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HomeMy Public PortalAbout037-2018 - General - Adding a new Chapter 158 to City Code - Historic PreservationCOMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA ORDINANCE NO.37-2018 A GENERAL ORDINANCE AMENDING SUBSECTION 158.04 OF RICHMOND CITY CODE WHEREAS, Section 04 of Chapter 158 of the Richmond city code regulates the Establishment and Organization of the City of Richmond Historic Preservation Commission of the City of Richmond, Indiana ("City"); and WHEREAS, It is desirable to make changes to certain provisions in connection with the guidelines of said Commission: and WHEREAS, It is in the best interest of the City to update Chapter 158 Section 04 of the Richmond City Code. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the following section 158.04 of Richmond Code shall be amended to read as follows (with insertions in bold font and language to be stricken in strikethrough font): 158.04 Historic Districts, Conservation Districts and Guidelines (a) Initiation of District: All recommendations for the establishment of an Historic District or Conservation District shall be in the form of a written report and must be based on the criteria outlined in this section. A recommendation for establishing an Historic District or Conservation District may be initiated from either of the following two (2) sources: (1) Based on its survey, the Commission may draw maps and reports for Common Council approval, as described above. (2) Owners of property wishing to establish an Historic District or Conservation District which includes their property may petition the Commission to consider drawing and submitting a map or maps of said property to the Common Council for its approval. The Commission may establish in its rules criteria to be met before it considers a petition. (b) Commission Preparation of Maps: In order to establish an Historic District or Conservation District, the Commission shall first prepare (or cause to be prepared) 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 sites located within the City of Richmond, Indiana. (2) A Historic or Conservation District may be limited to the boundaries of a property containing a single building, structure, or site, or may contain multiple contiguous buildings structures, or sites. (c) Classification of Buildings: The Commission shall classify and designate on the map all buildings, structures, and sites within each Historic or Conservation District described on the map as follows: (1) Outstanding; (2) Notable; (3) Contributing; or (4) Non-Contributing/Non-Historic (d) Notice and Approval of Owners: Before Common Council may adopt any ordinance establishing an Historic District or a Conservation District, all owners of property within the proposed district must be notified by Certified mail, return receipt requested, at least thirty days before any public hearing is held with respect to such ordinance. For purposes of this subsection, only owners of record in the office of the Wayne County Auditor need be notified at their addresses of record according to said office. In addition, at least fifty percent (50%) of the parcel owners (based upon individual number of parcels and not size of parcels) in a proposed Historic District or Conservation District must agree to the designation of being in such a District which agreement must be evidenced by a written petition signed by such owners prior to submission to Council. Such petition may be one and the same as a petition filed by residents to establish an Historic District or Conservation District. (e) Historic District: Notwithstanding anything to the contrary within this Chapter Common Council may adopt an ordinance establishing a Local Historic District which will require the notice and approval set forth within Section 158.04 (d). Once established, a Local Historic District shall continue unless removed by ordinance. (e f) Conservation District: The Commission may recommend, and the Common Council may provide that the establishment of a Local Historic District shall occur in two (2) phases. During the first phase, which continues for a period of three (3) years from the date the ordinance is adopted, a certificate of appropriateness is required for the following activities: the 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. N twiths+.,.,ding .,...q, ing to the eentfafy within this Chapter-, befefe Gemmen Getineil may adept any er-dina-fiee establishing a 14ister-ie Pistr-iet, the afea must first hm,e been established as a Geasefvatk - l ick-€er-at 1 eafs. At theend of the The Commission may review the area and recommend elevating the District to a Local Historic District status (Whieh will-ree}. the same notice and approval set forth within Section , c4 04(d)). ^ontinuing the status of a Conservation District; or removing all relevant status herein. Once established, a Conservation District o- Hist^"i^ Dist iet shall continue unless removed by ordinance. (€ g) Common Council Approval of Maps of Historic Districts and Conservation Districts: Before an Historic District or Conservation District is established and the building classifications take effect, the map setting forth the district's boundaries and building classifications must be submitted to, and approved in an ordinance by the Common Council, which may be in the same ordinance creating the District. (g h) Recording the Fact of Designation: The boundaries of any Historic District or Conservation District shall be recorded in the Office of the Wayne County Recorder. (h i) Additional Regulations: Each ordinance approved by Common Council establishing an Historic District or a Conservation District shall include any additional regulations or guidelines not contained in this chapter that will be applicable in said district to determine whether a Certificate of Appropriateness shall be issued. Each such ordinance shall be codified and placed in City Code as recommended by the City Law Department. (Ord. 26-2000; Ord. 37-2018) NOW, THEREFORE, be it also ordained by the Common Council of the city of Richmond, Indiana, that this Ordinance shall be in full force and effect from and after its passage and adoption by the Common Council of the City of Richmond, Indiana. Passed and adopted this 9*'o day of� _, 2018, by the Common council of the City of Richmond, Indiana. President (J opeman) ATTEST: �J% , City Clerk (Karen Chasteen, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this Z�± day of 2018, at 9:00 a.m. ,City Clerk APPROVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this day of 5 C f r c3(--J& , 2018, at� ( d 36,4,., ATTEST ,City Clerk (�[�-C--13asteerr,�bi��b4�4�-