Chapter 2.37
HISTORIC PRESERVATION COMMISSION
Sections:
2.37.010 Historic preservation commission.
2.37.020 Powers and duties of the commission.
2.37.030 Historic districts and guidelines.
2.37.050 Certificates of appropriateness (“COA”).
2.37.070 Visual compatibility.
2.37.090 Demolition of buildings.
2.37.110 Relationship with zoning districts.
2.37.120 Enforcement, penalty, and judicial review.
2.37.130 Conflicts and severability.
2.37.010 Historic preservation commission.
A. Creation. Pursuant to the Act, there is hereby established the historic preservation commission of the town of Whitestown, Indiana (the “commission”).
B. Composition. The commission shall consist of five voting members. The voting members shall be appointed by the town council president, subject to the approval of the town council, and shall be residents of the town who are interested in the preservation and development of historic areas. The members of the commission should include professionals in the disciplines of architectural history, planning, and other disciplines related to historic preservation, to the extent that such professionals are available in the community and willing to serve.
The commission may also have other nonvoting advisory members appointed by the town council president with approval by the town council.
Voting and nonvoting commission members shall serve without compensation, except for reasonable expenses incurred in the performance of their duties.
C. Term. Voting members shall serve for a term of three years; however, the initial terms of members shall be for one year (one member), two years (two members), and three years (two members) in order for the terms to be staggered. The term for nonvoting advisory members shall be as determined by the town council president at the time of each nonvoting member’s appointments. Any voting or nonvoting member may be removed for any reason that the town council determines to be sufficient. Any vacancy shall be filled for the duration of the term.
D. Commission Administrator. A town employee designated by the town council president, subject to the approval of the town council, shall serve as the ex officio administrator of the commission. The administrator shall provide staff assistance to the commission, act as or provide the commission’s secretary, and issue certificates of appropriateness as directed by the commission.
E. Officers. The commission shall elect from its membership a chairperson and vice-chairperson who shall serve for one-year terms, and who may be reelected.
F. Rules. The commission shall adopt rules consistent with the Act and this chapter for the transaction of its business. The rules must include the time and place of regular meetings and a procedure for the calling of special meetings.
G. Meetings. Commission meetings must be open to the public in accordance with Indiana’s Open Door Law and a public record shall be kept of the commission’s proceedings and formal actions. The commission shall hold regular meetings, at least monthly, except when it has no business pending. Special meetings may be called in a manner determined by the commission and its rules. [Ord. 2015-08 § 1]
2.37.020 Powers and duties of the commission.
A. The commission shall be concerned with those elements of development, redevelopment, rehabilitation, and preservation that affect visual quality in a historic district, which include but are not limited to view sheds, landscapes, and street-scape of historic importance. The commission may not consider details of design, interior arrangements, or building features, if those details, arrangements, or features are not subject to public view, and 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.
B. The commission may conduct surveys, establish historic districts, and act in furtherance of historic preservation in accordance with the provisions of the Act and this chapter.
C. The commission may adopt preservation guidelines for architectural review, which identify local design concerns in an effort to assist property owners in maintaining the character of the designated district or buildings during the process of rehabilitation or new construction. If adopted, preservation guidelines shall be published and made readily accessible to the general public.
D. The commission has the authority to receive funds in order to promote its stated purpose.
E. The commission may promote public interest in historic preservation by initiating and carrying on a public relations and community education program.
F. The commission is authorized to:
1. Acquire by purchase, gift, grant, bequest, devise, or lease any real or personal property, including easements, that is appropriate for carrying out the purposes of the commission;
2. Hold title to real and personal property; and
3. Sell, lease, rent, or otherwise dispose of real and personal property at a public or private sale on the terms and conditions that the commission considers appropriate.
The commission shall obtain the approval of the town council prior to acquiring or disposing of any real or personal property. [Ord. 2015-08 § 2]
2.37.030 Historic districts and guidelines.
A. Initiation. A recommendation for establishing a historic district may be initiated from any of the following:
1. Based on its survey, the commission may draw and submit historic district maps for town council approval;
2. The town council may direct the commission to draw and submit historic district maps as determined to be appropriate by the town council; or
3. Owners of property wishing to establish a historic district which includes their property may petition the commission to consider drawing and submitting a map or maps of said property to the town council for its approval. The commission may establish in its rules criteria to be met before it considers a petition.
B. Phased Districts. The commission may recommend, and the town council may provide, that the establishment of any particular historic district occur in two phases. During the first phase in any such district, 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:
1. The demolition of any building;
2. The moving of any building; and
3. Any new construction of a principal building or accessory building or structure subject to view from a public way.
At the end of the first phase, the district becomes fully established and, except as provided below, a certificate of appropriateness must be issued by the commission before a permit may be issued for, or work may begin on, all applicable activities in a fully established historic district.
At the expiration of the initial three-year period, the first phase of such 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:
1. A conspicuous change in the exterior appearance of historic buildings by additions, construction, alteration, or maintenance involving exterior color changes;
2. A change in walls and fences or construction of walls and fences, if along public ways; and
3. A conspicuous change in the exterior appearance of nonhistoric buildings subject to view from a public way by additions, reconstruction, alteration, or maintenance.
The objections of a majority of the property owners must be received by the commission not earlier than 180 days or later than 60 days before the third anniversary of the adoption of the particular phased historic district.
C. Historic District Maps. In order to establish a historic district, the commission shall prepare a map describing the district in accordance with the following:
1. The map shall be based on a survey conducted by the commission which identifies historic buildings, structures, and sites located within the town.
2. A district may be limited to the boundaries of a property containing a single building, structure, object, or site, or a concentration of buildings, structures, objects, spaces, or sites.
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. Where the historic district is not divided into primary and secondary areas, the entirety of the historic district shall be considered the primary area for purposes of this chapter.
b. Secondary area: a designated 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.
D. Classifications. The commission shall 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 nonhistoric. Historic buildings, structures, and sites must possess identified historic or architectural merit of a degree warranting their preservation. Nonhistoric buildings, structures, and sites are those not classified on the map as historic. The commission may further classify and designate all historic buildings and structures within a proposed historic district as follows:
1. Outstanding, which generally means that the property has sufficient historic or agricultural significance that it is listed, or is eligible for individual listing, in the National Register of Historic Places. Outstanding resources can be of local, state, or national importance.
2. Notable, which generally means that the property does not merit the outstanding rating, but is still above average in its importance or may be eligible for the National Register of Historic Places.
3. Contributing, which generally means the property is at least 40 years old, but does not meet the criteria for an outstanding or notable classification. Such resources are important to the density or contiguity of the area’s historic fabric, and may or may not be eligible for listing on the National Register of Historic Places.
In lieu of these classifications, the commission may devise its own system of further classification of historic buildings, structures, and sites.
E. Town Council Approval. Before a historic district is established and the building classifications take effect, the map setting forth the district’s boundaries and classifications must be submitted to and approved in an ordinance by the town council in the town council’s sole discretion.
F. Recording. The map establishing boundaries of a historic district may be recorded in the office of the Boone County recorder. [Ord. 2015-08 § 3]
2.37.040 Interim protection.
A. When submitting a historic district map to the town council under this chapter, the commission may declare one or more buildings or structures that are classified and designated as historic on the map to be under interim protection as set forth in IC 36-7-11-8.5.
B. The commission may approve a certificate of appropriateness at any time during the period of interim protection, provided the proposed change meets the criteria for obtaining a certificate of appropriateness for a historic building or structure in an established historic district. [Ord. 2015-08 § 4]
2.37.050 Certificates of appropriateness (“COA”).
A. When Required. A COA 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:
1. Within all areas of a historic district:
a. The demolition of any building or structure;
b. The moving of any building or structure;
c. A conspicuous change in the exterior appearance of any historic building or any part of or appurtenance to such a building, including walls, fences, light fixtures, steps, paving, and signs by additions, reconstruction, alteration, or maintenance; 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 a historic district:
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 nonhistoric buildings subject to view from a public way by additions, reconstruction, alteration, and/or maintenance.
For purposes of this chapter, “demolition” means the complete or substantial removal of any building, structure, or site located in a historic district. Routine maintenance that does not result in a conspicuous change in the exterior appearance does not require a COA.
B. Application. An application for a COA shall be made in the office of the commission or its designee on forms provided by that office. All applications shall be subject to the rules and requirements established by the commission. Rules may include, but are not limited to, filing deadlines and application requirements such as sketches, drawings, photographs, descriptions, or other information which the commission requires to make a decision.
C. Approval or Denial. The commission may approve or deny a COA for any actions covered by this chapter. If an application for a COA is approved by the commission, or is not acted on by the commission within 30 days after it is filed, a COA shall be issued. The commission may grant an extension of the 30-day limit if the applicant agrees to it. A copy of the COA must be submitted with the application for a building or demolition permit; no building or demolition permit shall be issued in a historic district unless a copy of the COA is provided by the applicant with the application. If the commission denies an application, the commission must state the reasons for its denial in written form, and supply the applicant with a copy of its report.
D. Criteria. The commission, in considering the appropriateness of the issuance of a COA, or any reconstruction, alteration, maintenance, or moving of a historic building, structure, site 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 commission shall consider, among other things, the following:
1. The purposes of the Act and this chapter;
2. Historical and architectural value and significance of the building, structure, site or appurtenance;
3. Compatibility and significance of additions, alterations, details, materials, or other nonoriginal elements which may be of a different style and construction date than the original;
4. The texture, material, style, and detailing of the building, structure, site or appurtenance;
5. The continued preservation and protection of original or otherwise significant structure, material, and ornamentation;
6. The relationship of buildings, structures, appurtenances, or architectural features similar to one within the same historic district, including for primary areas, visual compatibility as outlined below;
7. The position of the building or structure in relation to the street, public right-of-way and to other buildings and structures; and
8. Any other factors the commission determines to be relevant. [Ord. 2015-08 § 5]
2.37.060 Staff approvals.
A. The commission may authorize the administrator, on behalf of the commission, to grant or deny an application for a COA.
B. The commission shall specify by rule the types of applications for COA that the administrator is authorized to grant or deny. The administrator may not be authorized to grant or deny an application for a COA for the following:
1. The demolition of a building, structure, or site.
2. The moving of a building or structure.
3. The construction of an addition to a building or structure.
4. The construction of a new building or structure. [Ord. 2015-08 § 6]
2.37.070 Visual compatibility.
A. For new construction, contemporary design, and nonhistoric 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, the construction of a new building or structure, and the moving, reconstruction, alteration, major maintenance, or repair conspicuously affecting the external appearance of any nonhistoric building, structure, or appurtenance within the primary area must be generally of a design, form, proportion, mass, configuration, building material, texture, and location on a lot compatible with other buildings in the historic district and with places to which it is visually related.
B. Criteria for considering visual compatibility within historic primary areas: Within the primary area of a historic district, new buildings, structures, as well as buildings, structures, and appurtenances that are moved, reconstructed, materially altered, or repaired, must be visually compatible with buildings and places to which they are visually related 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 windows in a building must be visually compatible with buildings, squares, and places to which it is visually related.
4. Relationship of Solids to Voids in Front Facades. The relationship of solids to voids in the front facade of a building must be visually compatible with buildings, squares, and places to which it is visually related.
5. Rhythm of Spacing of Buildings on Streets. The relationship of a building to the open space between it and adjoining buildings must be visually compatible with buildings, squares, and places to which it is visually related.
6. Rhythm of Entrances and Porch Projections. The relationship of entrances and porch projections of a building to sidewalks must be visually compatible with buildings, squares, and places to which it is visually related.
7. Relationship of Materials, Texture. The relationship of the materials, texture, and the facade of a building must be visually compatible with buildings, squares, and places to which it is visually related.
8. Roof Shapes. The roof shape of a building must be visually compatible with buildings, squares, and places to which it is visually related.
9. Wall of Continuity. Appurtenances of a building or site, such as walls, wrought iron fences, evergreen landscape masses, and building facades, must form cohesive walls of enclosure along the street, if necessary to ensure visual compatibility of the building to the buildings and places to which it is visually related.
10. Scale of the Building. The size of a building and the building mass of a building in relation to open spaces, windows, door openings, porches, and balconies must be visually compatible with the buildings 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 nondirectional character. [Ord. 2015-08 § 7]
2.37.080 Preservation of historical and architectural character upon alteration or relocation mandated.
A. A historic building or structure or any part of or appurtenance to such a building or structure, including stone walls, fences, light fixtures, steps, paving, and signs may be moved, reconstructed, altered, or maintained only in a manner that will preserve the historical and architectural character of the building, structure, or appurtenance.
B. A historic building may be relocated to another site only if it is shown that preservation on its current site is inconsistent with subsection A of this section. [Ord. 2015-08 § 8]
2.37.090 Demolition of buildings.
A. The purpose of this section is to preserve historic buildings that are important to the education, culture, traditions, and economic values of the town and to afford the town, historical organizations, property owners, and other interested persons the opportunity to acquire or to arrange for the preservation of these buildings.
B. If the commission denies the issuance of a COA for the demolition of a building, structure, or site, a demolition permit may be issued by other agencies and a building, structure, or site may be demolished, only after the property owner has demonstrated to the commission that the historic building, structure, or site is incapable of earning an economic return on its value, as appraised by a licensed real estate appraiser.
C. Notice of the proposed demolition must be given for a period fixed by the commission, based on the commission’s classification on the approved map, but not less than 60 days nor more than one 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 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.
D. The commission may approve a COA authorizing a demolition at any time during the notice period under subsection C of this section. If the COA is approved, a demolition permit shall be issued without further delay, and demolition may proceed. [Ord. 2015-08 § 9]
2.37.100 Maintenance.
A. Historic buildings, structures, and sites shall be maintained to meet the applicable requirements established under state statute for buildings generally so as to prevent the loss of historic material and the deterioration of important character defining details and features.
B. Nothing in this section shall be construed so as to prevent the ordinary repairs 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 of any structure, or part thereof. [Ord. 2015-08 § 10]
2.37.110 Relationship with zoning districts.
Zoning districts, if any, lying within the boundaries of the 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. 2015-08 § 11]
2.37.120 Enforcement, penalty, and judicial review.
A. An interested party has a private right of action to enforce and prevent violation of provisions of this chapter or an ordinance adopted by the town under this chapter, and with respect to any building, structure, or site within a historic district, and has the right to restrain, enjoin, or enforce by restraining order or injunction, temporarily or permanently, any person from violating a provision of this chapter or an ordinance adopted under this chapter, as set forth in IC 36-8-11-21.
B. Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer, or otherwise, who violates any provision of this chapter shall be subject to a fine as follows, for each offense:
1. Not less than $10.00 nor more than $2,500.00 for demolition; and
2. Not less than $10.00 nor more than $300.00 for all other offenses.
C. Each day of the existence of any violation of this chapter shall be a separate offense.
D. The erection, construction, enlargement, alteration, repair, demolition, moving, or maintenance of any building, structure, or appurtenance which is begun, continued, or maintained contrary to any provisions of this chapter is hereby declared to be a nuisance and in violation of this chapter and unlawful. The commission or town may institute a suit for injunction in the circuit court or superior court of Boone County to restrain any person or government unit from violating any provision of this chapter and to cause such violation to be prevented, abated, or removed. Such action may also be instituted by any property owner who is adversely affected by the violation of any provision of this chapter.
E. The remedies provided for in this section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
F. A final decision of the commission is subject to judicial review under IC 36-7-4 as if it were a final decision of a board of zoning appeals. [Ord. 2015-08 § 12]
2.37.130 Conflicts and severability.
A. It is the intent of the town to comply with the Act, and this chapter shall be construed in all respects to be consistent with the Act. The substantive and procedural requirements of the Act shall control in the event of conflicts, which are unintended by the town council. Any provisions of the Act controlling the commission’s duties and responsibilities are hereby deemed incorporated herein and adopted as a part hereof.
B. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. [Ord. 2015-08 § 13]