HomeMy WebLinkAboutZ-461-04 Signed
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE CARMEL/CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-461-04
An Ordinance to Amend Chapter 3:Definitions; Chapter 25:Additional Use; Chapter 25.07: Sign
Ordinance and Appendix A: Schedule of Uses of the Zoning Ordinance, and
Add Chapter 5.8: Resubdivision: Lots Containing Two-Family Dwellings to the Carmel Subdivision
Control Ordinance regarding resubdivision of lots containing two-family dwellings.
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, as amended by
the Common Council, to the Commission (Docket No. 04070029 OA) to Amend Chapter 3:Definitions,.
Chapter 25:Additional Use,. Chapter 25.07: Sign Ordinance and Appendix A: Schedule of Uses of the
Zoning Ordinance, and Add Chapter 5.8: Resubdivision: Lots Containing Two-Family Dwellings to the
Carmel Subdivision Control Ordinance regarding resubdivision of lots containing two-family dwellings.
The Carmel Advisory Plan Commission's recommendation on the petition, as amended, is
FAVORABLE.
At its regular meeting on January 18,2005, the Commission voted eight (8) in Favor, zero (0) Opposed,
zero (0) Abstaining, to forward to the Common Council, as amended by the Common Council, the
proposed Ordinance No. Z-461-04 with a Favorable Recommendation (final approval).
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CARMEL~;\Y ~;~ COtrnSSION,,,
BY: ~-E2;?-IftL/u:J~~ay /Z.l )
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Leo Dierckman, President /-(----4~i
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V/J (/rJ /LJL ...-/'.. ';, ...h'r-_~
RajDona Hancock, Secretary
Carmel Advisory Plan Commission
Dated: January 20, 2005
Received
2005-0120; Z~461-04; Temporary Use & Resubdivision of Duplexes Certification
JAN 1 9 2005
Carmel
Clerk- Treasurer
~
Sponsor(s): Councilor Rattermann
ORDINANCE NO. Z-461-04
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance regulating Temporary Uses in the Carmel Zoning Ordinance and establishing a
Resubdivision process in the Carmel Subdivision Control Ordinance.
WHEREAS, pursuant to the Advisory Planning Law of the State ofIndiana (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 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket
No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan
Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
the CityofCarrnel and Clay Township; and
WHEREAS, the Common Council finds that it is reasonable and necessary to promote
and accommodate the orderly growth and development of the City of Carmel and Clay Township
by regulating temporary and seasonal land uses and establishing a process by which properties
with Two,-Family Dwellings can be divided; 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, pursoont 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 Carinel Zoning and Subdivision Control Ordinances are incorporated by reference
into the' Cannel 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.
04070029 OA having received a favorable recommendation from the Carmel Advisory Plan
Commission on Tuesday, October 19, 2004, it hereby adopts this Ordinance to amend the
Carmel Zoning Ordinance (Ordinance No. Z-289, as amended) and the Carmel Subdivision
Control Ordinance (Ordinance No. Z-160), as amended, to read as follows:
Ordinance No. Z-46 1-04
1
Section I:
a. Amend Zoning Ordinance Section 3.07: Definitions to include the following definitions:
3.07 Definitions:
USE, TEMPORARY:
Short-term or seasona1 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 OUTDOOR EVENT: Shortwterm cultural, community and entertainment events that
take place outdoors shall be considered special events, including but not limited to fund-
raising activities by not-far-profit organizationst car washes, walks, ruDS and bike events,
concertst or festivals.
DISPLA Y, OUTDOOR. The temporary showing of materials or products in an unroofed and/or
unenclosed area for a period less than t\velve (12) hours.
FIREWORKS, LEGAL. Legal fireworks shall refer' to that tenn as defined by Indiana Code 22-
, 11-14- 8.
SALES, OUTDOOR. The short-term outdoor display of products or merchandise in an unroofed
and/or unenclosed area by a bu~iness 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, and specialty sales.
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.
b. Amend Zoning Ordinance Section 25.08: Temporary Construction Facilities to read as
follows:
25.08 Construction Facilities. Temporary.
Temporary ConstructionFaci1ities,whi~.h shall include temporary construction offices, temporary
, storage units, and temporary sales' facilities shall only be permitted in the zoning districts as per
Appendix A: Schedule of Uses.
25.08.01 Temporary Construction Facilities require a temporary use permit however shaU not be
assessed the temporary use permit fee.
25.08.02The duration of the temporary construction facility shall be fixed by the Director for a
term not to exceed eighteen (18) months. Howevert upon request and upon a site
inspection, the Director may extend such a permit for a length of time deemed
appropriate not to exceeQ eighteen (18) months per extension.
25.08.03 Temporary Construction Facilities shall be removed and permits shaIl expire within thirty
(30) days of the issuance of a Certificate of Occupancy for the related construction
proj ect.
25.08.04 Temporary Construction F~cilities utilized as a temporary sales facility shall be fixed by
the Director'for a term not to exceed four (4) months or upon the issuance ofa Certificate
of Occupancy for a model home, whichever is less.
25.08.05Temporary Construction FaciHties applications intended to' be utilized as a temporary
sales facility must be submitted concurrently with a model horneor temporary sales
center application as regulated under Section 25.16: Model Homes.
Ordinance No. Z..461-04
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25.08.06Signs for Temporal)' Construction Facilities shall be prohibited except for facilities being
utilized as a temporary sales facility which shall be subject to the model home sign
regulations as provided by Section 25.07.03-07: Model Home & Temporary Sales Office
Identification Signs of this Ordinance.
25.08.07The Director shall ensure prior to issuing a Temporary Construction Facility permit, that:
A. If the temporary facility s,erves multiple properties, that the lot of which the
facility is located is not visually prominent from a primary project entryway;
B. Adequate access and off..street parking will be provided; .
C. The placement of the temporary faciJity on the site shan not obstruct any Vision
Clearance;
D. The applicant has supplied the mobile unit certification number issued trom
State Fire Prevention & Building Safety, Division afCode Enforcement; and
E. The applicant has supplied a copy of the mobile unit structure plans.
c. Adopt Zoning Ordinance Section 25.20: Outdoor Storage to read as follows:
25.20 Outdoor Storaee.
Outdoor Storage shall be permitted only as an Accessory Use to the Primal)' Use on the same lot
or tract of land.
25.20.010utdoor Storage shall only be permitted in the zoning districts as per Appendix A:
Schedule of Uses.
25.20.02 Outdoor Storage areas shall not encroach into any minimum required setback yard or into
any drainage easement.
25.20.03 All Outdoor Storage shall provide a solid, opaque wall or fence of not less than six (6)
feet in height measured at the highest finished grade to screen the view iTom any adjacent
residentially zoned property or public right-of-way.
25.20.04A chain link fence or a variation of a chain link fence combination shall not constitute an
acceptable screening device to satisfy the requirements of subsection 25.20.03.
25.20.05 Materials stored behind any screening wall or fence shan be stacked no higher than one
(1) foot below the top of the fence or wall. Vehicles, trailers, mobile machinery or
equipment shall be permitted to exceed the height of such screening wall or fence,
provided, however, that no vehicle, trailer, mobile machinery or equipment shall be used
for, nor constitute, pennanent storage.
d. Adopt Zoning Ordinance Section 25.21: Outdoor Display to read as follows:
25.21 Outdoor Disolav.
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 display goods or merchandise and shall
conform with all of the following requirements
25.21.01 Outdoor displays shaH not exceed twelve (12) consecutive hours and shan only be
permitted in the zoning districts as per Appendix A: Schedule of Uses.
2S.21.02Areas designated for an Outdoor Display shan not exceed ten (10) percent of the total
floor area of the structure occupied by the primary use to which such outdoor display is
accessory, or 1,000 square feet, whichever is less.
2S.21.030utdoor Displays shall not be located within nor encroach upon:
Ordinance No. Z-46 1-04
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A. Any public right-of'!"way;
B. Any minimum required setback yard, unless otherwise approved by the
Commission;
c. Any drainage easement;
D. A fire lane;
E. A maneuvering aisle;
F. A parking area.
25.21.05 Where located adjacent to a building and a parking lot, an unoccupied area of not less
than five (5) feet in width shall be provided for pedestrian access between any Outdoor
Disp1ayand vehicle overhang areas of any adjacent parking lot.
25.21.06 Signs associated with Outdoor Displays shaH be prohibited.
25.21.07 Architectural Design. . Exterior Lighting" Landscapine and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
ADLS application of any proposed Outdoor Display. The application shall include the
types of merchandise and/or finished products, location, landscaping and other
improvement of the display area. Once approved by the Commission, the ADLS shall not
be material1y or substantially changed or altered without the prior approval of the
Commission. Plan Commission approval is required prior to the issuance of an
Improvement Location Permit.
e. Adopt Zoning Ordinance Section 25.22: Sales, Outdoor, Temporary Use to read as
follows:
25.22 Sales. Outdoor~ TemnorarvUse.
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 pennitted to temporarily disp1ay goods or merchandise
and shall conform with alJ of the following requirements:
25.22.01 Outdoor Sa1es shall only be permitted in the zoning districts as per Appendix A: Schedule
of Uses, such uses shaH be al10wed only as a Temporary Use, requiring a Temporary Use
Permit.
25.22.02Areas 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 fife 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..040utdoor 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.
Ordinance No. Z-461-04
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25.22.060nly three (3) Outdoor Sales, Temporary Use permits shall be issued per property per
year. Outdoor Sales, Temporary Use Permits shall be issued for a tenn of five (5)
consecutive days per pennit.
25.22.07Signs for Outdoor Sales shall be prohibited except as provided by Section 25.07.03-06:
Signagefor Temporary Uses of this Ordinance.
25.22.08 Findings. 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 pedestrian traffic in 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.
f. Adopt Zoning Ordinance Section 25.23: Special Event, Outdoor, Temporary Use to read
as follows:
25.23' SDecial Event. Outdoor.. TemDorarvUse.
25.23.01 Special Outdoor Events shan on1y be permitted in tbe zoning districts as per Appendix A:
Schedule of Uses, such uses shall be allowed only as a Temporary Use, requiring a
Temporary Use Permit.
25.23.02Areas designated for Special Outdoor Events 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.
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 Specia1 Event
as determined by the Director.
25.23.04Duration of Special Events shaH 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.~Sjgnagefor Temporary Uses and Section 25.07.04-01: Street Banners for
Civic Events of this Ordinance.
g. Adopt Zoning Ordinance Section 25.24: Sales, Seasonal Outdoor. Temporary Use to read
as follows:
25.24 Sales.. Seasonal Outdoor. Temoorarv Use.
Ordinance No. Z-461-04
5
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 shaH be' exempt trom all fees
associated with this type of Temporary Use permit.
25.24.02Areas designated for Seasonal Outdoor Sales shall not be located within nor encroach
upon:
C.
D.
E.
Any minimum required setback yard;
Any drainage easement;
A fire lane;
A maneuvering aisle,
A.
B.
A parking space or spaces necessary to meet the minimum parking requirements
of the other usee 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.
25.24.050nly one (1) Seasonal Outdoor Sales, Temporary Use permit shall be issued per property
per year. Seasonal Outdoor Sales, Temporary Use Pennits shan be issued for a tenn of
thirty (30) consecutive days per permit unless otherwise approved by the Plan
Commission.
25.24.06Signs for Seasonal Outdoor Sales shall be prohibited except as provided by Section
25.07.03-06: Signagefor Temporary Uses of this Ordinance.
25.24.07 Architectural Design, Exterior Lighting., Landscaping and Silrnag:e. To insure the
compatibiHty of the proposed temporary use with adjoining areas, the Commission shall
review the Architectural Design) . Exterior Lighting, Landscaping and Signage (ADLS)
application of any proposed Seasonal Outdoor Sale. Once approved by the Commission,
the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shaH not
be materially or substantially changed or altered without the prior approval of the
Commission. 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 Pennits provided that the proposed Temporary Use is consistent with
such ADLS Approval, including time limits.
h. Adopt Zoning Ordinance Section 25.25: Sale of Fireworks, Temporary Use to read as
follows:
25.25 Sale of Fireworks. TemDorarv Use.
25.25.01 The temporary sale of legal fireworks shan only be permitted in the zoning districts
pennitting 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 shaH only be sold fTom permanent structures meeting the conditions of
the 2003 Indiana Building Code (see 307.5) and 2003 Indiana Fire Code (see 202).
25.25.030n1y one (1) Sale of Fireworks, Temporary Use Permit shan 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.
Ordinance No. Z-461-04
6
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25.25.04Signs 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 Pennits 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 fol1owing:
i. Location of all structures;
ii. Public right-of-ways and easements;
iii. Parking spacest parking lot circu1ation;
iv. Location of proposed temporary signage.
D. Three (3) structure plans illustrating the following:
1. Location of ~he fireworks;
ii. Location of sprinklers and exits;
1. Amend Zoning Ordinance Section 25.07.03-06: Signage for Temporary Uses to read as
follows:
25.07.03..;.06 Si2na!!e for TemDorarvUses.
This section shaH apply to those temporary uses established by Section 25.23 and Section 25.24 of
this 'Ordinance.
a)" SIGN CLASSIFICATION: Wall sign or ground sign.
b) NUMBER & TYPE: One (1) identification sign.
c) MAXIMUM SIGN AREA: Thirty-two (32) square feet
d) MAXIMUM HEIGHT OF GROUND SIGN: Six (6) feet.
e) LOCA TION: Must not interfere with Vision Clearance.
f) DESIGN: No restrictions.
g) COPY: As per definition of identification sign.
h) ILLUMINATION: Not permitted.
i) LANDSCAPING: Not required.
j) REQUIRED APPROVAL: None.
k) SIGN PERMIT: Required.
1) FEES: Required. except for local non-profit organizations applying under Section 25.24
of this Ordinance.
m) T1ME: Limited to duration of temporary use pennit.
J. Amend Zoning Ordinance Appendix A: Schedule of Uses to read as follows:
(See attached Exhibit A)
k. Adopt Subdivision Control Ordinance Section 5.08: Resubdivision; Lots Containing Two-
Family lAvellings to read as follows:
Ordinance No. Z-46 t -04
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5.08 Resubdivision: Lots Containin!! Tw&-FamUv Dwellint:s.
5.08.01 Resubdivi s ion. Resubdivision refers to the division of one (1) lot that contains one (1)
two-family dwelling into two (2) lots each of which contains one (1) dwelling unit, for
the purpose, whether immediate or future, of transfer of ownership of either or both of the
resulting lots. Resubdivision does not include transfers between adjoining lot owners
which do not create additional lots or buildable sites.
5.08.02 Procedure for Resubdivision. Whenever an owner desires to resubdivide a lot in an
already approved secondary plat, the owner shan first obtain approval for the
resubdivision by the same procedures prescribed for the subdivision ofJand.
5.08.03 Request for Waiver: Notice and Hearing. After receiving an application for resubdivision
that includes an express request fot waiver of the requirement of subsection 5.08.02
above, the Department shall place the application on the agenda of the Plat Committee
and require notice to be given to the general public and to interested parties as outlined in
the Commission's rules of procedure. The application shall be filed and heard by the Plat
Comn1ittee as a petition for a subdivision regulations waiver.
5.08.04 Approval of Waiver. Whenever, after notice and hearing, the Plat Committee makes a
finding on the record that the purposes of these regulations may be served by permitting
resubdivision without requiring an amendment of the original plat, the Plat Committee .
may waive the requirement of subsection 5.08.02 above and approve the resubdivision
without further notice or hearing by the Commission.
Section n: 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.
Ordinance No. Z-461-04 PASSED by the Common Council of the City of Carmel,
Indiana this C)D -f"#" day of j)~('.~.rrJ.I-f..It , 2004, by a vote of 1 ayes and L)
nays.
Ordinance No. Z....461-04
8
COMMON COUNCIL FOR THE CITY OF CARMEL
ATTEST:
Diana L. Cordray, IAMC, Cle ... reasurer
Ordinance No. Z-46 - 4 Presented by me to the Mayor of the City of Carmel, Indiana
'\ .s'~ '", ~ C' \
this~ day of,1..Jt:t'( y'!"bt,12004, at 1.10 lL.M.
Ordinance No. Z-461-04 Approved by me, Mayor of the City of Carmel, Indiana, this
.(...~ ~. ....,'.
Q. \ .~ day of \.~. c::...: .., 't-,"-'{ \ , 2004, at Cc \(1 ltM.
~~~ . I~
Jr/ftes Brainard, Mayor
ATTEST:
Diana L. Cordray, lAMC, Cle
Prepared by: John R. Molitor
Carmel Plan Commission Attorney
One Civic Square
Cannel, IN 46032
Ordinance 'No. Z-461-04
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