For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERATION. A material or color change in the external architectural features of any structure within an historic district.
CONSERVATION DISTRICT. Pursuant to IC 36-7-11-19, the provision that a district may be created which is called a CONSERVATION DISTRICT, the second phase of which is the conversion to historic district status, if the Town Council decides, after the conservation district has been in effect for three years, to enact an ordinance to elevate the district to historic district status. Regulation in a conservation district is less stringent than in an historic district. In a conservation district, a certificate of appropriateness must be granted for:
(1) The demolition of any building;
(2) The moving of any building;
(3) Any new construction of a principal building or accessory building or structure subject to view from a public way.
DEMOLITION. The complete or substantial removal of any historic structure or any structure which is located within an historic district or conservation district.
DESIGN 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.
ECONOMIC HARDSHIP. Established when a preponderance of evidence establishes that the property in question cannot obtain a reasonable economic return or be put to any economically beneficial use.
FAIR MARKET VALUE. The most probable price in cash, terms equivalent to cash, or in other precisely revealed terms, for which the appraised property will sell in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under duress.
HISTORIC DISTRICT. A single building, structure, object, or site or a concentration of buildings, structures, objects, spaces, or sites designated by ordinance adopted under this chapter. Property not so designated will not be considered an historic district within the terms of this chapter.
HISTORIC PRESERVATION AND PROTECTION DISTRICT ORDINANCE. This chapter.
INTERESTED PARTY. One or any of the following:
(1) The Town Council President;
(2) The Town Council;
(3) The Town 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 a property located in an historic district established by an ordinance adopted under this chapter;
(6) Historic Landmarks Foundation of Indiana, Inc., or any of its successors;
(7) The state historic preservation officer under IC 14-3-3.4-10.
Editor’s note:
IC 14-3 was repealed by P.L.1-1995, Sec. 91.
PERSON. Includes a firm, a partnership, or a corporation, as well as an individual.
PRIMARY AREA. The principal area of historic and/or architectural significance within an historic district.
RATINGS.
(1) OUTSTANDING (O). The O rating means that the property has sufficient historic or architectural significance that it is already listed, or is eligible for individual listing, in the National Register of Historic Places. Outstanding resources can be of local, state, or national importance.
(2) NOTABLE (N). The N rating 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.
(3) CONTRIBUTING (C). The C rating means the property is at least forty years old, but does not meet the criteria of an O or N rating. Such resources are important to the density or continuity of the area's historic fabric. Contributing structures can be listed on the National Register only as part of an historic district.
(4) NON-CONTRIBUTING (NC). Property rated NC is not included in an inventoryunless it is located within the boundaries of an historic district. Such properties may be less than 50 years old, or they may be older structures that have been altered in such 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 the National Register.
REASONABLE RETURN. A measure of the economic return that is, or can be, earned on the fair market value of a property, and that demonstrates that the owner has not been deprived of all economically beneficial or productive use of the property.
ROUTINE MAINTENANCE. Work which would not require a building permit, and any change that is not construction, removal or alteration and for which no certificate of appropriateness is required.
SECONDARY AREA. An area in an 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 lamps, 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.
VISUAL COMPATIBILITY. Those elements of design that meet the standards set out in § 157.40(B) of this chapter.
(Ord. 2005-05, passed 4-25-05)