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HomeMy Public PortalAbout074-1994 -STRICKEN - GENERAL ORDINANCE ADDING CHAPTER 158 TO TORDINANCE NO. 74-1994 A General Ordinance Adding Chapter 158 To The Richmond Code In Order To Promote Historic Preservation And Protection WHEREAS Richmond, Indiana, has a rich heritage in its historic structures and other physical improvements, and WHEREAS it is desirable to preserve and protect the historic or architecturally worthy buildings, structures, sites, monuments, streetscapes, and neighborhoods of historic districts located within the City, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that Chapter 158 be added to the Richmond Code as follows and that same become effective January 1,1995 or thirty days after publication thereof upon final adoption, whichever occurs last. 158.01 PURPOSE OF HISTORIC PRESERVATION AND PROTECTION In order to promote the economic, educational, cultural, and general welfare of Richmond; to ensure the harmonious, orderly, and efficient growth and development of the municipality; to provide neighborhoods with the power to protect their unique character; and to preserve and protect the historic or architecturally worthy buildings, structures, sites, monuments, streetscapes, and neighborhoods of historic districts, it is deemed essential by the City that the qualities relating to the history of the City and a harmonious outward appearance of structures which support and enhance property values and attract residents be preserved. Some of these qualities are the continued existence, restoration, and preservation of historic areas and buildings, the construction of compatible new buildings where appropriate, and general compatibility as to style, form, proportion, texture, and the material between the buildings of historic design and those of contemporary design. This purpose is advanced through the preservation and protection of the historically or architecturally worthy structures, sites, and districts which impart a distinct aesthetic quality to the City and which serves as reminders of the historic heritage of the City. 158.02 ESTABLISHMENT OF AN HISTORIC PRESERVATION REVIEW BOARD (a) Creation: For the purpose of making effective the provisions of this Chapter, there is hereby established an historic district board of review to be known as the historic preservation review board (hereinafter referred to as "the board"). (b) Staffing: The staff of the City Department of Planning (hereinafter referred to as "the staff") shall serve as staff to the board. Each official of the city who has responsibility for building inspection, building permits, planning, or zoning shalt provide the necessary technical, administrative, or clerical assistance requested by the board. (c) Composition: The board shall consist of 7 voting members who must be residents of the City. All members shall be appointed by the Mayor of the City subject to the approval of the Richmond Common Council (hereinafter referred to as "Common Council"). Of the members appointed, at least 1 shall be a member of the Neighborhood Clearinghouse organization. All members shall have an interest in the preservation and development of historic buildings and areas. (d) Terms of Office: Terms of voting board members appointed to terms commencing January 1,1995, shall be staggered as follows: 3 members for three-year terms, 2 members for two-year terms, and 2 members for a one-year term. Thereafter, voting members shall each serve for a term of 3 years. All terms shall commence on January 1 and expire on December 31. A vacancy shall be filled through appointment by the Mayor and approval of the Common Council only for the unexpired duration of the term. (e) Serve without compensation: Members of the board shall serve without compensation in the performance of their duties. 158.03 ORGANIZATION (a) Board administrator: The director of the Department of Planning shall serve ex officio as administrator of the board. The administrator shall provide staff assistance to the board, act as the board's secretary, and issue certificates of appropriateness as directed by the board. (b) Board officers: The board shall elect from its members a chairman and vice chairman, who shall serve for one year and may be reelected. (c) Board meetings: The board 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 board in its rules. All meetings must be open to the public, and a public record of the board's resolutions, proceedings, and actions must be kept. (d) Board rules: The board shall adopt rules consistent with this chapter for the transaction of its business. The rules shall include, but not be limited to, the following: (1) Time and place of regular meetings; (2) A procedure for the calling of special meetings. (e) Quorum: A quorum of 4 voting members of the board must be present at a meeting for the board to take action. Board action: Any action of the board taken at a meeting at which a quorum is present shall be determined by a majority of those actually voting. 158.04 POWERS (a) The board shall be concerned with those elements of development, redevelopment, rehabilitation, and preservation that affect visual quality in historic districts. (b) 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 not make any requirement except for the purpose of preventing development, alteration, or demolition in the historic district obviously incongruous with the historic district. (d) The board shall conduct a survey or may adopt existing surveys to identify historic buildings, structures, and/or places located within the City. 158.05 ESTABLISHMENT OF HISTORIC DISTRICTS (a) Initiating an historic district recommendation: A recommendation for the establishment of an historic district may be initiated from either of the following 3 sources: (1) Based on its survey, the board may draw and submit historic district maps for Common Council approval. (2) Owners of property in fee simple may draw and submit historic district maps for Common Council approval. (3) Neighborhood associations established under Chapter 157 of the Richmond Code may draw and submit historic district maps for Common Council approval. (b) Preparation of historic district maps: In order to establish an historic district, a map shall be prepared describing said district in accordance with the following. (1) The map shall be based on a survey which identifies historic buildings, structures, and placed located within the proposed district. (2) A district may be limited to the boundaries of a property containing a single building, structure, or site. (3) The map may divide the district into primary and secondary areas as follows. a. Primary area: The principal area of historic and architectural significance. b. Secondary area: An area adjacent to a primary area 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. Fa (4) The map shall classify and designate all buildings and structures within each historic district described on the map as follows. a. Historic: Such buildings and structures must possess identified historic and/or architectural merit of a degree warranting their protection. These may be further classified by any system which the board devises. b. Nonhistoric buildings: Buildings and structures not classified on the map as historic. (c) Approval of maps of historic districts: Before an historic district is established and the boundary classification take effect, the map setting forth its boundaries and building classifications must be submitted as a special ordinance to Common Council. The ordinance shall be referred to the Plan Commission for conducting a public hearing using the same procedure as an amendment to the zoning map. The Planning Department staff shall notify all neighborhood associations organized under Chapter 157 of the Richmond Code and invite their participation at said public hearing. (d) Historic district criteria: An historic district shall not be established unless the proposed map includes a building, groups of buildings, structure(s), site(s), monument(s), streetscape(s), or neighborhood(s) which meet at least one of the following criteria: (1) Historic: a. Has significant. character, interest, or value as part of the development, heritage, or cultural characteristics of the city, state, or nation; or is associated with the life of a person significant in the past; or b. Is the site of an historic event with a significant effect upon society; or c. Exemplifies the cultural, political, economic, social, or historic heritage of the community- (2) Architecturally worthy: a. Portrays the environment in an era of history characterized by distinctive architectural style; or b. Embodies those distinguishing characteristics of an architectural or engineering type, or c. Is the work of a designer whose individual work has significantly influenced the development of the community; or d. Is the work of a designer of such prominence that such work gains its value from the designer's reputation; or e. Contains an element of design, detail, material, or craftmanship which represents a significant innovation; or f. Contains an architectural style, detail, or other element in danger of becoming extinct; or g. Owing to its unique location or physical characteristics, represents an established and familiar visual feature of a neighborhood or the city. 158.06 CERTIFICATES OF APPROPRIATENESS (a) Certificates of appropriateness required: A certificate of appropriateness must be issued by the board before a permit is issued for or work is begun on, any of the following: (1) Within all historic districts established under this Chapter, upon a. the demolition of any building; b. the moving of any building, c. a conspicuous change in the exterior appearance of any historic building; or d. any new construction of a principal building or accessory building or structure subject to view from a public way. (2) Within a primary area of historic districts established under this Chapter if there is a. a change in walls and fences, or the construction of walls and fences, along public ways, or b. a conspicuous change in the exterior appearance of nonhistoric buildings subject to view from a public way by additions, reconstruction, or alteration, provided, however, a certificate of appropriateness shall not be required for a change in paint colors. M (b) Application for certificates of appropriateness: An application for a certificate of appropriateness may be made in the office of the Department of Planning on forms provided by that office and shall be subject to the following requirements: (1) The board may adopt, as a part of rules, filing requirements which it finds reasonable and necessary to expedite the business of the board. These rules may include, but are not limited to, filing deadlines and application requirements such as sketches, drawings, photographs, descriptions, or other information which the board requires to make a decision; (2) No fee shall be charges for such an application. (c) Approval or denial of certificate of appropriateness: The Board may approve or deny certificates of appropriateness for any actions covered by this ordinance. (1) If an application for a certificate of appropriateness is approved by the board or is not acted on by the board within 30 days after it is filed, a certificate of appropriateness shall be issued after which the required permits and work may proceed as authorized by the certificate of appropriateness. (2) If the board denies an application for a certificate of appropriateness within 30 days after it is filed, the certificate may not be issued. In this case, the board must state its reasons for the denial.inT,writing mmand advise the applicant _.. ..... _......______...____._ ___..m__..._.. _._ _.._...._........_.._ .. ._._.___ _____.:.. (3) The board may grant an extension of the 30 day limit prescribed by subsection (c) (1) and (c) (2) if the applicant agrees to it. (4) The board may advise and make recommendations to the applicant before acting on an application for a certificate of appropriateness. (5) The board may approve certificates of appropriateness subject to conditions which must be complied with by the applicant. (d) Expiration of certificate of appropriateness: At the time a certificate of appropriateness is approved, the board may set a period not to exceed 12 months, after which the certificate of appropriateness shall expire. The board may, at any time, renew a certificate of appropriateness. (e) Right to board review: In any case where an applicant does not receive a certificate of appropriateness or otherwise feels aggrieved by an action of the administrator, the applicant shall have the right to a review by the board. 158.07 MAINTENANCE STANDARDS (a) Conformance to statutory requirements of buildings: Historic buildings shall be maintained to meet all applicable requirements established under building codes generally. (b) Ordinary repairs and maintenance: Nothing in this ordinance shall be construed so as to prevent the ordinary repair and maintenance 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. (c) Certificates of appropriateness not required: (1) Ordinary repairs and maintenance as defined in the preceding paragraph may be begun and executed without a certificate of appropriateness issued by the board. (2) The board may adopt as part of its rules a list of those actions it considers to be ordinary repair and maintenance and not requiring a certificate of appropriateness. (3) In determining whether or not specific actions constitute ordinary repair and maintenance as defined in this ordinance, persons shall consider this ordinance and any applicable guidelines adopted by the board in its rules. (4) The board shall review and act upon any case where a question exists whether or not specific action is an ordinary repair and maintenance not requiring a certificate of appropriateness. 158.08 DEVELOPMENT STANDARDS (a) New construction, contemporary design, and nonhistoric buildings: The construction of a new building or structure, and the moving, reconstruction, alteration, or major maintenance conspicuously 4 affecting the external appearance of any nonhistoric building, structure, or appurtenance within the primary area of an historic district must be generally of a design, form, proportion, mass, configuration, building material, texture and location on a lot compatible with buildings in the historic district and with places to which it is visually related. It is not the intent of this Chapter to limit or discourage new construction or other development, nor to limit it to any one period or architectural style, nor to discourage contemporary architectural expression, but rather to preserve and encourage the integrity of historic buildings, structures, sites, monuments, streetscapes, and neighborhoods and to ensure their compatibility with any new work. (b) Criteria for considering effect of actions on historic buildings: The board, in considering the appropriateness of any reconstruction, alteration, maintenance, and moving of an historic building or structure, or any part of or appurtenance to such building or structure, 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 board shall consider, among other things, the following: (1) Purposes of this chapter; (2) Historical and architectural value and significance; (3) Compatibility and significance of additions, alterations, details, mmaterials, �or other. T mmmmm mmm mmm nonoriginal elements which may be a different style and construction date than the original; (4) The texture, material, style, and detailing of the building, structure and 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 to similar ones within the same historic district, including for primary areas, visual compatibility as defined in subsection (d) below; and (7) The position of the building or structure in relation to the street, public right-of-way and to other buildings and structures. (c) Criteria for moving historic buildings: An historic building or structure may be relocated to another site if it is shown that preservation on its current site is inconsistent with subsection (b). (d) Criteria for considering visual compatibility within historic primary areas: Within the primary area of an historic district, new buildings and structures, as well as buildings, structures, and appurtenances that are moved, reconstructed, materially altered, or repaired must be visually compatible with buildings, squares, and places to which they are visually related generally in terms of the following visual compatibility factors: (1) Height. The height of proposed buildings must 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 to 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 the windows in a building must be visually compatible with buildings, squares, and places to which it is visually related. (4) Rhythm 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 building on streets. The relationship of a building to open space between it and adjoining buildings must be visually compatible to the buildings, squares, and places to which it is visually related. (6) Rhythm of entrances and porch projections. The relationship of entrances and porch projections to sidewalks of a building must be visually compatible to the 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 the predominant materials used in the buildings to which it is visually related. (8) Roof shapes. The roof shape of a building must be visually compatible with the buildings 5 to which it is visually related. (9) Walls of continuity. Appurtenances of a building, 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, squares, and places to which it is visually related. (10) Scale of a building. The size of a building, and the building mass of a building in relation to open spaces, windows, door openings, porches, and balconies must be visually compatible with the buildings, squares, and places to which it is visually related. (11) Directional expression of front elevation. A building must be visually compatible with the buildings, squares, and places to which it is visually related in its directional character, including vertical character, horizontal character, or nondirectional character. 158.09 DEMOLITION (a) Purpose: The purpose of this section is to preserve historic buildings and structures that are important to the education, culture, traditions, and economic value of the community by affording the city, neighborhood associations, preservation organizations, and interested persons the opportunity to acquire or arrange for the preservation of those buildings. (b) Certificate of appropriateness required: A certificate of appropriateness must be issued by the board before a demolition permit is issued by other agencies of the city and work is begun on the demolition of any building or structure in any area of an historic district. (c) Criteria for considering demolition: Criteria for the board to consider in the case of a proposed demolition include the following: (1) Effect, detrimental or not, of the demolition to the character of the historic district; (2) State of deterioration, disrepair, and structural stability of the structure; (3) Balance of the public interest in preserving the structure or the integrity of the district with the interest of the owner of the building or structure in the use and utilization of the property; and (4) Possible alternatives to demolition. (d) Factors for allowing demolition without certificate of appropriateness: If the board denies the issuance of a certificate of appropriateness for the demolition of a building or structure, a demolition permit may be issued by other agencies and a building may be demolished, but only after establishing all of the following: (1) The property owner must demonstrate to the board that an historic building or structure is incapable of earning an economic return on its value, as appraised by a licensed real estate appraiser. (2) The property owner shall file with the administrator documented evidence that a good faith effort is being made to sell or otherwise dispose of such property at or below 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 is to begin; 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 qualified real estate appraiser. (3) Notice of the proposed demolition must be given for a period fixed by the board, based on the board's classification on the approved map, but not less than 60 days nor more than 1 year. 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 a newspaper of general local circulation at least 3 times before demolition, with the first publication not more than 15 days after the application for a permit to demolish is filed, and the final publication at least 15 days before the date of the permit. rl The board may approve a certificate of appropriateness at any time during the notice period described in the preceding paragraph. If the certificate is approved, a demolition permit shall be issued without further delay, and demolition may proceed. 158.1Q PUBLIC SAFETY Nothing in this ordinance shall be construed as to prevent the construction, reconstruction, alteration, or demolition of a structure, building, or any part thereof within an historic district when so ordered by an agency of government having jurisdiction thereof provided that the following actions occur first: (1) The agency having jurisdiction shall determine that a structure or building or any part thereof is immediately hazardous or dangerous to the health and safety of persons or to property; (2) The agency issuing such an order shall notify the board administrator who in turn shall notify the board; and (3)If demolition is ordered, the agency issuing such an order shall make every effort possible to secure the property or otherwise delay demolition until the board can act as designated in this section. Demolition so ordered may occur prior to board action only when an immediate hazard or danger to the health and safety of persons or property exists and no reasonable steps can be taken to afford protection to persons or property affected. 158.11 CONFLICTS WITH ZONING DISTRICTS (a) Zoning districts lying within the boundaries of an historic district are subject to regulations for both the zoning district and the historic district. If there is a conflict between requirements of the zoning district and the requirements of the historic district, the more restrictive requirements apply. 158.12 ENFORCEMENT, PENALTIES, AND JUDICIAL REVIEW (a) Enforcement: This chapter shall be enforced using personnel and policies designated by the director of the Department of Administration. (b) Penalties: (1) Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer, or otherwise, who violates any provision of this chapter shall pay a fine, as follows, for each offense: a. Not less than $10.00 nor more than 2,500.00 for demolition. b. Not less than $10.00 nor more than $1,000.00 for all other offenses. Each day of the existence of any violation of this chapter shall be a separate offense. (2) 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 a violation of this chapter. The city may institute a suit for injunction in the circuit court or superior court of the county to restrain any person or governmental 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 provisions of this chapter. (3) The remedies provided in this section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. (c) Judicial Review: Any person or party aggrieved by a decision or action taken by the board shall be entitled to a judicial review thereof in accordance with Indiana Code 4-22-1. 158.13 RECORDING THE FACT OF HISTORIC DISTRICT DESIGNATION The boundaries of any historic district shall be recorded in the office of the Wayne County Recorder. 7 CITY OF RICHMOND DEPARTMENT OF ADMINISTRATION 50 North Fifth Street Richmond, Indiana 47374 Phone (317) 983-7220 Fax (317) 962-7024 September 15,1994 Common Council Richmond, IN 47374 RE: Ordinance No. 74-1994 Dear Council Member: ROGER CORNETT Mayor Janet Hibner Director This ordinance is a revised version of the "Historic Review Ordinance" distributed to you in your packet for the 9-6-94 Council meeting. The ordinance is being sponsored by Council Member Hutton. The style of presentation has been changed to conform to the Richmond Code. The text of the Ft. Wayne ordinance remains with only minor changes except for one provision. As the first step in a procedure to establish "an historic district", the Ft. Wayne ordinance provided the map be submitted to the neighborhood association, if any, and the Plan Commission for review and comment. The Historic Preservation Review Board was then to conduct a public hearing. The map would then be submitted to council as an ordinance for adoption. I revised this procedure to allow 3 different sources to initiate the filing of an ordinance with Council to establish an historic district, namely, the Historic Preservation Review Board, owners of property in fee simple, or neighborhood associations established under Chapter 157 of the Richmond Code. Council would refer the ordinance to Plan Commission for conduct of a public hearing pursuant to the procedure used in amending the zoning map, The Planning Department staff would be required to invite all neighborhood associations to participate in the public hearing. The plan staff would convey the opinion of the Historic Preservation Review Board to the Plan Commission as part of its recommendation. The ordinance would then go back to Council on second reading and follow the same procedure as any other ordinance. The ordinance contains a penalty provision and, therefore, must be published in the Palladium -Item in full prior to taking effect. The 1-1-95 date was selected for administrative ease. Sincerely yours, Thomas S. Milligan City Attorney TSM/ags DISPOSITION OF ORDINANCE NO. 7-19 V RESOLUTION NO. -19 q by Common Council Ordinance Nol� Resolution No. Elstro Lundy Brookban Donat McBri a Parke Allen Dickmar Hutton Date —qy Susp. rules Ist read / Title only !/ Seconded Proof of Publicaton ------------------------- Seconded ------ -------- ---------- ------ ------ ------ ------ ---------- Move to 2nd read ------------------------- Seconded ------ -------- ---------- ------ ------ ------ ------ ---------- Engrossment ------------------------- Seconded ------ -------- ---------- ------ ------ ---- ------ ---------- Susp rules 3rd read ------------------------- Seconded ------ -------- ----------------- ------ ------ ------ ---------- I Passage t/ ------ -- OR - ------ --------- ---------- ----- ----- ------- ----- --------- Rejection Date Passed COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: