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
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