Loading...
§ 156.21 INTERIM PROTECTION OF BUILDINGS AND STRUCTURES.
   (A)   When submitting a map to the Common Council to create an historic district under this chapter, the Commission may declare one or more buildings or structures which are classified and designated as historic on the map to be under interim protection.
   (B)   Not more than two working days after declaring a building or structure 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 or structure with a written notice of the declaration. The written notice must:
      (1)   Cite the authority of the Commission to put the building or structure under interim protection under this section;
      (2)   Explain the effect of putting the building or structure under interim protection; and
      (3) Indicate that the interim protection is temporary.
   (C)   A building or structure put under interim protection under division (A) above remains under interim protection until the map is:
      (1)   Submitted to the Common Council; and
      (2)   Approved in an ordinance or rejected by the Common Council.
   (D)   While a building or structure is under interim protection under this section:
      (1)   The building or structure may not be demolished or moved; and
      (2)   The exterior appearance of the building or structure may not be conspicuously changed by:
         (a)   Addition;
         (b)   Reconstruction; or
         (c)   Alteration.
(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99
§ 156.22 MAINTENANCE OF HISTORIC BUILDINGS.
   (A)   Historic buildings shall be maintained to meet the applicable requirements established under state statutes for buildings generally so as to prevent the loss of historic materials and the deterioration of important character-defining details and features.
   (B)   Regarding ordinary repairs and maintenance, nothing in this section shall be construed to prevent ordinary repairs to and maintenance of any historic building, provided that such repairs or maintenance do not result in a conspicuous change in the design, form, proportion, mass, configuration, building materials, texture, color, location or external visual appearance of any structure or part thereof.
(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99
§ 156.23 PRESERVATION OF CHARACTER UPON ALTERATION OR RELOCATION.
   (A)   An historic building or structure, or any part of or appurtenance to such building or structure including stone walls, fences, light fixtures, steps, paving and signs, may be moved, reconstructed, altered or maintained only in a manner which will preserve the historical and architectural character of the building, structure or appurtenance.
   (B)   An historic building may be relocated to another site only if it is shown that preservation on its current site is inconsistent with division (A) above.
(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99
§ 156.24 MAINTENANCE OF VISUAL COMPATIBILITY IN HISTORIC DISTRICTS.
   (A)   New construction, contemporary design and non-historic buildings. To preserve and encourage the integrity of historic buildings, structures, sites, monuments, streetscapes and neighborhoods and to ensure their compatibility with any new work, both the construction of a new building or structure and a reconstruction, alteration, moving, major maintenance or repair involving a color change conspicuously affecting the external appearance of any non-historic building, structure or appurtenance within the primary area of an historic district must be generally of a design, form, proportion, mass, configuration, building material, texture, color and location on a lot which is compatible with other buildings in the historic district, particularly those buildings designated as historic, and with squares and places to which it is visually related.
   (B)   Criteria for considering visual compatibility. Within the primary area of an historic district, new buildings and structures, as well as buildings, structures and appurtenances which are moved, reconstructed, materially altered, repaired or changed in color, must be visually compatible with buildings, squares and places to which they are visually related generally in terms of the following visual compatibility factors.
      (1)   Height. The height of proposed buildings must be visually compatible with adjacent buildings.
      (2)   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.
      (3)   Proportion of openings within the facility. The relationship of the width of the windows to the height of the windows in a building must be visually compatible with buildings, squares and places to which it is visually related.
      (4)   Rhythm 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.
      (5)   Rhythm of spacing of buildings on streets. The relationship of a building to the open space between it and adjoining buildings must be visually compatible with buildings, squares and places to which it is visually related.
      (6)   Rhythm of entrances and porch projections. The relationship of the entrances and porch projections of a building to sidewalks must be visually compatible with buildings, squares and places to which it is visually related.
      (7)   Relationship of materials, texture and color. The relationship of the materials, texture and color of the facade of a building must be visually compatible with the predominant materials used in the buildings to which it is visually related.
      (8)   Roof shapes. The roof shape of a building must be visually compatible with the buildings to which it is visually related.
      (9)   Walls of continuity. Appurtenances of a building such as walls, wrought iron fences, evergreen landscape masses and building facades must form cohesive walls of enclosure along the street if such is necessary to ensure the visual compatibility of the building to the buildings, squares and places to which it is visually related.
      (10)   Scale of 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, squares and places to which it is visually related.
      (11)   Directional expression of front elevation. A building must be visually compatible with buildings, squares and places to which it is visually related in its directional character, including vertical character, horizontal character or non-directional character.
(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99
§ 156.25 REMOVAL OF HISTORIC DISTRICT DESIGNATION.
   (A)   This section provides the exclusive method for removing the designation of an historic district. The owner or owners of a building, structure or site designated as a single-site historic district may sign and file a petition with the legislative body of the unit requesting removal of the designation of the building, structure or site as an historic district. In the case of an historic district containing two or more parcels, at least 60% of the owners of the real property of the historic district must sign and file a petition with the legislative body of the unit requesting removal of the designation of the historic district.
   (B)   The legislative body shall submit a petition filed under division (A) above to the Historic Preservation Commission of the unit. The Historic Preservation Commission shall conduct a public hearing on the petition not later than 60 days after receiving the petition. The Historic Preservation Commission shall provide notice of the hearing:
      (1)   By publication under I.C. 5-3-1-2(b);
      (2)   In the case of an historic district comprised of real property owned by fewer than 50 property owners, by certified mail sent at least ten days before the hearing to each owner of real estate within the historic district; and
      (3)   In the case of a single building, structure or site designated as an historic district, by certified mail sent at least ten days before the hearing to each owner of the real estate abutting the building, structure or site designated as an historic district which is the subject of the petition.
   (C)   The Historic Preservation Commission shall make the following findings after the public hearing:
      (1)   Whether a building, structure or site within the historic district continues to meet the criteria for inclusion in an historic district as set forth in the provisions approving the historic district map under § 156.20 of this chapter. The determination must state specifically the criteria which are applicable to the buildings, structures or sites within the district;
      (2)   Whether failure to remove the designation of the historic district would deny an owner of a building, structure or site within the historic district reasonable use of the owner’s property or prevent reasonable economic return. Evidence provided by the petitioner may include information on:
         (a)   The cost to comply with regulations;
         (b)   Income generation;
         (c)   The availability of contractors to perform work;
         (d)   Real estate values;
         (e)   Assessed values and taxes;
         (f)   Revenue projections;
         (g)   The current level of return;
         (h)   Operating expenses;
         (i)   Vacancy rates;
         (j)   Financing issues;
         (k)   Efforts to explore alternative uses for a property;
         (l)   The availability of economic incentives; or
         (m)   Recent efforts to sell or rent the property.
      (3)   Whether removal of the designation of an historic district would have an adverse economic impact on the owners of real estate abutting the historic district based on the testimony and evidence provided by the owners of the real estate and by licensed real estate appraisers or brokers; and
      (4)   Whether removal of or failure to remove the designation of the historic district would have an adverse impact on the unit’s historic resources, and specifically whether it would result in the loss of a building, structure or site classified as historic by the Commission’s survey prepared under § 156.04(B) of this chapter.
   (D)   Not later than ten days after the public hearing, the Historic Preservation Commission shall submit to the legislative body of the unit:
      (1)   Its findings on the petition; and
      (2)   A recommendation to grant or deny the petition.
   (E)   (1)   Not later than 45 days after receiving the Historic Preservation Commission’s findings, the legislative body of the unit shall:
         (a)   Take public comment and receive evidence in support of or in opposition to the petition; and
         (b)   Do one of the following:
            1.   Deny the petition; or
            2.   Grant the petition by adopting an ordinance which removes the designation of the historic district by:
               a.   A majority vote, if the recommendation of the Historic Preservation Commission is to grant the petition; or
               b.   A two-thirds vote, if the recommendation of the Historic Preservation Commission is to deny the petition.
      (2)   The legislative body shall record an ordinance adopted under division (E)(1)(b)2. above with the County Recorder not later than ten days after the legislative body adopts the ordinance. The historic district designation is considered removed on the date the ordinance is recorded with the County Recorder.
   (F)   (1)   If the legislative body of the unit does not grant or deny the petition within 45 days after receiving the Historic Preservation Commission’s findings:
         (a)   The petition is considered granted or denied in accordance with the recommendation of the Historic Preservation Commission; and
         (b)   If the petition is considered granted, then the legislative body shall, not later than 55 days after receiving the Historic Preservation Commission’s findings:
            1.   Adopt an ordinance which removes the designation of the historic district; and
            2.   Record the ordinance with the County Recorder.
      (2)   The historic district designation is considered removed on the date the ordinance is recorded with the County Recorder.
(Ord. 2020-05, passed 10-5-2020)
CERTIFICATE OF APPROPRIATENESS
§ 156.40 CONDITIONS WHEN CERTIFICATE REQUIRED.
   A certificate of appropriateness must be issued by or on behalf of the Commission before a permit is issued for or work is begun on any of the following:
   (A)   Within all areas of an historic district.
      (1)   The demolition of any building;
      (2)   The moving of any building;
      (3)   A conspicuous change in the exterior appearance of historic buildings by additions, reconstruction, alteration or maintenance involving exterior color change; or
      (4)   Any new construction of a principal building or accessory building or structure subject to view from a public way.
   (B)   Within a primary area of an historic district.
      (1)   A change in walls and fences or the construction of walls and fences along public ways; or
      (2)   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)   Within the first phase of a two-phase establishment of an historic district.
      (1)   The moving of any building;
      (2)   The demolition of any building; or
      (3)   Any new construction of a principal building or accessory building or structure subject to view from a public way.
(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99
§ 156.41 CERTIFICATE APPLICATION PROCESS.
   Application for a certificate of appropriateness shall be made in the office of the Commission on forms provided by said Office. Detailed drawings, plans or specifications are not required. However, to the extent reasonably required for the Commission to make a decision, each application must be accompanied by sketches, drawings, photographs, descriptions or other information showing the proposed exterior alterations, additions, changes or new construction.
(Ord. 2020-05, passed 10-5-2020)
§ 156.42 STAFF AUTHORITY TO GRANT OR DENY CERTIFICATES.
   (A)   The staff of the Commission is authorized to grant or deny a certificate of appropriateness for the following types of applications: paint colors.
   (B)   The staff may not grant or deny a certificate of appropriateness for the following:
      (1)   Demolishing a building;
      (2)   Moving a building;
      (3)   Constructing a new building; or
      (4)   Constructing an addition to a building.
(Ord. 2020-05, passed 10-5-2020)
§ 156.43 CRITERIA FOR CONSIDERING EFFECT OF ACTIONS ON HISTORIC BUILDINGS.
   (A)   The Commission, in considering the appropriateness of any reconstruction, alteration, maintenance or moving of an historic building or any part of or appurtenance to such building, including walls, fences, light fixtures, steps, paving and signs, shall require that such work be done in a manner which will preserve the historical and architectural character of the building, structure or appurtenance.
   (B)   In considering historical and architectural character, the Commission shall consider, among other things, the following:
      (1)   The purposes of this chapter;
      (2)   The historical and architectural value and significance of the building, structure, site or appurtenance;
      (3)   The 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;
      (4)   The texture, material, color, style and detailing of the building, structure, site or appurtenance;
      (5)   The continued preservation and protection of original or otherwise-significant structures, materials and ornamentation;
      (6)   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 § 156.24(B) of this chapter; and
      (7)   The position of the building or structure in relation to the street or public right-of-way and to other buildings and structures.
(Ord. 2020-05, passed 10-5-2020)
§ 156.44 APPROVAL OR DENIAL PROCEDURES.
   (A)   The Commission may advise and make recommendations to the applicant before acting on an application for a certificate of appropriateness.
   (B)   If an application for a certificate of appropriateness is approved by the Commission, or if it is not acted on by the Commission within 30 days after it is filed, then a certificate of appropriateness shall be issued. If the certificate is issued, then the application shall be processed in the same manner as applications for building or demolition permits required by the city if any are processed. If no building or demolition permits are required, then the applicant may proceed with the work authorized by the certificate.
   (C)   If the Commission denies an application for a certificate of appropriateness within 30 days after it is filed, then the certificate may not be issued. The Commission must state its reasons for the denial in writing and must advise the applicant. An application which has been denied may not be processed as an application for a building or demolition permit and does not authorize any work by the applicant.
   (D)   The Commission may grant an extension of the 30-day limit if the applicant agrees to it.
(Ord. 2020-05, passed 10-5-2020)
§ 156.45 DEMOLITIONS UPON DENIAL OF CERTIFICATE.
   (A)   The purpose of this chapter is to preserve historic buildings which are important to the education, culture, traditions and economic values of the city and to afford the city, historical organizations and other interested persons the opportunity to acquire or to arrange for the preservation of these buildings. If a property owner demonstrates that an historic building is incapable of earning an economic return on its value, as appraised by a qualified real estate appraiser, and the Commission fails to approve the issuance of a certificate of appropriateness, then the building may be demolished.
   (B)   However, before a demolition permit is issued or the demolition proceeds, the following requirements for notice must be met.
      (1)   Notice of the proposed demolition must be given for a period fixed by the Commission which is based on the Commission’s classification on the approved map, but not less than 60 days nor more than one year.
      (2)   Notice must be posted on the premises of the building proposed for demolition in a location clearly visible from the street.
      (3)   Notice must be published in a newspaper of general local circulation at least three times before demolition, with the first publication not more than 15 days after the application for a permit to demolish is filed and the final publication at least 15 days before the date of the permit.
   (C)   The Commission may approve a certificate of appropriateness at any time during the notice period under this section. If the certificate of appropriateness is approved, then a demolition permit shall be issued without further delay and demolition may proceed.
(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99
§ 156.99 PENALTY.
   (A)   Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer or otherwise, who violates any provision of this chapter shall, for each offense, be subject to a fine as follows:
      (1)   Not less than $10 nor more than $2,500 for demolition; and
      (2)   Not less than $10 nor more than $300 for all other offenses.
   (B)   Each day of the existence of any violation of this chapter shall be a separate offense.
   (C)   The remedies provided for in this section shall be cumulative, not exclusive, and shall be in addition to any other remedies provided by law.
(Ord. 2020-05, passed 10-5-2020)