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CARMEL PLAN I _I
-MEMORANDUM-
Date: July 1, 2010
To: Special Studies Committee
From: Adrienne Keeling
Department of Community Services
Re: Docket No. 100040014 OA: Patch VIII
Enclosed is additional information regarding the Patch Ordinance. Items with discussion at the June 1s
Special Studies Committee meeting ,are: shaded below and corresponding revisions are highlighted in the
ordinance draft. If you have any questions, please contact me at akeelina @carmeLin.gov or 571 -2417.
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.
COMMITTEE DlscusSloN Proceed w amendment to reduce, Farm'to acres. Also, allow 3 hens per
property: under.' acres, and'no roosters. See;lnguage on page 6-of the ordinance draft.
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 definition to include fruits,
vegetables and prepared food items. Include food stands as separate a type of Temporary Use. See
also Docket 10050001 OA, amendment to Appendix A.
o COMMITTEE DISCUSSION Food Stands should: have a separate section of requirements. The
Department should recommend standards' relating, to size, music,: lights,: tables chairs, time limits (or
not), hours: See new Food Stands section on page 7 of the ordinance draft.
NOTE These regulations apply to' Food Stands; locating on Private Property. Location in ,rights -of -way
would be a <separate by the Board of Public Works.
SEASONAL. SALES TIMELINES
o 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.
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317 /571 -2417
COMMITTEE DlscussloN: There` was, no objection to requiring proposals to be reviewed under
the same process as others, with no filing fee. This is the current practice.
NOTE: There is a similar approval process for Special Outdoor Events and Outdoor Sales for up to 5
days` each.
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 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.
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.
COMMITTEE Discu There were .differing opinion Including keeping the exi 50 sgft per. space,
and using a' figure`,closer to the existing average bf approximately 80' p'er space
PROPOSED SOLUTION: CHAPTER 27: Reduce ratio from one space per 50 sqft. to one space per 80
sqft. of floor area.
Existing Fast Food Parking Ratios
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Taco Bell 615 E Carmel Dr 50 4,455 0.6 1.1 89.1 2009 Remodel
(proposed) BostMkt
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Dairy Queen 951 N Ftange4Line� Z 42i r x,.,4,000 aA 0 5 4 1 4 95 2* 2008 €4Rebuild
KFC /Taco Bell Michigan Rd 36 2,912 0.6 1.2 80.9 2008 Variance
(proposed)
"Burger King M 19853fNliehigan Rd F,,t 35 x 2 935 f' 0¢eM 4 t 12 r :4 83 9 2007 „Variance
KFC 1331 S Range Line 35 3,218 0.5 1.1 91.9 2005
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y4 10585aMich�gan �4 X87 9 2001
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Taco Bell 1391 S Range Line 23 2,121 0.5 1.1 92.2 1998
.rte ,,r `W'- 1 w p J w s 7 zr >r s .,v lo d l i `i, #pa t r x'f, �y.o l t i4' 'rr.� 3 ifs .�.0 v�^A4;f y
Hardee s 4 2350 E116th St 4 k t 48 2 3315 0 7 X14 691 at 1994 f J
>+^'�,'sk",t ,r,Fsa�7A,r.. S xsm�xs .cr;r.�ra; 4.. ,�L,9:. e,.:,a. c ,xuxa;,r ce, e. ,..n ,...:✓�`r.- ._,E7... ,r,. sue.,.;,, +..r�z,
Wendy's 2370 E 116th St 51 2,940 0.9 1.7 57.6
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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.
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
o PROPOSED SOLUTION: CHAPTER 29: Modify the language to more closely follow Indiana Code 36-7-4
1335.
o COMMITTEE DISCUSSION: Asked the Department to revise the language. See amended language on
page 10 of the draft.
SIGN APPROVAL PROCESS, MAKING ADLS AMENDMENTS AN ADMINISTRATIVE APPROVAL
o ISSUE: Businesses come and go in both multi- tenant buildings as well as single .tenant buildings. If a
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.
o COMMITTEE DiscussioN` Asked :Department to research how neighboring jurisdictions handle sign
approvals. RESULTS:
o After speaking with sign reviewers in Fishers, Noblesville and Westfield, we found that Carmel's
existing process; for :sign .approval is unique in that Our signs require approval by the Plan
Commission.
o With the exception of a committee in Fishers, dedicated only the their "Town Center District," the
other jurisdictions approve signs adminiStratively for compliance.. with the Sign Ordinance.
o Westfield requires .a 'Sign plan to be submitted to staff for all center identification signs prior to
permitting signs for the center or its`' tenants:
o PROPOSED SOLUTION: CHAPTERS: 23B, 23C, 23D, 23E, 23F, 24, and 25.07. Instead of requiring
Commission approval, amend the ordinance to necessitate only Director (staff) approval for signage
changes for existing buildings. New buildinqs/proiects would Still be required to submit Sign Plans as
part of the DP /ADLS approval process.
2010 -0701; 10040014 OA; Committee Memo.rtf
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
it
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),
0 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
WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the text
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,
t 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
5 hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended) to
7 read as follows:
Section I:
ZO Chapter 3: Definitions:
t a. Amend the following definitions in Section 3.07: Definitions to read:
t I FARM. A tract of land comprising an area of at least five three (52) acres which is devoted to agricultural operations, such
as forestry; the growing of crops; pasturage; the production of livestock and poultry; the growing of trees, shrubs
and 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
I I grand opening sales, sidewalk sales, food stands, kiosks. and specialty sales.
I
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SALES, SEASONAL OUTDOOR. The short -term sale of agricultural products that are seasonal in nature, including
produce, nursery stock, Christmas trees, pumpkins, farmers' markets, and other similar products as qualified by the
Director of Community Services. NO CHANGE TO THIS DEFINITION NOW THAT FOOD STANDS ARE IN
A SEPARATE SECTION.
ZO Chapter 23B: U.S. Highway 31 Corridor Overlay Zone
b. Amend Section 23B.02(B) as follows:
23B.02 Commission Review:
B. Architectural Design, Exterior Lighting, Landscaping and Signage. Except as provided in Paragraph
(A)(1) above, for all projects in the U.S. Highway 31 Overlay Zone, the Commission shall review and
approve the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to the
property, site layout, parking and site circulation, pursuant to Sections 23B.09 through 238.15.
1. ADLS approval shall be necessary prior to:
a. The establishment of any use of land;
b. The issuance of any Improvement Location Permit;
c. The erection, reconstruction or structural alteration of any building(s) in the U.S.
Highway 31 Overlay Zone; or
d. Any changes in any site improvements.
2. An amendment to an ADLS may be reviewed and approved by a committee of the Commission
according to the Rules of Procedure. However, any interested party may appeal the decision of the
committee directly to the Commission.
3. Any changes in Signage Only please refer to Section 2499(B)(6).
c. Add Section 23B.02(D) as follows:
23B.02 Commission Review:
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 ADIS 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.
d. Delete Section 23B.07(B) as follows:
23B.07 Minimum Tract Size:
A. Except as provided in Paragraph CB, below, the minimum area covered by a DP within the U.S. Highway
31 Overlay Zone must be 217,800 square feet (5 acres).
31 Overlay Zone shall prevail.
CB. If a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and said
parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot "Undersized
Lot may be used for any use permitted in the U.S. 31 Overlay Zone provided that:
At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met
the requirements for minimum lot size then in effect for a lot in the underlying primary zoning
district(s);
(2) The owner of the Undersized Lot must include any adjoining vacant land (not separated by a street
or public way) owned or owned by an affiliate on or before the Effective Date or at the time of
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application which, if combined with the Undersized Lot would create a parcel which conforms, or
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.
1 PC. Section 231.07 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
5 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.
3
ZO Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone
e. 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
i 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,
18. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive Plan.
Overlay Zone, Development Plan and ADLS approvals arc required for the entire Parent Tr ct.
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f. Amend Section 23C.02(C) to read:
23C.02 Commission Approval.
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;
3. the erection, reconstruction or external architectural alteration of any building in the Overlay
Zone; or,
4. the changing of any site improvements.
5. Any changes in Signage Only please refer to Section 24.99(B)(6).
g. Add Section 23C.02(E) to read:
E. Partial Boundaries Conflicts. If a Parent Tract is lgcated both inside and outside of the U.S. Highway
421- Michigan Road Corridor Overlay Zone, a DP and ADLS in compliance with the US Highway 421—
Michigan Road Overly Zone shall be submitted to the Commission for the entire Parent Tract. Wherever
there exists a conflict between the requirements of the underlying zoning and those of the US Highway 421,
Michigan Road Overlay Zone. the requirements for the US Highway 421— Michigan Road Overlay Zone
shall prevail.
h. Amend Section 23C.14.04 to read:
23C.14.04 Signs. A Sign Plan for the proposed development shall be submitted to the Commission for its
color and architectural design as approved by the Commission. Should an ADLS approved Sign Plan be
Plan must go before the Commission for ADLS review and
i igti -ee +for to both
-require—a —permit. Please refer to Section
2499(B)(6).
1 ZO Chapter 23E: Home Place District Overlay Zone
Delete Section 23E.02(A)(4) as follows:
23E.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 Home Place Business District or West Home Place
Commercial Corridor that is to be developed for commercial purposes or as a Planned Unit Development.
j. Amend Section 23E.02(B) to read:
B. Architectural Design, Landscaping, Exterior Lighting and Signage. For all projects in the Home Place
Business District and West Home Place Commercial Corridor, the Commission shall review and approve or approve
with conditions the Architectural Design, Landscaping, Exterior Lighting and Signage (ADLS), access to the
property, site layout, parking and site circulation, pursuant to Section 23E.08 and Section 23E.09, and such
approvals shall be necessary prior to:
1. The establishment of any use of land;
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
Place Business District or West Home Place Commercial Corridor; or
4. Any changes in site improvements.
5. Any changes in Signage Only please refer to Section 24.99(B)(6).
k. Add Section 23E.02(D) to read:
23E.02 Commission Approval.
D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the Home
Place Business District or West Home Place Commercial Corridor. a DP and ADLS in compliance with the
Home Place Business District or West Home Place Commercial Corridor provisions 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 Horne Place District Overlay Zone, the requirements for the Home
Place District Overlay Zone shall prevail.
Chapter 23F: Carmel Drive Range Line Road Overlay Zone
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;
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.
D. Any changes in Signage Only please refer to Section 24.99(B)(6).
ZO Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
m. Amend Section 24.99 (B)(6) to read:
24.99 Procedures for Submission and Review.
B. Architectural Design, Exterior Lighting, Landscaping Signage.
6. Amendment.
a. Requirements. See Section 24.03.
b. Fees. See Section 29.06.
c. Review. See §A(6)B(4).
d. Approval. See §--S above.
e. Signage:
1. A Sign Plan for a proposed development shall be submitted to gie Commission for its
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
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Y
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.
ef. and other matters relevant to- review.
ZO Chapter 25: Additional Use Regulations
n. Amend Section 25.01: Accessory Buildings and Uses to read:
25.01 Accessory Buildings and Uses.
25.01.01 Residential Districts.
C. Accessory Uses.
9. Raising of Hens. Up to three (3) hens may be kept on residential properties, provided
they are confined by a coop or similar Accessory Building. The presence of more than
three (3) hens, or any rooster, shall be considered a Farm.
o. Amend Section 25.24: Sales, Seasonal Outdoor, Temporary Use to read:
25.24 Sales, Seasonal Outdoor, Temporary Use.
25.24.01 Seasonal Outdoor Sales shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses,
such uses shall be allowed only as a Temporary Use, requiring a Temporary Use Permit. Local non profit
organizations shall be exempt from all fees associated with this type of Temporary Use permit.
25.24.02Submittal of a site plan. indicating sales areas. signage and parking areas, shall be required before the
issuance of any permits related to Seasonal Outdoor Sales. Signage plans are also required. Areas
designated for Seasonal Outdoor Sales shall not be located within nor encroach upon:
A. Any minimum required setback yard;
B. Any drainage easement;
C. A fire lane;
D. A maneuvering aisle,
E. Any right -of -way, greenway or trail;
EF. A parking space or spaces necessary to meet the minimum parking requirements of the other
use(s) of the lot or parcel.
25.24.03 Seasonal Sales 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.
25.24.04Goods or merchandise displayed in conjunction with a Seasonal Outdoor Sale shall not exceed nine (9) feet
in height.
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25.24.05Only one (1) Seasonal Outdoor Sales, Temporary Use permit shall be issued per property per year.
Seasonal Outdoor Sales, Temporary Use Permits shall be issued for a term of thirty (30). sixty (60), ninety
(90). or one hundred twenty (120) consecutive days per permit, depending on use =r e otherwise
approved by the Plan Commission. One -time extensions may be granted for all Seasonal Outdoor Sales.
unless otherwise approved by the Board of Zoning Appeals. Seasonal Outdoor Sales may not be renewed
i beyond the time period indicated in the Time Limits for Seasonal Outdoor Sales table. Periods of time are
1 considered to include one (1) calendar year.
1 TIME LIMITS FOR SEASONAL OUTDOOR SALES_
Itemts) Sold
Plants
Fruits/ Flowers
Vegetables Holiday items
30 Days x x
0 60, Days x x*
a 90 Days x
120 Days 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.
25.24.07Architectural Design, Exterior Lighting. Landscaping and Signage. To insure the compatibility of the
I proposed temporary use with adjoining areas, the Director shall review the Architectural
Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed Seasonal
t I Outdoor Sale. Once approved by the Director, the Architectural Design, Exterior Lighting,
Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the
prior approval of the Director. Plan 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.
25.27 Food Stands.
25.27.01 Food Stands shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses. and shall
be allowed only as a Temporary Use, requiring a Temporary Use Permit.
t 25.27.02Submittal of a site plan, indicating sales and seating areas. shall be required before the issuance of any
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.
25.27.03Food 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_
25.27.04The height of the Food Stand, including all accessory equipment, shall not exceed eight (8) feet.
25.27.05 Signage in conjunction with a Food Stand shall be attached to the Food Stand and may not exceed ten (10)
square feet in area.
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l 25.27.06Food Stand vendors shall be prohibited from using or maintaining sound amplifying equipment, lights or
noisemakers, such as bells, horns or whistles.
3 25.27.07Temporary Use Permits for Food Stand may be issued for up to one (1) year.
25.27.08 All Food Stand requirements listed herein are in addition to health and safety codes administered by the
5 State or County Health Departments.
i
7 ZO Section 25.07: Sign Ordinance
3 p. Amend Section 25.07.02 to read:
25.07.02 Permitted Permanent Suns.
25.07.02 -01 Subdivision.
l i i) REQUIRED APPROVAL: c
Please refer to Section 24.99(B)(6).
3
25.07.02 -02 Multi Family Housing Complex.
i) REQUIRED APPROVAL:
5 Please refer to Section
7 24.99(B)(6).
3
25.07.02 -03 Home Occupation and Boarding House (Residential Zone).
j) REQUIRED APPROVALS:
Please refer to Section
24.99(B)(6).
3
25.07.02 -04 Home Occupation and Boarding House (Business and Manufacturing Zones).
5 j) REQUIRED APPROVAL:
5 a-- Zening Distfiet and /or Overlay Zone requiring ADLS approval. Please refer to Section
7 24.99(B)(6).
3
25.07.02 -05 Institutional Uses.
j) R E Q U I R E D APPROVALS:
e Please refer to Section
24.99(B)(6).
3
1 25.07.02 -06 Recreational Uses.
5 j) REQUIRED APPROVALS: P.
i b Please refer to Section
7 24.99(B)(6).
3
25.07.02 -07 Special Use and Use Variance Signs.
j) REQUIRED APPROVALS: .o...
L in a Zoning District a e .1k Please refer to Section
24.99(B)(6).
25.07.02 -08 Single Tenant Building.
5 j) REQUIRED APPROVALS:
5 in a Zoning District and/or Overlay Zone requiring ADLS approval. Please refer to Section
7 24.99(B)(6).
Ordinance Z- 5- -10
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7/1/2010
t 1 25.07.02 -09 Multi- Tenant Ground Floor Building.
2 j) REQUIRED APPROVALS: e
3 in a Zoning District and /or Overlay Zone requiring ADLS approval. Please refer to Section
4 24.99(B)(6).
5
6 25.07.02 -10 Multi Tenant Multi -Level Building.
7 j) REQUIRED APPROVALS:
8 to a Zoning District and/or Overlay Zone requiring ADLS approval. Please refer to Section
2499(B)(6).
D
1 25.07.02 -11 Multi- Tenant Building Complex.
2 j) REQUIRED APPROVAL:
3 e e Please refer to Section
24.99(B)(6).
5
5 25.07.02 -12 Window Signs.
1 This section applies to all commercial properties zoned B -1, B -2, 13-3, 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
I 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: a
9• Please refer
to Section 24.99(11)(6i.
B) SIGN CLASSIFICATION: Illuminated Window Signs.
6) REQUIRED APPROV e
to Section 24.99 e a Please refer
(B)(6).
25.07.02 -13 Old Town Carmel.
j) REQUIRED APPROVALS:
24.99 B e Please refer to Section
()(6).
25.07.02 -14 Old Meridian District.
i) REQUIRED APPROVAL:
9
Please refer to Section 2499(B)(6).
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:
Restaurant, with Walk- Up/Drive -Thru Food One space per 50 80 sq. ft. of floor area
Sales
Ordinance Z- 5- ###-10
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7/1/2010
t
ZO Chapter 29: Administration
r. Amend Section 29.07.05to read:
29.07 Parks and Recreation Impact Fees.
29.07.05 Credit in Lieu of Payment; Exemptions.
1. Pursuant to IC 36 -7 -4 -1335, any person obligated to pay a fee pursuant to the terms of this PRIF
Ordinance may be granted the option of financing, constructing and dedicating Parks and
Recreation Infrastructure instead of making all or part of any impact fee payment which may be
due, so long as such financing, construction and dedication are accomplished either (A) pursuant
to the 2010 -2015 Zone Improvement Plan and with the consent and acceptance of the Parks Board,
or (B) under a request by the Carmel Board of Public Works and Safety and with the consent and
acceptance of the Board of Public Works and Safety.
2. Such fee payer, or other person providing the infrastructure or improvement, shall be allowed a
credit in an amount equal to the sum of (A) the actual cost of constructing or providing the
infrastructure or improvements, plus (B) the fair market value of the land, real property interests,
and site improvements provided.
3. The amount of the credit shall be determined by agreement (the "Credit Agreement between the
person constructing or providing the infrastructure or improvement and either (A) the Parks Board
or (B) the Board of Public Works and Safety, depending upon which board is to accept the,
dedication of the infrastructure or improvement. A fee payer shall make a request for credit prior
to the issuance of the improvement location permit. In the event the credit is less than the amount
of the impact fee due pursuant to Section 29.07.04 above, the remaining balance shall be due in
accordance with the provisions stated hereafter.
4. Credits against impact fees otherwise due shall be allowed pursuant to this section for all
infrastructure and improvements constructed or furnished in accordance with IC 36 -7 -4 -1313 and
IC 36 -7 -4 -1335 since January 1, 1989. In addition, a fee payer or other person responsible for
installing infrastructure or improvements may designate in writing a method of allocating its
credits to future fee payers who may be successors in interest to the credits earned by the fee payer
or others, as part of the Credit Agreement provided for above.
5. Any person otherwise obligated to pay the fee established by this PRIF Ordinance whose property
was totally or partially destroyed by fire, storm or other casualty beyond his or her control, shall
be exempt from said fee if such person repairs or replaces the destroyed structure without creating
a burden on Parks and Recreation Infrastructure greater than the burden imposed by the destroyed
structure. In the event of such additional burden, the fee shall be calculated based only on the
increased burden created by the structure.
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
PASSED by the Common Council of the City of Carmel, Indiana this day of 2010,
by a vote of ayes and nays.
Ordinance Z- 5- -10
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7/1/2010