Hartford City City Zoning Code

CHAPTER 156

HISTORIC PRESERVATION

§ 156.01 PURPOSE.

(A) The purpose of historic preservation and protection is as follows:

(1) To promote the educational, cultural and general welfare of the citizens of the city and to ensure the harmonious and orderly growth and development of the municipality;

(2) To maintain established residential neighborhoods in danger of having their distinctiveness destroyed;

(3) To enhance property values and attract new residents;

(4) To ensure the viability of the traditional downtown area and to enhance tourism within the city; and

(5) It is deemed essential by the city that qualities related to its history and the harmonious outward appearance of its structures be preserved.

(B) These purposes are advanced through the restoration and preservation of historic areas and buildings, the construction of compatible new buildings, where appropriate, and the maintenance and ensurance of compatibility in regards to style, form, proportion, texture and material between historic buildings and those of contemporary design.

(C) Through this chapter, it is the intention of the city to preserve and protect historic or architecturally-worthy buildings, structures, sites, monuments, streetscapes, squares and neighborhoods of the historic districts created in accordance with this chapter.

(Ord. 2020-05, passed 10-5-2020)

§ 156.02 DEFINITIONS.

For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.

ALTERATION. A material or color change in the external architectural features of any building, structure or site within an historic district.

CITY. The City of Hartford City, Indiana.

CLASSIFICATIONS.

(1) CONTRIBUTING or C. The C classification means that the property is at least 40 years old but does not meet the criteria for an O or N classification. CONTRIBUTING properties are important to the density or continuity of the area’s historic fabric. CONTRIBUTING properties can be listed in the National Register only as part of an historic district.

(2) NON-CONTRIBUTING or NC. Property classified as NC is not included in an historic sites and structures inventory unless it is located within the boundaries of an historic district. Such properties may be less than 50 years old, may be older properties which have been altered in such a way that they have lost their historic character or may be otherwise incompatible with their historic surroundings. These properties are not eligible for listing in the National Register.

(3) NOTABLE or N. The N classification means that the property 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.

(4) OUTSTANDING or O. The O classification means that the property has sufficient historic or architectural significance such that it is listed or is eligible for individual listing in the National Register of Historic Places, herein the “National Register.” OUTSTANDING resources can be of local, state or national importance.

COMMISSION. The Historic Preservation Commission established by this chapter.

DEMOLITION. The complete or substantial removal of any building or structure which is located in an historic district.

HISTORIC DISTRICT. A single building, structure, site, monument, streetscape or square, or a concentration of buildings, structures, sites, monuments, streetscapes, squares or neighborhoods, the boundaries of which are described or delineated on a map approved in an ordinance adopted by the Common Council.

INTERESTED PARTY. One of the following:

(1) The Mayor;

(2) The Common Council;

(3) The City Plan Commission or other agency having land use planning jurisdiction over an historic district designated by ordinance;

(4) A neighborhood association, whether incorporated or unincorporated, the majority of whose members are residents of an historic district designated by an ordinance adopted by the Common Council;

(5) An owner or occupant of property located in an historic district established by an ordinance adopted by the Common Council;

(6) Historic Landmarks Foundation of Indiana, Inc., or any of its successors; or

(7) The State Historic Preservation Officer designated under I.C. 14-21-1-19.

PERSON. As well as an individual, PERSON includes a firm, a partnership, a limited liability company or a corporation.

PRESERVATION GUIDELINES. Locally- developed criteria which identify design concerns to assist property owners in maintaining the character of an historic district or building during the process of rehabilitation or new construction.

PRIMARY AREA. The principal area of historic or architectural significance within an historic district as delineated on the map establishing the boundaries of the historic district.

ROUTINE MAINTENANCE. Work for which no certificate of appropriateness is required.

SECONDARY AREA. An area in an historic district delineated on the map establishing the boundaries of the historic district which is adjacent to a primary area and 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.

SHALL. The word SHALL is always mandatory.

STREETSCAPE. The appearance from a public way, the distinguishing characteristics of which are created by the width of the street and sidewalks and their paving materials and colors, the design of street furniture such as street lights, trash receptacles, benches and the like, the use of plant materials such as trees and shrubs and the setback, mass and proportion of those buildings which enclose the street.

VISUAL COMPATIBILITY. Those elements of design which meet the guidelines set out in § 156.24 of this chapter.

(Ord. 2020-05, passed 10-5-2020)

§ 156.03 ESTABLISHMENT AND ORGANIZATION OF COMMISSION.

(A) Establishment. There is hereby established the Historic Preservation Commission of the city, hereinafter referred to as “the Commission.”

(B) Appointment and composition. The Commission shall consist of five voting members. Voting members shall be appointed by the Mayor, subject to the approval of the Common Council, and shall be residents of the city who are interested in the preservation and development of historic areas. To the extent that such professionals are available in the community, the members of the Commission should include professionals in architectural history, planning and other disciplines related to historic preservation. Advisory members deemed appropriate by the Common Council may be appointed to the Commission. Commission members shall serve without compensation except for reimbursement for reasonable expenses incurred in the performance of their duties.

(C) Term. Voting members shall each serve for a term of three years; however, the terms of the original voting members shall be for one year, two years and three years in order for the terms to be staggered. The term for nonvoting, advisory members shall be for three years. A vacancy shall be filled within 90 days for the duration of the term.

(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, a Vice-Chairperson and a Treasurer, who shall serve for one year and who may be reelected. The Commission Administrator shall serve as the Commission’s Secretary.

(F) Rules. The Commission shall adopt rules 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. All meetings of the Commission must be open to the public, and a public record of the Commission’s resolutions, proceedings and actions must be kept. If the Commission has an Administrator, then the Administrator shall act as the Commission’s Secretary; otherwise, the Commission shall elect a Secretary from its membership.

(G) Meetings. Commission meetings must be open to the public, 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 for when it has no business pending. Special meetings may be called in a manner determined by the Commission and its rules.

(Ord. 2020-05, passed 10-5-2020)

§ 156.04 POWERS AND DUTIES OF COMMISSION.

(A) (1) The Commission shall be concerned with those elements of development, redevelopment, rehabilitation and preservation which affect the visual quality in an historic district.

(2) 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, and may not make any requirement except for the purpose of preventing development, alteration or demolition in an historic district which is obviously incongruous with the historic district.

(B) The Commission shall conduct a survey to identify historic buildings, sites and structures located within the city. Based on its survey, the Commission shall submit to the Common Council a map describing the boundaries of an historic district or districts. A district may be limited to the boundaries of a property containing a single building, structure or site. The map may divide a district into primary and secondary areas.

(C) The Commission shall also classify and designate on the map all buildings, structures and sites within each historic district described on the map. Buildings, structures and sites shall be classified as historic or non-historic in the manner set forth in divisions (D) and (E) below.

(D) Buildings, structures and sites classified as historic must possess identified historic or architectural merit of a degree warranting their preservation. They may be further classified as outstanding, notable or contributing, as defined in § 156.02 of this chapter. In lieu of these further classifications, the Commission may devise its own system of further classification for historic buildings, structures and sites.

(E) Non-historic buildings and structures are those not classified on the map as historic under division (D) above.

(F) The Commission may conduct additional surveys and draw and submit additional maps for approval of the Common Council as the Commission considers appropriate.

(G) The Commission may adopt preservation guidelines for architectural review. If adopted, then such preservation guidelines shall be published and made readily accessible to the general public.

(H) The Commission has the authority to receive funds in order to promote its stated purposes.

(I) The Commission shall promote public interest in historic preservation by initiating and carrying on a public relations and community education program.

(J) The Commission shall have the authority to:

(1) Acquire by purchase, gift, grant, bequest, devise or lease any real or personal property, including easements, which is appropriate for carrying out the purposes of the Commission;

(2) Hold title to real and personal property;

(3) Sell, lease, rent or otherwise dispose of real and personal property at a public or private sale on the terms and conditions which the Commission considers best; and

(4) Establish procedures which the Commission must follow in acquiring and disposing of property.

(K) Each official of the city who has responsibility for building inspection, building permits, planning or zoning shall provide any technical, administrative or clerical assistance requested by the Commission. The Attorney for the city shall serve as the Attorney for the Commission. However, the Commission may employ other legal counsel authorized to practice law in the state if it considers it necessary or desirable.

(Ord. 2020-05, passed 10-5-2020)

§ 156.05 RELATIONSHIP WITH ZONING DISTRICTS.

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 the requirements of the zoning district and the requirements of the historic district, the more-restrictive requirements shall apply.

(Ord. 2020-05, passed 10-5-2020)

§ 156.06 ENFORCEMENT BY INTERESTED PARTIES.

(A) An interested party, as defined in § 156.02 of this chapter, has a private right-of-action to enforce and prevent violations of this chapter or an ordinance adopted by the city under this chapter with respect to any building, structure or site within an historic district, and has the right to restrain, enjoin or enforce by restraining order or injunction, whether temporarily or permanently, any person from violating this chapter or an ordinance adopted under this chapter.

(B) The interested party does not have to allege or prove irreparable harm or injury to any person or property to obtain relief under this section.

(C) The interested party bringing an action under this section does not have to post a bond unless the court, after a hearing, determines that a bond should be required in the interest of justice.

(D) The interested party who brings an action under this section is not liable to any person for damages resulting from bringing or prosecuting the action unless the action was brought without good faith or without a reasonable belief that a provision of this chapter or an ordinance adopted by the Common Council pursuant to this chapter had been, or was about to be, violated.

(E) An interested party who obtains a favorable judgment in an action under this section may recover reasonable attorney fees and court costs from the person against whom judgment was rendered.

(F) An action arising under this section must be brought in the Circuit Court or Superior Court of the county in which the historic district lies, and no change of venue from said county shall be allowed in the action.

(G) The remedy provided in this section is in addition to other remedies which may be available at law or in equity.

(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99

§ 156.07 ENFORCEMENT AND VIOLATIONS.

(A) (1) Upon an application for a certificate of appropriateness, the final determination of the Commission is subject to judicial review in the same manner and subject to the same limitations as a final decision of the Board of Zoning Appeals under I.C. 36-7-4.

(2) However, notwithstanding I.C. 36-7-4-1609, upon notice of the filing of a petition for judicial review, all proceedings and work on the subject premises are automatically stayed.

(B) (1) The erection, construction, enlargement, alteration, repair, demolition, color change, moving or maintenance of any building, structure or appurtenance which is begun, continued or maintained contrary to any provision of this chapter is hereby declared to be a nuisance, in violation of this chapter and unlawful.

(2) The city may institute a suit for injunction in the County Circuit Court or County Superior Court to restrain any person or governmental unit from violating any provision of this chapter and to cause such violation to be prevented, abated or removed.

(3) Such action may also be instituted by any property owner who is adversely affected by the violation of any provision of this chapter.

(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99

§ 156.20 HISTORIC DISTRICT ESTABLISHMENT AND GUIDELINES.

(A) Approval of maps of historic districts. Before an historic district is established and the building classifications take effect, the map described in § 156.04(B) and (C) of this chapter setting forth the district’s boundaries and building classifications must be submitted by the Commission to, and approved in an ordinance by, the Common Council.

(B) Establishment phases; objections by property owners. In an ordinance approving the establishment of an historic district, the Common Council may provide that the establishment shall occur in two phases.

(1) During the first phase, which continues for a period of three years from the date the ordinance is adopted, a certificate of appropriateness is required for the following activities:

(a) The demolition of any building;

(b) The moving of any building; and

(c) Any new construction of a principal building or an accessory building or structure which is subject to view from a public way.

(2) At the expiration of the initial three-year period, the first phase of the designation of the district continues and the second phase does not become effective if a majority of the property owners in the district object to the Commission, in writing, to the requirement that certificates of appropriateness be issued for the following activities:

(a) A change in walls and fences or the construction of walls and fences along public ways;

(b) A conspicuous change in the exterior appearance of historic buildings by additions, construction, alteration or maintenance involving exterior color changes; and

(c) A conspicuous change in the exterior appearance of non-historic buildings subject to view from a public way by additions, reconstruction, alteration or maintenance involving exterior color changes.

(3) The objections of a majority of the property owners must be received by the Commission not earlier than 180 days nor later than 60 days before the third anniversary of the adoption of the ordinance.

(C) Exclusion for paint color changes. In an ordinance approving the establishment of an historic district, the city may exclude changes in paint color from the activities requiring the issuance of a certificate of appropriateness, defined in §§ 156.40, 156.41 and 156.43 through 156.45 of this chapter, before a permit may be issued or work begun.

(D) Recording the fact of designation. The map establishing the boundaries of an historic district may be recorded in the office of the County Recorder.

(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99

§ 156.21 INTERIM PROTECTION OF BUILDINGS AND STRUCTURES.

(A) When submitting a map to the Common Council to create an historic district under this chapter, the Commission may declare one or more buildings or structures which are classified and designated as historic on the map to be under interim protection.

(B) Not more than two working days after declaring a building or structure to be under interim protection under this section, the Commission shall, by personal delivery or first-class mail, provide the owner or occupant of the building or structure with a written notice of the declaration. The written notice must:

(1) Cite the authority of the Commission to put the building or structure under interim protection under this section;

(2) Explain the effect of putting the building or structure under interim protection; and

(3) Indicate that the interim protection is temporary.

(C) A building or structure put under interim protection under division (A) above remains under interim protection until the map is:

(1) Submitted to the Common Council; and

(2) Approved in an ordinance or rejected by the Common Council.

(D) While a building or structure is under interim protection under this section:

(1) The building or structure may not be demolished or moved; and

(2) The exterior appearance of the building or structure may not be conspicuously changed by:

(a) Addition;

(b) Reconstruction; or

(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99

§ 156.22 MAINTENANCE OF HISTORIC BUILDINGS.

(A) Historic buildings shall be maintained to meet the applicable requirements established under state statutes for buildings generally so as to prevent the loss of historic materials and the deterioration of important character-defining details and features.

(B) Regarding ordinary repairs and maintenance, nothing in this section shall be construed to prevent ordinary repairs to and maintenance of any historic building, provided that such repairs or maintenance do not result in a conspicuous change in the design, form, proportion, mass, configuration, building materials, texture, color, location or external visual appearance of any structure or part thereof.

(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99

§ 156.23 PRESERVATION OF CHARACTER UPON ALTERATION OR RELOCATION.

(A) An historic building or structure, or any part of or appurtenance to such building or structure including stone walls, fences, light fixtures, steps, paving and signs, may be moved, reconstructed, altered or maintained only in a manner which will preserve the historical and architectural character of the building, structure or appurtenance.

(B) An historic building may be relocated to another site only if it is shown that preservation on its current site is inconsistent with division (A) above.

(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99

§ 156.24 MAINTENANCE OF VISUAL COMPATIBILITY IN HISTORIC DISTRICTS.

(A) New construction, contemporary design and non-historic buildings. To preserve and encourage the integrity of historic buildings, structures, sites, monuments, streetscapes and neighborhoods and to ensure their compatibility with any new work, both the construction of a new building or structure and a reconstruction, alteration, moving, major maintenance or repair involving a color change conspicuously affecting the external appearance of any non-historic 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, color and location on a lot which is compatible with other buildings in the historic district, particularly those buildings designated as historic, and with squares and places to which it is visually related.

(B) Criteria for considering visual compatibility. Within the primary area of an historic district, new buildings and structures, as well as buildings, structures and appurtenances which are moved, reconstructed, materially altered, repaired or changed in color, 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 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 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 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 the 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, texture and color. The relationship of the materials, texture and color 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 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 such is necessary to ensure the visual compatibility of the building to the buildings, squares and places to which it is visually related.

(10) Scale of 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 buildings, squares and places to which it is visually related in its directional character, including vertical character, horizontal character or non-directional character.

(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99

§ 156.25 REMOVAL OF HISTORIC DISTRICT DESIGNATION.

(A) This section provides the exclusive method for removing the designation of an historic district. The owner or owners of a building, structure or site designated as a single-site historic district may sign and file a petition with the legislative body of the unit requesting removal of the designation of the building, structure or site as an historic district. In the case of an historic district containing two or more parcels, at least 60% of the owners of the real property of the historic district must sign and file a petition with the legislative body of the unit requesting removal of the designation of the historic district.

(B) The legislative body shall submit a petition filed under division (A) above to the Historic Preservation Commission of the unit. The Historic Preservation Commission shall conduct a public hearing on the petition not later than 60 days after receiving the petition. The Historic Preservation Commission shall provide notice of the hearing:

(1) By publication under I.C. 5-3-1-2(b);

(2) In the case of an historic district comprised of real property owned by fewer than 50 property owners, by certified mail sent at least ten days before the hearing to each owner of real estate within the historic district; and

(3) In the case of a single building, structure or site designated as an historic district, by certified mail sent at least ten days before the hearing to each owner of the real estate abutting the building, structure or site designated as an historic district which is the subject of the petition.

(1) Whether a building, structure or site within the historic district continues to meet the criteria for inclusion in an historic district as set forth in the provisions approving the historic district map under § 156.20 of this chapter. The determination must state specifically the criteria which are applicable to the buildings, structures or sites within the district;

(2) Whether failure to remove the designation of the historic district would deny an owner of a building, structure or site within the historic district reasonable use of the owner’s property or prevent reasonable economic return. Evidence provided by the petitioner may include information on:

(a) The cost to comply with regulations;

(b) Income generation;

(d) Real estate values;

(e) Assessed values and taxes;

(f) Revenue projections;

(g) The current level of return;

(h) Operating expenses;

(i) Vacancy rates;

(j) Financing issues;

(k) Efforts to explore alternative uses for a property;

(l) The availability of economic incentives; or

(m) Recent efforts to sell or rent the property.

(3) Whether removal of the designation of an historic district would have an adverse economic impact on the owners of real estate abutting the historic district based on the testimony and evidence provided by the owners of the real estate and by licensed real estate appraisers or brokers; and

(4) Whether removal of or failure to remove the designation of the historic district would have an adverse impact on the unit’s historic resources, and specifically whether it would result in the loss of a building, structure or site classified as historic by the Commission’s survey prepared under § 156.04(B) of this chapter.

(D) Not later than ten days after the public hearing, the Historic Preservation Commission shall submit to the legislative body of the unit:

(1) Its findings on the petition; and

(2) A recommendation to grant or deny the petition.

(E) (1) Not later than 45 days after receiving the Historic Preservation Commission’s findings, the legislative body of the unit shall:

(a) Take public comment and receive evidence in support of or in opposition to the petition; and

(b) Do one of the following:

1. Deny the petition; or

2. Grant the petition by adopting an ordinance which removes the designation of the historic district by:

a. A majority vote, if the recommendation of the Historic Preservation Commission is to grant the petition; or

b. A two-thirds vote, if the recommendation of the Historic Preservation Commission is to deny the petition.

(2) The legislative body shall record an ordinance adopted under division (E)(1)(b)2. above with the County Recorder not later than ten days after the legislative body adopts the ordinance. The historic district designation is considered removed on the date the ordinance is recorded with the County Recorder.

(F) (1) If the legislative body of the unit does not grant or deny the petition within 45 days after receiving the Historic Preservation Commission’s findings:

(a) The petition is considered granted or denied in accordance with the recommendation of the Historic Preservation Commission; and

(b) If the petition is considered granted, then the legislative body shall, not later than 55 days after receiving the Historic Preservation Commission’s findings:

1. Adopt an ordinance which removes the designation of the historic district; and

2. Record the ordinance with the County Recorder.

(2) The historic district designation is considered removed on the date the ordinance is recorded with the County Recorder.

(Ord. 2020-05, passed 10-5-2020)

§ 156.40 CONDITIONS WHEN CERTIFICATE REQUIRED.

A certificate of appropriateness must be issued by or on behalf of the Commission before a permit is issued for or work is begun on any of the following:

(A) Within all areas of an historic district.

(1) The demolition of any building;

(2) The moving of any building;

(3) A conspicuous change in the exterior appearance of historic buildings by additions, reconstruction, alteration or maintenance involving exterior color change; or

(4) Any new construction of a principal building or accessory building or structure subject to view from a public way.

(B) Within a primary area of an historic district.

(1) A change in walls and fences or the construction of walls and fences along public ways; or

(2) A conspicuous change in the exterior appearance of non-historic buildings subject to view from a public way by additions, reconstruction, alteration or maintenance involving exterior color change.

(1) The moving of any building;

(2) The demolition of any building; or

(3) Any new construction of a principal building or accessory building or structure subject to view from a public way.

(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99

§ 156.41 CERTIFICATE APPLICATION PROCESS.

Application for a certificate of appropriateness shall be made in the office of the Commission on forms provided by said Office. Detailed drawings, plans or specifications are not required. However, to the extent reasonably required for the Commission to make a decision, each application must be accompanied by sketches, drawings, photographs, descriptions or other information showing the proposed exterior alterations, additions, changes or new construction.

(Ord. 2020-05, passed 10-5-2020)

§ 156.42 STAFF AUTHORITY TO GRANT OR DENY CERTIFICATES.

(A) The staff of the Commission is authorized to grant or deny a certificate of appropriateness for the following types of applications: paint colors.

(B) The staff may not grant or deny a certificate of appropriateness for the following:

(1) Demolishing a building;

(2) Moving a building;

(3) Constructing a new building; or

(4) Constructing an addition to a building.

(Ord. 2020-05, passed 10-5-2020)

§ 156.43 CRITERIA FOR CONSIDERING EFFECT OF ACTIONS ON HISTORIC BUILDINGS.

(A) The Commission, in considering the appropriateness of any reconstruction, alteration, maintenance or moving of an historic building or any part of or appurtenance to such building, including walls, fences, light fixtures, steps, paving and signs, shall require that such work be done in a manner which will preserve the historical and architectural character of the building, structure or appurtenance.

(B) In considering historical 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, color, style and detailing of the building, structure, site or appurtenance;

(5) The continued preservation and protection of original or otherwise-significant structures, materials 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 § 156.24(B) of this chapter; and

(7) The position of the building or structure in relation to the street or public right-of-way and to other buildings and structures.

(Ord. 2020-05, passed 10-5-2020)

§ 156.44 APPROVAL OR DENIAL PROCEDURES.

(A) The Commission may advise and make recommendations to the applicant before acting on an application for a certificate of appropriateness.

(B) If an application for a certificate of appropriateness is approved by the Commission, or if it is not acted on by the Commission within 30 days after it is filed, then a certificate of appropriateness shall be issued. If the certificate is issued, then the application shall be processed in the same manner as applications for building or demolition permits required by the city if any are processed. If no building or demolition permits are required, then the applicant may proceed with the work authorized by the certificate.

(C) If the Commission denies an application for a certificate of appropriateness within 30 days after it is filed, then the certificate may not be issued. The Commission must state its reasons for the denial in writing and must advise the applicant. An application which has been denied may not be processed as an application for a building or demolition permit and does not authorize any work by the applicant.

(D) The Commission may grant an extension of the 30-day limit if the applicant agrees to it.

(Ord. 2020-05, passed 10-5-2020)

§ 156.45 DEMOLITIONS UPON DENIAL OF CERTIFICATE.

(A) The purpose of this chapter is to preserve historic buildings which are important to the education, culture, traditions and economic values of the city and to afford the city, historical organizations and other interested persons the opportunity to acquire or to arrange for the preservation of these buildings. If a property owner demonstrates that an historic building is incapable of earning an economic return on its value, as appraised by a qualified real estate appraiser, and the Commission fails to approve the issuance of a certificate of appropriateness, then the building may be demolished.

(B) However, before a demolition permit is issued or the demolition proceeds, the following requirements for notice must be met.

(1) Notice of the proposed demolition must be given for a period fixed by the Commission which is based on the Commission’s classification on the approved map, but not less than 60 days nor more than one year.

(2) Notice must be posted on the premises of the building proposed for demolition in a location clearly visible from the street.

(3) Notice must be published in a newspaper of general local circulation at least three 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.

(C) The Commission may approve a certificate of appropriateness at any time during the notice period under this section. If the certificate of appropriateness is approved, then a demolition permit shall be issued without further delay and demolition may proceed.

(Ord. 2020-05, passed 10-5-2020) Penalty, see § 156.99

§ 156.99 PENALTY.

(A) Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer or otherwise, who violates any provision of this chapter shall, for each offense, be subject to a fine as follows:

(1) Not less than $10 nor more than $2,500 for demolition; and

(2) Not less than $10 nor more than $300 for all other offenses.

(B) Each day of the existence of any violation of this chapter shall be a separate offense.

(C) The remedies provided for in this section shall be cumulative, not exclusive, and shall be in addition to any other remedies provided by law.