Z- 455 -04 1 SCANNED SPONSOR: COUNCILOR JOSEPH GRIFFITHS b. Safety. For purposes of safety, the following shall apply: i. Walls or Fencing. Walls or fencing deemed to be impenetrable by the enforcing authority, that is not less than five (5) feet high completely surrounding the swimming pool and the deck area with exception of self closing and latching gates and doors, both capable of being locked; ii. Other Means. Other means not less than five (5) feet high and deemed impenetrable by the enforcing authority at the time of construction and completely surrounding the pool and deck area when the pool is not used; and iii. Combination. A combination of Subsections (i) through (ii) that completely surrounds the pool and deck with the exception of self closing and latching gates and doors which are capable of being locked; or iv. Pool Cover. A safety pool cover may be used in conjunction with, but not instead of, Subsections (i) and (ii), provided that: (a) there is a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool; (b) it is mechanically operated by key or key and switch such that the cover cannot be drawn upon or retracted without the use of a key; (c) it is capable of supporting a four hundred (400) pound imposed load upon a completely drawn cover; (d) it is installed with a track, rollers, rails or guides; (e) it bears an identification tag indicating the name of the manufacturer name of the installer, installation date, and applicable safety standards, if any; (f) that it is in compliance with the Indiana Swimming Pool Code, 2d Edition, effective date September 13, 1989, as amended. Section 3. All prior Ordinance or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 4. This Ordinance shall be in full force and effect from and after its passage, signing by the Mayor and such publication as is required by law. Ordinance No. Z- 455 -04 2 fit V SPONSOR: COUNCILOR JOSEPH GRIFFITHS Z- 455 -04 PASSED by the Common Council of the City of Carmel, Indiana, this day of 2004, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Presiding Officer Kevin Kirby Ronald E. Carter, President Pro Tempore Brian D. Mayo Fredrick J. Glaser Mark Rattermann Joseph C. Griffiths Richard L. Sharp ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer Z- 455 -04 Presented by me to the Mayor of the City of Carmel, Indiana, at o'clock m. on the day of 2004. Diana L. Cordray, IAMC, Clerk- Treasurer Z- 455 -04 Approved by me, Mayor of the City of Carmel, Indiana, at o'clock m. this day of 2004. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Prepared by: Douglas C. Haney Carmel City Attorney One Civic Square Carmel, IN 46032 Ordinance No. Z- 455 -04 3 SCANNED MEMORANDUM TO: Carmel City Council FROM: Angelina Butler Department of Community Services SUBJECT: Item forwarded by the Plan Commission for action by the City Council DATE: August 24, 2004 Please find information on the following favorable recommendation made by the Plan Commission attached. This item will appear on your September 7, 2004 agenda. Ordinance No. Z- 455 -04 (Docket No. 04070028 OA) Amendment, Swimming Pool Ordinance. A Petition to Amend Chapter 25: Additional Use of the Carmel/Clay Zoning Ordinance, amending the requirements for walls and fences around private swimming pools. The information on these items has been arranged in the following format: 1. Copy of the Ordinance (amended (added) text in bold) 2. Copy of Plan Commission Certification 3. Memorandum to City Council If you have any questions please give me a call at 571 -2417. �y r Council Report 2004 -0824 CANN E