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)
(A) 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, view-sheds, 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 public 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.
(B) The Commission shall conduct surveys and establish historic districts in accordance with the provisions of § 97.05.
(C) The Commission may adopt preservation guidelines for architectural review. If adopted, preservation guidelines shall be published and made readily accessible to the general public.
(D) The Commission has the authority to receive funds in order to promote its stated purpose.
(E) The Commission shall promote public interest in historic preservation by initiating and carrying on a public relations and community education program.
(F) The Commission, through this chapter, may:
(1) Acquire 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;
(2) Hold title to real and personal property; and
(3) 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 considers best.
(G) The Commission shall establish procedures that the Commission must follow in acquiring and disposing of property.
(Ord. 10-12, passed 7-12-2010)
(A) Recommendations for establishment. 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 two sources:
(1) Based on its survey, the Commission may draw and submit historic district maps for City Council approval; or
(2) 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 the property to the City Council for its approval. The Commission may establish in its rules criteria to be met before it considers a petition.
(B) Conservation districts. The Commission may recommend, and the City Council may provide that the establishment of a historic district shall occur in two phases. During the first phase, which continues for a period of three years from the date the ordinance is adopted, a certificate of appropriateness is required for the following activities: the demolition of any building; the moving of any building; and any new construction of a principal building or accessory building or structure subject to view from a public way.
(1) At the expiration of the initial three-year period, the first phase of a conservation district continues and the second phase does not become effective if a majority 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:
(a) A conspicuous change in the exterior appearance of historic buildings by additions, construction, alteration or maintenance involving exterior color changes;
(b) A change in walls and fences or construction of walls and fences, if along public ways; and
(c) 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.
(2) The objections of a majority of the property owners must be received by the Commission not earlier than 180 days or later than 60 days before the third anniversary of the adoption of the ordinance.
(C) Commission preparation of 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:
(1) The map shall be based on a survey conducted by the Commission which identifies historic buildings, structures and sites located within the city;
(2) A district may be limited to the boundaries of a property containing a single building, structure or site; and
(3) The map may divide the district into primary and secondary areas as follows:
(a) Primary area. The principal area of historic and architectural significance; or
(b) Secondary area. An area adjacent to a primary area 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.
(D) Map; classification.
(1) 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 must possess identified historic or architectural merit of a degree warranting their preservation. The Commission shall further classify and designate all buildings and structures within a proposed historic district as follows:
(a) Outstanding;
(b) Notable; or
(c) Contributing.
(2) Non-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.
(E) City Council approval of maps of historic districts. Before a historic district is established and the building classifications take effect, the map setting forth the district’s boundaries and building classifications must be submitted to and approved in an ordinance by the City Council.
(F) Recording the fact of designation. The map establishing boundaries of a historic district may be recorded in the Office of the County Recorder.
(Ord. 10-12, passed 7-12-2010)
(A) When submitting a map to the City Council under § 97.05, the Commission may declare one or more buildings or structures that 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, 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:
(1) Cite the authority of the Commission to put the building, structure or site under interim protection under this section;
(2) Explain the effect of putting the building, structure or site 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; and
(2) Approved in an ordinance or rejected by the City Council.
(D) While a building, structure or site is under interim protection under this section:
(1) The building, structure or site may not be demolished or moved; and
(2) The exterior appearance of the building, structure or site may not be conspicuously changed by:
(a) Addition;
(b) Reconstruction; or
(c) Alteration.
(E) The Commission may approve a certificate of appropriateness at any time during the period of interim protection, provided the proposed change meets the criteria for considering effect of actions on historic buildings in § 97.07(D) of this chapter and any proposed preservation guidelines prepared for the building, structure or site, but the certificate of appropriateness shall have no effect, and no action may be taken pursuant thereto, unless the map including the building, structure or site is approved by the City Council.
(Ord. 10-12, passed 7-12-2010)
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