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HomeMy WebLinkAbout1984-OR-34ORDINANCE NO. 84-0R-34 An Ordinance establishing a Historic District Board of Review for the City of jeffersonville, Indiana. WHEREAS, the Common Council of the City of jeffersonville declares that research, protection, maintenance, restoration, rehabilitation, reconstruction, or development of a Historic District is in the public interest and would be of economic value to the citizens of jeffersonville; and WHEREAS, the Common Council desires to create a Historic District Board of Review in order to preserve and protect the historic or architecturally worthy buildings, structures, sites, monuments, street scapes, squares and neighborhoods of the City of jeffersonvil]e. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA: SECTION I. PURPOSE The pUrpose of this Ordinance is to preserve the historic or architecturally worthy buildings, sites, monuments, street scapes, of the City of jeffersonvil]e. and protect structures, squares and neighborhoods SECTION II. ZONING REGULATIONS The zoning regulations of the City still in effect. If there is conflict between regulations and the requirements of a Historic more restrictive requirements apply. SECTION III. of jeffersonville are said zoning District, the HISTORIC BOARD OF REVIEW A. There is, hereby, established the Historic District Board of Review of and for the City of jeffersonvJ]]e. B. The Board shall consist of seven (7) voting members. These members.shall be appointed by the Mayor, subject to the 9pprova!._0f the Common Council. Se Fe He Voting members shall serve for a term of three (3) years; however, to provide for staggered terms of the members, the initial terms of the members shall be as follows: Two (2) members for one (1) year. Two (2) members for two (2) years. Three (3) members for three (3) years. The members of the Historic District Review Board shall be residents of the City of jeffersonvllle and shall have demonstrated interest in historic preservation. Any vacancy shall be filled for the duration of the term of the member who is being replaced by the Mayor. The Mayor of the City of Jeffersonv~lle may, with the approval of the Common Council of the City of jeffersonville, appoint such advisory members as deemed necessary. The Historic District Review Board of jeffersonville may act without the services of an administrator. Members of the Historic District Board of Review shall serve without compensation, but may be paid for reasonable expenses incurred in the performance of their duties. The Board shall elect from its membership a Chairman, Vice Chairman and Secretary who shall serve for one (1) year and who may be reelected, however, these individuals shall not serve more than two (2) con- secutive terms in any one position. The Board shall adopt rules for the transaction of its business not inconsistent with this Ordinance. The rules must include the time and place of regular meetings and a procedure for the call of special meetings. All meetings of the Board must be open to the public and a public record shall be kept of the Board's resolutions, proceedings and actions. The Board shall hold regular meetings at least once a month, except when it has no business pending, at a time and place to be decided on by the Board, however, such meetings must be held within the City limits of jeffersonvil]e. Each official of the City of jeffersonville who has responsibility for building inspections, building permits, planning or zoning, shall provide technical, administrative and clerical assistance as may be requested by the Board and when such assistance is feasible, subject to economic or time restraints. SECTION IV. POWERS AND DUTIES OF THE BOARD A. The Board may adopt such bylawS as essary for carrying out the powers it may deem nec- and duties set Be DJ forth in this section. The Board shall conduct or have conducted a survey to identify historic buildings, structures and places located within the City of jeffersonville. Based on its survey, the Board shall submit to the Common Council of the City of jeffersonville, for its approval, a map describing the boundaries of a historic district or districts. A district may be limited to a single building, structure or site. The map may divide a district into primary and second- ary areas. The map setting forth the Historic D~strict boundaries and building classifications must be submitted to, and approved by, the Common Council before the Historic District is established and the building classifications take effect. The Board may conduct additional surveys, and draw and submit additional maps for approval of the legislative body, as it considers appropriate. The Historic Board of Review shall issue a Certificate cf Appropriateness before any one of the fo]lowing actions is taken. De Ee Fe HEIGHT - The height of proposed buildings must be visually compatible with adjacent buildings. PROPORTION OF BUILDING'S FRONT FACADE - The relation- ship of the width of a building to the height of the front elevation must be visually compatible to buildings, squares and places to which it is visually related. 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 they are visually related- 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 build- ings, squares and places to which it is visually ~related. 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 the buildings, squares and places to which it is visually related. RHYTHM OF ENTRANCES AND PORCH PROJECTIONS - The relationship of entrances and porch projections to sidewalks of a building must be visually compatible to the buildings, squares and places to which it is visua]ty related. RELATIONSHI? OF MATERIALS, TEXTURE AND COLOR - The relationship of the materials, texture and color of the facade of a building must be visually com- patible with the predominant materials used in the buildings to which it is visually related. ROOF SHAPES The roof shapes of a building must be visually compatible with the buildings to which it is visually related. WALLS OF CONTJNUITY - Appurtenances of a building, such as wails, wrought iron fences, landscape masses Demolition of any historic building or structure. Moving a historic building. Making changes in the exterior contours of historiC buildings or buildings that are adjacent to historic buildings by additions, reconstruc- tions, alterations, changes of material, or by additions such as aluminum siding or sand- o blasting. Any new construction adjacent to a historic building of a principal building, accessory building or structure and subject to view from a public street, changes in the streetscape, including radically altering pavement materials, curbs, walls, fences, walks and l~ght~ng. SECTION V. VISUAL COMPATIBILITY The cpnstruction of a new building or structure and the moving, reconstruction, alteration or major maintenance con- spicuously affecting the external appearance of any nonhistorical building that is adjacent to a historical building, structure or appurtenance'must be generally of a design, form, proportion, mass, configuration, building material, texture and location on a lot compatible with historic buildings in the Historic District (particularly with buildings designated as Historic) and with squares and places to which it is visually related. Streets and alleys shall not be considered to be boundaries as far as determining.what is an adjacent piece of property with the exc:eption of Spring Street which shall be determined to be a boundary to adjacent pieces of property. SECTION VI. VISUAL COMPATIBILITY FACTORS within the area of this Historic District, new buildings and structures, and appurtenances that are moved, reconstructed, materially altered or repaired must be visually compatible with any adjacent historic buildings, squares and places to which they are visually related generally in terms of the following visual compatibility factors: and building facades, must form cohesive walls of enclosure along with the street, if necessary, to insure visual compatibility of the building to the buildings, squares and places to which it is visually related. SCALE OF A BUILDING - The size of a building and the building mass of a building in relation to open spaces, windows, door openings, porches and balconies must be visually compatible with the buildings, squares and places to which it is visually related in its directional character, including vertical character, horizontal character or nondirectional character. DIRECTIONAL EXPRESSION OF FRONT ELEVATION - A building must be visually compatible with the buildings, squares and places to which it is visually related ~n it directional character, including vertical char- acter, horizontal character and nondirectional character. SECTION VII APPLICATION'FOR CERTIFICATE OF APPROPRIATENESS Application for a certificate of appropriateness may be made in the office of the Building Commissioner on forms provided by that office. Detailed drawings, plans or specifications are not required. However, to the extent reasonably required for the Board to make a decision, each application must be accompanied by such sketches, drawings, photographs, descrip- tions or other information showing the proposed exterior alterations,, additions, changes or new construction. SECTION VIII ACTION ON APPLICATIONS FOR CERTIFICATE OF APPROPRIATENESS The Board may advise and make recommendations to the applicant before acting on an application for a certificate of appropriateness. If an application for a certificate of appropriateness: 1. Is approved by the Board; or 2. Is not acted on by the Board; within thirty (30) days after it ~s f~]ed, a certificate of appropriateness shall be issued. If the certificate is issued, the application shall be processed ~n the same manner as application for building or demo]i- tion permits as required by the City of jeffersonv[]]e, the applicant may proceed w~th the work authorized by the certificate, after approval by the Building Commissioner. C. If the Board denies an application for a certificate of appropriateness within thirty (30) days after it is filed, the certificate shall not be issued. The Board must state its reasons for denial in writing. Notice must be sent to the applicant at the address set forth on the application by regular mail. D. The Board may grant an extension of the thirty (30) day limit prescribed by subsection (A) and (B) if -the applicant agrees to it. SECTION IX DEVELOPMENT STANDARDS 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 to the Board that preservation on its current site is inconsistent with subsection (A). C. Historic buildings shall be maintained to meet the applicable requirements established under statute for buildings generally. SECTION X APPEAL PROVISIONS A decision of the Board is subject to under I.C. 4-22-1, if it was a decision of SECTION XI judicial review a state agency. This Ordinance shall not be construed to restrict the internal design of any residence or building. Nor shall it be construed to restrict any portion of any residence or building which is not visible from a street, alley, sidewalk, waterway or other area accessible to the public. This Ordinance shall not restrict any person or organization from planting, trimming or removing a plant, flower, shrub, bush or tree. SECTION XII PENALTY PROVISION A person who: A. Issues a permit or begins work in violation of Section ~XIV of this Ordinance; B. Moves, reconstructs, alters or maintains a historic building or any structure within the Historic District boundaries in violation of Section IX of this Ordinance; C. Demolishes any building within the Historic District in violation of Section IV of this Ordinance; D.Fails to maintain a historic building as required by Section IX of this Ordinance; E. Performs any construction, reconstruction, moving, alteration, major maintenance or repair in violatior, of Section V of this Ordinance; F. Pfrforms any construction, reconstruction, moving, alteration, repair or color change in violation of Section VI of this Ordinance; violates this Ordinance and may be ordered by the City Building Commissioner and any court having jurisdiction to undo any changes that were made without a Certificate of Appropriateness. G. It is hereby further stated that it is un]awful to carry out any act for which a Certificate of Appropriateness is required without first acquiring said certificate. Any person, group, company or corporation who acts in such an un]awful manner may be fined a sum not to exceed One Thousand Dollars ($1,000.00) for each such act. SECTION XIII SAVING CLAUSE The enactment of this Ordinance shall not affect or prevent the prosecution or punishment of any person, group, company or corporation for any act done or committed in violation of any Ordinance or part or provision of any chapter of the City of Jeffersonville, Indiana, City Building Code. If a~y clause, phrase, provision or section of this Ordinance or application thereof to any person, group, company or corporation or circumstances, shall be held invalid, such invalidity shall not affect'or render any other clause, phrase, provision, section or application of this Ordinance which can be given effect without the invalid part or application thereof. tt is the intention of the Common Council of the City of Jeffersonvi]le, Indiana, in the adoption of this Ordinance, · to adopt each clause, phrase, provision and section of this Ordinance individually and such clauses, phrases, provisions and sections are declared to be severable. It is ~he intention of the Common Council of the City. of Jeffersonville, Indiana, that this Ordinance be a unified coverage of its subject matter and that no part of this Ordinance shall be deemed repealed by any subsequent Ordinance if such construction can be avoided. SECTION XIV This Ordinance shall be in full force and effect from and after its passage and approval and proper public notice. Passed this ~/ day of 1984. ATTEST: Presented by me as Clerk-Treasurer of said City of JeffersonvJ]le, to the Mayor of said City of .Jeffersonville, this ~ day of ~,r~ , 1984. / CLERK-TREASURER Approved and signed by me this ~/ day of