(A) Improvement Location Permits.
(1) Scope. No building or other structure shall be erected, moved, added to, or structurally altered; nor shall any building, structure, or land be established or changed in use without an improvement location permit issued by the Director of Planning and Development. A permit shall be issued by the Director of Planning and Development upon finding that the proposed use complies with the requirements of this chapter or upon written order from the Board of Zoning Appeals deciding an appeal, conditional use, or variance; or from the Common Council approving a Planned Unit Development, as provided by this chapter. Such permit shall be posted on or near the structure during the entire duration of construction and shall be the original card issued by the Director of Planning and Development.
(2) Application for Improvement Location Permit. Applications for Improvement Location Permits (ILP) shall be filed in accordance with the requirements of § 159.040. An ILP for the installation of infrastructure and/or grading, erosion, or other similar land activities shall be required to obtain approvals from the various Technical Advisory Committee members prior to a request for a Pre- Construction meeting. The information required for a Pre-Construction meeting includes but is not limited to performance bond submittals, certified grading plans, construction plans, and other documentation as may be necessary for the release of the ILP.
(a) For all non-residential construction projects, multi-family construction projects, and those projects as deemed necessary by the Director of Planning Development or the Engineering Department, a Pre-Construction Committee meeting is required.
(b) Contact the Engineering Department for scheduling of a pre-construction meeting. At a minimum, seven business days prior to the scheduled meeting, the following information shall be submitted as per the Pre-Construction Meeting Protocol Sheet. The following items are required to be submitted and/or approved prior to the actual Pre- Construction meeting:
1. A PDF copy of all civil drawings approved by the Technical Advisory Committee.
2. A copy of the Technical Advisory Committee approval letter(s).
3. A copy of the Geographic Information System (GIS) approval letter.
4. A copy of the MS4 approval letter.
5. A copy of the Indiana Department of Environmental Management (IDEM) approval letter for sanitary sewers.
6. A copy of the County Surveyor's "indirect" or "direct" outlet permit, regarding any County Legal Drains.
7. A copy of all conveyance documents for off-site easements and/or public right-of-way.
8. A check payable to the City of Noblesville for pre-paid engineering inspection fees.
9. A certified construction cost estimate prepared by a professional engineer or land surveyor detailing each individual infrastructure item to be bonded and its associated costs (e.g. surface, binder, stone, sub-base).
10. Original performance bond(s) in the amount of 110% of the construction cost estimates for all public infrastructure improvements. This includes but is not limited to sidewalk/trails, driveway approaches, and/or entrance/deceleration lane improvements.
11. A. Residential development.
i. Three sets of full-sized scaled drawings as per the approvals above.
ii. Two sets of 11 x 17-inch scaled drawings.
iii. One PDF of the approved scaled drawings submitted on a disk or other acceptable media.
B. Non-residential development.
i. Three sets of full-sized scaled drawings as per the approvals above.
ii. Two sets of 11 x 17-inch scaled drawings.
iii. One PDF of the approved scaled drawings submitted on a disk or other acceptable media.
(3) Permits for Industrial Uses. An application for an Improvement Location Permit for an enclosed industrial use or an open industrial use shall be accompanied by a "Certificate of Compliance" subscribed by a registered professional engineer or architect, certifying that the use intended will satisfy the standards of the enclosed industrial use or the open industrial use, as the case may be, and in the District in which it is to be located. The Director of Planning and Development or his or her designee may take ten working days in which to study the application, during which time he may consult with appropriate technical consultants. If after the ten working days period the Director has not required any additional information or stated any objections in writing, the Director of Planning and Development or his or her designee shall issue the Improvement Location Permit.
(4) Submission to State or Local Highway Department. Before any improvement location permit is issued which affects any land within 300 feet of the centerline of a proposed highway or a highway for which changes or improvements are proposed, or within 500 feet of the intersection of the aforementioned highway and any other public road or street, the Indiana Department of Transportation (INDOT) and/or any local or county highway departments must be notified by the applicant and comments or suggestions received back from same. Such permit shall be posted on or near the structure during the entire duration of construction and shall be the original card issued by the Director of Planning and Development.
(5) Action by Department of Planning and Development.
(a) Upon receipt of a properly completed application for a Improvement Location Permit, the Director of Planning and Development shall forthwith transmit such application to the Technical Advisory Committee for its review subject to § 159.041.
(b) Within five working days after the receipt of the report and recommendations of the Technical Advisory Committee, the Director of Planning and Development shall either approve or disapprove the application. One set of the plans shall be returned to applicant by the Director of Planning and Development and be marked either "approved" or "disapproved", and the Director of Planning and Development's signature on the copy should attest. One set of the plans, similarly marked, shall be retained by the Director of Planning and Development. If the application is approved, the Director of Planning and Development shall issue a placard to the applicant. It is to be posted in a conspicuous place on the property in question and will attest to the fact that the plans for construction or alteration are in compliance with the provisions of the state building rules and regulations. If disapproved, the Director of Planning and Development shall notify the applicant indicating the reasons in writing within ten days.
(6) Expiration of the Improvement Location Permit. The work or use authorized by any Improvement Location Permit must be commenced within six months of the date of issuance of such permit, otherwise the same shall lapse and be and become null and void. All work so authorized shall be completed within 24 months from the issuance of the permit, and provided that for good cause shown the Director of Planning and Development may extend the work completion time.
(8) Limitation on Improvement Location Permits. Improvement location permits issued on the basis of plans and applications approved by the Director authorize only the use or arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangements, or construction. Any use, arrangement, or construction contrary to that authorized shall be deemed a violation of this chapter and be punishable under the provisions of §§ 159.240 through 159.248 and 159.999.
(9) Records of Improvement Location Permits. Every Improvement Location Permit issued pursuant to division (A)(3) of this section shall be kept on file in the Office of the Director of Planning and Development and shall be a public record.
(B) Building Code and Building Permits.
(1) Purpose. The City Building Code is intended to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, maintenance, electricity, plumbing, heating, ventilation and air conditioning of all public and private buildings or structures within the corporate limits of the City of Noblesville, Indiana, and within the area which is within the jurisdiction of the Noblesville City Plan Commission. The creation of the Office of Building Commissioner provides for the issuance of building permits, the collection of fees therefor, and a penalty for the violation thereof.
(2) Title. This section shall be known and may be cited as the "Building Code of Noblesville, Indiana."
(3) Content of Building Code. Certain documents, copies of which are on file in the Office of the Department of Planning and Development, and the Office of the Clerk of the City of Noblesville, Indiana, the Indiana Department of Homeland Security, Fire and Building Safety Division, Indianapolis, Indiana being marked and designated as General Administrative Rules 675 IAC 12, Indiana Building Code 13, Indiana Residential Code 14, Indiana Industrialized Building Systems 15, Indiana Plumbing Code 16, Indiana Electrical Code 17, Indiana Mechanical Code 18, Indiana Energy Conservation Code 19, Indiana Swimming Pool Code 20, Safety Code for Elevators, Escalators, Man Lifts and Hoists Code 21, Indiana Fire Code 22, Indiana Amusement Device (Recreational Facilities) Code 23, Indiana Supplementary Fire Safety Rules Code 24, and Indiana Fuel Gas Code 25, and Indiana Visibility Rule 27 be and the same are hereby adopted as the Building Code for regulation, the erection, construction, enlargement, alteration, repair, moving, removal, maintenance, fire prevention and safety, electricity, plumbing, heating, ventilation and air conditioning of all public and private buildings and structures within the Jurisdiction of the Noblesville Plan Commission as set forth herein; and all rules and regulations as provided by the Fire Safety Division of the Indiana Homeland Security as above referenced to, as now on file in the Offices referred to and are hereby adopted including all amendments by the Fire and Building Safety Commission and made a part hereof as if fully set out in this Code.
(4) Building Permit Required. No persons, firms, or corporations shall erect, construct, enlarge, alter, move, remove, improve, convert, or demolish any building or structure within the Jurisdiction of the Noblesville City Plan Commission, or cause the same to be done, until first having obtained a separate building permit for each such building or structure from the Director of Planning and Development, who may require plans thereof, together with a statement of materials to be used.
(5) Application for Permit.
(a) To obtain a permit, applicant must first file an application therefor, on forms to be furnished by the Director of Planning and Development, and every applicant shall complete all information requested on said form.
(b) Each application for a permit shall be accompanied by the following:
1. Residential Projects.
a. Construction (civil) plans;
b. Three development plans and legal description;
c. 2012 Energy Code Compliance;
d. For projects within the city limits, a copy of the approved sewer/driveway permit or
e. A copy of the approved septic permit and a copy of the approved driveway permit;
f. For projects within the territorial jurisdiction of Noblesville, a copy of the approved septic permit and a copy of the approved driveway permit from Hamilton County;
g. One complete Portable Document Format (PDF), Version 7 or later, of all required documents and paperwork provided through a file hosting system such as Drop Box, or on a CD, DVD, or other similar media that is filed at the time the application is submitted to the Planning Department. Review by Planning and Engineering Staffs of the submitted documentation shall not begin until the digital formatted items are received by the Planning Department.
2. Commercial Projects.
a. Digital PDF's only unless otherwise noted below;
b. Two copies of the development (site) plan including the legal description;
c. Two copies of the landscaping plan including both botanical and generic names of plants, heights, calipers, and gallon sizes of plants at the time of planting. Include the location of both underground and above ground utilities. For above ground utility lines, indicate the type of line i.e. transmission or distribution.
d. One full set of color elevations of the building exterior (front, both sides, and rear) including the labeling of building materials, colors, and height.
e. Roof Truss Certification for One and Two Family Structures shall be as per local ordinance as required by State of Indiana, Section R802.10.1 and shall include the following:
1. Truss design drawings must have lot number and subdivision stated on packet
2. Truss design drawings shall be dated within the code-cycle that is in effect and be clear and readable.
3. Truss design must comply with ANSI/TPI 1-2002
4. Trusses shall be designed in accordance with accepted engineered practices.
5. Truss design drawings shall be certified by a registered architect under I.C. 25-4 or a professional engineer registered under I.C. 25-31.
6. Wind uplift rating must be on truss specifications.
7. Locations noted on truss design drawings where permanent member bracing is required by the manufacturer or design professional.
f. For single-family and two-family dwellings, the site plan shall include the standard information as defined in the Unified Development Ordinance and the following additional information. The drawing shall be titled "Site Plan and Pre- Construction Elevation Certificate. Information required on the updated submitted site plan includes both "existing" and "proposed" grades for the structure, lot, and drainage swales, adjacent pond 100-year flood elevations; finished floor elevations of the proposed structure; all window wells and/or ingress/egress areas from the basement area including elevations; the finish floor elevations for structures on adjacent lots or the proposed pad elevations for those adjacent lots without structures; and spot grade elevations for those adjacent structures. A "typical driveway construction profile" as per the Noblesville Construction Standards and drive slope calculations are required on the submittal including the profile of the grade on the driveway elevation. Any and all Flood Hazard Statements, base flood profiles, floodway/floodway fringe/flood hazard area lines, etc. Include the subdivision restrictions for all yard setbacks and/or aggregate side yards, finished floor elevation including pad grade, garage finished floor elevation, basement finished floor elevation, residential finish first floor elevation and any notes pertaining to the garage finish floor elevation and its height above the curb at the drive, and all ground cover calculations including drive, public walks, private walk, sod, and hydro seeding. Additional information may be required from either the Planning Department or Engineering Department under certain circumstances. The following certification statement:
“I certify that the elevations shown as "existing" grades were existing on (insert date), prior to the construction of the house and lot improvements and prepared for the benefit of the parties indicated hereon and for the purpose of obtaining approval for the "Building Permit." It is my opinion that if the proposed finish grades are constructed as shown, the surface drainage on the subject lot will be satisfactory for residential construction. This plan was compiled based on documents prepared by others and the (insert your company's name) assumes no liability for the accuracy, completeness, or acceptance of those documents. This drawing is not intended to be represented as a retracement or original boundary survey, a route survey, or a surveyor location report."
Include "Notes: The drawing is based on (fill in the blank with one or all including but not limited to construction plans, record drawings, type of survey). Your company's name detailing any warranties to the accuracy or sufficiency of the construction plans or record drawings and any discrepancies.
Upon completion of the improvements and prior to the issuance of a temporary and/or final Certificate of Occupancy, a "Post Construction Elevation Certificate" shall be submitted to the Planning Department to verify all information submitted on the "Site Plan and Pre-Construction Elevation Certificate".
As per the submitted 'Site Plan and Pre-Construction Elevation Certificate', the finished floor elevation of the proposed structure shall not be greater than three feet (+/-) above the required height of the finished floor elevation (15-inches) as measured from the lowest point of the top of the back of curb as per the 'Grading and Building Pad Elevation - Section 105.02' of the City of Noblesville Stormwater Technical Standards Manual as adopted and amended unless otherwise approved by the City of Noblesville's Engineer for warranted circumstances particular to said structure/parcel.
g. One copy of the State Release Letter.
h. One completed Road Impact Fee Calculation Request.
i. One complete Portable Document Format (PDF), Version 7 or later, of all required documents and paperwork provided through a file hosting system such as Drop Box, or on a CD, DVD, or other similar media that is filed at the time the application is submitted to the Planning Department. Review by Planning and Engineering Staffs of the submitted documentation shall not begin until the digital formatted items are received by the Planning Department.
(c) Building Construction Plans including structural, architectural, mechanical, plumbing, and electrical shall be submitted with application. Fire sprinkler systems and fire alarms systems may be submitted after the issuance of the building permit and should include a digital copy of the plans to the Building Commissioner and the Fire Marshal.
(d) No building permit shall be issued until such time notification has been received from the Water Utility for the project stating the water lines have been accepted and are in service, the fire hydrants have been accepted by the Fire Marshal, and streets, curbs, gutters, sanitary sewers storm sewers and like infrastructure have been constructed to the Noblesville standards and accepted/approved by the City Engineering Department or other governing utility. This applies to each section of a subdivision or approved development plan in which structures are being constructed.
(e) For all Class 1 (Commercial) and Class 2 (Single- family and Two-Family) structures should “advanced structural components” be used as per Senate Enrolled Act No. 393, additional information is required to be submitted as a part of the building application per I.C. 22-11-21.
(f) Pre-con meeting correspondence.
(g) Detached single-family, attached single-family, and two-family structures.
1. Vinyl siding shall be premium grade vinyl siding and shall have a minimum thickness of 0.050 inches and shall comply with the American Society for Testing and Materials (ASTM) Standard Specification for rigid poly-siding (ASTM D3679). All siding shall be Class 1 as listed in this standard. The minimum length of uncut siding pieces shall be twelve (12) feet. The installer shall make every effort to minimize the number of joints and to keep the length of installed siding pieces to twelve (12) feet. Additionally, the selected vinyl materials shall not be a smooth finish in both siding and trim.
2. On “gable end trusses” that are constructed out of two by four-inch (2” by 4”) dimensional lumber installed vertically at sixteen-inch (16”) on center or greater spacing and where the vertical two by fours (2 by 4’s) are ten feet (10’) or greater in length, the builder shall install a “strongback” and/or T-brace on the attic side of the truss, approximately at mid-span of these vertical two by fours (2 x 4's) to serve as an added support mechanism to stop bowing of the vertical two by fours (2 by 4’s) and the vinyl siding attached to it. Roof Truss Certifications shall include the additional bracing as noted in this division.
(6) Procedure.
(a) Application. Applications for a Building Permit shall be filed in accordance with the requirements of § 159.040.
(b) Fees.
1. No permit shall be granted by the Director of Planning and Development, until all applicable fees pertaining to that permit have been paid in full.
2. No permit shall be granted by the Department of Planning and Development until all fees owned by the applicant to the City of Noblesville have been paid in full. This requirement shall apply not only to fees specified in § 159.045(B)(1) above, but shall also include all fees owed on any permit previously issued to the applicant. A schedule of payment of all owed fees provided by the applicant to the satisfaction of the Director of Planning and Development shall satisfy the requirement of this section in lieu of payment in full.
3. No part of any filing fee paid pursuant to this subchapter shall be returnable to the applicant.
4. The Building Permit fees include the Improvement Location Permit fee for those applications listed in § 159.045(A).
(c) No permit shall be issued until parcel identification is posted on the site. This identification shall be clearly visible from the road on which the property achieves access and must include street address and/or lot number.
(d) Lot identification number, structure address number, and building permit shall be established on a two inch by four inch post, a minimum of five feet to a maximum of 6½ feet in height above the ground level, with the following 8½ inch by 11 inch laminated permit/identification items. Top posting is building permit, next is the lot number, and third is the address numbers. These laminated permit/identification items will be given to the individual who obtains the building permit and must be posted between ten to 15 feet behind the street pavement or curb line and must be posted by the time of the first inspection. Once the home is weather-tight (felt paper on roof), then the building permit/identification cards shall be moved to the inside of the house and placed in a window facing the street. The identification/permit must be clearly visible from the road and must remain posted until such time the house number is permanently attached to the structure or mailbox adjacent to the road and final inspection is approved.
(7) Penalties.
(a) If construction has commenced prior to obtaining permit or payment of fees, penalties may be assessed pursuant to § 159.999.
(b) Also, any person who shall initiate construction prior to obtaining a Building Permit (or a Certificate of Occupancy) or any other permit required, shall pay twice the amount of the filing fee set forth herein.
(c) The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, realtor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(8) Deadline for obtaining permit once filed. Any permit shall be considered null and void unless all applicable fees have been paid in full within 90 days from the date a permit is approved by the Department of Planning and Development.
(9) Fees for renewing permits. In the event that a building permit is commenced but not completed in the time frame established by this chapter, it will be necessary for the applicant to renew the permit at the end of the prescribed time frame. The fee that shall be collected for this renewal shall be equal to 50% of the building fee originally paid for the permit. This fee must be paid prior to the issuance of the renewed permit.
(10) Appeals. Any person may appeal any decision of the Director of Planning and Development or anyone acting under his or her supervision in the enforcement of this chapter to the City Board of Zoning Appeals.
(C) Certificate of occupancy.
(1) Scope. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued by the Director of Planning and Development. The certificate of occupancy shall state that the proposed use of the building and/or land conforms to the requirements of this chapter and that the Director or his representative has inspected the property and attested to that fact.
(2) Application for certificate of occupancy. Applications for certificates of occupancy shall be filed in accordance with the requirements of §159.040.
(3) Change in use. No change shall be made in the use of land, except as provided in this chapter or the use of any building or part thereof, now or hereafter erected, reconstructed, or structurally altered, without a certificate of occupancy having been issued by the Director of Planning and Development; and no such certificate shall be issued to make such change unless it is in conformity with the provisions of this chapter.
(4) Change of occupancy. No persons, firms, or corporations shall move into or occupy any nonresidential structure or land, new or existing, without first obtaining a certificate of occupancy from the Department of Planning and Development.
(5) Completion time. The work or use authorized by any improvement location permit, conditional use permit, variance permit, building permit, or other permit must be commenced within six months of the date of issuance of such permit(s), otherwise the same shall lapse and be and become null and void. All work so authorized shall be completed within 24 months from the issuance of the permit therefor, and if for good cause shown the Director of Planning and Development may extend the work completion time as per § 159.041(H).
(6) Issuance of certificate of occupancy. Certificates of occupancy may be issued by the Director of Planning and Development within ten days after notification by the applicant that the lawful erection, reconstruction, or structural alteration of such building or other improvement of the land shall have been completed and the finding of the Director that such erection, reconstruction, or structural alteration is complete and all required inspections were approved including those required by the Building, Planning, Engineering, MS4 Division, GIS, and other departments as may be required.
(7) Enforcement. In case any building, structure, or property is, or is intended to be erected constructed, reconstructed, altered or converted, or any building, structure, or property is, or is intended to be used in violation of, or contrary to the provisions of this chapter, the Director of Planning and Development is hereby authorized, in addition to other remedies set forth in the Statutes of the State of Indiana and in this chapter, to institute an action to enjoin, or any other appropriate action or proceeding to prevent such erection, construction, alteration, conversion, or use.
(8) Sewage disposal. An application for an improvement location permit for any use shall not be approved until it has been ascertained by the Director of Planning and Development or his or her designee that the proposed use and minimum lot size and width meet the minimum standards for a sewage disposal system as required by the Hamilton County Health Department, the Noblesville Board of Public Works and Safety, other licensed centralized waste collection entities of appropriate jurisdiction, and as otherwise required by this chapter.
(9) Temporary certificate of occupancy. When the improvement covered by the issued permit has been completed in substantial conformity with the architectural plan, site plan and/or development plan submitted with the application, a temporary certificate of occupancy may then be issued. For non-residential structures, the temporary certificate of occupancy shall permit the stocking, shelving, furniture installation and similar activities but not the utilization of the building for general public use or the term "Open for Business." For residential structures, a temporary certificate of occupancy does permit the occupying of the structure in most instances. All temporary certificates of occupancy are valid for a period not exceeding 30 days except as otherwise noted in this chapter. At the end of the 30 days, all unfinished items shall be completed and re-inspected for total compliance with the issued permit and submitted plans. The Director of Planning and Development may grant a one-time extension not exceeding 30 days for unusual or unique circumstances.
(10) Final certificate of occupancy. For commercial projects, no FINAL certificate of occupancy will be issued to occupy the structure until such time the GIS submittal (as-built infrastructure), per the Noblesville GIS requirements, has been submitted and approved and all building and site conditions have been inspected and approved as per the issued permit. The above applies to the overall residential subdivision and/or planned development and not individual lots. In addition, for commercial projects, the Fire Department GIS submittal of “as-built building plans” per the specifications shall be submitted and accepted.
(11) Records of certificate of occupancy. Every certificate of occupancy issued pursuant to division (C) of this section shall be kept on file in the Office of the Director of Planning and Development and shall be a public record.
(D) Demolition permits.
(1) Scope. A demolition permit shall be obtained prior to a structure being removed and/or destroyed to the ground.
(2) Application for a demolition permit. An application for a demolition permit shall include:
(a) A completed application for a building permit signed by all owners of the property;
(b) A single copy of a sketch plan drawing (informal) or aerial photographs, including the general locations of all existing structures on the real estate, highlighting or identifying the structure(s) to be removed;
(c) A written statement as to the removal of the demolished materials and the intended use of the area [the place where the demolished materials are being located (hauled)];
(d) A signed copy of the "Demolition Permit Requirements Application" concerning the existing well, septic systems, sanitary sewer, and/or fuel tanks.
(e) Written proof of disconnection from utilities such as gas, water, and/or electric.
(f) If a structure is to be rebuilt in its place, a sketch plan drawing of the new structure.
(3) Application for demolition within the Downtown Protection Boundary. In addition to the information required in division (D)(2) above, all structures larger than 400 square feet to be demolished within the demolition area defined as the “Downtown Protection Area”, which is generally depicted in Appendix I of this chapter, shall be presented to the Plan Commission for a certificate of authorization, and to the Common Council for approval of the certificate of authorization. The Downtown Protection Area is more particularly defined as the area within the following boundaries: beginning at the intersection of the north-south alley between 11th and 10th Streets and Harrison Street, continuing in a westerly direction to White River, thence south to Maple Avenue, thence east to 6th Street, continuing south along 6th Street to Cherry Street, thence westerly to 6th Street, continuing south along 6th Street to Hannibal Street, thence easterly to 7th Street, thence south to Division Street, thence continuing easterly along Division Street to 11th Street, thence north to the east-west alley between Conner Street and Maple Avenue, thence continuing in an easterly direction to 17th Street, thence continuing in a northerly direction to the east-west alley between Logan and Conner Streets, thence continuing in a westerly direction to the north-south alley between 10th and 11th Streets, thence continuing in a northerly direction along the north-south alley between 10th and 11th Streets to the place of beginning. For any demolition of a structure larger than 400 square feet within the Downtown Protection Area, the following process shall apply:
(a) The presentation to the Plan Commission of the request for demolition of a structure more than 400 square feet in size within the above-described boundary shall be scheduled upon the submission of a complete application. The application will be considered at the next meeting of the Plan Commission, upon which the applicant may comply with the applicable notice requirements.
(b) Within the described Downtown Protection Boundary, there is an area where preservation of the existing facades that contribute to the historic character of our community is of utmost importance, shown in Exhibit (D)(3)(b) below. Demolition of a structure within the area highlighted in Exhibit (D)(3)(b) shall only occur if all of the following apply:
1. No means of construction exists that allows the facades of the existing structures to remain through integration into new construction;
2. Irreparable damage has occurred to the facade to an extent that cannot be fixed in a fiscally reasonable manner; and
3. The proposed new structure incorporates architectural styles and elements identified in the original application for inclusion on the National Register of Historic Places that may be found in the National Archives Catalogue. The architectural styles and elements must be listed in these documents as contributing to the overall character of the district, and shall be used in structures surrounding the proposed new construction.
The above-referenced criteria in division (D)(3)(b)1. and 2. above shall not be applicable to any structure that is highlighted within Exhibit (D)(3)(b) as a non-contributing structure. However, any new structure shall be subject to division (D)(3)(b)3. above. Non-contributing-structure information was taken from the original application for listing on the National Register of Historic Places.
Exhibit (D)(3)(b)
(c) The Plan Commission shall hold a public hearing and determine whether a certificate of authorization shall be issued. The Plan Commission shall consider the following factors:
1. Is the existing structure an imminent threat to public health and safety?
2. Does the proposed demolition serve a greater public purpose?
3. Is the structure proposed for demolition a historic landmark or a building within a historic district that contributes to the district character?
4. Does the proposed new construction on the site of the demolition fit the established or intended character of the area?
(d) When the applicant or property owner cannot establish the need for demolition under the findings above, the Plan Commission may, when requested by the property owner, consider evidence of the economic impact on the owner of the denial of the certificate. A certificate may not be denied if it is established that the denial will deprive the owner of any reasonable economic use of the structure, and there is no viable or reasonable alternative that would have less impact on the features of significance.
To prove the existence of a condition of unreasonable economic return, the applicant must establish, and the Plan Commission must find in the affirmative one of the following conditions:
1. No economically viable use of the property exists;
2. The cost to repair the structure exceeds the fair market value of the property;
3. The property is not marketable or able to be sold when listed for sale or lease.
(e) If rehabilitation or restoration are feasible and the structure is not an imminent threat to the public health or safety, a citizen or community organization may request the Plan Commission place a 90-day hold on the forwarding of a recommendation on a certificate of authorization to provide the person or the group with an opportunity to identify and evaluate alternatives to demolition. If at the end of the 90-day hold no alternatives to demolition have been established, the Plan Commission shall issue a certificate of authorization to the applicant.
(f) Once the certificate of authorization is issued, the matter shall be heard by the Common Council for approval at its next regular meeting. In its approval or denial of the certification of authorization, the Common Council may consider only the application, the Planning Department staff report, and the information before the Plan Commission at the public hearing. The Common Council’s approval shall serve as affirmation of the finding of the Plan Commission. The Planning Department may issue a demolition permit only upon receipt of the certification of authorization and Common Council approval.
(4) Exemptions. This chapter does not apply to a demolition associated with a project that has an executed resolution for an economic development agreement. However, the factors listed in this chapter will be considered in relation to those projects.
(5) Appeals. Denial of a permit under this division is considered a final decision and may be appealed pursuant to state law.
(E) Sexually Oriented Business Uses.
(1) No sexually oriented business as regulated by § 159.130 shall be permitted to operate without obtaining a sexually oriented improvement location permit. This permit shall be required separately from other permits as required by the city.
(a) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The sketch must also address the specific requirements of the business for which the permit application is for, as outlined by the Classification Specific Design Requirements.
(b) A current certificate and straight-line drawing prepared within 30 days prior to application prepared by a State of Indiana registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within 1,000 feet of the property to be certified; the property lines of any established protected use within 1,000 feet of the property to be certified; and the property lines of any residentially zoned area or residential property within 1,000 feet of the property to be certified, if not apparent. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(1) Accessory Uses and Structures.
(2) Home Occupations.
(3) Residential Care Homes.
(4) Temporary Uses.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 12-4-97, passed 5-12-97; Am. Ord. 21-6-97, passed 7-28-97; Am. Ord. 57-9-98, passed 9-28-98; Am. Ord. 25-5-01, passed 6- 12-01; Am. Ord. 55-11- 01, passed 12-11-01; Am. Ord. 55-12-02, passed 1- 14-03; Am. Ord. 57-9- 04, passed 9-28-04; Am. Ord. 42-5-05, passed 6- 14-05; Am. Ord. 76-9- 05, passed 10-11-05; Am. Ord. 89-10-06, passed 11-14-06; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 64-11-08, passed 12-9-08; Am. Ord. 23-06-10, passed 7-13-10; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 29-9-11, passed 10-11-11; Am. Ord. 03-02-12, passed 2-28-12; Am. Ord. 09-03-12, passed 3-27-12; Am. Ord. 10-03-13, passed 4-9-13; Am. Ord. 31-09-13, passed 9-24-13; Am. Ord. 12-04-17, passed 4-25-17; Am. Ord. 32-07-19, passed 7-23-19; Am. Ord. 40-10-18, passed 12-16-18; Am. Ord. 26-05-22, passed 5-24-22) Penalty, see § 159.999