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(A) Creation and composition. Consistent with IC 36-7-11-4, there is hereby established the Madison Historic District Board of Review. This Board shall consist of seven members appointed by the Mayor, subject to the approval of the Common Council. The members of the Board shall include professionals or those who have a demonstrated interest in or knowledge of the disciplines of architectural history, planning, and other disciplines related to historic preservation. All Board openings shall be publicly advertised at least two weeks prior to selection. All applications shall be submitted in writing through the Mayor's office. Except for the initial Board, the term of office shall be three years. The Mayor shall appoint the initial Board within 30 days of the passage of this chapter. Members must be residents of the city and at least four members must own or lease property within the historic district of the city. No member shall serve on any other board, council, or commission of the city government, except one member may be a member of the Plan Commission.
(B) Terms of office. After the initial appointment, no member shall serve more than two consecutive terms without a one-year layout. In the event any member shall no longer qualify because of residency or the aforegoing requirements, that member shall resign when the disqualification occurs. Vacancies shall be filled in the same manner as the appointment and only for the unexpired term of the vacant member. The term of the initial Board members shall be as follows:
(1) Plan Commission member: one year.
(2) Three historic district residents: three years.
(3) One of three city residents who own or lease property in the historic district: one year.
(4) One of three city residents who own or lease property in the historic district: two years.
(5) One of three city residents who own or lease property in the historic district: three years.
(C) Serve without compensation. Members of the Board shall serve without compensation.
(D) (1) Organization. The Board shall elect from its membership a Chairman and a Vice-Chairman who shall serve for terms of one year and who shall be eligible for re-election. The Chairman shall preside over the Board and shall be a voting member. In the absence or disability of the Chairman, the Vice-Chairman shall perform the duties of the Chairman. The Board shall appoint a secretary who may be an employee of the Building Inspector's office.
(2) A majority of the members of the Board shall constitute a quorum; however, no application for approval shall be denied except by the affirmative vote of a majority of the entire Board. If not denied by four votes, such application shall be approved.
(3) The Board shall adopt rules for the transaction of its business and consideration of applications not inconsistent herewith which shall provide for the time and place of regular meetings and for the calling of special meetings. All meetings of the Board shall be open to the public and a public record shall be kept of the Board's resolutions, proceedings, and actions. All applications to come before the Board shall be presented by the applicant in person or by a representative who is familiar with the proposal and can answer reasonable questions of the Board.
(E) Assistance of Director of Inspections. The Building Inspector and his staff shall provide such technical, administrative, and clerical assistance as required by the Board of Review.
(F) Meetings. The Board shall hold regular meetings, not less than once per month, to review applications for certificates of appropriateness. Special meetings may be called by the Chairman or at least two members.
(G) Calendar. Applications filed in proper form shall be numbered serially, docketed, and placed in the same order upon the calendar of the Board. Applications must be filed at least 15 days prior to the meeting at which such application is to be heard.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87; Am. Ord. 2010-22, passed 1-4-11)
(A) The Board's area of concern shall be limited to the historic district. The Board shall be concerned with those elements of development, redevelopment, rehabilitation, or preservation that affect the visual characteristics of the historic area.
(B) The Board may not make any requirement except for the purpose of preventing development, alterations, or demolitions which are obviously incongruous with the historic district. The Board may not consider details of design, interior arrangements, or building features if those details, arrangements, or features are not subject to public view.
(C) The Board may make rules specifying certain types of architectural improvements as permissible uses throughout the historic district without a specific vote of the Board of Review concerning each particular location. When such improvements are applied for, the Building Inspector may immediately issue a building permit and certificate of appropriateness for the improvement without bringing such improvement before the Board of Review for a vote, unless the Building Inspector believes that at that particular location the improvement would be inconsistent with the purposes of this chapter, in which case he would schedule the application for a certificate of appropriateness for the next meeting of the Historic District Board of Review.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
A decision of the Board of Review is subject to judicial review under IC 4-21.5-5-1 through 4-21.5-5-16), the same as if it were a decision of a state agency. (IC 18-7-22-12, as added by Acts 1980, P.L. 135, 4.)
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
(A) Enforcement of chapter. It shall be the duty of the Building Inspector, designated by the Mayor, to enforce this chapter. He shall receive applications required by this chapter, and furnish the prescribed certificates of appropriateness. He shall examine areas for which permits have been issued, and shall make necessary inspections to see that the provisions of this chapter are being upheld. He will be provided with the assistance of the Chief of Police in enforcing orders and the City Attorney in prosecuting violations.
(B) For the purpose of this chapter, the Building Inspector shall have the following duties:
(1) Upon finding that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, ordering the action necessary to correct such violations;
(2) He shall order discontinuance of any illegal work being done;
(3) He shall order removal of illegal buildings or structures or illegal additions or structural alterations; and
(4) He shall take any other action authorized by this chapter to ensure compliance with or to prevent violations of this chapter. This may include the issuance of certificates of appropriate-ness and such similar administration duties as are permissible under the law.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)
(A) Any person or corporation who violates or fails to comply with any provisions of the city historic district chapter shall be guilty of a Class A infraction as defined by IC 34-28-5-4 and shall be subject to penalties thereunder, subject to the limitations of IC 36-1-3-8. Each day such violation exists shall constitute a separate offense.
(B) Any person or corporation, being required by the city historic district chapter to submit plans to either the Building Inspector or the Board of Review, who builds, reconstructs, removes, structurally alters any building, or develops land in a manner other than shown by plans or plats approved by the Board of Review, shall be guilty of a Class A infraction as defined by IC 34-28-5-4 and subject to the penalties thereunder. Each day such noncompliance exists shall constitute a separate offense.
(C) The Historic District Board of Review, the Building Inspector, any designated enforcement official, or the city may institute relief in the Jefferson Circuit Court to restrain an individual, corporation, or government unit from violating the provisions of the city historic district chapter.
(Ord. 1982-12, passed 7-31-82; Am. Ord. 1987-12-B, passed 7-21-87)