Common Council Agenda Item Cover Sheet MEETING DATE: July 9, 2019 ☐ Previously Discussed Ordinance ☐ Proposed Development Presentation ☒ New Ordinance for Discussion ☐ Miscellaneous ☐ Transfer ITEM or ORDINANCE #: 32-07-19 PRESENTED BY: Joyceann Yelton ☒ Information Attached ☐ Bring Paperwork from Previous Meeting ☐ Verbal ☐ No Paperwork at Time of Packets ORDINANCE NO. 32-07-19 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE NO. 62-12-95 AND ALL AMENDMENTS THERETO IN REGARDS TO ARTICLE 2 – DEFINITIONS, ARTICLE 4 – ZONING APPLICATIONS AND APPROVALS, ARTICLE 5 SUBDIVISION CONTROL ORDINANCE, ARTICLE 6 – SITE DESIGN AND IMPROVEMENT STANDARDS, ARTICLE 8 ZONING DISTRICTS, ARTICLE 11 SIGNS, AND ARTICLE 15 – ENFORCEMENT, ALL A PART OF THE COMPREHENSIVE MASTER PLAN FOR THE CITY OF NOBLESVILLE, HAMILTON COUNTY, INDIANA An Ordinance to amend the Unified Development Ordinance for the City of Noblesville, Hamilton County, Indiana, enacted by the City of Noblesville under the authority of Chapter 174 of the Acts of the Indiana General Assembly 1947, as amended, and WHEREAS, the Plan Commission of the City of Noblesville has conducted a public hearing on Application No. LEGP 0073-2019 as required by law concerning the text amendments to the Unified Development Ordinance and has sent a favorable recommendation for adoption to the Council with a vote of 9 ayes and 0 nays at their June 17, 2019 meeting, and NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Noblesville, Hamilton County, Indiana, meeting in regular session, that the Unified Development Ordinance is hereby amended as follows: SECTION 1 That Article 2 – Definitions and Rules of Word Usage, Section 2. Definitions of Words and Terms Used are hereby amended to include modifications to existing definitions or the inclusion of new definitions as per the following: Ordinance No. 32-07-19 1 Certificate of Compliance – A certificate issued by the Director of Planning and Development or his designee stating that the plans submitted for an Improvement Location Permit including grading and pad elevations, {Sign Permits, Landscape Plans, and Miscellaneous Permits that comply with the approved plans, provisions of the Unified Development Ordinance, and commitments as required by the Plan Commission, Board of Zoning Appeals, Common Council, Board of Public Works, or the Director of Planning and Development. A Certificate of Compliance is not a substitute for a Certificate of Occupancy for occupying a building/structure. Certificate of Occupancy (Temporary) – A certificate with a specific expiration date issued by the Director of Planning and Development or his designee, that at the time of issuance, the occupancy and use of the building or structure does not fully comply with the provisions of all applicable codes including but not limited to the Unified Development Ordinance, Building Codes, Electrical Codes, Fire Codes, Mechanical Codes, and all other State and Federal Codes and Ordinances, but may be occupied for the specified period subject to the conditions stipulated on the certificate. Flag – a rectangular piece of fabric of distinctive design that is or represents an official symbol of a nation, state, municipality, or the legal entity that occupies the property. Mural, Art – Original works (i) created by an individual or team that are designed with the intent of producing a creative or aesthetic outcome, (ii) are not used for advertising a business, product, service, or commercial activity, and (iii) is painted, drawn, or similarly applied on the exterior of a structure for artistic expression. The only lettered or numeric messaging includes the artist’s name and date of installation. Sign - Any name, identification, description, display, or illustration which is affixed to, or painted, or represented directly or indirectly upon a building or other outdoor structure or parcel of land, and which directs attention to an object, product, place, activity, business, person, service, or interest. THE FOLLOWING DEFINITIONS ARE SUBSETS OF THE DEFINITION OF SIGN: Banner – A sign with a message comprised of a logo, text, coloring, and/or design applied to a lightweight material such as cloth, paper, fabric, or plastics and secured or mounted to allow movement caused by the atmosphere or by artificial means of producing the movement of air. These do not include wing banners, feather banners, flying banners, towers, cylindrical banners, wind-up banners, and teardrop banners. Banner, Feather – A sign with a rigid rib that forms a straight line, curve, or angle at the top on a single or two sides and loose fabric on the other edges. Also known as wing banners, feather flags, flying banners, towers, cylindrical banners, wind-up banners, and teardrop banners. Construction – A sign located on a property or within a development or subdivision that is actively under construction. That includes property with active building permits or improvement location permits. Gateway – A permanent sign indicating entry into a neighborhood or special district located either on private property or within the right-of-way. Ordinance No. 32-07-19 2 Incidental – A permanent sign, which has a purpose, that is secondary and incidental to the use of the lot on which it is located such as “hours of operation,” “loading zone only,” “air,” and “visitor parking” and other similar messages which carries no commercial message that is legible beyond the lot on which the sign is located. Neighborhood – A sign identifying a subsection of the overall subdivision or development that is internal to said subdivision/development. Parking Lot Identification – A sign providing information for the convenience of the public to identify the location of a parking space or parking lot that only contains the venue name or symbol and the necessary information to identify the parking lot and row. Placard – A sign that is attached directly to the face of a residential structure that has been converted into a business in the area shown in Appendix G of the Unified Development Ordinance also known as the Central Core Map. Pole -A freestanding street graphic that is permanently supported in a fixed location by a structure of poles, posts, uprights, or braces from the ground and not supported by a building or base structure. Real Estate Availability – a sign displayed on property that is listed for sale, lease, or rent on a centralized listing service, website, newspaper advertisement, or other similar media. Suspended Porch – A sign that is suspended from a porch or overhang. This type of sign shall be permitted on residential structures that have been converted to a business in the area shown in Appendix G of the Unified Development Ordinance also known as the Central Core Map. Temporary – A sign or advertising display that is to be displayed for a temporary designated period of time. The following signs are included but are not limited to Contractor sign, Garage Sale sign, Community Garage Sale sign, Special Event sign, Real Estate Availability sign, Lighter-than- air display, Lot Identification sign, Model Home/Show Home sign, Open House Directional sign, Sandwich Boards, Banners, Community Pride Sign, and other signs as determined by the Director of Planning and Development or his/her designee. Yard – A sign mounted on a stake or metal frame that is used for limited time without regard to the message. Examples include but are not limited to campaign, sales, service, business identification and promotions. Special Event – A noteworthy occasion or activity that is not a part of a regular service or occasion that is conducted by a business, religious, civic, educational, community, governmental or similar organizations. Signature Monument – An identifying mark, architectural feature, or water feature located at the entrance to a residential development on a roadway identified on the Noblesville Thoroughfare Plan. These include, but are not limited to, a fountain, clock tower, pergola, gazebo, outdoor plaza, ponds, spire, arbor, or waterfalls. Stockpile, Soils Pile, Storage Pile (Construction Only) – The accumulation of excavated soil which is a reserve supply to provide proper building/site elevations for construction. Stockpile (Temporary) – Any stockpile associated with the same phase of construction for which a permit has been issued and will be removed at the end of the permitted phase for which it was created. Ordinance No. 32-07-19 3 Stockpile (Permanent) – Any stockpile remaining after a particular phase of construction has achieved its own dirt balance and is surplus that remains on site for future phases. Waiver – A specific modification or lessening of the regulations of the Unified Development Ordinance granted by the Plan Commission and Common Council for a specific development such as a Planned Development in response to unique site characteristics or development patterns that justify relief from the otherwise applicable regulations or by the Plan Commission for relief from the Subdivision Control standards. That the following definitions be deleted from throughout the Unified Development Ordinance as follows: Open House Directional– A sandwich board sign indicating the words “open house” with an arrow including the day and time, placed at the entrance to a subdivision and used for the purposes of identifying a building that is open for a tour within that same particular subdivision. Opinion Sign (Non-Commercial) –A sign which does not advertise products, goods, businesses, or services and which expresses