Section
General Provisions
151.01 Purpose
151.02 Definitions
151.03 Boundaries
151.04 Classification of buildings and structures
151.05 Relationship of historic district to zoning districts
151.06 Variances
151.07 Public utility facilities
151.08 Historic district maps
Certificate of Appropriateness Permit
151.20 Permit required
151.21 Application
151.22 Decision concerning application
151.23 Expiration of permit
Development Standards
151.30 Considerations of Board
151.31 Preservation of historic buildings
151.32 Demolition of buildings
151.33 Nonrated buildings in primary areas
151.34 Visual compatibility factors
151.35 Nonrated buildings, secondary area
151.36 Signage
Administration
151.45 Board of Review
151.46 Powers of the Board
151.47 Judicial review
151.48 Duties of Building Inspector
151.99 Penalty
GENERAL PROVISIONS
(A) The oldest and most historic part of the city contains, in addition to the original town plan, important open spaces and numerous structures of historic value and outstanding architectural design. This area is of great importance to the social, economic, and general welfare of the city and should be protected.
(B) It is the purpose of this chapter to safeguard the heritage of the city by establishing a historic district. The chapter shall establish the means of protecting the district's natural and man-made heritage while providing guidelines for compatible new architectural development. It is the intent of the chapter to stabilize and improve property values within the district, to foster civic beauty and improvements, to strengthen the local economy, and to promote the use of the historic district for the education, pleasure, and welfare of the citizens of the city, state, and nation in accordance with the regulations set forth herein.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever any words and phrases are not defined herein but are defined in the zoning ordinance, any such definition therein shall be deemed to apply to such words and phrases.
"DEMOLITION OF TREE." Any act such as cutting, digging, or injecting into the soil, air, or tree a poisonous substance which threatens the life of the tree.
"HISTORIC BUILDING AND STRUCTURE." Those buildings and structures over 50 years old and possessing identified historical or architectural merit of a degree warranting their preservation.
"NONRATED BUILDING AND STRUCTURE." Those buildings and structures not classified on the historic building map as historic.
"ORDINARY MAINTENANCE OR REPAIR." Any work whose purpose and effect is to correct any deterioration or decay of or damage to a structure or any part thereof, and to restore the same, as nearly as may be practicable, to its original condition prior to the occurrence of such deterioration, decay, or damage. Painting is to be considered ordinary maintenance and repair.
"PUBLIC UTILITY." All utilities governed by the Public Service Commission of Indiana.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
(A) The boundaries of the Historic District shall be part of the area identified in the National Register of Historic Places listing, bounded by the Ohio River on the south, the toe of the hill on the north, and the corporate limits on both the east and west.
(B) The boundaries designated on the zoning map of the city as the boundaries of the Historic District shall coincide with the boundaries as designated herein.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
(A) Within the historic district, all buildings and structures shall be classified and designated on the historic building map adopted and approved by the Mayor and Common Council and made a part of this ordinance as shown in Appendix A.
(B) Such buildings and structures shall be divided into three classes:
(1) Historic or significant: A property individually listed in the National Register of Historic Places or as a National Historic Landmark or that is an excellent example of a particular architectural style or vernacular form and is historically or architecturally important to the character of the Madison Local Historic District.
(2) Historic or contributing: A property constructed prior to 1940 that retains good architectural integrity and contributes to the historic and architectural character of the Madison Local Historic District.
(3) Nonrated or non-contributing: A property constructed after 1940 or one that has poor architectural integrity due to alterations or additions and does not contribute to the historic and architectural character of the Madison Local Historic District.
(C) The owner of a nonrated or non-contributing building or structure may ask the Board to designate such building as historic if he can show that it fits the necessary criteria.
(D) The Historic District Board of Review or designated staff may from time to time update the supporting information on the survey forms without impacting the ratings or map.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87; Am. Ord. 2022-28, passed 11-8-22)
The historic district regulations as provided herein for zones within the district are intended to preserve and protect the historic or architecturally worthy buildings, structures, sites, monuments, streetscapes, squares, and neighborhoods of the historic area. In all zoning districts lying within the boundaries of the historic district, the regulations for both the zoning district and the historic zone shall apply. Whenever there is conflict between the regulations of the zoning district and the regulations of the historic zone, the more restrictive shall apply.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
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