HomeMy WebLinkAboutPacket 07-06-10 dated June 30 a
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INDI ANN
CARMEL PLAN COMMISSION
MEMORANDUM-
Date: June 30, 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 1
Special Studies Committee meeting are shaded below and corresponding revisions are included in the
ordinance draft. If you have any questions, please contact me at akeelingacarmel.in.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 DISCUSSION: Proceed with amendment to reduce Farm to 3 acres. Also, allow 3 hens per
property under 3 acres, and no roosters.
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.
srk Food Stands should have a separate section of requirements. The
5, ;r x r uld recommend standards relating to size, music, lights, tables chairs, time limits (or
fi s
*��Is section on page of the ordlnance:>��, 41-pp
4 4 l aps Food S tands Locating on P Property Location in rights y
SEASONAL SALES TIMELINES
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.
Page 1
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
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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 DISCUSSION: There were differing opinions, including keeping the existing 50 sqft per space
and using a figure closer to the existing average of approximately 80 sqft per 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
Taco Bell 615 E Carmel Dr 50 4,455 0.6 1.1 89.1 2009 Remodel
(proposed) BostMkt
itAti '4'444 40 14.fr
KFC /Taco Bell Michigan Rd 36 2,912 0.6 1.2 80.9 2008 Variance
(proposed)
Burger K a 'l �x r 1 ,7
KFC 1331 S Range Line 35 3,218 0.5 1.1 91.9 2005
Wend` .x 10585 Mit 4 a j 0
Taco Bell 1391 S Range Line 23 2,121 0.5 1.1 92.2 199
Hardee's 2350 E "4616
Wendy's 2370 E 116th St 51 2,940 0.9 1.7 57.6
r` ;."n t t r F r 16 r ,as" x .,.-O x .o: 4
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.
Page 2
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
PROPOSED SOLUTION: CHAPTER 29: Modify the language to more closely follow Indiana Code 36 -7 -4-
1335.
IscUssioN: Asked the Department to work with the Parks Department to revise the
fn"e. use amended language on page of the draft.
l•vi /.f•. r
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.
s Ls COMMITTEE DISCUSSION: Asked the Department E;ai i 1� i f t i jurisdic o ''h n e
4 L' 'approvals RESULTS:
t speaking with sign reviewers in Fishers, Noblesville and Westfield, we found that Carmel's
fot, approval is unique in that our signs require approval by the Plan
s s a i� �+�L �"�ti�i��.x may h 55; a
"th i��� e.
t .outs s s i a y r 3° �d their "Town Center District," the
other f s i e a 4 7 t `e 'Sign Ordinance.
A
o Westfield f� 2;4� x a °E� '61 �r iter identification signs prior to
permitting r or its tenants.
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 buildings/projects would still be required to submit Sian Plans as
part of the DP /ADLS approval process.
2010 -0630; 10040014 OA; Committee Memo.rtf
Page 3
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Sponsor: Councilor
ORDINANCE Z Nth' 10
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7 -4),
each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly
approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore the
official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; and
WHEREAS, pursuant to Indiana Code 36 -7 -4-602 the Common Council is authorized to amend the text
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
WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D-1600-02, the
Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
that, pursuant to IC 36 -7-4 -600 and IC 36 -7 -4 -700 et seq. and after Docket No. 10040014 OA having received
favorable recommendations from the Carmel Advisory Plan Commission on Tuesday, 2010, it
hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended) to
read as follows:
Section I:
ZO Chapter 3: Definitions:
a. Amend the following definitions in Section 3.07: Definitions to read:
FARM. A tract of land comprising an area of at least five three (53) 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.
&Mote
FOOD STAND. A s cture 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 consumntion.
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- -10
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7/6/2010
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 NOW THAT FOOD STANDS HAVE 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 23B.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 town ADLS may be reviewed and approved by a committee of the Commission
according tod 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 Sectiork24.99t�)66), Fitted: Font Not Bold
Formatted: Font: Not Bold, Italic mil
c. Add Section 23B.02(D) as follows: Formatted: Font: Not Bold, ttallc
‘‘‘'f Formatted: Font: Not Bold, Italic
23B.02 Commission Review: Formatted: Font: Not Bold, Italic
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.
d. Delete Section 23B.07(B) as follows:
23B.07 Minimum Tract Size:
A. Except as provided in Paragraph GB, 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 Overt..,. Z 3 h_tt
GB. 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:
(1) 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
Ordinance Z- 5- -I0
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7)6/2010
II
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) All other requirements applicable to the U.S. 31 Overlay Zone can be met.
DC. Section 23B.07 does not preclude the sale or other transfer of any parcel of land within a Parent Tract after
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 Ordinan ce.
ZO Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone
e. Amend Section 23C.02(A) to read:
23C.02 Commission Anoroval.
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,
18. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive Plan.
Ordinance Z- 5- #5# -10
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7/6/2010
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. chan e m Si a. Sig .lease refer to S- 'o 9' Formatted: Pont: Not Bold, Italic
Formatted: Font: Not Bold, Italic
g. Add Section 23C.02(E) to read: Formatted: Font Not Bold, Italic
E. Partial Boundaries Conflicts. If a Parent Tract is located both inside and outside of the U.S. Highway 4--
t Formatted: Font: Not Bold, Italic
421 Michigan Road Corridor Overlay Zone. a DP and ADLS in compliance with the US Highway 421 Formatted: B Text, Left, Indent: Left: 1
with T Tab shopp s: 1 1 Left
Michigan Road Overlay Zone shall be submitted to the Commission for the entire Parent Tract. Wherever Han 5 N or numberin Keep
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.
Please refer to Section Formatted: Font: Not Bold, Italic
Formatted: Font: Not Bold, Italic
Formatted: Font Not Bold, Italic
ZO Chapter 23E: Home Place District Overlay Zone
Formatted: Font Not Bold, Italk
1. 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 23E09, and such
approvals shall be necessary prior to:
1. The establishment of any use of land;
2. The issuance of any Improvement Location Pennit;
Ordinance 54## -10
4
7/6/2010
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_613)(5)) Formatted: Font: Not Bold, Italic
Formatted: Font: Not Bold, Italic
k. Add Section 23E.02(D) to read: Formatted: Font: Not Bold, Italic
Formatted: Font: Not Bold, Italic
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 Home 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;
13. 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 chang in Signage Only please refer to Section Formatted: Font: Not Bold, Italic
Formatted: Font: Not Bold, Italic
ZO Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage Formatted: Indent: Left: 1.5", Space Before:
m. Amend Section 24.99 (B)(6) to read: 6 at
24.99 Procedures for Submission and Review. Formatted: Font: Not Bold, Italic
Formatted: Font: Not Bold, Italic
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)111L11
d. Approval. See §-7-5 above.
e. Signage;
1. A Sign Plan for a proposed development shall be submitted to the Commission for its 0 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
Ordinance Z- 5- -I0
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7/6/2010
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
forth b ildi i e amended Sic P ust b- .r- sented t. Director for AD- S
review and annual Should the Director believe the amended Sign Plan require
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.
of 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. Raisine of Hens. Up to three (3) hens may be kept on residential, properties. provided' lF°rmatfed' Highlight
they are confined by a coop or similar Accessory Building. The presence of more than Formatted: Indent: Left: 2 Hanging: 0.5" J
three (3) hens, or any rooster, will 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.
25.24.02 Submittal 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.
Ordinance Z-5-###.10
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7/6/2010
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.mlless– other•ise
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
beyond the time period indicated in the lime Limits for Seasonal Outdoor Sales table. Periods of time are Formatted: Font: Italic 1
considered to include one (1) calendar year.
TIME LIMITS FOR SEASONAL OUTDOOR SALES
)tem(s) Sold Formatted: Font: Bow
Plants, Formatted: Centered, Position: Horizontal:
Fruits/ Flowers Left, Relative to: Column, Vertical: In line,
Vegetables Holiday items Relative to: Margin, Horizontal: 0 Wrap
Around
30 Days x x
0 60 Days x*
I- a' 90 Days x
120 Days x
nonrenewable
25.24.06 Signs for Seasonal Outdoor Sales shall be prohibited except as provided by Section 25.07.03 -06: Signage
for Temporary Uses of this Ordinance.
25.24.07 Architectural Design. Exterior Lighting, Landscaping and Signage. To insure the compatibility of the
proposed temporary use with adjoining areas, the Celnlnission Director shall review the Architectural
Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed Seasonal
Outdoor Sale. Once approved by the Commission Director, the Architectural Design, Exterior Lighting,
Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the
prior approval of th 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.
,5.27 Food Stands. Formatted: Highlight
25.27.01 Food Stands shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses, and ,shall t Formatted: Highlight
be allowed only as a Temporary Use. requiring a Temporary Use Permit,, Formatted: Highlight
25.27.02 Submittal of a site plan. indicating sale u ,.ri:wls, 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; r 0 01 �.Q 1
C. A maneuvering aisle,
�/,V,/Q 6/1414 '✓y"'w
D. Any right -of -way, greenway or trail; lake Y
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( 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.
Ordinance Z- 54### -10
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25.27.06Food Stand vendors shall be prohibited from using or maintaining sound amplifying equipment, lights or
noisemakers, such as bells, horns or whistles.
25.27.07 Temporary Use Permits for Food Stand may be issued for up to one (1) year.
25.27.08A11 Food Stand requirements listed herein are in addition to health and safety codes administered by the
State or County Health Departments.
ZO Section 25.07: Sign Ordinance
p. Amend Section 25.07.02 to read:
25.07.02 Permitted Permanent Sims.
25.07.02-01 Subdivision.
i) REQUIRED APPROVAL:
Please refer to Section,24.99 Formatted: Font: Not Bold, Italic
Formatted: Font: Not Bold, Italic
25.07.02-02 Mold-Family Housing Complex.
Formatted: Font: Not Bold, Italic
i) REQUIRED APPROVAL
Formatted: Font: Not Bold, Italic
4.."- Please refer to Section,
24.99a90), Formatted: Font: Not Bold, Italic
Formatted: Font: Not Bold, Italic
25.07.02-03 Home Occupation and Boarding House (Residential Zone).
Formatted: Font Not Bold, Italic
I) REQUIRED APPROVALS: A' Formatted: Font: Not Bold, Italic
e Please refer to Section,_
24.99(8266). Formatted: Font: Not Bdd, Italic
Formatted: Font: Not Bold, Italic
25.07.02-04 Home Occupation and Boarding House (Business and Manufacturing Zones). Formatted: Font: Not Bold, Italic
j) REQUIRED APPROVAL: Formatted: Font: Not Bold, Italic
e .9 Please refer to Section,
Formatted: Font: Not Bold, Italic
24.99041
Formatted: Font: Not Bold, Italic
25.07.02-05 Institutional Uses. s.„ Formatted: Font: Not Bold, Italic
REQUIRED APPROVALS: .e Formatted: Font: Not Bold, Italic
e- ...D Please refer to Section F orma tt e d F N km italic
asmak
Formatted: Font: Not Bold, Italic
25.07.02-06 Recreational Uses. Formatted: on Not Bold, Italic j) Formatted: Font: Not Bold Italic
e Please refer to Section„--- Formatted:Font: Not Bold, Italic
24.99(W(6).
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25.07.02-07 Special Use and Use Variance Siens. s-, Formatted: Font: Not Bold, Italic
j) REQUIRED APPROVALS:
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e e Please refer to Section, Formatted: Font: Not Bold, Italic
21,220101
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25.07.02-08 Single Tenant Building. Formatted: Font: Not Bold, Italic
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e• Please refer to Section„ Formatted: Font: Not Bold, Italic
2.4.990101 ormatted: Font: Not Bold, Italic
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Ordinance Z-5-###-10
8
7/6/2010
25.07.02-09 Multi-Tenant Ground Floor Building.
j) REQUIRED APPROVALS:
D e Please refer to Section, Formatted: Font: Not Bold, Italic
2s_t.99(Ala Formatted: Font: Not Bold, Italic
25.07.02-10 Multi-Tenant Multi-Level Building. Formatted: Font: Not Bold, Italic
Formatted' Font Not Bold, Italic
j) REQUIRED APPROVALS:
e:: e Please refer to Section Formatted: Font: Not Bold, Italic
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25.07.02-11 Multi-Tenant Building Complex. Formatted: Font: Not Bold, Italic
j) REQUIRED APPROVAL: Formatted: Font: Not Bold, Italic
e Please refer to Section, Formatted: Font: Not Bdd, Italic
24.99(,8)(64
Formatted: Font: Not Bold, Italic
25.07.02-12 Window Signs Formatted: Font: Not Bold, Italic
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 Formatted: Font: Not Bold, Italic
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.
to Section,24.99(0 Formatted: Font: Not Bold, Italic j
B) SIGN CLASSIFICATION: Illuminated Window Signs. s„ Formatted: Font: Not Bold, Italic
6) REQUIRED APPROVAL: Formatted: Font: Not Bold, Italic
Please refer Formatted: Font: Not Bold, Italic
to Section,24.99(8)01 Formatted: Font: Not Bold, Italic
25.07.02 Old Town Carmel. Formatted: Font: Not Bold, Italic
j) REQUIRED APPROVALS: Formatted: Font: Not Bold, Italic
4
e Please refer to Section, t Formatted: Font: Not Bold, Italic
24.99(8)66).
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25.07.02 Old Meridian District Formatted: Font: Not Bold, Italic
''ormatted: Font: Not Bold It3liC
i) REQUIRED APPROVAL:
tifne Please refer to Section f Formatted: Font: Not Bold, Italic
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ZO Chapter 27: Additional Parking Loading Regulations
Formatted: Font Not Bold, Italic
q. Amend Section 27.08 Amount of Parking Spaces Required to read:
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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 Parkin u Requirements:
Restaurant, with Walk-Up/Drive-Thru Food One space per,50-80 sq. ft. of floor area Formatted: Highlight
Sales
Ordinance Z-5-01410
9
7/6/2010
ZO Chapter 29: Administration
r. Amend Section 29.07. read:
29.07 Parks and Recreation Impact Fees.
29.07.05Credit in Lieu of Payment: Exemptions.
rursuant to IC 36- 7- 4- 1335jb)a) (c) anxperson obligated topay a feepursuant to the terms of this PRIF Formatted: Font: 10 pt J
Ordinance
Formatted: Font: 10 pt
Formatted: Indent: Left: 1.5"
t g the
Is entitled to a credit against the feed Formatted; Font: (Default) Times New Roman
owner or developer of the respective development constructs or furnishes either: Fo Font: (Default) Times New Roman
(1) Parks and Recreation Infrastructure, with the consent and acceptance of the Parks Board; or Formatted: Indent: Left: 2"
(2) an imnrovement relative to the development that otherwise meets the requirements of IC 36-7
4- 1335(a).
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 ireprevementsimprovement;, plus
(B) the fair market value of the land, real property interests, and site improvements provided.
The amount of the credit shall be determined by agreement (the "Credit Agreement between the person
constructing or providing the infrastructure or improvement and the Parks Board. 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 29.7.4 above, the remaining balance shall be due
in accordance with the provisions stated hereafter. Credits against impact fees otherwise due shall be
allowed pursuant to this section for all infrastructure and improvements constructed or famished 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. 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- #0410
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7/6/2010
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Joseph C. Griffiths
Richard L. Sharp, President Pro Tempore Kevin Rider
John V. Accetturo W. Eric Seidensticker
Ronald E. Carter Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
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, Cannel, IN 46032
Ordinance Z 5 ##4
11
7/6/2010