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§ 157.15 PURPOSE.
   (A)   The purpose of historic preservation and protection is:
      (1)   To promote the educational, cultural and general welfare of the citizens of Lowell and insure the harmonious and orderly growth and development of the municipality;
      (2)   To maintain established residential neighborhoods in danger of having their distinctiveness destroyed;
      (3)   To enhance property values and attract new residents;
      (4)   To ensure the viability of the traditional downtown area and to enhance tourism.
   (B)   It is deemed essential by the town that qualities relating to its history and a harmonious outward appearance of its structures be preserved.
   (C)   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.
   (D)   It is the intention of the town 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 town and serve as visible reminders of its historic heritage.
(Ord. 2005-05, passed 4-25-05)
HISTORIC DISTRICTS AND CONSERVATION DISTRICTS
§ 157.25 DISTRICTS ESTABLISHED.
   (A)   Initiating an historic district recommendation. All recommendations for establishment of an historic district shall be in the form of a written report andmust be based on the criteria outlined in this chapter. A recommendation for establishing an 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 Town Council approval.
      (2)   Owners of property in fee simple wishing to establish an historic district which includes their property may petition the Commission to consider drawing and submitting a map of such a district to the Town Council for approval. The Commission may establish criteria in its rulesto be met before considering such a petition. The Commission shall determine its recommendation within 90 days of receipt of a petition to establish an historic district.
   (B)   The Commission may recommend, and the Town Council may provide, that the establishment of an historic district shall occur in two phases.
      (1)   Phase One - conservation district. Under the first phase, to be called a conservation district, a certificate of appropriateness is required forthe 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.
      (2)   Phase Two - historic district. After a conservation district has been in effect for three years, the Town Council shall determine whetheror not to pass an ordinance to elevate the district to historic district status.
      (3)   Once established a conservation district shall continue, unless removed by ordinance.
   (C)   Commission preparation of historic district maps. In order to establish an 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 or adopted by the Commission which identifies historic buildings, structures, and placeslocated within the town.
      (2)   A district may be limited to the boundaries of a property containing a single building, structure, or site.
      (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;
         (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.
      (4)   The Commission shall classify and designate all buildings and structures within each proposed district as historic or non-historic. Historic buildings or sites may include those buildings or sites that meet the architecturally worthy criteria set out in § 157.27. The Commission shall further classify and designate all buildings and structures within a proposed historic district as follows:
         (a)   Historic buildings and structures shall be further classified as outstanding, notable, or contributing, as established by the Indiana State Division of Historic Preservation and Archaeology and the local survey.
         (b)   All non-historic buildings shall be classified as non-contributing.
      (5)    A written report shall accompany all recommendations for designation before the Town Council, in accordance with the criteria for designation, stating the case for accepting the district.
(Ord. 2005-05, passed 4-25-05)
§ 157.26 TOWN COUNCIL APPROVAL OF MAPS OF HISTORIC DISTRICTS.
   Before an historic district or conservation district is established and the building classification takes effect, the map setting forth the district's boundaries and building classifications must be submitted to, and approved by an ordinance of the Town Council according to the following procedure:
   (A)   The Commission must take official action deciding whether or not to submit a map to the Town Council for its approval.
   (B)   Prior to taking action at a meeting, the Commission shall hold a public hearing to allow public comment. A public hearing may be held separately or in conjunction with the meeting where action on the district is to occur.
   (C)   A public hearing held by the Commission for the purpose of allowing comment on a proposed historic district designation shall be preceded by public notice as set forth in IC 5-3-1-1 et seq. In addition, the Commission shall adopt rules that ensure that owners of all property within the proposed historic district, and all adjacent property owners, as determined by the most recent real estate tax lists, are forwarded written notice of the hearing on the proposed historic district.
   (D)   A written report shall accompany the map submitted to the Town Council validating the proposed district by addressing the criteria listed in § 157.27.
   (E)   The Town Council approves the map attached to Ord. 2009-22, marked Exhibit A, setting forth the boundaries of the Lowell Downtown Historic District. The District, as described in the map, runs along East Commercial Avenue from the 200 Block to the 700 Block and includes the two commercial buildings located at 108 and 110 Clark Street. The Town Council also approved the building classifications on the chart attached to Ord. 2009-22 marked Exhibit B.
(Ord. 2005-05, passed 4-25-05; Am. Ord. 2009- 22, passed 11-23-09)
§ 157.27 HISTORIC DISTRICT CRITERIA.
   (A)   An historic district shall include a building, groups of buildings, structure(s), site(s), monument(s), streetscape(s), or neighborhood(s) which meet at least one of the following criteria:
      (1)   Historic.
         (a)   Has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the town, state, or nation; or is associated with a person who played a significant role in local, state, or national history; or
         (b)   Is the site of an historic event; or
         (c)   Exemplifies the cultural, political, economic, social, or historic heritage of the community.
      (2)   Architecturally worthy.
         (a)   Embodies distinguishing characteristics of an architectural or engineering type; or
         (b)   Is the work of a designer whose individual work has significantly influenced the development of the community; or
         (c)   Is the work of a designer of such prominence that such work gains its value from the designer's reputation; or
         (d)   Contains elements of design, detail, materials, or craftsmanship which represent a significant innovation; or
         (e)   Contains any architectural style, detail, or other element in danger of being lost;
         (f)   Owing to its unique location or physical characteristics, represents an established and familiar visual feature of a neighborhood or the town; or
         (g)   Exemplifies the built environment in an era of history characterized by a distinctive architectural style.
   (B)   An ordinance approving the establishment of an historic district, may exclude changes in paint colors from the activities requiring the issuance of a certificate of appropriateness before a permit may be issued or work begun.
(Ord. 2005-05, passed 4-25-05)
§ 157.28 RECORDING OF DESIGNATION.
   (A)   The boundaries of any historic district or conservation district shall be available in the office of the Building Department.
   (B)   The Commission shall maintain an official listing of all historic districts or sites within the Town of Lowell. Those established under previous law or ordinances shall be subject to this chapter but in all other respects shall remain unchanged, and shall be considered primary historic areas.
(Ord. 2005-05, passed 4-25-05)
BUILDING REGULATIONS
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