Loading...
HomeMy WebLinkAboutZ-374-02 Old Town OverlaySponsor: Councilor Wayne Wilson ORDINANCE NO. Z-374-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance adopting Chapter 23D: Old Town District Overlay Zone of the Carmel~Clay Zoning Ordinance 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 establishing the Old Town District Overlay Zone in order to preserve and promote the quality of life for new and existing residents; and WHEREAS, the Carmel/Clay Plan Commission has duly approved and recommended to the Common Council the following amendments to the Zoning Ordinance for the City and Township that will update the Ordinance procedures therein, pursuant to the Advisory Planning Law of the State of Indiana as well as the 2020 Vision Comprehensive Plan, such plan having been duly approved by resolution of the Common Council on September 24, 1996, and remaining in effect as the official Comprehensive Plan of the City of Carmel and Clay Township; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: that pursuant to IC 36-7-4-600 et seq. and IC 36-7-4-700 et seq., it adopts this Ordinance as an amendment to the Cannel/Clay Zoning Ordinance, No. Z-160, as amended (the "Ordinance"), and amends and adds certain provisions to the ordinance as follows: Section I: CARMEL/CLAY ZONING ORDINANCE CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE 23D.0 Old Town District Overlay Zone. 23D.0.1 Purpose and Intent. It is the purpose of the Old Town District (referred to in this Chapter 23D as the "Dislrict") to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the prope~ies in the designated Old Town District in Clay Township, Hamilton County, Indiana. The Commission and Council, in establishing this overlay zone, are relying on IC 36-7-4-600 et seq. and IC 36-7-4-1400 et seq. The Overlay Zone establishes regulations in addition to the zoning. In the case of conflicts between this Overlay Zone District Ordinance and the Zoning Code, the provisions of this Ordinance will prevail. Ordinance No. Z-374-02 p. 1 Old Town is an important historical commercial and residential area to the City of Carmel and Clay Township. In order to protect this important area, this Overlay Zone has been developed to provide for consistent and coordinated treatment of the properties in Old Town by establishing basic standards for structures, landscaping and other improvements. Further, this Overlay Zone seeks to: Foster rehabilitation and development in Old Town Increase property values in Old Town Protect real estate investment in Old Town Retain Old Town neighborhood vitality Spur commercial activity in Old Town Attract new businesses to Old Town. Within the Old Town District there are different parts and characteristics, therefore, the district is divided into three Sub-Areas: a Character Sub-Area, a Historic Range Line Road Sub-Area, and Main Street Sub-Area. Each Sub-Area will have separate guidelines that apply to it. 23D.1 Old Town District Boundaries. Beginning at the intersection of the centerline of West Smokey Row Road (East 136~h Street) and the Monon Greenway; thence east to the alley between Ist Avenue Northwest and North Range Line Road; thence south to the south property line of the property located at the southwest comer of West Smokey Row Road and North Range Line Road; thence east across North Range Line Road to the east property line of the property located at the southeast corner of East Smokey Row Road and North Range Line Road; thence north to East Smokey Row Road; thence east to the rear lot line &properties on the east side of 1st Avenue Northeast; thence south to 7th Street Northeast; thence east to the rear property line of properties on the east side of 2na Avenue Northeast; thence south to 3rd Street Northeast; thence east to 3~ Avenue Northeast; thence south to 1st Street Northeast; thence south across the west property line of the property located at the northwest comer of East Main Street and 4th Avenue Northeast; thence south crossing over Main Street to the rear lot line of properties on the north side of Carmel View Drive; thence west to the rear lot line of properties on 1st Avenue Southeast; thence south to the south property line of the property located at the southeast comer of 4t~ Street Southeast and 1st Avenue Southeast; thence west to the alley between 1st Avenue Southeast and South Range Line Road; thence north to 1st Street Southeast; thence west to 2ad Avenue Southwest; thence south to 2~a Street Southwest; thence west to 4~ Avenue Southwest; thence north to the northwest comer of the property located on the northwest corner of West Main Street and 1st Street Northwest; thence east to the Monon Cn'eenway; thence north on and along the Monon Greenway to the southern boundary of Bethenridge Subdivision; thence east to 1~t Avenue Northeast; thence north to the northern boundary of Bethensidge Subdivision; thence west to the Morion Greenway; thence north on and along the Morion Greenway to the beginning. Ordinance No. Z-374-02 p. 2 Boundaries are further described by the map in Figure 1. Within the District, land is further subdivided into Sub-Areas, which describe different land use and design guidelines. The boundaries of the Sub-Areas are hereby established as shown on Figure 1. 23D.2 Application of Guidelines of the Overlay District. A. Buildings covered by the Guidelines. Any alteration, addition or new construction within the Old Town District that requires a building permit must be reviewed for conformance with these guidelines. Wherever there exists a C-2/Old Town District within the Old Town Overlay District, the development standards and procedures of the C-2/Old Town District shall govern. B. Contributing Buildings and Non-contributing Buildings. 1. Definition. Contributing Buildings are those that have certain characteristics that are in keeping with historical construction in the Old Town District. Non-contributing Buildings, usually built later, do not have many of these characteristics. The aim of the guidelines is to preserve or create contributing characteristics where it is possible to do so. Application of guidelines. Some of the guidelines are directed only at Contributing Buildings and are not applicable to Non-contributing Buildings. Figure 3 designates the Contributing and Non-contributing Buildings. Such designation may be reviewed and revised at uny time by the Director, using the criteria established in 23D. 3(C}. New construction. New buildings must be built with the characteristics of Contributing Buildings, except for Accessory Buildings added to a property where the Principle BuilcYmg is Non-contributing. Reconstruction. Redevelopment or reconstruction of a property where the existing building has been demolished will be considered new construction, regardless of the classification of buildings previously existing on that site, except as provided in Section 23D.2(B)(5). Where a building has been demolished due to fire or other accident or disaster that is customarily covered by insurance, the owner may reconstruct the property in accordance with these guidelines, or in substantially the same design as existed prior to the accident. C. Characteristics of contributim, buildim,s. Buildings shall be considered Contributing, regardless of age, if they were originally built with all of the following characteristics, or if they have been altered to conform with these characteristics: The following are characteristic of Contributing Buildings in the Character Sub-Area and the Historic Range Line Road Sub-Area: a. Small lots and small size houses, compared to Carmel's later subdivisions. b. Narrow house fronts compared to length. c. Hip or gabled roofs. Ordinance No. Z-374-02 p. 3 23D.3 Guidelines. f. g. h. Wood clapboard materials and wood or brick details. Narrow, rectangular wood windows. Detached garages in the rear of the property. Consistent Setbacks from the street and narrow Side Yards. Front porches (optional). The following are characteristic elements of buildings in the Main Street Sub-Area: f. g. h. Retail uses on the ground floor. Transparent storefront glass for most of the length of the frontage. Little or no Setback from the sidewalk or right-of-way line. Orientation and front door opens toward Main Street. Parking in the rear or sides of building, not in the front. Pedestrian scale details and variety in the signs, awnings, and storefronts. Buildings at least two (2) stories tall. Walls faced in brick or wood, not concrete block or metal. Historic Range Line Road Sub-Area. The Historic Range Line Road Sub-Area encompasses the houses and businesses north of Main Street along Range Line Road. These buildings are generally larger than the others in the Old Town area and are more architecturally distinctive. In addition, their high visibility contributes greatly to the sense of Old Town as an historic area. 1. Renovations and Additions to All Existino Buildines. The following guidelines shall be applicable to all exterior renovations and additions to existing buildings in the Historic Range Line Road Sub-Area, regardless of whether the buikYmg is Contributing or Non-contributing. a. Lot Dimensions and Coverage. i. Existing lot dimensions as originally platted shall be acceptable. ii. Minimum Lot Width. (a) Single-family residence: Fifty (50) feet. (b) All other Uses: Sixty (60) feet. iii. Maximum Lot Coveraee. Ordinance No. Z-374-02 p. 4 (a) Single-family Uses: Forty-five percent (45%) of the area of the lot (b) All other Uses: Seventy percent (70%) of the area of the lot. iv. No lot may be created by Subdivision or by joining which is greater than ninety (90) feet in width. .Setbacks. Additions, except for open-air porches, may not be added to the from of the building except where the building is set back more than twenty (20) feet fi'om the setback line of its nearest two neighbors (See Figure 2b). ii. A Comer Lot for a residential use is presumed to have a front yard setback on both streets that it faces. For a non-residential use, the front yard shall be Range Line Road (if the property is located on Range Line Road) or the street with the greatest traffic. iii. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the propet~ line. Materials. Adrhtions and alterations to the exterior will use materials consistent with those found on the building when it was originally built. Roof. Alterations that reduce the roof pitch of an existing building more than five degrees (5°) are not allowed. Additions may have a shed, gable, or hip moil Porch additions may have a ftat roof. Garages. i. All new garages must be either: (a) Detached buildings that are sited at least five (5) feet behind the Front Line of the Principle Building, or Attached_to the Principle Building so that the front face of the garage is at least fifteen (15) feet further from the Front Lot Line than the Front Line of the Principle Building. New attached garages on Comer Lots should be oriented to the side street, rather than to Range Line Road. ii. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principle Building. iii. Covered walkways attaching the garage to the Principle Building are allowed. Landscape and Lighting. A paved walkway from the porch or front door to the front sidewalk is required. ii. The remaining Front Yard of all buildings will be maintained with a Ordinance No. Z-374-02 p. 5 groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. iii, Exterior lighting is restricted to lamps mounted on the building, seven- foot (7') maximum-height pole-mounted decorative lights, and low- wattage landscape lighting. iv, Fences greater than thirty-six inches (36") tall are not allowed in the Front Yard of the property. Chain link material is prohibited forward of the From Line of the Principle Building. vi. Dumpsters and trash receptacles must be screened from view. Signs. Signage, where allowed, shall abide by the City of Carmel and Clay Township Zoning Ordinance specified in Section 25.7.02-13. Parking and Driveways. Parking is not allowed in the Front Yard of any property, except on a driveway leading to the garage. ii. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty-four (24) feet wide. iii. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to ripe] percent (50%) in order to accommodate difficult site conditions such as limited access, small lots, and/or existing mature trees. iv. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. Additional Guidelines for Alterations & Additions to Contributine Buildines in the Historic Range Line Road Sub-Area. Alterations and additions to existing, Contributing Buildings in the Historic Range Line Road Sub-Area shall be guided by the following: Demolition. No Contributing Building, or any part of it, may be demolished in this dislrict without the consent of the Director. The Director shall only consider the following when determining whether a building or any part of it may be demolished: i. Stmctural conditions pose an imminem safety hazard. ii. An advanced state of dilapidation or fire damage would make it unfeasible to repair the building for any reasonable economic use. iii. The particular financial situation of the current owner or the current owner's desired use for thc property shall not be considered as factors in determining consent for demolition. b. Building Use. Notwithstanding uses otherwise allowed by zoning, uses that Ordrnance No. Z-374-02 p. 6 3o require Substantial Alteration or additions to the exterior of a Contributing Building in order to accommodate the functional requirements will not be allowed. c. Materials. Details such as porch railings, trim boards, fascia boards, and cornices may not be removed from the building. ii. Original materials of the building will be repaired rather than replaced, when possible. iii. When original materials, windows, doors, siding, railings, and other details cannot be repaired, they may only be replaced with architecturally correct materials that simulate the look, details and dimensions of the original. Substitute materials (vinyl, aluminum, concrete plank, e.g.) must meet these standards in order to be acceptable. d. Alterations. Alterations to the interior of the historic building are allowed if the exterior of the building is not changed. ii. No alterations are allowed that permanently change the massing, character, window placement or details of the exterior of the original building. iii. Previous additions or alterations to the building that detract from or conceal the character of the builffmg may be removed and the building restored to a previous condition. In this process, no attempt should be made to add "historic" features (e.g., bay windows or gingerbread trim) not actually a part of the original building. e. Additions. i. Additions are allowed only in the rear of the building. ii. Additions may not be taller or wider than the existing building. iii. Additions must be designed to complement, but not mimic, the historic architecture. iv. Additions must be built in such a way that they can be removed in the future without damage to the original building. New Construction. The following guidelines apply to all new buildings built within the boundaries of the Historic Range Line Road Sub-Area. a. Building Mass. i. Buildings are to be oriented parallel and perpendicular to the street. ii. Buildings will generally be longer than they are wide, with the narrow Ordinance No. Z-374-02 p. 7 dimension facing the street. Building widths may not exceed forty-five (45) feet, except where the lot is greater than eighty (80) feet in width, in which case the building may be up to fifty-five (55) feet wide. Setbacks. New buildings must follow the dominant or average Front Yard Setback dimension of existing buildings on the same block and on the same side of the street, with a variation of up to three (3) feet allowed (See Figure 2a). Materials. All sides of the Principle and Accessory Buildings must be clad in wood, brick, stone, or high-quality vinyl siding. The same material must be used on all sides of the building. ii. New detached garages and other Accessory Buildings should use exterior materials similar to the Principle Building. iii. Windows and trim must be framed in wood or vinyl-clad wood. iv. Visible aluminum storm windows or doors are not allowed. v. Chimneys are to be brick. vi. Exterior guardrails, handrails and other stair details may be wood or wrought iron. vii. Roofs are to be asphalt, wood or slate shingles. viii. Foundations must be split-face block, stone veneer or poured-in-place concrete. Windows, Doors. Vertical, rectangular double-hung or casement windows are required. These may be used in multiple sets to create larger expanses of window area. ii. Plate-glass picture windows, strip windows and arched windows are not allowed on the front facade. iii. Special windows are allowed (ovals, hexagon, etc.) as accents. Roof. The roof of the Principle Building and Accessory Buildings shall be gabled, multi-gabled, or hipped, with a minimum pitch of 8:12. ii. A roof over a porch or bay window may be flat or pitched. Porches. Covered porches facing the street on the first or upper floor of the structure are strongly encouraged but not required. Ordinance No. Z-374-02 p. 8 ii. Uncovered decks are not allowed in the front yard. Building Height. i. Minimum: Thirteen (13) feet to the midpoint of the cornice and the ridgeline. ii. Maximum: Thirty (30) feet to the midpoint of the cornice and the ridgeline, except as provided in 7(c). iii. Buildings may not exceed the height of the tallest dimension of the nearest two contributing buildings by more than seven (7) feet. Main Street District Sub-Area. Main Street west of Range Line Road is a relatively intact example of street from retail. The emphasis is on encouraging new construction and renovations that conform to the desired character and prohibiting changes that do not conform to the existing character. This Sub-Area will be focal point of pedestrian commercial activity in the Old Town District. All new construction, and alterations and additions to new buildings, will follow these guidelines: Use. The underlying zoning in this district will prevail regarding permitted land uses, with the following exceptions: Only those uses allowed in B-l/Business districts will be allowed on the ground floor in areas that are designated as I-l/Industrial districts; No drive-through or drive-up facilities are allowed for any use, including automotive, banking, or food sales. Multi-family residential uses will be specifically allowed and encouraged on the upper floors of all buildings. 2. Building mass. New buildings and renovations shall follow the general massing of a "Main Street" commercial block, i.e., a rectangular building with a flat or slightly sloped roof, oriented perpendicular to the street. b. Building height is limited to three (3) floors. The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. 3. Materials. The first floor and upper floors may be composed of different materials. The fagade of the upper floors on any building that faces a public street may be constructed of wood siding, brick, stucco, or other masomy units, and trimmed in stone, contrasting brick, wood, or pre-cast concrete. b. The first floor of a new or renovated building must be composed of storefronts, Ordinance No. Z-374-02 p. 9 which may be inserted into a masonry, wood, stone or concrete panel frame which is coordinated with the upper floor. Storefronts will be a lightweight material such as aluminum, glass, wood, tile, and panelized composites. The materials in the rear of the building must be coordinated with the front facade, although they may be different. On the front facade, at least sixty percent (60%) of the total area of the first floor (up to the line of the second floor) must be transparent vision glass. Front and side fagades of buildings located on comer lots shall be of the same materials and similarly detailed. Exterior walks, steps, ramps and paving must be masomy or stone pavers, or poured or pre-cast concrete. Windows, Doors. A separate entrance facing a public street shall be provided to the upper floors of a building if the use differs from the one on the ground floor. b. Each floor shall have windows. Roof. Roofs must have a pitch of less than 3:12 and will not be a substantially visible part of the building. Alterations and Additions. Existing buildings may be substantially modified to conform to these guidelines, except for designated historic structures. Details. b. Cornices and other details of existing buildings may not be removed. The fagade should have a flat front, with relief provided by minor bays, windows and window trim, storefronts, recessed doors, and features such as special brick coursing, pilasters and lintels. c. All new buildings will have an articulated cornice at the top of the faqade wall. .Setbacks. a. Front Setback. The buildings must sit on the front property line except for minor recesses for entrances and outdoor seating/dining. b. Side setback. There are no minimum side setbacks; however, mid-block pedestrian access to rear parking must be a minimum of six (6) feet wide. Entrances. a. The principle entrance to all retail areas must face the public street. b. Additional entrances may face the side of the building. c. No rear entrances are allowed except for residential or office uses, emergency exits, employees, loading and trash removal. Ordinance No. Z-374-02 p. 10 10. 11. 12. Storefronts. Storefronts shall be internally illuminated with spots or other incandescent lighting, so as to display prominently and attxactively the business or its products. Exterior lighting may be affixed to the building. Permanents Signs, Awdmgs and Murals. Maximum sign area: First floor occupants are allowed a total of one and a half (PA) square feet of sign for each linear foot of street frontage, except that no single sign may exceed thirty-two (32) square feet in area. b. Freestanding permanent signs are not allowed. Building signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. Signs may be perpendicular or flat-mounted, including separately mounted letters. Perpendicular signs may not extend more than five feet from the face of the building. e. No sign may extend above the cornice line of the building. Allowable signs may also be painted in graphics in storefront or upper floor windows. Signs may also be imprinted on awnings. Signs may also be painted on the sides of buildings (see Subsection 11(/) below). All such signs will be included in the calculations for maximum sign area. Retractable or fixed fabric awnings are allowed, but these must fit within the storefront glass area and may not obscure details of the building. Awnings may only be supported with building-mounted hardware. Individual tenants should strive for a unique graphic image, rather than be required to conform to a single graphic style for the whole building. Portable signs or displays of merchandise within the street right-of-way, sidewalk or the front setback of the building will not be allowed. Graphics painted on the sides of buildings that are essentially commercial in character or describe activities in the adjacent building will be considered "signs". Graphics painted on the sides of buildings are otherwise allowed but must be reviewed for conformance with this regulation. Parkine and Loading Reauirements. a. Parking lots shall be located in the rear of the building only. Parking shall be provided at the ratio of one space for every one thousand two hundred (1200) square feet of gross area in the building. Where the total lot area is less than three thousand (3000) square feet, the owner shall be exempt from parking requirements. On-street parking may not be used to fulfill parking requirements; however, a reasonable share of a public lot may be assumed to fulfill these requirements. Parking may be provided on-site or in a convenient remote lot not more than four hundred (400) feet from the property. Ordinance No. Z-374-02 p. ll Parking requirements may be reduced if businesses with substantially different peak hour requirements agree to share parking. A petition must be filed with the application indicating the terms of agreement of parties to a shared parking arrangement. No new curb cuts are allowed on Main Street, and no parking lots or loading areas may front on Main Street. Screened loading and trash areas shall be provided for all businesses at the rear of the builcYmg. Character Sub-Area. Character Sub-Areas consist of the bulk of the residential areas in the Old Town district both east and west of Range Line Road, and both residential and commercial properties facing Range Line Road in the north end of the District. There are many different styles of architecture in this area; however, the consistency and character of the neighborhood is worth protecting. The intent of these guidelines is to preserve the character of the neighborhood by preserving certain building and siting characteristics, without requiring that specific buildings or building elements be preserved. 1. Renovations and Additions to Existing Buildings. The following guidelines shall be applicable to all exterior renovations and additions to existing buildings in the Character Sub-Area, regardless of whether the building is Contributing or Non-contributing. a. Lot Dimensions and Coverages. i. Existing lot dimensions as originally platted shall be acceptable. ii. Minimum lot width. (a) Single-family Residential: Fifty (50) feet. (b) All Other Uses: Sixty (60) feet. iii. Maximum Lot Coverage. (a) Single-family Residential: Forty-five (45%) of the area of the Lot. (b) All Other Uses: Seventy percent (70%) of the area of the Lot. iv, No lot may be created by subdivision or by joining which is greater than ninety (90) feet in width. b. Setbacks. AdcYltions, except for open-air porches, may not be added to the from of the building except where the building is set back more than twenty (20) feet from the Setback line of its nearest two neighbors (See Figure 2b). ii. A Comer Lot for a residential use is presumed to have a Front Yard Setback on both streets that it faces. For a non-residential use, the Ordinance No. Z-374-02 p. 12 Front Yard shall be Range Line Road (if the property is located on Range Line Road) or the street with the greatest traffic. iii. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property line. Materials. Additions and alterations to the exterior must be clad in wood, brick, concrete plank or high quality vinyl siding. ii. Materials of additions and alterations should be consistent with the materials in the Principle Building. Roof. Alterations that reduce the roof pitch of an existing building more than five degrees (5°) are not allowed. Additions may have a shed, gable, or hip roof. Porch adcY~tions may have a flat roof. Garages. i. All new garages must be either: (a) Detached buildings that are sited at least five (5) feet behind the Principle Building, or (b) Attached to the Principle Building so that the front face of the garage is at least fifteen (15) feet further from the Front Lot Line than the primary front line of the Principle Building. New attached garages on Comer Lots should be oriented to the side street, rather than to Range Line Road. ii. New detached or attached garages and other Accessory Buildings should use exterior materials similar to the Principle Building. iii. Covered walkways attaching the garage to the Principle Building are allowed. Landscape and Lighting. A paved walkway from the porch or front door to the front sidewalk is required. ii. The remaining Front Yard of all buildings will be maintained with a groomed landscape of low shrubs, ground cover, trees, flowers and/or grass. iii. Exterior lighting is restricted to lamps mounted on the building, seven- foot (7') maximum-height pole-mounted decorative lights, and low- wattage landscape lighting. iv. Fences greater than thirty-six (36) inches tall are not allowed forward of the Front Line of the Principle Building. Vinyl covered chain-link material is allowed in the Front Yard except on those properties which front on Range Line Road. For properties fronting on Range Line Road, chain-link material is prohibited forward Ordinance No. Z-374-02 p. 13 of the From Line of the Principle Building. vi. Dumpsters and trash receptacle must be screened from view. Signs. Signage, where allowed, shall abide by the City of Carmel and Clay Township Zoning Ordinance specified in Section 25.7.02-13. h. Parking and Driveways. Parking is not allowed in the From Yard of any property, except on a driveway leading to the garage. ii. Driveways leading to the garage may not be wider than twelve (12) feet, except within thirty (30) feet of the front of the garage, where the driveway may be up to twenty-four (24) feet wide. iii. Parking spaces required to be provided under the Zoning Ordinance may be reduced by up to fifty percent (50%) in order to accommodate difficult site conditions such as limited access, small lots and/or existing mature trees. iv. New curb cuts on Range Line Road will not be permitted unless there is no alternative access from a side street. Additional Guidelines for Alterations & Additions to Contributim, Buildines in Character Sub-Area. Alterations or additions to existing, Contributing buildings in the Character Sub-Area shall be guided by the following guidelines. Nothing in these guidelines shall require a change to a part of the building that is not otherwise affected by the proposed alteration or addition. a. Materials. All sides of the Principle and Accessory Buildings must be clad in wood, brick, concrete plank or high-quality vinyl siding. ii. Windows and trim must be framed in wood or vinyl-clad wood. iii. Clear finish or brash finish aluminum storm windows or doors are not allowed. iv. Chimneys are to be brick. Exterior guardrails, handrails and other stair &mils may be wood or wrought iron. vi. Roofs are to be asphalt, wood or slate shingles. vii. Foundations must be split-face block, stone veneer or poured-in-place concrete. Where previous alterations have introduced inconsistent materials (simulated stone, brick, metal, etc.) to a wood-clapboard house, a new addition or alteration that affects this part of the structure will require removal of the inconsistent material. Ordinance No. Z-374-02 p. 14 c. Windows, Doors. Vertical, rectangular double-hung or casement windows are required. These may be used in multiple sets to create larger expanses of window ii. Plate-glass picture windows, strip windows and arched windows are not allowed on the front facade. iii. Special windows am allowed (ovals, hexagon, etc.) as accents. iv. Existing windows may be moved or replaced with windows that are similar to the original building windows. If a window is covered over or removed, the material on the exterior must match the pre-existing siding. Roof. Roofs shall be gabled, multi-gabled, or hipped, with a minimum pitch of 8:12. Porch roofs may be flat or pitched. e. Porches. Removal of existing porches is prohibited, unless the porch is being upgraded or replaced in a manner consistent with these guidelines. ii. Existing porches shall only be enclosed with transparent glass windows. iii. Uncovered decks are not allowed if forward of the Front Line of the Principle Building. Building Height. Additions to the existing building may not exceed the height of the tallest dimension of the nearest Contributing buildings by more than seven (7) feet. New Construction. The following guidelines apply to all new buildings built within the boundaries of the Character Sub-Area. a. Building Mass. i. Buildings are to be oriented parallel and perpendicular to the street. ii. Buildings will generally be longer than they are wide, with the narrow dimension facing the street. Building widths may not exceed forty-five (45) feet, except where the lot is greater than eighty (80) feet in width, in which case the building may be up to fifry-five (55) feet wide. b. Setbacks. New buildings must follow the dominant or average front yard Setback dimension of existing buildings on the same block and on the same side of the street, with a variation of up to three (3) feet allowed (See Figure 2a). Ordinance No. Z-374-02 p. 15 Materials. i. All sides of the Principle and Accessory Buildings must be clad in wood, brick, stone, concrete plank or high-quality vinyl siding. The same material must be used on all sides of the building. ii. New garages and other Accessory Buildings shall use exterior materials similar to the Principle Building. iii. Windows and trim must be framed in wood or vinyl-clad wood. iv. Visible aluminum storm windows or doors are not allowed. v. Chimneys are to be brick. vi. Exterior guardrails, handrails and other stair details may be wood or VvTought iron. vii. Roofs are to be asphalt, wood or slate shingles. viii. Foundations must be split-face block, stone veneer or poured-in-place concrete. Windows, Doors. i. Vertical, rectangular double-hung or casement windows are required. These may be used in multiple sets to create larger expanses of window area. ii. Plate-glass picture windows, strip windows and arched windows are not allowed on the front facade. Special windows are allowed (ovals, hexagon, etc.) as accents. iii. Roof. i. The roof of the Principle Building and Accessory Buildings shall be gabled, multi-gabled, or hipped, with a minimum pitch of 8:12. ii. A roof over a porch or bay window may be flat or pitched. Porches. i. Covered porches facing the street on the first or upper floor of the structure are strongly encouraged but not required. ii. Uncovered decks are not allowed in the front yard. Building Height. i. Minimum: Thirteen (13) feet to the midpoint of the cornice and the ridgeline. ii. Maximum: Thirty (30) feet to the midpoint of the confice and the ridgeline, except as provided in 7(c). Orchnance No. Z-374-02 p. 16 iii. Buildings may not exceed the height of the tallest dimension of the nearest two Contributing Buildings by more than seven (7) feet. 23D.4 Submittal Process/Application Procedure. Co Consultation with Director and Application. Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. 1. The applicant shall submit: a. two (2) copies of the written Site Plan and Design Review application form, two (2) copies of the Existing Features & Site Analysis Plan including adjacent zoning and land use, c. two (2) copies of the proposed Site Plan and Drainage Plan, and/or two (2) copies of the required information on architectural design, landscaping, parking, signage, lighting and access, as well as e. all necessary supporting documents and materials. Review. Review of the Application and Supporting Documents and Materials by the Director; Following the receipt of the written application and required supporting information by the Director, the Director shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. Within ten (10) days of the formal acceptance of the application by the Director, he shall formally approve, deny, or request additional information about the petition. Approval or Denial of the Application by the Commission. An approved Site Plan and Design Review petition shall be valid for two (2) years from the date of approval. If construction of the building(s) has (have) not started at the end of the two (2) year period, the Site Plan and Design Review request must be re-submitted to the Director. If an approved Site Plan and Design Review petition is (are) substantially altered, re- submittal to the Director for approval is required. Ordinance No. Z-374-02 p. 17 If the petition is denied by the Director, the Director shall provide the applicant with a copy of said reasons, if requested. The applicant may appeal the decision of the Director, as specified in Chapter 30. 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 1 6j~ day of (~ ~.~c~ ~ ,2002, by a vote of ~ ayes and C~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Pl[~si~ing Office~ ~ / ~_ President Robe~ Ba~egll R~'~. C~er ATTEST: Di~a L. Cor&ay, ~C, Presenter by me to the Mayor of the City of Carmel, Indiana this ~O~day of /¢~ ff t~ $ [ ,2002, at ~.M. Di~a L. Cor&ay, ~C, Cl~k-Trc~surcr Ordinance No. Z-374-02 p. 18 Approved ~ me, Mayor of the City ~Ok~ [ ,2002, at ~ ,,e~ ~.M. of Carmel, Indiana, this ~ day of ~3(ne~ Brainard, Mayor ATTEST: Diana L. Cordray, IAMC,/Clerk-~reasurer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 46032 Ordinance No. Z-374-02 p. 19 CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-374-02 Old Town District Overlay Zone To; The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application of the Department of Community Services (Docket No. 96-01 OA) petitioning the Commission to establish Chapter 23D: Old Town District Overlay Zone. The Carmel/Clay Plan Commission's recommendation on the petition of the Department of Community Services is FAVORABLE. At its regularly scheduled meeting of February 19, 2002, the Carmel/Clay Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-374-02 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to lC 36-7-4-607(e), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification is Thursday, May 30, 2002. lth~n6na Hancock, DATED: March 1, 2002 CARMEL/CLAY PLAI~ COMMISSION Pa~u-I Sl~ra~er~ ~/ic~ Presifie~i RECEIVED CARMEL CLERK TREASURER 03-01-02Al1:4~ RcVD Ca rme I O I d Town Sub-area Boundaries (Figure 1) Carmel, Indiana Revised FEB 2002 Figure 2a L ~Dominant front yard setback New construction-- [] ~J F Figure 2b ghbor's front setback not permitted ,r than 20 feet permitted Ca rme I 01 d Town Contributing Buildings (Figure 3) Carmel, Indiana January 2002 Form Pre~ril3ed by State Board of Accounts / ! Government Unit To: General Form No. 99P {Revised 2002) The Daily Ledger Dr. Hamilton County, Indiana Noblesville. Indiana 46060 PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of type in which the body of the advertisment is set) -- number of equivalent lines ........................ Head -- number of lines ................................. , ............ Body -- number of lines ............................................. Tail -- number of lines .............. ' ............................... Total number of lines in notice .................................... COMPUTATION OF CHARGES .~}n.e~s.~.g__~ce_cenC~slU~rn~inX~ideequals 3.~ equivalent lines Additional charge for notices containing rule or tabular work (50 percent of above amount) ................................... q. qg Charge for extra proofs of publication ($1.00 for each proof in excess of two) ......... ...................................... TOTAL AMOUNT OF CLAIM ...................................... $ DATA FOR COMPUTING COST Width of single column '~' y ems Number of insertions / Size of type (e~ point Pursuant to the provisions and penalties of Chapter 155, Acts 1953, I hereby certify that the foregoing account is Just and correct, that the amount claimed is legally due, after allowing all Just credits, and that no part of the same~~a~d.~l j f~ Date /~/*~fx- '~ , 20t~ 2-- Manag['{ Title: General PUBLISHER'S AFFIDAVIT State of Indiana ss: Hamilton County Personally appeared before me. a notary public in and for said county and state, the undersigned Thomas H. Jekel who. being duly sworn, says that he is General Manager of The Daffy Ledger a dally newspaper of general circulation printed and published in the English language in the town of Fishers in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for / time , the date of pub- lication being as follows: