(a) Purpose of historic preservation and protection: to promote the educational, cultural and general welfare of the citizens of Pendleton 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 Town of Pendleton; it is deemed essential by the Town of Pendleton 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 Town of Pendleton through this subchapter 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.
(B) Definitions: the following terms shall have the following meaning unless a contrary meaning is required by the context or is specifically prescribed. 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 change in the external architectural features of any building, structure, or site within a historic district.
"CLASSIFICATIONS."
(1) "OUTSTANDING." The "O" classification means that the property has sufficient historic or architectural significance that it is listed, or is eligible for individual listing, in the National Register. "OUTSTANDING" resources can be of local, state, or national importance.
(2) "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.
(3) "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. Such 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.
(4) "NON-CONTRIBUTING." Property classified as "NC" is not included in an inventory unless it is located within the boundaries of a 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 listing in the National Register.
"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 subchapter.
"INTERESTED PARTY." One 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 subchapter.
(5) An owner or occupant of property located in a historic district established by an ordinance adopted under this subchapter.
(6) Indiana Landmarks, or any of its successors.
(7) The state historic preservation officer designated under IC 14-3-3.4-10.
"TOWN." The Town of Pendleton, Indiana.
"NATIONAL REGISTER." The National Register of Historic Places.
"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 (such as 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.
"VISUAL COMPATIBILITY." Those elements of design that meet the guidelines set out in § 33.42.
(Ord. 2010-06, passed 9-2-10)