205502 01/17/2012 CITY OF CARMEL, INDIANA VENDOR: 00350498 Page 1 of 1
ONE CIVIC SQUARE INDIANAPOLIS NEWSPAPERS, INC CHECK AMOUNT: $1,247.09
CARMEN, INDIANA 46032 307 N. PENNSYLVANIA STREET
PO BOX 145 CHECK NUMBER: 205502
INDIANAPOLIS IN 46206 -0145
CHECK DATE: 1/17/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1401 4345500 1,247.09 HISTORIC
'I
Prescribed by State Board of Accounts 900549 5900709 General Form No. 99P (Rev. 2009A)
Federal ID# 35- 2061385
CITY OF CARMEL- TOPICS LEGALS To: NOBLESVILLE STAR
INDIANAPOLIS NEWSPAPERS
307 N PENNSYLVANIA ST PO BOX 145
COUNTY, INDIANA INDIANAPOLIS, IN 46206 -0145
PUBLISHER'S CLAIM
LI COUNT
ji ction D Historic Districts.�nservation Districts and Guidelines (continued)
6) Proposed Standards: Along with the proposed historic district map, the 's, neither of which shall
Commission shall adopt proposed design and architectural standards for the areas which the body Of the
and sites within the proposed historic district map.
7) council Approval: Before a historic district is established and the building Ilnes
classifications take effect, the map setting forth the district's boundaries,
proposed standards, and building classifications shall be submitted to and
approved in an ordinance by the Carmel City Council.
8) Notice: The Commission shall provide notice to the general public of the public'
meeting where the presentation of a proposed historic district map to the Carmel
City Council (the "Presentation Meeting will take place.
a. A legal notice of the Presentation Meeting shall be prepared by the
Commission and advertised in a daily newsppaper of general circulation in
Hamilton County, not less than twenty -five (25) days prior to the meeting, not
including the date of the meeting itself. For purposes of this section, a daily
newspaper of general circulation in the county would include the Indianapolis
Star. The Commission shall provide a copy of an affidavit from the publisher
attesting to the publication of the Notice to the President of the Carmel City
Council prior to the Presentation Meeting.
b. The Commission shall also serve notice of the Presentation Meeting to owners
of property within, adjoining and abutting the proposed' historic district,
including propert across a public right -of -way. Such notification shall be by
certified mail with return receipts requested, to the address listed on tax rolls 11Valent lines at .471
for the owner(s) of the property. Notification must, be sent not less than
twenty -five (25) days pribr to the Presentation Meeting, and must include the 506.37
location, date, time, and place for the Presentation Meeting, and include a
description of ppurpose of the presentation. The Commission shall be figure work (50 per cent
responsible for obtaming a certified list of the names and current addresses of
property owners within, ad oming and abutting the proposed historic district
from the records on file m t�e office of the Hamilton County Auditor in
Noblesville, Indiana. Whenever any adjoining or abutting property lies across each proof in excess of two) .00
the county line; then the Commission shall be responsible for obtaining a
certified list of the names and current addresses of such adjoining and I 506.37
abutting property owners from the records on file in the office of the Boone
County Auditor or Marion County Auditor, as the case may be.
C. The Commission shall also serve notice to the general public of the i
Presentation Meeting by placing signs within and along the perimeter of the
proposed historic district. At least four (4) signs shall be placed for every f
square mile of area contained within the proposed historic district. The signs
shall be placed in locations at the discretion of the Commission Administrator, }7
but such locations should be chosen to maximize the opportunities for viewingg
by the general public. The signs shall be placed no less than twenty-five (25) 1
days prior to the Presentation Meeting and removed no more than three (3)
days after such meeting.
9) Recording: The map establishing boundaries of a historic district shall be recorded
in the Office of the Hamilton County Recorder.
Section E. Interim Protection
1) Designation: When submitting a map to the Carmel City Council under Section D of -10 -1 I hereby certify that the foregoing account is
this Ordinance, the Commission may declare one (1) or more buildings or i
structures that are classified and designated as historic on the map to be under after allowing all just credits, and that no part of the same
interim protection.
2) Written Notice: Not more than two (2) working days after declaring a building,
structure, or site to be under interim protection under this section, the
Commission shall, by personal delivery or first class mail,' provide the owner or
occupant of the building, structure or site with a'written notice of the declaration.
The written notice must: is a true copy, of the same column width and type size,
a. Cite the authority of the Commission to put the ,building, structure, or site
under interim protection under this section; ates of ublication being between the dates of:
b. Explain the effect of putting the building, structure, site under interim pro P g
tection; and
c. Indicate that the interim protection is temporary.
3) Duration: A building or structure put under interim protection under subsection (1)
remains under interim protection until the map is:
'a. Submitted to; and
b. Approved in an ordinance by the Carmel City Council.
4) Limitations: While a building, structure, or site is under interim protection under )rrect:
this section:
a. The building, structure, or site shall not be demolished or moved; and
b. The exterior appearance of the building, structure, or site shall not be
conspicuously changed by:
L Addition;
ii. Reconstruction; or
iii. Alteration. s posted on the same day as it was published in
5) Pending Approval of Certificate oT Appropriateness:.The Commission may approve
a Certificate of Appropriateness at any time during the periodof mtenm
protection, provided the proposed change meets the criteria for considering effect
of aMions on historic buildings in Section F (4) of this or and any proposed oblem or error, public notice was posted on
P guidelines prepared for the building, structure, or site The Certificate
of Appropriateness shall have no effect, and no action may be taken pursuant iblic notice.
thereto, unless the map including the building, structure or site is approved by the
City Council.
Section F Certificates of Appropriateness
1) Requirement A Certificate of Appropriateness MCA must be issued by the
commission before a permit is issued for, or work has begun on any of the
following: 1
a. Within all areas of a historic district: r
i. The demolition of any building or structure;
ii. The moving of any building or structure; or
iii. The conspicuous change in the exterior appearance of any historic building.
or any part of or appurtenance to such a building, including walls fences, light fixtures.'
steps, paving, and signs by additions, reconstruction, alteration, or maintenance,
involving exterior color change if cited by individual ordinance; or,
iv. Any new construction of a principal building or accessory building or Title: Clerk
structure subject to view from a public way.
b. Within a primary area of a Historic District:
i. Achangeinwallsand fences orthe construction ofwallsandfencesalongpublic
ways; or
ii. A.conspicuous change in the exterior appearance of non historic buildings
subj/ ect to view from a public way by additions, reconstruction, alteration
and/or maintenance involving exterior color change.
c. Within a Conservation District:
i. The moving of any building:
ii. The demolition of any building; or
iii. The new construction of a principal building or accessory building or
structure subject to view from a public way.
2) Application for certificates of Appropriateness: An application for a COA shall be
made in the office of the Commission or its designee on forms provided by that
office. All applications shall be subject to the rules and requirements established
by the Commission. Rules may include, but are not limited to, filing' deadlines and
application requirements such as sketches, drawings, photographs, descriptions,
or other information which the Commission requires to make a decision.
3) Approval or Dental of'Certificates of Appropriateness: The Commission may
approve or deny COAs for any actions covered by this title. If an application for a
COA i5 approved by the or is not acted on by the Commission within
thirty (38) days after it Is filed, a COA shall be issued. The Commission may grant
an extension of the thirty -day limit if the ap licant a rees to
ine applicant wi a co Y of its report, and of the ri
days of the ado ption o P ecas�on m wri tten
a Placation for building o the report- A co ght to a' t form, and sup
shall be issued un less cot demolition PY of the COA shall b e bmitted t
ven ply
application. PY Of the Permit- No buildin or demolitio with he
4 Criteria: The OA is Provided b gg
e
Co Commission, Y'th plicant with hP
S or an reconstructi
fixtures, S appurtenance to such building on, alteration, maintenance n or moving of a h twildin structure I
te srt of or g or structure,:including vallss. tight
P paving and signs Shall re
preserve the. historical and architectural cha acer of he building din
In considering historic and architectural character, the be done in a manner that will
Other things, the following: n
a. Purposes of 9, structtre, or appurtenance.
Commissio Stull consider, among
this title;
site or
b. Historical and architectural value -and significance of tie build, structure,
appurtenance:
C. Compatibility and significance of additions, alterations, details, materials, or
other non original elements which may be of a different style�and construction
date than the original;
d. The texture, material, color, style, and detailing of the building, structure, site
e. The continued preservation and protection of original or otherwise significant
structure, material, amentaton;
and orni
f. The relationship of buildings, structures, appurtenances or architectural
features similar to -one within the same historic district including for primary
areas, visual compatibility as defined in Section H(2); and
way nd t g• The Position on of the building or structure in relation to the street, Public right -of-
o posi ther buildings and structures.
5) Procedure for Demolition upon Denial of a Certificate of App ropriateness:
a. The purpose of this section is to preserve historic buildings that are important
to the education, culture, traditions, and economic values of the City and to
P afford the City, historical organizations, property owners, and other interested
buildings he op to acquire or to arrange for the preservation of these
b. If the Commission denies the issuance of a,Certificate of Appropriateness for
the demolition of a building, structure, or site, a demolition permit may be
issued by other agencies and a building, structure, or site may be demolished,
but only after the property owner has demonstrated to the Commission that
the historic building, structure, or site is incapable of earning any economic
return on its value, as appaised by a licensed real estate appraiser.
c. Notice of the prop
osedd demolition must be given for a period fixed by the
Commission, based on the Commission's classification on the approved map,
but not less than sixty (60) days nor more than one (1) year. Notice must be
posted on the premises of the building or structure proposed for demolition in
a location clearly visible from the street. In addition, notice must be published
in a newspaper of general local circulation at least three (3) times before
demolition, with the first publication not more than fifteen (15) days after the
application for a permit to demolish is filed, and the final publication at least
fifteen (15) days before the date of the permit.
d. The Commission may approve a Certificate of Appropriateness at any time
during the notice period under subsection Section F(3). If the Certificate of
Appropriateness is approved, a demolition permit shall be issued without
further delay and demolition may proceed.
Section G Staff Approvals
1) Authority. The Commission may authorize the staff of the Commission, on behalf of
the Commission, to grant or deny an application for a COA.
2) Rules: The Commission shall specify by rule the types of applications for COA,that
the staff of the Commission is authorized to grant or deny. The staff may not be
authorized to grant or deny an application for a COA for the following:
a. The demolition of a building, structure, or site; i
b. The moving of a building or structure;
c. The construction of an addition to a.building or structure; or
d. The construction of a new building or structure.
Section H Visual Compatibility
1) Newconstruc .tion,contemporary design and n historic buildings: Such buildings)
preserve and encourage the integrity of- no istoric. buildings, structures, sites,
monuments, streetscapes, and neighborhoods and ensure their compatibility with any new
work. The construction of a new building or structure, and the moving, reconstruction
alteration, color change, major maintenance, or repair conspicuously affecting the external
appearance if any non historic building, structure, or appurtenance within the primary area
shall be generally of a design, form, proportion, mass, configuration, building material,
texture, Color, and location on a lot compatible with other buildings in the historic district and
with places to which it is visually related.
2) Criteria for considering visual compatibility within historic primary areas. within
the primary area of a historic district, new buildings,' structures, as well as
buildings, structures, and appurtenances that are moved, reconstructed, materially
altered, repaired, or changed in color, shall be visually compatible with buildings and places
to which they are visually related generally in terms of the following visual compatibility
factors:
a. Height: The height of proposed buildings must be visually compatible with
adjacent buildings
b. Proportion of building's front facade: The relationship of the width of a building
to the height of the front elevation must be visually compatible with buildings,
squares, and places to which it is visually related;
c. Proportion of openings within the facility: The relationship of the width of the
windows to the height of windows in a building must be visually compatible
with buildings, squares, and places to which it is visually related;
d. Relationship of solids to voids in front facades: The relationship of solids to
voids in the front facade of a building must be visually compatible with
buildings, squares, and places to which it is visually related;
e. Rhythm of spacing of buildings on streets: the relationship of abuilding to the
open space etween it and adjoining buildings must be visually compatible with
buildings, squares, nshi
and places to which it is visually related
f. Rhythm of entrances and porch pro)ections: The relatiop of entrances and
porch projections-of a building to sidewalks must be visually compatible with
buildings squares, and places to which it is visually related;
g- Relationship of materials, texture, and color: The relationship of the mater ial s,
texture, and color of the facade of a building must be visually compatible with
buildings, squares, and places to which it is visually related
h. Roof shapes: The roof shape of a building must D visually compatible with
buildings, squares, and places to which it is visually related;
i. wall of continuity: Appurtenances of a building or site, such as walls, wrought i
iron fences, evergreen landscape masses, and building facades, must form
cohesive walls of enclosure along the street if necessary to ensure visual
compatibility for the buildings and places to which it is visually related;
j. Scale of the building: The size of a building, and the building mass of a building
in relation to open spaces, windows, door openings, porches, and balconies
must be visually compatible with the buildings and places to which it is visually
related; p
k. c ompatible with buildings fsq front squares, place to which it is visual related i in ression
its directional character, including vertical character, horizontal character, or
non directional character.
Section 1. Preservation of Historical and Architectural Character upon Alteration or
Re oca on Mandated
1) Preservation: A historic building or structure or any part of or appurtenance to
such a building or structure, including stone walls, fences, light fixtures, steps,
Paving, and signs may be moved, reconstructed, altered, or maintained only in a I
manner that will preserve the historical and architectural character of the building, k
structure, or appurtenance. tttt
2) Relocation: A historic building may be relocated to another site onlyy if it is shown
that preservation on its current site is inconsistent with subsection (1).
Section J Maintenance
1) Application of Requirements: Historic buildings, structures, and sites shall be
maintained to meet the applicable requirements established under I.C. 36 -7 -11-
1, et seq.,for buildings generally so as to prevent the loss of historic material and
the deterioration of important character defining details and features
2) ordinary repairs and maintenance: Nothing in this section shall be construed so as
to prevent the ordinary repairs and maintenance of any building, structure or site,
provided that such repairs or maintenance do not result in a conspicuous change i n
the design, form, proportion, mass, configuration, building material, texture, color, location, or
external visual appearance of any structure, or part thereof.
Section K. Relationship with Zoning Districts
Zom'ng 3istricts Iying within the boundaries of the historic district are subject to
regulatwns for both the zoning district and the historic district- If there' is a conflict
between the requirements of the zoning district and the requirements of the historic
district, the more restrictive requirements shall apply.
(continued) (NL 1/5/12 5900709)
Prescribed by State Board of Accounts 900549 5900671 General Form No. 99P (Rev. 2009A)
Federal ID# 35- 2061385
CITY OF CARMEL- TOPICS LEGALS To: NOBLESVILLE STAR
INDIANAPOLIS NEWSPAPERS
307 N PENNSYLVANIA ST PO BOX 145
COUNTY, INDIANA INDIANAPOLIS, IN 46206 -0145
PUBLISHER'S CLAIM
L INE COUN
ORDINANCE D- 2064 -11 Sponsor(s): Sharp, Accetturo, Seidensticker net
of which shall
ASA 'hich the boil of the
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARME INDIAN AMENDING CHAPTER y
ARTICLE TIO 88. ORIZI COMPR NSIV TORIC ER A ND
I7eS
ESTABLISHING A HI TORIC PRESERVATION COMMISSION
WHEREAS, the City of Carmel, Indiana (the "City"), is a municipal corporation and political subdivision
of the State of Indiana and is authorized and empowered to adopt this ordinance and to carry out its provi-
sions;
WHEREAS, the City of Carmel is one of the fastest growing cities in Indiana, a dynamic City with award
winning schools, thriving businesses, and family oriented neighborhoods committed to preserving its heri-
tage and vitality through controlled expansion and prudent planning, and building a successful Partnership
for Tomorrow;
WHEREAS, it is the intent of this ordinance to provide a means to promote the cultural, economic, and
general welfare of the public through the preservation and protection of structures and areas of historic
and cultural interest within the City of Carmel; and
WHEREAS, it is the intent of the Common Council of the City of Carmel "Carmel City Council by this
ordinance to implement a compprehensive program of historic preservation by the appointment of a Historic
Preservation Commission and by the establishment of a Historic Preservation District or Districts in accor-
dance with the provisions set forth below.
NOW, THEREFORE, IT IS AGREED AND ORDAINED by the Common Council of the City of Carmel, Indiana, valent lines at .471
adopts, pursuant to Indiana Code 36- 7 -11 -1, et seq., as follows:
Section 1: The foregoing Recitals are incorporated herein by this reference. 504.48
Section adopted Chapter 2, Article 5, Section 2.188 of the Carmel City Code should be and the same is hereby gure Work (SO per Cent
"Section 2 Historic Preservation for the City of Carmel
Section A Purpose and Definitions
1) Purpose: The purpose of Historic Preservation and protection is to promote the educational, ach proof in excess of two) .00
cultural and general welfare of the citizens of the City of Carmel and to ensure the harmonious 504.48
and orderly growth and development of the City; to maintain established residential
neighborhoods to ensure their distinctiveness; to enhance property values and attract new
residents; to ensure the viability of the downtown area and to enhance tourism within the City
of Carmel. It is deemed essential by the City that qualities relating to its history and I
harmonious outward appearance of its structures be preserved. This purpose is advanced through the
restoration and preservation of historic areas and buildings, the construction of compatible
.new buildings where appropriate, and the maintenance and assurance of compatibility in regards to 7
style, form, proportion, texture, and material between historic buildings and those of
contemporary design. It is the intention of the City, through this ordinance to preserve and
protect historic and architecturally worthy buildings, structures, sites, monuments,
streetscapes, and neighborhoods which impart a distinct aesthetic quality to the City and serve
as visible reminders of its historic heritage.
2) Definitions: The following terms shall have the following meaning unless a contrary meaning is
required by the context or is specifically prescribed. Words in the present tense include the
future tense. The singular number includes the plural, and the plural, the singular. The word -10 -1, I hereby certify that the foregoing account is
"shall" is always mandatory. The word "person" includes a firm, a partnership, a limited
liability company, or a corporation, as well as an individual- Terms not defined in this section shall have
the m eani ngs customarily assigned to them. after allowing In all just credits and that no part of the same
3) Alteration: A material or color change in the external architectural features of any building,
structure, or site within a historic district.
4) Classifications:
a. Outstanding: "0" classification means that the property has sufficient historic or
architectural significance that is listed, or is eligible for individual listing, in the is a true copy, of the same column width and type size,
National Register of Historic Places. Outstanding resources can be of local, state, or
national importance. lates of publication being between the dates of:
b. Notable: "N" classification means that the property does not merit the outstanding P g
rating, but it is still above average in its importance- A notable structure may be
eligible for the National Register.
c. Contributing: "C" classification means the property is at least 40 years old, but does
not meet the criteria for an "0" or "N" classification. Such resources are important to
the density or continuity of the area's historic fabric. Contributing structures can be
listed in the National Register only as part of a historic district.
d. Non Contributing: Property classified as "NC" is not included in an inventory unless it,'
IS located within the boundaries of a historic district. Such properties may be less than Orrect:
50 years old, or they may be older structures that have been altered in such a way that
they have lost their historic character, or they may be otherwise incompatible with
their historic surroundings: These properties are not eligible for listing in the National
Register.
5) Demolition: The complete or substantial removal of any building, structure, or site located in a
historic district. as posted on the same day as it was published in
6) Historic District A single building, structure, object, or site or a concentration of buildings,
structures, objects, spaces, or sites, the boundaries of which are described or delineated on
a map approved in an ordinance adopted by the City under Section D of this Ordinance.
7) Interested Party: One of the following: roblem or error, public notice was posted on
(a) The Mayor.
(b) The Carmel City Council. ublic notice.
(c) The Plan Commission.
(d) A neighborhood association, whether incorporated or unincorporated; a majority of whose
members are residents of a historic district designated by the ordinance adopted under
this Section.
(e) An owner or occupant of property located in a historic district established by an ordinance'
adopted under this Ordinance.
(f) Historic Landmarks Foundation of Indiana, Inc. "Indiana Landmarks or any of its
successors. J V
'(gg) Carmel Clay Historical Society, or any of its successors.
(h) The State Historic Preservation Officer designated under I.C. 14- 21 -1 -19.
8) Preservation'Guidellnes: Criteria, locally developed, which idertify local design concerns in an
effort to assist property owners in maintaining the character of,thhe designated district or
buildings during the process of rehabilitation or new construction.
9) Primary Area: The principal area of historic and or architectural significance within a historic I Title: Clerk
district as delineated on the map establishing the boundaries of the historic district.
10) Routine Maintenance: Work for which no certificate of appropriateness is required.
11) Secondary Area: An area in a historic district delineated on the map establishing the
boundaries of the historic district that is adjacent to a primary area and which has a visual
relationship to the primary area and could affect the preservation of the primary area. The
purpose of designating a secondary area is to assure its compatibility and harmony with an
adjacent, primary area
12) Streetscape: Appearance from a public way, the distinguishing characteristics of which are
created by the width of the street and sidewalks, their paving materials and color, the d e s g nl
of the street furniture (e. g., street lights, trash receptacles, benches, etc.) and use of plant
materials such as trees and shrubs, and the setback, mass, and prop-t {on of those buildings
which enclose the street.
13) Visual Compatibility: Those elements of design that meet the guidelines set 0uc in Section Hof
this Ordinance. Organization
Section D Historic Preservation Commission Establishment and
1) Creation Th i s n reby ssron the City of Carmel, Indiana r(heeintafterCreferredito as the
r a
U composmon: I ne commission orseven voting u,e w
Shall be appointed by the MayoG to the approval of the Carmel City Council, and shall
be residents of the City who are interested m e preservation and th development of historic t
areas. The members of the Commission shall be individuals in the disciplines of architectures r': t
history, architectural history, preservation planning, those who have completed succeful
ss
renovations of national register buildings whde maintaining their designation, or other
disciplines related to historic preservation, who are residents of the City. Nonvoting, advisory
members) may be appointed to the Commission. Commission members shall serve without
compensation, except for reasonable expenses incurred in the performance of their duties.
Term: Voting members shall serve for a term of three (3) years; however, the initial term of
3)
three (3) members shall be for one (1) year; the initial term for two (2) members will be two
(2) years; and, the initial term for two (2) members will be three (3) years in order for the
initial -terms to be staggered -The term for nonvoting, advisory members shall be for three (3
years. Upon notice to the Commission Administrator of avacancy on the Commission, the
Administrator shall notify, in writing, the Mayor, the Clerk- Treasurer, and the President of the
Carmel City Council, of such vacancy. Any such vacancy shall be filled within ninety (90) days
of such written notice. When a vacancy occurs, the replacement shall serve for the dU2tlOn of
the term. The Initial appointments to the Commission shall be made within ninety (90) days of the
adoption of this Ordinance. At the conclusion of any term, the Commission member will
continue to serve until that member is either re- appointed or until the appointment and
approval of a replacement.
4) Removal: The members of the Commission serve at the pleasure of the Mayor and the Carmel
City Council. Either the Mayor or the Carmel City Council may remove, or revoke the approval
of, any member of the Commission for any cause.
a. By the Mayor: The Mayor may remove a member of the Commission by notifying the
member, in writing of the removal. The Mayor shall also provide such notification of
removal to the Presi dent of the Carmel City Council, and the Clerk- Treasurer.
b. By the Council: The Carmel City Council may revoke approval of the appointment of a
Commission member by a resolution, passed by a majority of the Carmel City Council at a
public meeting, revoking such approval. The President of the Carmel City Council shall
notify the Commission member at least seven (7) days prior to the meeting at which the i
Carmel City Council will vote on such resolution.
c. Upon the removal or revocation of approval of any Commission member, that Commission
member's position shall be considered vacant.
5) Commission Administrator. An administrator shall be designated by the Commission, subject toj
the approval of the Carmel City Council. The administrator shall provide staff assistance to the',
Commission, act as the Commission's secretary, and issue Certificates of Appropriateness as
directed by the Commission.The administrator does not need to be a resident of the City, but
must have extensive experience in matters pertaining to national register and national
his
landmarks issues, historic properties and districts, or have served on a presery ation
Commission in the past. The Commission administrator may be an employee of Historic
Landmarks Foundation of Indiana Inc., through its Community Assistance Program "CAP
6) Officers: The Commission shall elect from its membership a Chair, Vice Chair, and Treasurer
who shall serve for one (1) year and who may be re- elected.
7) Rules: The Commission shall adopt rules consistent with the purpose of this Ordinance for the
transaction of its business. The rules must include the time and place of regular meetings and
a procedure for the calling of special meetings (48 hour notice).
8) Meetings: Commission meetings must be open to the public in accordance with Indiana's Open
Door Law and a public record shall be kept of the Commission's resolutions, proceedings, and
actions. The Commission shall hold regular meetings, at least monthly, except when it has no
business pending. Special meetings may be called in a manner determined by the Commission
and its rules.
Section C Powers and Duties of the Commission
1) Focus: The Commission shall be concerned with those elements of development,
redevelopment, rehabilitation, and preservation that affect visual quality in a historic district,
which include but are not limited, to..viewsheds, landscapes: and streetscapes of historic
importance: The "Commission may not consider details of design, interior arrangements, or
building features, if those details, arrangements, or features are not subject to pubic view, and
may not make any requirement except for the.purpose.of preventing development, alteration,
or demolition in the historic district obviously incongruous with the historic district.
2) Surveys: The Commission shall conduct surveys and establish historic districts in accordance
with the provisions of Section D of this ordinance. The Commission may conduct additional
surveys, and draw and submit additional maps for approval by the Carmel City Council, as it i
considers appropriate.
3)�. Guidelines: The Commission may adopt .preservation guidelines and /or standards for
architectural review. If adopted, preservation guidelines and standards shall be published and
made readily accessible to the general public.
4) Funds: The Commission has the authority to receive funds in order to promote its stated
purpose. 111
5) Public Interest: The Commission shall promote public interest in historic preservation by
initiating and carrying on a public information and community education program.
6) Powers: The Commission, through this Ordinance, may:
a. Ac uire by purchase, gift, grant, bequest, devise, or lease any. real or personal property,
including easements, that is appropriate for carrying out the purposes of the Commission;
b. Hold title to real and personal property; and
C. Sell, lease, rent, or otherwise dispose of real and personal property at a public or private
sale on the terms and conditions that the Commission determines in the City's best
interests.
7) Property: The Commission shall establish procedures it shall follow in acquiring and disposing
of property.
Section D Historic Districts, Conservation Districts and Guidelines
1) Historic Districts: All recommendations for the establishment of a historic.district shall be in
the form of a written report and must be based on the criteria outlined in this Section. A
recommendation for establishing a historic district may be initiated from either of the following i
two (2) sources:
a. Based on its survey, the Commission may draw and submit historic district maps for City
Council approval; or
b. Owners of property in fee simple, wishing to establish a historic district which includes
their property, may petition the Commission to consider drawing and submitting a map or
maps of said property to the City Council for its approval. The Commission may establish
in its rules criteria to be met before it considers a petition.
2) Conservation Districts:
a. The Commission may recommend, and the City Council may provide that thel
establishment of a historic district shall occur in two (2) phases. The first phase, which continues for a
period of three (3) years from the date the ordinance is adopted, shall be a Certificate of
Appropriateness required for the following activities:
I. The demolition of any building;
ii. the moving of any building: or
iii. any new construction of a principal building or accessory building or structure subject
to view from .a public way.
b. At the expiration of the initial three (3) year period, the first phase of a conservation
district continues and the second phase does not become effective if a ma1•arity of the property
owners in the district object to the Commission, in writing, to the requirement that
Certificates of Appropriateness be issued for the following activities:
i. A conspicuous change in the exterior appearance of historic buildings by additions,
construction, alteration, or maintenance involving exterior color changes;
ii. A change in walls and fences or construction of walls and fences, if along public ways;
iii. A conspicuous change in the exterior appearance of non historic buildings subject to
view from a public way by'additions reconstruction, alteration, or maintenance
involving exterior color change.
c. The objections of a majority of the property owners must be received by the Commission
not earlier than one hundred eighty (180) days, or later than sixty (6(I) days before the
third anniversary of the adoption of the ordinance.
.3) Historic District Maps: In order to establish a historic district, the Commission shall first
prepare a map describing the district in accordance with the following:
a. The map shall be based on a survey conducted by the Commission which identifies historic
buildings, structures, and sites located within the City;
b. A district may be limited to the boundaries of a property containing a single building,
structure, or site;
C. The map may divide the district into primary and secondary areas as follows:
i. Primary Area: The principal area of historic and architectural significance; and
ii. Secondary Area: An area adjacent to a primary area which has a visual relationship to l
the primary area and could affect the preservation of the primary area. The purpose of
designating a secondary area is to assure its compatibility and harmony with an
adjacent primary area. Ir
4) Classification and Designation: The Commission shall classify and designate on the map all
buildings, structures and sites within each historic district described on the map. Buildings,
structures, and sites shall be classified as historic or non historic. Historic buildings,
structures, and sites shall possess identified historic or architectural merit of a degree warranting their i
Preservation. The Commission shall further classify and designate all buildings and structures i
within a proposed historic district as follows:
a. Outstanding;
b. Notable; or
c. Contributing.
_5) Non classified sites: Nan- historic buildings, structures, and sites are those not classified on the
map as historic. In lieu of other classifications, the Commission may devise its own system of
further classification of historic buildings, structures, and sites.
(NL 1/5/12 -5900671) (continued)
Prescribed by State Board of Accounts 900549- 5900787 General Form No. 99P (Rev. 2009A)
Federal 1D# 35- 2061385
CITY OF CARMEL- TOPICS LEGALS To: NOBLESVILLE STAR
INDIANAPOLIS NEWSPAPERS
307 N PENNSYLVANIA ST PO BOX 145
COUNTY, INDIANA INDIANAPOLIS, IN 46206 -0145
PUBLISHER'S CLAIM
Section L Paint Colors PP 1 st not exceed two actual lines neither of which shall
In an ordinance a roving the
establishmen t of historic district, the
Carmel City Counci l ma exclude four solid lines of the type in which the body of the
y
changes in paint colors from the
activities requiring the issuance of a set). number of equivalent lines
Certificate of Appropriateness under
Section F of this Ordinance before a 1CS
permit may be issued or work begun.
Section M Interested Parties ieS
1) Right to Enforce: An interested I
party has a private right of action S
to enforce and prevent violation
of provisions of this ordinance or lines in notice
an ordinance adopted by the City
under this ordinance, and with
respect to any building, structure,
or site within a historic district,
and has the right to restrain,
enjoin, or enforce by restraining '!ARLES
order or injunction, temporarily or
permanently, any person from
violating a provision of this l mns wide equals 502.0 equivalent lines at .471
ordinance or an ordinance
adopted under this ordinance. 236.24
2) Irreparable Harm: The interested
party does not have to allege or notices containing rule and figure work (50 per cent
prove Irreparable harm or injury
to any person or pproperty to
obtain relief underthis section.
3) Bond: The interested part ofs of publication ($1.00 for each proof in excess of two) .00
briog ing an action under this
section does not have to post a NT OF CLAIM 236.24
bond unless the court, after a
hearing, determines that a bond
should be required in the interest
of justice. G COST
t 4) Good Faith: The interested party 1
that brings an action under this nn 5_8 ems Size Of type 7
section is not liable to any person
for damages resulting from 1 .0
bringing or prosecuting the action
unless the action was brought
j without good faith or without a
reasonable belief that a provision
of this ordinance, or an ordinance
adopted by a unit under this
ordinance, had been, or was ions and enalties of IC 5- 11 -10 -1 1 hereby certi that the f
about to be violated. I) y f i
g g account is
5) Attorney Fees: An interested nount claimed is legally due, allowi ust credits and that no art of the same
party who obtains a favorable judgment g y ue ow g p
in an action under this section
may recover reasonable attorney
fees and court costs from the
person against whom judgment
was rendered.
6) venue: An action arising under printed matter attached hereto is a true copy, of the same column width and type size,
this section must be brought in
the Hamilton County Circuit or in said paper 1 times. The dates of publication being between the dates of:
Superior Court and no change of i
venue from the county shall be
allowed in the action.
7) Available Remedies: The remedy j
provided in this section is in
addition to other remedies that I
may, be available at law or ins
e checked below is true and correct:
Section N. Enforcement, Penalties, and
1" UNE Review
1) Penalty: Any person, whether as ye a Web site.
principal, agent, owner, lessee,
tenant, contractor, builder,
architect, engineer, or otherwise,
who shall be subject to this
O itte and this public notice was posted on the same day as it was published in
fine as follows for each offense:
a. Not less than ten dollars
($10.00) nor more than Two 1 tte, but due to a technical problem or error, public notice was posted on
dol ($$2,500.00) Hundred ite but refuses to post the public notice.
demolition; Seven
b Thousand a Five Hundred
dollars ($7,50 subquent
second
violation. Ten Dollars
Not less thar
c. ($10.00) nor more than Three
Hundred Dollars ($300.00) for
all other offens day of the
2) separate Offense:
existence of any violation of this
ordinance shall be a separate
offense. er ection Title: Clerk
1 3) Nuisance: The enlargement,
1 construction demohYion
alteration, repair+ or
color change, moving, building.
1 maintenance of urtenance which
structure, or apP or main tained
is begun, cont I ued macs of this
contrary to any p declared to
ordinance is hereby,
be a nuisance and in violation of this
ordinance and unI The City ,riiaY
q) Inlun�e Relief:
i
ton a County r C �c ion or in I
the superior Courts .to restrain any t
overnment unit from e
w
N UM person or 9 f this
�Inlatinq any Provision o such
violation to be P}eventeo, r °.z
or removed. Such action may also s
WW
be instituted by any prop
owner who is adversely affected
by the violation of any p r o v i s i o n
of this chapter. Further, the
Commission is authorized to seek
an injunction against the City to
g revent the issuance of any
uilding permits or Certificates of
Occupancy to any individual,
builder, or pImciple of a
corporation found to' have
committed a second or
subsequent violation of this
Ordinance.
5) Cumulative Remedies: The
remedies provided for in this
section shall be cumulative and
not exclusive: and shall be in.
addition to any other remedies
provided bylaw.
6) Appeal: Any person or party �I
aggrieved by a final decision or
action taken by the Commission
shall be entitled to �an initial I
appeal to the Carmel City Council. I
Such appeal shall be initiated
within fourteen (14) days of the
final decision of the Commission
by the aggrieved party or person.
Such appeal will suspend the
Commission's otherwise final
decision until the appeal is heard
by the Carmel City Council. The
request for appeal shall be,
submitted, in writing, to the
Clerk Treasurer and the President I
ofthe. Carmel City Council. The Carmel
City Council shall, within forty-
five (45) days of the written request
for review, at a public meeting„
allow the aggrieved person or
h arty and the Commission to be
eard as to the propriety of the
Commission's decision. The
Carmel City Council may modify,
'affirm, or reverse the
Commission's decision by a
resolution supported by a
majority vote. If the Carmel City Council is
unable to pass such a resolution,
the original decision of the
Commission shall become the
final decision. After such an
appeal, the decision of the
Commission or the resolution of
the Carmel City Council, as the
case may be, shall be the final
decision of the Commission,
subject to judicial review under
I.C. 36- 7- 11 -4(h), as if such
decision -was a -final decision by a
board of zoning appeals in
accordance with I.C. y 36 4-
1016.
I Section O Severabilitjf
If any section, clause, provision, or
portion of this ordinance is adjudged
unconstitutional or invalid by a court of
competent jurisdiction, the remainder of
this ordinance shall not be affected."
Section 3. All other current provisions of City
Code Chapter 2, Article 5, shall remain in full
force and effect.and are not affected by this
Ordinance.
Section 4. All prior ordinances or parts
thereof inconsistent with any provision of
this Ordinance are hereby repealed, to the
extent of such inconsistency only, as of the i
effective date of this Ordinance. However,
the repeal or amendment by this Ordinance
of any other ordinance does not affect any
'rights or liabilities accrued, penalties
incurred or proceedings begun prior to the
effective date of this' Ordinance. Those
rights, liabilities and proceedings are
continued and penalties shall be imposed
and enforced under. such repealed or
amended ordinance as .if this Ordinance had
not been adopted.
Section 5. If any portion of tt4s\Ordinance is
for any reason declared to be
unconstitutional or invalid, such decision
shall not affect the validity of the remaining
portions of this Ordinance so long as
enforcement of sarre.can be'given the same
effect.
Section 6. This Ordinance shall be in full
force and effect from-and after its passage
and signing -by the Mayor 'and- such
publication as is required by law.
PASSED by the Common Council of the City
of Carmel, Indiana, this 19th day of
December, 2011, by a vote of 6 ayes and 1
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
/s /W. Eric Seidensticker /s /Joseph C. Griffiths
Presiding Officer
/s /W. Eric Seidensticker, /s /Kevin Rider
President Pro Tempore
/s/John V. Accetturo /s /Richard L. Sharp
OPPOSED Ronald E. Carter /s /Luci Snyder
ATTEST: /s /Diana L. Cordray, IAMC, Clerk- I
Treasurer
Presented by me to the Mayor of the City of
Carmel, Indiana this 20th day of December,
2011, at 2:59 P.M.
Diana L. Cordray, IAMC, Clerk- Treasurer
Approved by me, Mayor of the City of
Carmel, Indiana, this 28th day of December
2011, at 9:25 A.M.
/s /James Brainard, Mayor
ATTEST: /s /Diana L. Cordray, IAMC, Clerk
Treasurer
(NL 1/5/12 5900787)
Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995)
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
Total
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6.
20
Clerk- Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
IN SUM OF
ON ACCOUNT OF APPROPRIATION FOR
Board Members
PO# or INVOICE NO. ACCT #/TITLE AMOUNT
DEPT. I hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
20
Signature
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund