HomeMy WebLinkAboutZ-580-13 Old Town Overlay Demolition Sunset Amendment Sponsor: Councilor Rider
ORDINANCE Z-580-13
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance extending the sunset provision on the process for demolition of contributing buildings in the
Old Town District Overlay Zone in the Carmel Zoning Ordinance
WHEREAS, 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
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. 13080010 OA having received a favorable
recommendation from the Carmel Advisory Plan Commission on Tuesday, September 17, 2013, 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 baemolished:
i. Stnicturd1conditiiirrs po'e aii in it inent safety hazard.
ii. An advanced state of dilapidation or fire damage would make it unfeasible to repair
the building for any reasonable economic use.
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Ordinance Z-580-13
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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 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.
iii. 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.
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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.)
d. 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.
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.
f. Sunset Provision. The provision of this subsection, 23D.02.B.5, as amended per ordinance Z-
523-08, shall expire on December 31, 2014.
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.
1JF )pt er
PASSED by the Common Council of the City of Carmel, Indiana this ` day of U
2013, by a vote of 7 ayes and C nays.
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Ordinance Z-580-I3
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COMMON COUNCIL FOR THE CITY OF CAR ' ,
4, / --,_„__La Presng Officer evin D. Rider
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Richard L. Sharp, Pres' ent Pro Tempore Carol Schleif
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Ronald E. Carter W. Eric Seidensticker
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Su- kam Luci-'nyder
ATTEST:
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Diana L. Cordray, IAMC, Clerk-Tr-u surer
Presented by me to the Mayor of the City of Carmel, Indiana this S day of
2013, at /.-0.c-
.0.5 P.M.
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i�.A..:J.1 .∎ �i ' !',
Diana L. Cordray, IAMC, Clerk-T easurer
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Approved by me, Mayor of the City of Carmel, Indiana, this s� day of
iv o0 Elm k 1e-- 2013, at v _.M.
J/rnes Brainard, Mayor
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ATTEST:
Xtii-71A0A)
A f` y
Diana L. Cordray, IAMC, Clerk- ,l-easurer
Prepared by:
Adrienne Keeling,Planning Administrator,One Civic Square,Carmel, EN 46032
10/07/2013
Ordinance Z-580-13
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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
ORDINANCE
Z-580-13
Amend the Carmel Zoning Ordinance,
Chapter 23D: Old Town District Overlay Zone
in order to enact a 1-year extension to the sunset clause
on the process of demolition of
Contributing Buildings in the Overlay
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Cannel Plan Commission offers you the following report on the application (Docket
No. 13080010 OA: Old Town Overlay Demolition Sunset Amendment 2013), petitioning
the Commission for a favorable recommendation to enact a 1-year extension to the sunset
clause.
The Cannel Plan Commission's recommendation on the petition of the applicant is
`Favorable."
At its regularly scheduled meeting of September 17, 2013, the Cannel Plan Commission
voted Ten (10) in Favor, Zero (0) Opposed, One (1) Absent, to forward to the Common
Council the proposed Ordinance No. Z-580-13 with "Favorable."
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 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
the Certification is Wednesday December 18, 2013.
CARMEL PLAN COMMISSION
BY:,--Wk Q �VvC9
Steven R. Stromquist, President
ATTEST: : 12 4, V OZ d3S fife
Lisa Motz, Secretary
Cannel Plan Commission
Dated: September 20, 2013