HomeMy WebLinkAboutAdditional Uses CITY OF CARMEL ZONING ORDINANCE
25.22 ales, Outdoor, Temporary Use.21
As an Accessory Use to the Primary Use on the same lot or tract of land,a person conducting an established business in a
building shall be permitted to temporarily display goods or merchandise and shall conform with all of the following
requirements.
25.22 0l 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.
25.22.02 Areas designated for Outdoor Sales shall not exceed five-percent(5%)of the area of the lot.
25.22.03 Areas designated for 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. A parking space or spaces necessary to meet the minimum parking requirements of the other use(s) of
the lot or parcel.
25.22 04 Outdoor 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.
25.22.05 Goods or merchandise displayed in conjunction with an Outdoor Sale shall not exceed six(6)feet in height.
25.22.06Only three (3) Outdoor Sales, Temporary Use permits shall be issued per property per year Outdoor Sales,
Temporary Use Permits shall be issued for a term of five(5)consecutive days per permit.
25.22.07 Signs for Outdoor Sales shall be prohibited except as provided by Section 25 07 03-06 Signage for Temporary
Uses of this Ordinance.
25.22.08Findmgs. The Director of Community Services may approve an application for Outdoor Sales, Temporary Use
as specified in this section only upon making the following findings.
A. The proposed use will not adversely affect adjacent structures and uses nor the surrounding
neighborhood,
B The proposed use will not adversely affect the circulation and flow of vehicular and pedestnan traffic
m the immediate area;
C. The proposed use will not create a demand for additional parking which cannot be met safely and
efficiently in existing parking areas,
D. The proposed use will not otherwise constitute a nuisance or be detrimental to the public welfare of the
community
25.23 Special Event, Outdoor, Temporary Use.22
25.23.01 Special Outdoor Events 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.
25.23.02 Areas designated for Special Outdoor Events shall not be located within nor encroach upon.
A. Any minimum required setback yard,
B. Any drainage easement;
21 Section 25.22 adopted per Ordinance No.Z-461-04,§e.
7
Section 25.23 adopted per Ordinance No.Z-461-04,§f
Chapter 25-Additional Use Regulations
25-17
as amended per Z-307;Z-318, Z-320, Z-365-01, Z-366-01, Z-369-02;Z-416-03, Z-461-04;Z-486-06, Z-530-09;Z-547-10
Winter 2011 vl
CITY OF CARMEL ZONING ORDINANCE
C. A fire lane,
D A maneuvering aisle.
25.23 03 Special Outdoor Events may be located within parking areas,provided.
A. It does not interfere with pedestrian or vehicular access or parking.
B. It does not create a visibility obstruction to moving vehicles within a parking lot.
C. The site has adequate on and off-street parking for patrons of the Special Event as determined by the
Director
25.23 04 Duration of Special Events shall not exceed five(5)days per event. The Director may provide for a five(5)day
extension.
25.23.05 Signs for Special Outdoor Events shall be prohibited except as provided by Section 25 07 03-06 Signage for
Temporary Uses and Section 25 07 04-01 Street Banners for Civic Events of this Ordinance.
\, 25.24 Sales, Seasonal Outdoor, Temporary Use.23
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. All licenses,
certificates and permits from all governmental agencies must be prominently displayed on the Outdoor Sales
stand.
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 manengaisle,
E. Any nght-of-way,greenway or trail;
F. A parking space or spaces necessary to meet the minimum parking requirements of the other use(s) of
the lot or farce .
25.24.03 Seasonal Outdoor 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.
25.24.05 Only 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. 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 Time Limits for Seasonal Outdoor Sales table.
Periods of time are considered to include one(1)calendar year
23 Section 25.24 adopted per Ordinance No.Z-461-04,§g,amended per Ordinance No.Z-547-10,§i.
Chapter 25 Additional Use Regulations
25-18
as amended per Z-307, Z-318, Z-320, Z-365-01, Z-366-01, Z-369-02, Z-416-03, Z-461-04, Z-486-06;Z-530-09, Z-547-10
Winter 2011 vi
CITY OF CARMEL ZONING ORDINANCE
TIME LIMITS FOR SEASONAL OUTDOOR SALES
Iterp(s)Sold
. Plants,
Fruits/ \I Flowers&
Vegetables Holiday items
•
30 Days x / x
0 60 Days t x I x*
i= a 90 Days \ x
120 Days
*= 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.
25.24.07 Architectural Design, Exterior Lighting, Landscaping and Signage. To ensure the compatibility of the proposed
temporary use with adion areas, the Director shall review the Architectural Design, Exterior Lighting,
Landscaping and Si na (ADLS) ppll`cation of any proposed Seasonal 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 nor to the i• _. • s Cora Use - n 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.
25.25 [Sale of Fireworks, Temporary Use.24
25.25.01 The temporary sale of legal fireworks shall only be permitted in the zoning districts permitting General Retail
Sales, as per Appendix A. Schedule of Uses; such uses shall only be permitted as a Temporary Use, requiring a
Temporary Use Permit.
25.25 02Legal fireworks shall only be sold from permanent structures meeting the conditions of the 2003 Indiana
Building Code(sec 307.5)and 2003 Indiana Fire Code(sec 202)
25.25.03 Only one(I) Sale of Fireworks,Temporary Use Permit shall be issued per property per year. Sale of Fireworks,
Temporary Use Permits shall be issued for a term not to exceed thirty(30)consecutive days.
25.25 04 Signs for Sale of Fireworks shall be prohibited except as provided by Section 25 07 03-06 Signage for
Temporary Uses of this Ordinance.
25.25.05 Sale of Fireworks,Temporary Use Permits applications shall include:
A. Three(3)copies of permit from Indiana State Fire Marshall,
B. Three(3)copies of Proof of Insurance;
C Three(3)site plans illustrating the following:
i. Location of all structures;
ii. Public nght-of-ways and easements,
iii. Parking spaces,parking lot circulation;
iv Location of proposed temporary signage
D. Three(3)structure plans illustrating the following:
I. Location of the fireworks,
ii. Location of sprinklers and exits
24 Section 25.24 adopted per Ordinance No.Z-46I-04,§h.
Chapter 25 Additional Use Regulations
25-19
as amended per Z-307, Z-318;Z-320, Z-365-01, Z-366-01, Z-369-02;Z-416-03, Z-461-04, Z-486-06, Z-530-09, Z-547-10
Winter 2011 vl
OUTDOOR'S"ALES ;EVENTS, as of winter 2011.
_"Cheat Sheet"for regulations for Outdoor sales,displays,events,food stands,etc.
Definitions:
DISPLAY, OUTDOOR. The temporary showing of materials or products in an unroofed and/or unenclosed area for a period
less than twelve (12)hours.
STORAGE AND/OR WAREHOUSING,OUTDOOR.The keeping of any goods,junk,material, merchandise or vehicles in the
same place,in an unroofed and/or unenclosed area,for more than twenty-four(24)hours
SALES, OUTDOOR. he short-term outdoor display of products or merchandise in an unroofed and/or unenclosed area by a
--Gusiness 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„kioskd specialty sales
CS-ALES, SEASONAL OUTDOOR.The short-term sale of agricultural products that are seasonal in nature,includin
\,..
roduce,
nursery stock,Christmas trees,pumpkins,farmers'markets,and other similar products as qualified by the Director of
Community Services
USE,TEMPORARY Short-term or seasonal uses which may be associated with construction projects or which intend to sell
or promote specific merchandise or products and shall include,but not be limited to, special events,outdoor displays,
outdoor seasonal sales,temporary construction facilities,residential model homes,and temporary sales offices.
SPECIAL EVENT, OUTDOOR.Short-term cultural,community and entertainment events that take place outdoors shall be
considered special events,including but not limited to fund-raising activities by not-for-profit organizations,car washes,
walks, runs and bike events,concerts,or festivals
FOOD STAND portable structure used for the display and retail sale of food products with no space for customers within
the structure itself Food items may require further preparation,or they may include items pre-prepared and ready for
consumption
ROADSI LE STAND A temporary structure used for the sale of goods or produce made or grown on the same Lot.
Revised March 2,2011
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CITY OF CARMEL ZONING ORDINANCE
25.26 Commercial Vehicles.25
25.26 01 Commercial Vehicles or trailers shall not be parked, stored, maintained or kept on any residentially used or
zoned lot unless the vehicle has a maximum load capacity of three-quarters(3/4)of a ton or less,and
A. serves as the sole vehicular transportation of a resident of the property upon which it is parked,stored,
maintained or kept;or
B. such vehicle is within a garage or carport which complies with all the standards and regulations of this
ordinance.
25.26.02 Commercial Vehicles that are in the course of making normal and reasonable service calls are exempt from the
above Section 25 26 01
25.27 ood Stands.26
25.27.01Food 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.All licenses,certificates and permits from
all government agencies shall be prominently displayed on the Food Stand. Non-incorporated children's stands,
such as a lemonade stand,shall be exempt from Temporary Use permits.
25.27.02 Submittal of a site plan, indicating sales 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 03 Food Stands may be located within parking areas,provided it:
A. Does not interfere with pedestrian or vehicular access or parkmg.
B Does not create a visibility obstruction to movmg vehicles within a parking lot.
25.27.04 Food Stands shall be removed from the premises when not in operation.
25.27 05 The height of the Food Stand,including all accessory equipment and signage,shall not exceed ten(10)feet.
25.27.06Signage in conjunction with a Food Stand shall be attached to the Food Stand and may not exceed ten (10)
square feet in area.
25.27.07Food Stand vendors shall be prohibited from using or maintaining sound amplifying equipment, lights or
noisemakers,such as bells,horns or whistles.
25.27.08 Customer seating areas associated with Food Stands shall be prohibited.
25.27 09Temporary Use Permits for Food Stand may be issued for up to one(1)year.
25.27.10 All Food Stand requirements listed herein are in addition to health and safety codes administered by the State or
County Health Departments.
25 Section 25.26 adopted per Ordinance Z-530-09,§s.
26 Section 25.27 adopted per Ordinance Z-547-10.
Chapter 25. Additional Use Regulations
25-20
as amended per Z-307, Z-318, Z-320;Z-365-01, Z-366-01;Z-369-02;Z-416-03, Z-461-04, Z-486-06, 7-530-09, Z-547-10
Winter 2011 v