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HomeMy WebLinkAboutZ-545-10 Chapter 23D/Old Town District OverlayDistrict As AmendedWHEREAS, 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 ORDINANCE Z- 545 -10, As Amended AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA Sponsor: Councilor Rider An Ordinance removing the sunset provision on the process for demolition of contributing buildings Old Town District Overlay Zone in the Carmel Zoning Ordinance 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 -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 et seq. and after Docket No. 10080017 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, September 21, 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 23D: OLD TOWN DISTRICT OVERLAY ZONE a. Amend Section 23D.02(B)(5) as follows: 23D.02 Application of Guidelines of the Overlay District. B. Contributing Buildings and Non contributing Buildings. 5. Demolition. No Contributing Building, or any part of it, may be demolished in this overlay without the consent of the Director. Before receiving any permits or undertaking any work that constitutes demolition, the applicant must comply with Section 23D.04: Submittal Process/Application Procedure of this Ordinance. a. The Director shall only consider the following when determining whether a building or any part of it may be demolished: i. Structural conditions pose an imminent 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. Significance. The Director shall consider the architectural and historical significance of the structure individually, in relation to the street, and as a part of the district as a whole. These same considerations will be given to parts of the building. The Director will Version A, 11 /01 /2010 Ordinance Z- 545 -10 1 Version A, 11/01/2010 also consider how the loss of a building, or a portion thereof, will affect the character of the overlay district, the neighboring buildings, and, in the case of partial demolition, the building itself. Buildings that are noted as non contributing shall be researched to confirm that there is no obscured architectural or historical significance. In making its determination of significance, the Director shall consider the following: 1. Architectural and historic information and significance. 2. Information contained in the district's National Register nomination (if one exists). 3. The Hamilton County Interim Report, as amended, published March 1992 by the Historic Landmarks Foundation of Indiana. 4. Information contained in any other professionally conducted historic surveys pertaining to this district. 5. The opinion of Staff. 6. Evidence presented by the applicant. 7. Evidence presented by recognized experts in architectural history. iv. Replacement: Demolition of a structure may be justified when, in the opinion of the Director, the proposed new development with which it will be replaced is of greater significance to .the enhancement of the overlay district than retention of the existing structure. This will only be the case when the structure to be demolished is not of material significance, the loss of the structure will have minimal effect on the historic character of the district, and the new development will be compatible, appropriate and beneficial to the district. To afford the Director the ability to consider demolition on the basis of replacement development, the applicant shall submit the following: 1. information required by Section 23D.04: Submittal Process /Application Procedure of this Ordinance; 2. a scaled streetscape drawing showing the new development in its context, including at least two buildings on either side; and 3. other pertinent documents deemed relevant by the Director. b. For the purpose of this Overlay ordinance, demolition shall be defined as the razing, wrecking, or removal by any means of the entire or partial exterior of a structure. The following examples are meant to help define demolition and are not all- inclusive: i. The razing, wrecking, or removal of a total structure. ii. The razing, wrecking, or removal of a part a structure, resulting in a reduction in its mass, height or volume. The razing, wrecking, or removal of an enclosed or open addition. c. Some work that may otherwise be considered demolition may be considered rehabilitation, if done in conjunction with. Site Plan and Design Review, per Chapter 23D.04. Examples of rehabilitation include: i. The removal or destruction of exterior siding and face material, exterior surface trim and portions or exterior walls. Ordinance Z- 545 -10 2 Version A, 11/01/2010 d. ii. The removal or destruction of those elements which provide enclosure at openings in any exterior wall (e.g., window units, doors, panels.) iii. The removal or destruction of architectural, decorative or structural features and elements which are attached to the exterior of a structure (e.g., parapets, cornices, brackets, chimneys.) Examples of work not included in demolition: i. Any work on the interior of a structure. ii. The removal of exterior utility and mechanical equipment. iii. The removal, when not structurally integrated with the main structure, of awnings, gutters, downspouts, light fixtures, open fire escapes, and other attachments. iv. The removal of signs. v. The removal of paint. vi. The removal of site improvement features such as fencing, sidewalks, streets, driveways, curbs, alleys, landscaping and asphalt. vii The replacement of clear glass with no historic markings. b. Building Use. Notwithstanding uses otherwise allowed by zoning, uses that require Substantial Alteration or additions to the exterior of a Contributing Building in order to accommodate the functional requirements will not be allowed. A. Historic Range Line Road Sub -Area. 2. Additional Guidelines for Alterations Additions to Contributing Buildings 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: a. Demolition. No Contributing Building, or any part of it, may be demolished in this district 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. Structural conditions pose an imminent 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 the property shall not be considered as factors in determining consent for demolition. f. Sunset Provision. The provision of this subsection, 23D.02.B.5, as amended per ordinance Z- 523 -08, shall expire on December 31, 2011. b. Amend Section 23D.03(A)(2) as follows: 23D.03 Guidelines. NOTE: Items ii -vi may be considered rehabilitation and require a Site Plan and Design. Review, per Chapter 23D.04 and a Letter of Grant. e. However, 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 the applicable guidelines in Section 23D.03, or in substantially the same design as existed prior to the accident, after he /she receives Site Plan and Design Review, per Section 23D.04 and a Letter of Grant. Ordinance Z- 545 -10 3 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 64- day of 2010, by a vote of ayes and c nays. Version A, 11/01/2010 c. Materials. i. 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. i. 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 building 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. Ordinance Z -545 -10 4 Richard L. Sharp, Presi s ent ro Tempore A/07` E5E IV T Ronald E. Carter ATTES 1 V. Accetturo Diana L. Cordray, IAM Diana Prepare Presented by me to the Mayor of the City of Carmel, Indiana this Approved by me, Mayor of the City of Carmel, Indiana, this /2 day of 6- NoVel1 l� 2010, at l PM. ATTEST: Y Adrienne Keeling, Planning Administrato e Civic Square, Carmel, 1N 46032 Version A, 11/01/2010 COMMON COUNCIL FOR THE CITY OF CA Treasurer Clerk -Treas 'er Griffiths Josep J evin Rider W. Eric Seiden: icker uct Eder 2010, at la ;1S A .M. 1 4.421 Ordinance Z- 545 -10 5 es Brainard, Mayor day of Diana L. Cordray, C, Clerk- Treasurer 1 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36 -7 -4 -605 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 to the Commission (Docket No. 10080017 OA) to Amend Chapter 23D: Old Town .District Overlay Zone in order to remove the sunset clause on the process for demolition approvals in the Overlay. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting on September 21, 2010 the Commission voted nine (9) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 545 -10 with a Favorable Recommendation. Please be advised that. by virtue of the Commission's Favorable Recommendation, pursuant Io IC 36-7-4 607(e)(3), the Council has ninety (90) clays to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of the original Certification (October 4, 2010) is Sunday, January 2, 2011. ATTEST: ORDINANCE Z- 545 -I0 An Ordinance to Amend Chapter 23D: Old Town :District Overlay Zone of the Zoning Ordinance. Ramona Hancock, Secretary Carmel Advisory Plan Commission Dated: October 4, 2010 2010 -0927; Z-545-10; PC Cert.ification.doc CARMEL ADV ORY PLAN COMMISSION eo Dierc man, President h.Z :fj d h 130 0102