Loading...
HomeMy Public PortalAbout007-1982 - Amending Chapter 154 - Zoning - Establishing Historic District - StrickenORDINANCE NO. 7-1982 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE BEING ORDINANCE NO. 2325-1968, ESTABLISHING A HISTORIC DISTRICT BUREAU, PROCEDURES FOR ESTABLISHING HISTORIC DISTRICTS, AND DEFINING THE ROLE OF A HISTORIC DISTRICT BUREAU. WHEREAS, there exist many areas and structures associated with the his- torical past and heritage of the City of Richmond, Indiana and Wayne County within the City of Richmond, Indiana and the per- sons who have contributed in an outstanding manner to the cultural, educational, social, and artistic development of the City of Richmond in Wayne County and the State of Indiana, to the glory of our city; and, WHEREAS, said historic structure and areas are located in older neighbor- hoods where they are subject to being overwhelmed by decay and dilapidation; and, AREAS, in order to preserve said areas and structures and prevent further deterioration and the destruction thereof, it is vital and urgent to develop and carry out the plans to permit the preservation and enhancement of such areas and structures as well as to administer methods and techniques of control, including architectural con- trol; and, WHEREAS, the establishment of a Historic District Board of Review will promote the economic growth of designated historic districts and all other parts of the City of Richmond through the encourage- ment of tourism, business and residential investment and will foster civic pride in those historic areas, and if such objec- tives are obtained, the general public welfare will be greatly served; and, WHEREAS, the establishment of a Historic District Board of Review will promote the conservation, protection, restoration, rehabilita- tion, use, and overall enhancement of structures, sites and districts within the city and its two-mile planning fringe having a special historic, architectural, community, or aesthetic interest or value. NOW, THEREFORE, BE IT ORDAINED by the CMMn Council of the City of Richmond, Wayne County, Indiana: SECTION 1. That existing Article 63 of the Zoning Ordinance be renumbered and shall become Article 64. SECTION 2. That a new Article 63 of the Zoning Ordinance entitled RICHMOND HISTORIC DISTRICT BUREAU shall be added and shall read as follows: ARTICLE 63 RICHMOND HISTORIC DISTRICT BUREAU 63.00 RICHMOND HISTORIC DISTRICT BUREAU: There shall be established a historic district board of review to be officially known as the Richmond Historic District Bureau (hereinafter "Buread') consisting of five (5) voting members. The voting members shall be appointed by the Mayor. Voting members shall each serve for a term of three (3) years; however, the initial terms of members may be for one (1) year, two (2) years, or three (3) years in order for the terms to be staggered. The mayor shall appoint a member to fill a vacancy for any tern. A member shall continue until his or her replacement has been appointed and qualified. Members must be residents of the various voting corporate limits of the City of Richmond, Indiana who have an interest in preservation and development of historic areas. ORDINANCE NO. 7-1982 Page Ztao 63.001 The Bureau shall appoint the Planning Director of the City of Richmond as administrator who shall serve without additional compensation except reasonable ex- penses incurred in the performance of his duties with- in the confines of the budget approved by Common Council. 63.002 Members of the Bureau shall serve without compensation, but may be paid for reasonable expenses incurred in the performance of their duties within the confines of the budget approved by Common Council. 63.003 The Bureau shall elect from its membership a chairman and vice chairman who shall serve for one (1) year and who may be re-elected but in no event shall any individual serve more than two (2) consecutive terms in the same office. The Bureau shall adopt rules for the transaction of its business not inconsistent with this ordinance in- cluding but not limited to a schedule of guidelines con- cerning visual and compatability factors to be considered in the determination of any application. The rules must include the time and place of regular meetings of the Bureau and the procedure for the calling of special meetings. All meetings of the Bureau must be open to the public and a public record shall be kept of the Bureau resolutations, proceedings and actions. The administrator shall act as the Bureau's secretary. 63.004 The Bureau shall hold regular meetings, at least monthly, except when it has no business pending whatever. 63.005 A majority of members shall constitute a quorum. No action of the Bureau is official, however, unless authorized by a majority of the bureau at a regular or properly called special meeting. 63.006 Each official of the city who has responsibility for building inspection, building permits, planning, or zoning shall provide such technical, administrative and clerical assistance as may be requested by the Bureau. 63,01 POWERS AND DUTIES OF THE BUREAU: The Bureau shall be concerned with those elements of development, redevelopment, rehabilitation, and preserva- tion that affect visual quality in the historic district. The Bureau may not consider details of the design, interior arrangements, or building features, if those details, arrangements, or features are not subject to view from public thoroughfare. It is not intended that the Bureau may make any requirement except for the purpose of pre- venting development, alteration, or demolition in historic districts obviously incongruous with the historic district. 63.011 The Bureau shall conduct a survey to identify historic buildings, structures, and places located within the City. A group or district of buildings, structures, or places may be designated an historic district if it: (1) is eligible for inclusion in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966; or, (2) is associated with events that have made a contri- bution to, and are identified with, or which repre- sent some important aspect of the cultural, political, economic, military, or social history of the city, the state of Indiana, or the nation; or, ORDINANCE NO. 7-1982 Page Three (3) is associated with the lives of persons signi- ficant in the past; or, (4) is representative of elements of architectural or landscape design or craftmanship which embody characteristics of a type, period, style, method of construction, or development; or, (5) is the work of an architect, landscape architect, designer, builder, or craftsman whose work in- fluenced the development of the city, the state of Indiana, or the nation. 63.012 Based on its survey, the Bureau shall submit to the Common Council of the City of Richmond, Indiana a map describing the boundaries of a historic district or historic dis- tricts. The map may divide a district into primary and secondary areas. 63.013 The Bureau shall also classify and designate on the map all structures within each historic district described on the map. Such buildings and structures shall be divided into two (2) classes: (1) HISTORIC. Those buildings classified as historic must possess identified historic or architectural merit of a degree warranting their preservation. They may be further classified as: (A) Outstanding; (B) Significant; (C) Contributing; or In lieu of further classifications, the Bureau may devise its own system of classification for historic buildings subject to approval by the Comnon Council of the City of Richmond, Indiana. (2) NONHISTORIC. Those buildings and structures not classified on the map has historic. 63.02 APPROVAL BY COMMON COUNCIL REQUIRED: The ordinance and map setting forth the historic district boundaries and building classifications shall be submitted to the Commn Council for approval by ordinance. The Common Council shall refer the ordinance and map to the Plan Commission for recommendation. The Plan Commis- sion shall compare the proposed ordinance and map to the Master Plan for possible areas of conflict and shall con- duct public hearings on the proposal with personal notice of the hearing to the persons owning property within five hundred (500) feet in all directions of the proposed dis- trict. An adverse recommendation of the Plan Commission shall not be overridden by the Common Council except by a two-thirds (2/3) vote of the Common Council. 63.03 FURTHER SURVEYING AND MAPPING: The Bureau may conduct such surveys and draw and submit for approval of the Comnon Council such maps from time to time as it deems appropriate. ORDINANCE NO. 7-1982 Page Four 63.04 RELATIONSHIP TO ZONING DISTRICTS: The historic district regulation as provided in this chapter is intended to preserve and protect the his- toric or architecturally worthy buildings, structures, sites, monuments, streetscapes, squares and neighbor- hoods of the historic districts. In all zoning districts lying within the boundaries of the historic districts the regulations for both the zoning district and the historic district shall apply. Whenever there is conflict between the requirements of the historic district and zoning district, the more restrictive shall apply. 63.05 CERTIFICATE OF APPROPRIATENESS REQUIRED: A Certificate of Appropriateness must be issued before a permit is issued for, or work is begun, on any of the following: (1) Within all areas of the historic district: (A) The demolition of any buildings that have not been condemned by an agency of local, county or state government; (B) The moving of any building; (C) A conspicuous change in the exterior appearance of existing buildings classi- fied as historic by additions, reconstruc- tion or alteration; or, (D) Any new construction of a principal building or accessory building or structure subject to view from a public way. (E) The placement of any temporary shed, moveable appurtenance or other accessory enclosure that does not have a permanent foundation, including but not limited to the following: wooden storage sheds on skids, prefabri- cated metal sheds without a permanent foundation, and storage trailers. (2) Within a primary area of the historic districts: (A) A change in walls and fences or construction of walls and fences, if along public ways; or, (B) A conspicuous change in the exterior appear- ance of non -historic buildings subject to view from a public way by additions, recon- struction or alteration. Certificates of Appropriateness for all of those activities listed above may be issued by the administra- tor when, in the opinion of the administrator, the activities proposed are within the standards for rehabilitation of Historic Districts and Buildings as approved by the Common Council of the City of Richmond, Indiana. ORDINANCE NO. 7-1982 Page Five 63.051 Standards for Rehabilitation of Historic Districts and structures shall be prepared by the Bureau and submitted for adoption by Common Council prior to commencing operation under the authority of this ordinance. Such standards shall be patterned after the Secretary of the Interior's Standards for Rehabilitation. 63.06 APPLICATION FOR CERTIFICATE OF APPROPRIATENESS: Application for a certificate of appropriateness may be made in the office of the Plan Department on forms provided by that office. Detailed draw- ings, plans, or specifications are not required; however, to the extent reasonably required for the Bureau to make a decision, each application must be accompanied by such sketches, drawings, photographs, descriptions, or other information showing the proposed exterior alterations, addi- tions, changes, or new construction and a legal description of the property. The fee for a Certificate of Appropriateness shall be ten dollars ($10.00). 63.07 ACTION ON APPLICATION FOR CERTIFICATE OF APPROPRIATENESS: All applications shall be submitted to the administra- tor in proper form as outlined in 63.06 hereinabove, fourteen (14) days prior to the monthly meeting date in order to be included on the Bureau's agenda as hereinafter provided. All applications that cannot be approved by the administrator pursuant to the standards for rehabilitation as approved by Comron Council shall be submitted to the Bureau for review. The Bureau shall act on each application timely sub- mitted for inclusion on the Agenda. The Agenda will be finalized by a majority voice vote of a duly consti- tuted quorum of the Bureau, which act will constitute the official filing of the application. 63.071 The Bureau shall take determinative action on the application within thirty-one (31) days of the filing of such application. Action is taken by the Bureau in the following manners: (1) Approval of the application as submitted. (2) Approval of the application with conditions. (3) Denial of the application. (4) Failure by the Bureau to act within thirty-one (31) days after the filing of such application shall constitute an approval of the petition by the Bureau. 63.072 If the Bureau disapproves an application, a Certificate of Appropriateness shall not be issued. The Bureau shall state its reasons in writing and shall advise the applicant of such decision by certified mail or by letter delivered in person by the plan staff within five (5) days of the date of the decision of the Bureau. ORDINANCE NO. 7-1982 Page Six 63.073 If the Bureau approves an application, a certificate of appropriateness shall be issued. If the certifi- cate is issued, the application shall be processed in the same manner as applications for building or demolition permits required by the City are processed. All conditions of approval applied by the Bureau will be included on the certificate. 63.074 Notwithstanding any other provision, nothing in this ordinance shall prohibit an extension of time where mutual agreement is reached between an applicant and the Bureau. 63.08 APPEAL PROCESS: In the event the Bureau rejects an application, the aggrieved party may, within twenty (20) days of the date of said notice of disapproval, file a notice of appeal with the Richmond Board of Zoning Appeals. If such notice of appeal is not filed within twenty (20) days of the date of said notice of disapproval, the aggrieved party shall be deemed to have waived his or her rights to an appeal of any such disapproval. 63.081 Upon request of the Board, the Bureau shall transfer to the Board of Zoning Appeals all papers, materials, and exhibits which constitute the record of the action from which the appeal is taken. 63.082 The Board of Zoning Appeals shall consider such a peti- tion and shall limit its review to whether the decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. The Board of Zoning Appeals may also determine Thiether due to the decisions of the Bureau the petitioner would suffer undue economic hardship and would be unable to realize a fair economic return on the value of the property. Within thirty (30) days of the filing of any notice of appeal, the Board of Zoning Appeals shall affirm, remand or reverse the decision of the Bureau. In the event the Board of Zoning Appeals fails to act on any such petition within thirty (30) days, such failure to act shall be construed as final determination that the decision of the Bureau is affirmed. 63.09 DEVELOP= STANDARDS: Preservation of historic buildings. A building or structure classified as historic, or any part thereof, or any appurtenance related thereto including but not limited to stone walls, fences, light fixtures, steps, paving and signs shall only be moved, reconstructed, altered or maintained in a manner that will preserve the historical and architectural character of the building, structure or appurtenance thereto. 63.091 Demlition of Historic Buildings: Whenever a property owner shows that a building classi- fied as historic is incapable of earning an economic return on its value, as appraised by two or more quali- fied real estate appraisers, and the Bureau fails to approve the issuance of a Certificate of Appropriateness, such building may be demolished, provided, however, that before a demolition permit is issued or demolition pro- ceeds, notice of proposed demolition shall be given for ORDINANCE NO. 7-1982 Page Seven a period fixed by the Bureau based on the Bureau classi- fication on the approved map but not less than sixty (60) days nor more than one (1) years. Notice shall be posted on the premises of the building or structure proposed for demolition in a location clearly visible from the street. In addition, the property owner shall have notice of demolition published in a newspaper of general local circulation at least three (3) times prior to demoli- tion, the final notice of which shall be not less than fifteen (15) days prior to the date of the permit and the first notice of which shall be published no more than fifteen (15) days after the application for a permit to demolish is filed. The purpose of this section is to preserve historic buildings which are important to the education, cul- ture, traditions, and the economic values of the city, and to afford the city, interested persons, historical societies or organizations the opportunity to acquire or to arrange for the preservation of such buildings. The Bureau may at any time during such stay approve a certificate of appropriateness in which event a per- mit shall be issued without further delay and deMDli- tion may proceed. This section shall not apply to structures or buildings that have been condemned by any agency of local, county or state government. 63.092 Relocation of Historic Buildings: A historic building shall not be relocated unless it is shown that the Dreservation on an existing site is not consistent with the purpose of section 63.09. 63.093 Protective Maintenance of Historic Buildings: Historic buildings shall be maintained to meet the applicable requirements established pursuant to statute for buildings in general. 63.094 Non -Historic Buildings - Primary Area: The construction of new buildings or structures, and the moving, the reconstruction, alteration, major maintenance or repair conspicuously affecting the exterior appearance of any existing non -historic building, structure, or appurtenance thereof within the primary area shall be generally of such design, form, proportion, mass con- figuration, building materials, texture, and the loca- tion on a lot as will be compatible with other buildings in the historic district and particularly with buildings designated as historic and with squares and places to which it is visually related. 63.095 Visual Compatibility Factors: Within the primary area, new construction and existing buildings and structures and appurtenances thereof which are moved, reconstructed, materially altered and/or re- paired shall be visually compatible with buildings, squares and places to which they are visually related generally. ORDINANCE NO. 7-1982 Page Eight SECTION 3. If any section, clause, provision or portion of this ordinance shall be held to be invalid or unconstitutional by a court of com- petent jurisdiction, such determination shall not effect any re- maining section, clause, provision or portion of this ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and publication as required by law. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of , 1982. President of Common Council ATTEST: City Clerk PRESENTED by me, JoEllen Trimble, City Clerk, to the Mayor of the City of Richmond, Indiana, this day of , 1982. City Clerk APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana, this day of , 1982. Clifford J. Dickman, Mayor ATTEST: City Clerk WILLARD G. BOWEN ANDREW C. CECERE ROBERT L. OWALEY GREGG M. OWALEY GREGORY A. HORN BOWEN, CECERE & WMALEY, P.C. ATTORNEYS AT LAW' 101 SOUTH TENTH STREET RICHMOND. INDIANA 47374-5599 June 7, 1982 Mr. Kenneth Mills President, Common Council of the City of Richmond, Indiana Municipal Building 50 North Fifth Street Richmond, Indiana 47374 Re: Ordinance creating Historic District Board of Review Dear President Mills: TELEPHONE (317) 966-5521 I have recently discussed the above -referenced ordinance with many of the individuals who have been instrumental in developing and promoting the Ordinance. On behalf of these individuals, primarily members of the Historic Preservation and Restoration Committee of the Richmond Area Chamber of Commerce, I would respectfully request that the proposed Ordinance be withdrawn from consideration by the Common Council at this time. It is our sincere hope that another ordinance of similar concept will be considered by this legislative body in the future. In the meantime, we will be striving to address those concerns and areas of dispute which have been presented by the Common Council and the City Planning Commission. I thank you for your continued cooperation and patience in this matter. S in e ely, Gregg M. O'Male GMO/tsr CITY PLAN COMMISSION RICHMOND, INDIANA February 12, 1982 ''qmpo. Mr. Kenneth Mills, President Members of Cormm Council & Mrs. JoEllen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 7-1982 Plan Commission Case PC-82-4 Dear Mr. Mills, Members of Gm=n Council & Mrs. Trimble: The Richmond City Plan C mission conducted a public hearing on Tuesday, February 2, 1982, on its own petition proposing to amend the Zoning Ordi- nance by adding a new Article 63 to be entitled the Richmond Historic District Bureau. The new Article 63, among other things, defines the procedure for establishing the Richmond Historic District Bureau, enumerates the powers and duties of the Bureau and describes the appeal process. During the public hearing, seven (7) citizens spoke in favor of the pro- posed ordinance and one (1) citizen spoke in opposition. If the proposed Ordinance is adopted, there are two (2) other Ordinances that must follow in order for the Bureau to function and exercise its authority. These Ordinances would be; (1) an Ordinance setting forth standards for rehabilitation of historic districts which would likely be proposed to be patterned after the Secretary of the Interior's Standards for Rehabilitation; and (2) an Ordinance that would designate the location of historic districts under the jurisdiction of the Bureau. The Plan Commission determined that many historic structures are located in older areas where they are subject to decay and deterioration. The establishment of a Richmond Historic District Bureau will promote the restoration and rehabilitation of these historic structures and will pro- mote the economic growth of the designated historic districts through the encouragement of tourism and residential investment. Therefore, the Plan Commission voted six (6) to zero (0) to recommend the passage of Ordinance No. 7-1982. Respectfully submitted, CITY PLAN COMMISSION Robert B. Goodwin Executive Secretary /vl