HomeMy Public PortalAboutCHAPTER 158-Historic Districts.pdfCHAPTER 158-HISTORIC DISTRICTS
SECTION:
158.01. Purpose and Definitions
158.02. Historic Preservation Commission Establishment and Organization
158.03. Powers and Duties of the Commission
158.04 Historic Districts, Conservation Districts and Guidelines
158.05 Interim Protection
158.06 Certificates of Appropriateness (COA)
158.07 Visual Compatibility
158.08 Staff Approvals of Certificates of Appropriateness
158.09 Appeal Provisions
158.10 Maintenance
158.11 Relationship with Zoning Districts
158.12 Enforcement, Penalties, and Judicial Review
158.13 Severability
158.14 Applicability
158.01 Purpose and Definitions
(a) In order to:
(1) promote the educational, cultural and general welfare of the citizens of
Richmond;
(2) insure the harmonious and orderly growth and development of the
municipality;
(3) maintain established residential neighborhoods in danger of having their
distinctiveness destroyed;
(4) enhance property values and attract new residents;
(5) ensure the viability of the traditional Uptown area; and
(6) enhance tourism within the City of Richmond;
it is deemed essential by the City of Richmond 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 City of Richmond through this ordinance to preserve and protect
historic and architecturally worthy buildings, structures, sites, monuments,
streetscapes, and neighborhoods which impart a distinct aesthetic quality to the City
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 includes the plural, and the plural,
the singular. The word “shall” is always mandatory. The word “person” includes a
firm, a partnership, limited liability company, unincorporated association, or a
corporation, as well as an individual. Terms not defined in this section shall have the
meanings customarily assigned to them.
(1) Adjacent: any real property adjoining the property in question. This shall also
include properties directly or diagonally across a street, alley or public way.
(2) Alteration: a material change in the external architectural features of any
structure within an historic district.
(3) City: the City of Richmond, Indiana.
(4) Classifications of Structures or Buildings in Historic Districts
(a) Outstanding: the “outstanding” or “O” classification means that the
structure or building has sufficient historic or architectural significance and is
already listed, or is eligible for individual listing, in the National Register of
Historic Places.
(b) Notable: a classification of “notable” or “N” means that the structure or
building 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.
(c) Contributing: a “contributing” or “C” classification means the structure or
building 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 on the
National Register only as part of an historic district.
(d) Non-Contributing: a structure or building classified as “non-contributing”
or “NC” is property not described as one of the three above Historic
classifications . Such properties may be less than 40 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 the listing on the National
Register.
(5) Commission: the Historic Preservation Commission established by this
Chapter.
(6) Conservation District: a district established by ordinance in which the
regulations are less stringent than in an Historic District.
(7) Demolition: the complete or substantial removal of any building or structure.
(8) Preservation Guidelines: locally developed criteria 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.
(9) Historic District: a single building, structure, object, or site or a concentration
of buildings, structures, objects, spaces, or sites designated by ordinance adopted
pursuant to this chapter. Property not so designated will not be considered an
Historic District within the terms of this title.
(10) Interested Party: any one of the following:
(a) the Mayor.
(b) the Common Council.
(c) the Richmond Advisory Plan Commission.
(d) a neighborhood association, a majority of whose members are
residents of an historic district designated by an ordinance adopted under
this chapter.
(e) an owner or occupant of property located in an historic district
established by an ordinance adopted under this chapter.
(f) Historic Landmarks Foundation of Indiana, Inc., or any of its
successors.
(g) the state historic preservation officer designated under I.C. 14-3-3.4-
10.
(11) Routine Maintenance: in-kind work (e.g. replacing shingles with identical
shingles) or work which would not require a building permit, and any change that
is not construction, removal or alteration and for which no Certificate of
Appropriateness is required, and specifically including painting.
(12) Streetscape: the 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 (e. g., street lights,
trash receptacles, benches, etc.), the use of plant materials such as trees and
shrubs, and the setback, mass, and proportion of those buildings which enclose
the street.
(13) Visual Compatibility: those elements of design that meet the guidelines set
out in Section 158.07 of this chapter.
158.02 Historic Preservation Commission Establishment and Organization
(a) Creation: pursuant to I.C. 36-7-11-4, there is hereby established the Historic
Preservation Commission of the City of Richmond, Indiana (hereinafter referred t o as
the “Commission”).
(b) Composition: the Commission shall consist of seven (7) voting members and one
(1) non-voting advisory member appointed by the Unsafe Building Commission
annually. The voting members shall be appointed by the Mayor of the City of
Richmond, Indiana, subject to the approval of the Common Council of the City of
Richmond, Indiana. The members of the Commission should include those interested
in the preservation and development of historic areas and professionals in the
disciplines of architectural history, planning, and other disciplines related to historic
preservation, to the extent that those professionals are available in the community.
Commission members shall serve without compensation and shall be residents of the
City. (Ord. 15-2014)
(c) Term: members shall serve for a term of three (3) calendar years; however, in
order for the terms to be staggered, the initial terms of members shall be as follows:
Two shall expire December 31, 2001;
Two shall expire December 31, 2002; and
Three shall expire December 31, 2003.
A vacancy shall be filled by the same appointment authority within ninety (90) days
from the time of vacancy and the new member shall serve for the unexpired duration
of the term of the member who is being replaced.
(d) Commission Administrator: a City administrator designated by the Mayor shall
serve as the ex-officio administrator of the Commission. The administrator shall
provide staff assistance to the Commission, act as the Commission’s secretary, and
issue Certificates of Appropriateness as directed by the Commission.
(e) Officers: the Commission shall elect from its membership a Chairperson and Vice-
Chairperson who shall each serve for one (1) year and who may be reelected.
(f) Rules: the Commission shall adopt rules consistent with this title for the
transaction of its business. The rules must include the time and place of regular
meetings and a procedure for the calling of special meetings.
(g) Meetings: Commission meetings must be open to the public in accordance with
Indiana’s Open Door Law and a public record shall be kept of the Commission’s
resolutions, proceedings, and actions. The Commission shall hold regular meetings, at
least monthly, except when it has no business pending. Special meetings may be
called in a manner determined by the Commission and its rules.
158.03 Powers and Duties of the Commission
(a) The Commission shall be concerned with those elements of development,
redevelopment, rehabilitation, and preservation that affect visual quality in an Historic
District or Conservation District. Areas of concern may also include viewsheds,
landscapes, and streetscapes of historic importance. The Commission may not
consider details of design, interior arrangements, or building features, if those details,
arrangements, or features are not subject to public view.
(b) The Commission shall conduct a survey, or may adopt existing surveys, to identify
historic buildings, structures, and places located within the city.
(c) The Commission shall draw or have drawn and submit to the Common Council for
its approval a map or maps describing the boundaries of any Historic District or
Conservation District, as defined within this Chapter, it deems necessary for the City
of Richmond. The Commission shall also issue a report to the Common Council,
based upon its survey, which designates each building or structure shown within an
Historic or Conservation District, pursuant to the classifications shown within the
Definition section herein. Final approval of a Historic District or Conservation
District shall be by Common Council Ordinance.
(d) The Commission or its designee shall approve or deny applications for Certificates
of Appropriateness.
(e) The Commission shall promote public interest in historic preservation by initiating
and carrying on a public relations and community education program.
(f) The Commission may recommend that the City, the Richmond Redevelopment
Commission, or others:
(1) acquire any real or personal property, including easements, that is appropriate
for carrying out the purposes of the Commission; and
(2) sell, lease, rent, or otherwise dispose of real and personal property at a public
or private sale.
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.
(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 structu re
subject to view from a public way. The Commission may review the area and
recommend elevating the District to a Local Historic District status continuing the
status of a Conservation District; or removing all relevant status herein. Once
established, a Conservation District 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.
(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.
(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)
158.05 Interim Protection
(a) When submitting a map to the Common Council under this chapter, the
Commission may declare one (1) or more buildings or structures that are classified and
designated as historic on the map to be under interim protection.
(b) Not more than two (2) working days after declaring a building, structure, or site to
be under interim protection under this section, the Commission shall, by personal
delivery or certified mail, provide the owner and occupant of the building, structure or
site with a written notice of the declaration. For purposes of this subsection, only
owners of record in the Office of the Wayne County Assessor need be notified at their
addresses of record according to said office. The written notice must:
(1) Cite the authority of the Commission to put the building, structure, or site
under interim protection under this section;
(2) Explain the effect of putting the building, structure, or site under interim
protection; and,
(3) Indicate that the interim protection is temporary.
(c) A building or structure put under interim protection under this section remains
under interim protection until the map is approved or rejected in an ordinance by the
Common Council of the City of Richmond, Indiana. If Common Council has not
approved or rejected such an ordinance within 90 days after a building or structure is
placed under interim protection, the Commission must reaffirm such interim protection
status or it shall automatically cease. Interim protection may then continue up to an
additional 90 days or until Common Council takes action on said ordinance as herein
provided. Interim protection may only be reaffirmed one time, so that a building or
structure may be under continuous interim protection for a maximum of 180 days.
Once a building or structure ceases to be under interim protection, a one-year period
must pass before it can again be placed under interim protection.
(d) While a building, structure, or site is under interim protection under this section:
(1) The building, structure, or site may not be demolished or moved; and,
(2) The exterior appearance of the building, structure, or site may not be
conspicuously changed.
(e) The Commission may approve a Certificate of Appropriateness at any time during
the Interim Protection, provided the proposed change meets the criteria for considering
effect of actions on historic buildings in Section 158.06(e) of this chapter and any
proposed preservation guidelines prepared for the building, structure, or site.
(f) The Historic Preservation Commission does not have authority to issue an interim
protection order under this Chapter 158 once the Richmond Enforcement Authority
has initially determined a property to be an unsafe or blighted property and a pre-
hearing order has been issued and recorded by the Richmond Enforcement Authority
in accordance with Richmond City Code Chapter 98 and Indiana Code 36 -7-9. After a
pre-hearing order has been issued and recorded for a property, the Richmond
Enforcement Authority will seek a Continuous Enforcement Order from the Unsafe
Building Commission in accordance with Chapter 98 and Indiana Code 36-7-9. The
Richmond Historic Preservation Commission will not issue an interim protection order
in accordance with this Chapter 158 for said property until such time as the property is
brought into compliance as directed by a Continuous Enforcement Order issued by the
Richmond Unsafe Building Commission under Richmond City Code Chapter 98 and
Indiana Code 36-7-9. (Ord. 15-2014)
158.06 Certificates of Appropriateness (COA)
(a) Certificates of Appropriateness (COA) Required: A Certificate of
Appropriateness must be issued by the Commission before a permit is issued for, or
work is begun on, any of the following:
(1) In Historic Districts
a) The demolition of any building or structure;
b) The moving of any building or structure;
c) A conspicuous change in the exterior appearance of any
historic building (O, N, or C structures) or any part of or appurtenance to
such a building, including walls, fences, light fixtures, steps, paving, and
signs, by additions, reconstruction, or alteration (excluding routine
maintenance);
d) Any new construction of a principal building or accessory building or
structure subject to view from a public way;
e) A change in walls and fences, or the construction of walls and fences
along public ways; or
f) A conspicuous change in the exterior appearance on non-historic
buildings (NC structures) subject to view from a public way by additions,
reconstruction, and/or alteration (excluding routine maintenance).
(2) Conservation Districts
(a) The moving of any building;
(b) The demolition of any building; or
(c) Any new construction of a principal building or accessory building or
structure subject to view from a public way.
(b) Application for Certificates of Appropriateness: An application for a Certificate of
Appropriateness shall be made in the office of the Commission or its designee on
forms provided by that office. All applications shall be subject to the rules and
requirements established by the Commission.
(c) Approval or Denial of Certificates of Appropriateness: The Commission or its
designee shall approve or deny applications for Certificates of Appropriateness. If an
application for a Certificate of Appropriateness is approved, or is not acted on within
thirty (30) days after it is filed, a Certificate of Appropriateness shall be issued. The
Commission may grant an extension of the thirty-day limit with prior written
approval of the applicant. The Commission must report its findings and the reasons
for its decision in written form, and supply the applicant with a copy of its report. A
copy of the Certificate of Appropriateness must be submitted with the application for
a building or demolition permit; no building or demolition permit shall be issued
unless a copy of the Certificate of Appropriateness is provided by the applicant with
the application. If a building or demolition permit is not obtained within one year
after a Certificate of Appropriateness is approved, said Certificate of Appropriateness
shall expire and the applicant must reapply before obtaining a building or demolition
permit.
(d) Re-Applications: If an application for a Certificate of Appropriateness is denied by
the Commission, the applicant must wait at least one year before submitting a new
application for the same work.
(e) Criteria for Considering Effect of Actions on Historic Buildings: The Commission,
in considering the appropriateness of any reconstruction, alteration, maintenance, or
moving of an historic building, structure, site or any part of or appurtenance to such
building, structure, or site, including walls, fences, light fixtures, steps, paving, and
signs, shall require that such work be done in a manner that will preserve the
historical and architectural character of the building, structure, or appurtenance. In
considering historic and architectural character, the Commission shall consider,
among other things, the following:
(1) The purposes of this chapter;
(2) The historical and architectural value and significance of the building,
structure, site or appurtenance;
(3) The compatibility and significance of additions, alterations, details,
materials, or other non-original elements which may be of a different style and
construction date than the original;
(4) The texture, material, style, and detailing of the building, structure, site or
appurtenance;
(5) The continued preservation and protection of original or otherwise significant
structure, material, and ornamentation;
(6) The relationship of buildings, structures, appurtenances, or architectural
features similar to one within the same historic district, including for primary
areas, visual compatibility as defined in Section 158.07(b) herein; and,
(7) The position of the building or structure in relation to the street, public right-
of-way and to other buildings and structures.
158.07 Visual Compatibility
(a) Purpose: The purpose of this section is to preserve and encourage the integrity of
historic buildings, structures, sites, monuments, streetscapes, and neighborhoods and to
ensure their compatibility with any new work. The construction of a new building or
structure, and the moving, reconstruction, alteration, major maintenance, or repair
conspicuously affecting the external appearance of any building, structure, or
appurtenance within the boundaries of the primary area of a structure within an Historic
District must be generally of a design, form, proportion, mass, configuration, building
material, texture,, and location on a lot compatible with other buildings in the Historic
District and with places to which it is visually related.
(b) Criteria for Considering Visual Compatibility Within Historic Districts: Within an
Historic District, new buildings and structures, as well as existing buildings, structures,
and appurtenances that are moved, reconstructed, materially altered, or repaired, must be
visually compatible with buildings and places to which they are visually related. The
following compatibility factors should be considered when applicable:
(1) Height: the height of proposed buildings shall be visually compatible with
adjacent buildings.
(2) Proportion of Building’s Front Facade: the relationship of the width of a
building to the height of the front elevation must be visually compatible with
buildings, squares, and places to which it is visually related.
(3) Proportion of Openings Within the Facility: the relationship of the width of
the windows to the height of windows in a building must be visually compatible
with buildings, squares, and places to which it is visually related.
(4) Relationship of Solids to Voids in Front Facades: the relationship of solids to
voids in the front facade of a building must be visually compatible with buildings,
squares, and places to which it is visually related.
(5) Rhythm of Spacing of Buildings on Streets: the relationship of a building to
the open space between it and adjoining buildings must be visually compatible
with buildings, squares, and places to which it is visually related.
(6) Rhythm of Entrances and Porch Projections: the relationship of entrances and
porch projections of a building to sidewalks must be visually compatible with
buildings, squares, and places to which it is visually related.
(7) Relationship of Materials and Texture: the relationship of the materials and
texture of the facade of a building must be visually compatible with buildings,
squares, and places to which it is visually related.
(8) Roof Shapes: the roof shape of a building must be visually compatible with
buildings, squares, and places to which it is visually related.
(9) Wall of Continuity: appurtenances of a building or site, such as walls,
wrought iron fences, evergreen landscape masses, and building facades, must
form cohesive walls of enclosure along the street, if necessary to ensure visual
compatibility of the building to the buildings and places to which it is visually
related.
(10) Scale of the Building: the size of a building, and the building mass of a
building in relation to open spaces, windows, door openings, porches, and
balconies shall be visually compatible with the buildings and places to which it is
visually related.
(11) Directional Expression of Front Elevation: a building shall be visually
compatible with buildings, squares, and places to which it is visually related in its
directional character, including vertical character, horizontal character, or non-
directional character.
158.08 Staff Approvals of Certificates of Appropriateness
(a) Subject to the provisions of subsection (b) herein, the Commission may authorize the
staff of the Commission, on behalf of the Commission, to grant or deny an application for
a Certificate of Appropriateness.
(b) The Commission must specify the types of applications for minor classifications of
work that the staff of the Commission is authorized to grant or deny. The staff may not
be authorized to grant or deny an application for a Certificate of Appropriateness for the
following:
(1) The demolition of a building, structure, or site.
(2) The moving of a building or structure.
(3) The construction of an addition to a building or structure.
(4) The construction of a new building or structure.
(c) Any staff decision to deny a Certificate of Appropriateness may be appealed to the
Commission by the property owner or other Interested Party by written notice to the
Commission within thirty (30) days after the staff decision.
158.09 Appeal Provisions
(a) If the Commission denies the issuance of a Certificate of Appropriateness, the
property owner may appeal said denial to Wayne County Circuit or Superior Court in
accordance with I.C. 4-21.5-5.
(b) In addition to subsection (a), if the Commission denies the issuance of a Certificate
of Appropriateness for the demolition of a building or structure, a request for
reconsideration of a demolition permit may be made to the Commission in writing within
six (6) months after the initial denial and the Commission shall grant such certificate, but
only after the following is established:
(1) The property owner must demonstrate to the Commission that an historic
building or structure is incapable of earning an economic return on its value, as
established by a licensed and qualified real estate appraiser.
(2) The property owner shall file with the Commission documented evidence that
a good faith effort is being made to sell or otherwise dispose of such property at
fair market value to any public or private person or agency which gives a
reasonable assurance of its willingness to preserve and restore such property.
Such documented evidence shall be provided at the property owner’s expense and
shall include:
(a) offering price;
(b) date the offer of sale began;
(c) name and address of listing real estate agent, if any;
(d) a copy of an advertisement which offers the property for sale; and
(e) an appraisal of the property’s fair market value by a licensed real
estate appraiser.
(3) Notice of the proposed demolition must be given for a period of no less than
90 days nor more than 1 year from the date of proposed demolition, according to
the rating of the building as follows:
(a) “O” (Outstanding) - 1 Year
(b) “N” (Notable) - 9 Months
(c) “C” (Contributing) - 6 Months
(d) “NC” (Noncontributing) - 90 Days
(4) Notice must be posted on the premises of the building or structure proposed
for demolition in a location clearly visible from the street. In addition, notice
must be published in the local newspaper one time not more than sixty (60) days
nor less than thirty (30) days prior to expiration of the notice period established
in subsection (3) herein.
(5) The Commission may approve a Certificate of Appropriateness at any time
during the notice period under the above section, but shall be required to take
action on the petition for reconsideration prior to the end of the notice period. If
the Certificate is approved, a demolition permit shall be issued without further
delay and demolition may proceed.
158.10 Maintenance
(a) Historic buildings, structures, and sites shall be maintained to meet the applicable
requirements established under state statute and local code for buildings generally so
as to prevent the loss of historic material and the deterioration of important character
defining details and features.
(b) Nothing in this section shall be construed so as to prevent the ordinary repairs,
maintenance and painting of any building, structure, or site, provided that such repairs
or maintenance do not result in a conspicuous change in the design, form, proportion,
mass, configuration, building material, texture, location, or external visual appearance
of any structure, or part thereof.
158.11 Relationship with Zoning Districts
(a) Zoning districts lying within the boundaries of a Historic District are subject to
regulations for both the zoning district and the Historic District. If there is a conflict
between the requirements of the zoning district and the requirements of the Historic
District, the more restrictive requirements shall apply.
158.12 Enforcement, Penalties, and Judicial Review
(a) Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder,
architect, engineer, or otherwise, who violates any provision of this chapter shall be
subject to a fine as follows, for each offense:
(1) One hundred dollars ($100.00) for demolition; and,
(2) Fifty dollars ($50.00) for all other offenses.
(b) Each day of the existence of any violation of this chapter shall be a separate
offense.
(c) The erection, construction, enlargement, alteration, repair, demolition, moving, or
maintenance of any building, structure, or appurtenance which is begun, continued, or
maintained contrary to any provisions of this chapter is hereby declared to be a
nuisance and in violation of this chapter and unlawful. The City of Richmond,
Indiana, may institute a suit for injunction in the Circuit or Superior Court of Wayne
County to restrain any person or entity from violating any provision of this chapter and
to cause such violation to be prevented, abated, or removed. Such action may also be
instituted by any property owner who is adversely affected by the violation of any
provision of this chapter.
(d) The remedies provided for in this section shall be cumulative and not exclusive and
shall be in addition to any other remedies provided by law.
(e) Any person or party aggrieved by a decision or action taken by the Commission
shall be entitled to a judicial review hereof in accordance with I.C. 4-21.5-5.
158.13 Severability
(a) If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
ordinance shall not be affected thereby.
158.14 APPLICABILITY
(a) This Chapter shall be immediately applicable to all property within any
designated Historic or Conservation District for which the owner has signed the original
Petition requesting such District designation. It shall apply to all other property within a
District upon the first transfer of ownership in such property by deed, contract, or
inheritance, after the adoption date of the ordinance establishing the applicable District,
or twenty (20) years from the date of adoption for such ordinance, whichever event shall
first occur.
(Ord. 26-2000)