HomeMy WebLinkAboutOrdinance DRAFT Amended 1 Sponsor: Councilor Rider
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3 ORDINANCE Z- 545- 10,`As Amended
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
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7 An Ordinance removing the sunset provision on the process for demolition of contributing buildings Old
8 Town District Overlay Zone in the Carmel Zoning Ordinance
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10 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7 -4),
11 each uni t of 1 ocal government t hat w ishes t o a dopt 1 and us e and z oning or dinances must first a pprove b y
12 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
13 WHEREAS, the Carmel C lay Comprehensive P lan "C3 P lan 2009" D ocket N o. 08070020 C P w as
14 given a favorable r ecommendation b y the C armel A dvisory P lan Commission on N ovember 18, 2008, and
15 duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore
16 the official Comprehensive Plan of the City of Carmel and Clay Township; and
17 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance;
18 and
19 WHEREAS, pursuant to Indiana. Code 36 -7 -4 -602 the Common Council is authorized to amend the
20 text of the zoning ordinance; and
21 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, the
22 Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code;
23 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
24 that, pur suant t o IC 36 -7 -4 -600 e t s eq. and after D ocket No. 10080017 QA having r eceived a favorable
25 recommendation from t he C armel A dvisory P lan C ommission on Tuesday, September 21, 2010, i t he reby
26 adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended), to read as
27 follows:
28 Section I:
29 ZO CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE
30 a. Amend Section 23D.02(B)(5) as follows:
31 23D.02 Application of Guidelines of the Overlay District.
32 B. Contributing Buildings and Non contributing Buildings.
33 5. Demolition. No Contributing Building, or any part of it, may be demolished in this
34 overlay without t he c onsent o f t he Director. Before receiving a ny p ermits or
35 undertaking a ny work t hat c onstitutes d emolition, t he a pplicant m ust c omply with
36 Section 23D.04: Submittal Process /Application Procedure of this Ordinance.
37 a. The Director shall o my co nsider the following when determining whether a
38 building or any part of it may be demolished:
39 i. Structural conditions pose an imminent safety hazard.
40 ii. An ad vanced s tate o f d ilapidation o r f ire d amage would m ake i t
41 unfeasible to repair the building for any reasonable economic use.
42 iii. Significance. The D irector s hall co nsider t he ar chitectural an d
43 historical significance o f the s tructure individually, in r elation t o
44 the s treet, a nd as a p art o f th e d istrict as a whole. T hese same
45 considerations will be given to parts of the building. The Director will
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Ordinance Z- 545 -10
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1 also consider h ow the 1 oss of a building, or a portion thereof, will
2 affect the character of the overlay district, the neighboring buildings,
3 and, in the case of partial demolition, the building itself. Buildings
4 that are noted as non contributing shall be researched to confirm that
5 there is no obscured architectural or historical significance.
6 In making its determination of significance, the Director shall consider
7 the following:
8 1. Architectural and historic information and significance.
9 2. Information c ontained in the d istrict's N ational Register
10 nomination (if one exists).
11 3. The H amilton C ounty I nterim Report, a s a mended, p ublished
12 March 1992 by the Historic Landmarks Foundation of Indiana.
13 4. Information c ontained i n a ny ot her pr ofessionally c onducted
14 historic surveys pertaining to this district.
15 5. The opinion of Staff.
16 6. Evidence presented by the applicant.
17 7. Evidence presented by recognized experts in architectural history.
18 iv. Replacement: Demolition o f a s tructure may b e j ustified w hen,
19 in th e o pinion of th e D irector, th e proposed new de velopment
20 with which it will b e r eplaced i so f greater significance to t he
21 enhancement of t he overlay district than retention of th a existing
22 structure. This will o my b e th e c ase when the structure t o be
23 demolished is n ot of m aterial s ignificance, th e 1 oss of th e structure
24 will have minimal effect on the historic character of the district, and
25 the new development will be compatible, appropriate and beneficial
26 to the district.
27 To afford the Director the ability to consider demolition on the basis
28 of r eplacement development, th e applicant s hall s ubmit th e
29 following:
30 1. information r equired by Section 2 3D.04: Submittal
31 Process /Application Procedure of this Ordinance;
32 2. a scaled streetscape drawing showing the new development
33 in its context, including at least two buildings on either side;
34 and
35 3. other pertinent documents deemed relevant by the Director.
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37 b. For the purpose of this Overlay ordinance, demolition shall be defined as the
38 razing, wrecking, or removal by any means of the entire or partial exterior of
39 a structure. The following examples are meant to help define demolition and
40 are not all- inclusive:
41 i. The razing, wrecking, or removal of a total structure.
42 ii. The razing, wrecking, or removal of a p art a structure, resulting in a
43 reduction in its mass, height or volume.
44 iii. The razing, wrecking, or removal of an enclosed or open addition.
45 c. Some work that may otherwise be considered demolition may be considered
46 rehabilitation, if done in conjunction with Site Plan and Design Review, per
47 Chapter 23D.04. Examples of rehabilitation include:
48 i. The r emoval o r d estruction o f e xterior s iding a nd face material,
49 exterior surface trim and portions or exterior walls.
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Ordinance Z- 545 -10
1 ii. The removal or destruction of those elements which provide enclosure
2 at openings in any exterior wall (e.g., window units, doors, panels.)
3 iii. The removal or destruction of architectural, decorative or
4 structural features and elements which are attached to the
5 exterior o fa s tructure e.g., p arapets, c ornices, brackets,
6 chimneys.)
7 d. Examples of work not included in demolition:
8 i. Any work on the interior of a structure.
9 ii. The removal of exterior utility and mechanical equipment.
10 iii. The removal, when not structurally integrated with the main structure,
11 of a wnings, gut ters, downspouts, 1 ight fixtures, op en fire e scapes,
12 and other attachments.
13 iv. The removal of signs.
14 v. The removal of paint.
15 vi. The removal of site improvement features such as fencing, sidewalks,
16 streets, driveways, curbs, alleys, landscaping and asphalt.
17 vii. The replacement of clear glass with no historic markings.
18 NOTE: I tems ii -vi may b e c onsidered r ehabilitation an d require a
19 Site Plan and D esign R eview, pe r C hapter 23D .04 and a Letter o f
20 Grant.
21 e. However, where a building has been demolished due to fire or other accident
22 or di saster t hat i s customarily covered b y insurance, t he o wner may
23 reconstruct t he p roperty i n accordance with the a pplicable guidelines i n
24 Section 23 D.03, or i n s ubstantially the s ame de sign as e xisted pr for to the
25 accident, a fter h e /she r eceives Site P lan a nd D esign Review, p er Section
26 23D.04 and a Letter of Grant.
Extend sunset for 1 year instead of
27 deleting entirely. f. Sunset Provision. The provision of this subsection, 23D.02.B.5, as amended
28 1 per ordinance Z- 523 -08, shall expire on December 31, 20102011.
29 b. Amend Section 23D.03(A)(2) as follows:
30 23D.03 Guidelines.
31 A. Historic Range Line Road Sub -Area.
32 2. Additional Guidelines for Alterations Additions to Contributing Buildings in the Historic Range Line
33 Road Sub -Area.
34 Alterations and additions to existing, Contributing Buildings in the Historic Range Line Road Sub -Area
35 shall be guided by the following:
36 a. Demolition. N o C ontributing B uilding, or any pa rt of i t, may b e d emolished in th is district
37 without th e c onsent o f th e Director. The D irector s hall o my c onsider th e following when
38 do not delete this determining whether a building or any part of it may be demolished:
39 section i, Structural conditions pose an imminent safety hazard.
40 ii. An advanced state of dilapidation or fire damage would make it unfeasible to repair the
41 building for any reasonable economic use.
42 iii. The p articular financial situation o f the current owner or the current owner's desired
43 use for t he pr operty s hall not be c onsidered a s f actors i n de termining c onsent for
44 demolition.
45 b. Building Use. N otwithstanding uses otherwise allowed by zoning, uses that require Substantial
46 Alteration or additions to the exterior of a Contributing Building in order to accommodate the
47 functional requirements will not be allowed.
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1 c. Materials.
2 i. Details such a s por ch r ailings, t rim boards, fascia boards, and c ornices may not be
3 removed from the building.
4 ii. Original materials of the building will be repaired rather than replaced, when possible.
5 iii. When original materials, windows, doors, siding, railings, and other details cannot be
6 repaired, they may only be replaced with architecturally correct materials that simulate
7 the look, details and dimensions of the original. Substitute materials (vinyl, aluminum,
8 concrete plank, e.g.) must meet these standards in order to be acceptable.
9 d. Alterations.
10 i. Alterations to t he i nterior o f th e h istoric b uilding a re a llowed i f t he e xterior o f t he
11 building is not changed.
12 ii. No a Iterations a re a llowed t hat p ermanently c hange the massing, c haracter, window
13 placement or details of the exterior of the original building.
14 iii. Previous a dditions o r a Iterations to t he b uilding t hat d etract f rom o r c onceal t he
15 character o f t he b uilding may b e r emoved a nd t he b uilding r estored t o a pr evious
16 condition. In this process, no attempt should be made to add "historic" features (e.g.,
17 bay windows or gingerbread trim) not actually a part of the original building.
18 e. Additions.
19 i. Additions are allowed only in the rear of the building.
20 ii. Additions may not be taller or wider than the existing building.
21 iii. Additions must be designed to complement, but not mimic, the historic architecture.
22 iv. Additions must be built in such a way that they can be removed in the future without
23 damage to the original building.
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26 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
27 repealed.
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29 Section III: This Ordinance s hall be in full force and effect from and after i ts pa ssage and s igning b y the
30 Mayor.
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32 PASSED by the Common Council of the City of Carmel, Indiana this day of
33 2010, by a vote of ayes and nays.
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1 COMMON COUNCIL FOR THE CITY OF CARMEL
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5 Presiding Officer Joseph C. Griffiths
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9 Richard L. Sharp, President Pro Tempore Kevin Rider
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13 John V. Accetturo W. Eric Seidensticker
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17 Ronald E. Carter Luci Snyder
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20 ATTEST:
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24 Diana L. Cordray, IAMC, Clerk- Treasurer
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27 Presented by me to the Mayor of the City of Carmel, Indiana this day of
28 2010, at _.M.
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32 Diana L. Cordray, IAMC, Clerk Treasurer
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35 Approved by me, Mayor of the City of Carmel, Indiana, this day of
36 2010, at .M.
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40 James Brainard, Mayor
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42 ATTEST:
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46 Diana L. Cordray, IAMC, Clerk- Treasurer
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48 Prepared by:
49 Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032
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