Section
97.01 Purpose
97.02 Definitions
97.03 Historic Preservation Commission establishment and organization
97.04 Powers and duties of the Commission
97.05 Historic districts, conservation districts and guidelines
97.06 Interim protection
97.07 Certificates of appropriateness
97.08 Staff approvals
97.09 Visual compatibility
97.10 Preservation of historical and architectural character upon alteration or relocation mandated
97.11 Appeal provisions
97.12 Maintenance
97.13 Relationship with zoning districts
97.14 Paint colors
97.15 Interested parties
97.99 Penalty
In order to promote the educational, cultural and general welfare of the citizens of the city and to ensure the harmonious and orderly growth and development of the municipality; to maintain established residential neighborhoods in danger of having their distinctiveness destroyed; to enhance property values and attract new residents; to ensure the viability of the traditional downtown area and to enhance tourism within the city, it is deemed essential by the city that qualities relating to its history and 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 insurance of compatibility in regards to style, form, proportion, texture and material between historic buildings and those of contemporary design. It is the intention of the city through this chapter 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.
(Ord. 10-12, passed 7-12-2010)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the present tense include the future tense. The singular number includes the plural, and the plural, the singular. The word 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 meanings customarily assigned to them.
ALTERATION. A material or color change in the external architectural features of any building, structure or site within a historic district.
CITY. The City of Lebanon, Indiana.
CLASSIFICATIONS.
(1) CONTRIBUTING. A “C” classification means the property is at least 40 years old, but does not meet the criteria for an “O” or “N” classification. These 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.
(2) NON-CONTRIBUTING. Property classified as “NC” is not included in an inventory unless it is located within the boundaries of a historic district. These properties may be less than 50 years old, or they may be older structures that have been altered in 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.
(3) NOTABLE. A classification of “N” means that the property does not merit the outstanding rating, but it is still above average in its importance. A NOTABLE STRUCTURE may be eligible for the National Register.
(4) OUTSTANDING. The “O” classification means that the property has sufficient historic or architectural significance that is listed, or is eligible for individual listing, in the National Register of Historic Places. OUTSTANDING RESOURCES can be of local, state or national importance.
DEMOLITION. The complete or substantial removal of any building, structure or site located in a historic district.
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 under this chapter.
INTERESTED PARTY. One of the following:
(1) The Mayor;
(2) The City Council;
(3) The City Plan Commission;
(4) A neighborhood association, whether incorporated or unincorporated, a majority of whose members are residents of a historic district designated by an ordinance adopted under this chapter;
(5) An owner or occupant of property located in a historic district established by an ordinance adopted under this chapter;
(6) Historic Landmarks Foundation of Indiana, Inc., or any of its successors; or
(7) The state historic preservation officer designated under I.C. 14-21-1.
PRESERVATION GUIDELINES. Criteria, locally developed, which identify local design concerns in an effort to assist property owners in maintaining the character of the designated district or buildings during the process of rehabilitation or new construction.
PRIMARY AREA. The principal area of historic and/or architectural significance within a historic district as delineated on the map establishing the boundaries of the historic district.
ROUTINE MAINTENANCE. Work for which no certificate of appropriateness is required.
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.
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 design of the street furniture (e. g., street lights, trash receptacles, benches and the like) use of plant materials such as trees and shrubs, and the setback, mass and proportion of those buildings which enclose the street.
(Ord. 10-12, passed 7-12-2010)
(A) Creation. There is hereby established the Historic Preservation Commission of the city (hereinafter referred to as the “Commission”).
(B) Composition. The Commission shall consist of five voting members. Three members shall be appointed by the Mayor, and two shall be appointed by the City Council. All members shall be residents of the city who are interested in the preservation and development of historic areas. The members of the Commission should include professionals in the disciplines of architectural history, planning and other disciplines related to historic preservation, to the extent that those professionals are available in the community. Nonvoting, advisory member(s) may be appointed to the Commission by the Mayor with approval by the City Council. Commission members shall serve without compensation, except for reasonable expenses incurred in the performance of their duties.
(C) Term. Voting members shall serve for a term of three years; however, the initial terms of members shall be for one year, two years and three years in order for the terms to be staggered. The term for nonvoting, advisory members shall be for three years. A vacancy shall be filled within 90 days for the duration of the term.
(D) Commission Administrator. A City Administrator designated by the Mayor shall serve as the ex officio administrator of the Commission. 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.
(E) Officers. The Commission shall elect from its membership a Chairperson, Vice Chairperson and Treasurer who shall serve for one year and who may be re-elected.
(F) Rules. The Commission shall adopt rules consistent with this chapter 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.
(G) Meetings. Commission meetings must be open to the public in accordance with the state’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.
(Ord. 10-12, passed 7-12-2010)
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