Chapter 15.25 HISTORIC PRESERVATION

Outstanding.

The "O" classification means that the property has sufficient historic or architectural significance that 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.

Notable.

A classification of "N" 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.

Contributing.

A "C" classification means the property is at least 40 years old, but does not meet the criteria for an "O" or "N" classification. Such resources are important to the density or continuity of the area's historic fabric. Contributing structures can be listed in the national register only as part of a historic district.

Noncontributing.

Property classified as "NC" is not included in an inventory unless it is located within the boundaries of a historic district. Such properties may be less than 50 years old, or they may be older structures that have been altered in such a way that they have lost their historic character, or they may be otherwise incompatible with their historic surroundings. These properties are not eligible for listing in the national register.

"Demolition"

means the complete or substantial removal of any building, structure, or site located in a historic district.

"Historic district"

means a single building, structure, object, or site or a concentration of buildings, structures, objects, spaces, or sites, the boundaries of which are described or delineated on a map approved in an ordinance adopted under this title.

"Interested party"

means one of the following:

The Mayor.

The Common Council.

The Angola Plan Commission.

Historic Landmarks Foundation of Indiana, Inc.,

A neighborhood association, whether incorporated or unincorporated, a majority of whose members are residents of a historic district designated by an ordinance adopted under this title.

(5)

An owner or occupant of property located in a historic district established by an ordinance adopted under this title.

(6)

or any of its successors.

(7)

The state historic preservation officer designated under IC 14-21-1-19.

"Preservation guidelines"

means criteria, locally developed, 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.

"Primary area"

means the principal area of historic and/or architectural significance within a historic district as delineated on the map establishing the boundaries of the historic district.

"Routine maintenance"

means work for which no certificate of appropriateness is required.

"Secondary area"

means an area in a historic district delineated on the map establishing the boundaries of the historic district that 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.

"Streetscape"

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

"Visual compatibility"

means those elements of design that meet the guidelines set out in AMC § 15.25.090.

(Ord. 1513-2015; Ord. 1247-2006; Code 2000 § 154.02)

§ 15.25.030 Historic Preservation Commission – Establishment – Organization.

Establishment. There is hereby established the Historic Preservation Commission of the City of Angola, Indiana (hereinafter referred to as the "Commission").

Composition.

The Commission shall consist of not less than three or more than nine voting members.

The 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. 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 those professionals are available in the community.

Nonvoting, advisory member(s) may be appointed to the Commission by the Mayor with approval by the Common Council.

Commission members shall serve without compensation, except for reasonable expenses incurred in the performance of their duties.

Term.

Voting members shall serve for a term of three years; however, the initial terms of 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.

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.

Officers. The Commission shall elect from its membership a Chairperson, Vice Chairperson, and Treasurer who shall serve for one year and who may be reelected.

Rules. The Commission shall adopt rules consistent with this title 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 resolutions, proceedings, and actions.

The Commission shall hold regular meetings, at least monthly, except when it has no business pending.

§ 15.25.040 Historic Preservation Commission – Powers and duties.

Special meetings may be called in a manner determined by the Commission and its rules.

(Ord. 1247-2006; Code 2000 § 154.10)

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 streetscapes 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.

The Commission shall conduct surveys and establish historic districts in accordance with the provisions of AMC § 15.25.050.

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

The Commission has the authority to receive funds in order to promote its stated purpose.

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

The Commission, through this chapter, may:

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;

Hold title to real and personal property; and

§ 15.25.050 Historic districts – Conservation districts – Guidelines.

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 best.

(G)

The Commission shall establish procedures that the Commission must follow in acquiring and disposing of property.

(Ord. 1247, 2006; Code 2000 § 154.11)

All recommendations for the establishment of a historic district shall be in the form of a written report and must be based on the criteria outlined in this section. A recommendation for establishing a historic district may be initiated from either of the following two sources:

Based on its survey, the Commission may draw and submit historic district maps for Common Council approval.

Owners of property in fee simple wishing to establish a historic district which includes their property may petition the Commission to consider drawing and submitting a map or maps of the property to the Common Council for its approval. The Commission may establish in its rules criteria to be met before it considers a petition.

Conservation Districts.

The Commission may recommend and the Common Council may provide that the establishment of a historic district shall occur in two phases. 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:

The demolition of any building;

The moving of any building; and

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

At the expiration of the initial three-year period, the first phase of a conservation 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 conspicuous change in the exterior appearance of historic buildings by additions, construction, alteration, or maintenance involving exterior color changes;

A change in walls and fences or construction of walls and fences, if along public ways;

A conspicuous change in the exterior appearance of nonhistoric buildings subject to view from a public way by additions, reconstruction, alteration, or maintenance involving exterior color change.

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.

Commission Preparation of Historic District Maps. In order to establish a historic district, the Commission shall first prepare a map describing the district in accordance with the following:

The map shall be based on a survey conducted by the Commission which identifies historic buildings, structures, and sites located within the city.

A district may be limited to the boundaries of a property containing a single building, structure, or site.

The map may divide the district into primary and secondary areas as follows:

Primary Area. The principal area of historic and architectural significance.

Secondary Area. An 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.

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. The Commission shall further classify and designate all buildings and structures within a proposed historic district as follows:

Outstanding;

Notable; or

Contributing.

Nonhistoric buildings, structures, and sites are those not classified on the map as historic. In lieu of other classifications, the Commission may devise its own system of further classification of historic buildings, structures, and sites.

Common Council Approval of Maps of Historic Districts. Before a historic district is established and the building classifications take effect, the map setting forth the district's boundaries and building classifications must be submitted to and approved in an ordinance by the Common Council.

§ 15.25.055 Downtown commercial historic district established.

Recording the Fact of Designation. The map establishing boundaries of a historic district may be recorded in the office of the Steuben County Recorder.

(Ord. 1247-2006; Code 2000 § 154.20)

Pursuant to a favorable recommendation from the Angola Historic Preservation Commission, certified to the Common Council; after notice was published, public comment heard, and careful study conducted, the Common Council of the City of Angola does hereby establish a downtown commercial historic district, with such uses permitted through this chapter, whose boundaries are as follows:

A part of the recorded plats of Gilmore's Addition, Original Plat of Angola, Cary's and others Addition and Darling's Addition all in Section 26, Township 37 North, Range 13 East, Pleasant Township, Steuben County, Indiana, described as follows:

Beginning at the intersection of the south line of West Gilmore Street with the east line of North West Street in the City of Angola and also being the northwest corner of Lot numbered Twenty-five (25) in the Original Plat of Angola as recorded in Plat Book 1A, Page 1; thence South 150.0 feet along said east line of North West Street; thence West 66.0 feet to the west line of said North West Street and being 25.0 feet south of the northeast corner of Lot numbered One hundred forty-nine (149) in the Plat of Gilmore's Addition as recorded in Plat Book 1A, Page2; thence continuing West 66.0 feet to the west line of said Lot Numbered One hundred forty-nine (149); thence North 20.0 feet along said west line to a point 5.0 feet south of the northwest corner of said Lot Numbered One hundred forty-nine (149); thence west 66.0 feet to the east line of Lot numbered One hundred fifty-one (151) in said Addition; thence North 5.0 feet to the northeast corner of said Lot numbered One hundred fifty-one (151); thence West 132.00 feet to the northwest corner of Lot numbered One hundred fifty-two (152) in said Addition and being on the east line of North Superior Street; thence South 75.0 feet along said east line; thence West 66.0 feet to the west line of said North Superior Street and being on the east line and 50.0 feet North of the southeast corner of Lot numbered One (1) in the Plat of Cary & Others Addition as recorded in Plat Book 1A, Page 6; thence West 66.0 feet to the west line of said Lot numbered One (1); thence South 50.0 feet along said west line to the north line of West Maumee Street; thence continuing South 80.0 feet to the South line of said West Maumee Street to the northwest corner of Lot numbered One in Darling's Addition as recorded in Plat Book IA, Page 7; thence continuing South 119.0 feet to the southwest corner of said Lot numbered One (1); thence East 66.0 feet to the southeast corner of said Lot numbered One (1) and being on the west line of South Superior Street; thence continuing East 66.0 feet to the east line of said South Superior Street and being 6.0 feet north of the southwest corner of Lot numbered One hundred Forty-five (145) in said Gilmore's Addition; thence North 59.0 feet along said east line; thence East 68.5 feet; thence South 65.0 feet to the north line of Lot numbered One hundred Forty-three (143); thence West 2.5 feet along said north line to the northwest corner of said Lot numbered One hundred Forty-three (143); thence South 36.0 feet along the west line of said Lot numbered One hundred Forty-three (143); thence East 66.0 feet to the east line of said Lot numbered One hundred Forty-three (143); thence North 36.0 feet to the northeast corner of said Lot numbered One hundred Forty-three (143); thence East 132.0 feet to the northeast corner of Lot numbered One hundred Forty-one (141) in said Gilmore's Addition and being on the west line of South West Street; thence South 125.0 feet along said West line to the southwest corner of said Lot numbered One hundred Forty-one (141) and being on the north line of West Gale Street; thence East 198.0 feet along said north line to the southeast corner of Lot numbered Seventy-nine (79) in the Original Plat of Angola; thence South 45 feet to the south line of West Gale Street and being at the northwest corner of Lot numbered Eighty-two (82) in the Original Plat of Angola; thence South 153.33 feet along the west line of Lots numbered Eighty-two (82), Ninety-five (95) and Ninety-eight (98) in said Original Plat of Angola; thence East 39.25 feet; thence North 10.66 feet; thence East 92.75 feet to the west line of South Elizabeth Street; thence continuing East 45.0 feet to the east line of South Elizabeth Street and being 10.66 feet south of the northwest corner of Lot numbered Ninety-nine (99) in said Original Plat of Angola; thence North 10.66 feet to said northwest corner; thence East 250.0 feet to the southeast corner of Lot numbered Ninety-three (93) in the Original Plat of Angola and being on the west line of South Wayne Street; thence continuing East 81.33 feet to the east line of South Wayne Street and being the southwest corner of Lot numbered Ninety-two (92) in the Original Plat of Angola; thence continuing East 250.0 feet to the southeast corner of Lot numbered Ninety-one (91) in the Original plat of Angola and being on the west line of South Martha Street; thence North 132.0 feet along said west line to the northeast corner of Lot numbered Eighty-six (86) in the Original Plat of Angola and being on the south line of East Gale Street; thence continuing North 45.0 feet to the north line of East Gale Street to the southeast corner of Lot numbered Sixty-nine (69) in the Original Plat of Angola; thence continuing North 125.0 feet along the east line of South Martha Street to a point 25.0 feet south of the northeast corner of Lot numbered Seventy (70) in the Original Plat of Angola; thence East 45.0 feet to the east line of South Martha Street to the southwest corner of Lot numbered Sixty-one (61) in the Original Plat of Angola; thence East 66.0 feet to the southeast corner of said Lot numbered Sixty-one; thence North 125.0 feet to the northeast corner of said Lot numbered Sixty-one (61) and being on the south line of East Maumee Street; thence East 33.0 feet along said south line; thence North 80.0 feet to the north line of East Maumee Street to the southeast corner of the west half of Lot numbered Forty-three (43) in the Original plat of Angola; thence North 250.0 feet to the northeast corner of the west half of Lot numbered Thirty-eight (38) in the Original Plat of Angola and being on the south line of East Gilmore Street; thence West 99.0 feet along said south line to the northwest corner of Lot numbered Thirty-seven (3 7) in the Original Plat of Angola and being on the east line of North Martha Street; thence continuing West 45.0 feet to the west line of North Martha Street to the northeast corner of Lot numbered Thirty-six (36) in the Original Plat of Angola; thence West 250.0 feet along the south line of East Gilmore Street to the northwest corner of Lot numbered Thirtythree (33) in the Original Plat of Angola and being on the east line of North Wayne Street; thence West 81.33 feet to the west line of North Wayne Street to the northeast corner of Lot numbered Thirty-two (32) in the Original plat of Angola; thence West 250.0 feet along the south line of West Gilmore Street to the northwest corner of Lot numbered Twenty-nine (29) in the Original Plat of Angola and being on the east line of North Elizabeth Street; thence continuing West 45.0 feet to the west line of North Elizabeth Street to the northeast corner of Lot numbered twenty-eight (28) in the Original Plat of Angola; thence continuing West 264.0 feet along the south line of West Gilmore Street back to the point of beginning containing 19.8 acres more or less.

(Ord. 1277-2007 § 1)

§ 15.25.060 Interim protection.

When submitting a map to the Common Council under AMC § 15.25.050, 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.

Not more than two working days after declaring a building, structure, or site 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, structure or site with a written notice of the declaration. The written notice must:

Cite the authority of the Commission to put the building, structure, or site under interim protection under this section;

Explain the effect of putting the building, structure, or site under interim protection; and

Indicate that the interim protection is temporary.

A building or structure put under interim protection under subsection (A) of this section remains under interim protection until the map is:

Submitted to; and

Approved in an ordinance or rejected by the Common Council.

While a building, structure, or site is under interim protection under this section:

The building, structure, or site may not be demolished or moved; and

§ 15.25.070 Certificates of appropriateness (COA).

The exterior appearance of the building, structure, or site may not be conspicuously changed by:

Addition;

Reconstruction; or

Alteration.

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 considering effect of actions on historic buildings in AMC § 15.25.070(D) and any proposed preservation guidelines prepared for the building, structure, or site, but the certificate of appropriateness shall have no effect, and no action may be taken pursuant thereto, unless the map including the building, structure or site is approved by the Common Council.

(Ord. 1247-2006; Code 2000 § 154.21)

Certificates of Appropriateness (COA) Required. A certificate of appropriateness must be issued by the Commission before a permit is issued for, or work is begun on, any of the following:

Within all areas of a historic district:

The demolition of any building or structure;

The moving of any building or structure;

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 involving exterior color change if cited by individual ordinance; or

(d)

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

Within a primary area of a historic district:

A change in walls and fences, or the construction of walls and fences along public ways;

A conspicuous change in the exterior appearance of nonhistoric buildings subject to view from a public way by additions, reconstruction, alteration and/or maintenance involving exterior color change.

Within a conservation district:

The moving of any building;

The demolition of any building; or

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

Application for Certificates of Appropriateness. An application for a certificate of appropriateness 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.

Approval or Denial of Certificates of Appropriateness. The Commission may approve or deny certificates of appropriateness for any actions covered by this title. If an application for a certificate of appropriateness is approved by the Commission, or is not acted on by the Commission within 30 days after it is filed, a certificate of appropriateness shall be issued. The Commission may grant an extension of the 30-day limit if the applicant agrees to it. The Commission must report its findings and the reasons for its decision in written form, and supply the applicant with a copy of its report. A copy of the certificate of appropriateness must be submitted with the application for a building or demolition permit; no building or demolition permit shall be issued unless a copy of the certificate of appropriateness is provided by the applicant with the application.

Criteria for Considering Effect of Actions on Historic Buildings. The Commission, in considering the appropriateness of 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:

Purposes of this title;

Historical and architectural value and significance of the building, structure, site or appurtenance;

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;

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 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 defined in AMC § 15.25.090(B); and

(7)

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

(Ord. 1247-2006; Code 2000 § 154.22)

§ 15.25.080 Staff approvals.

The Commission may authorize the staff of the Commission, on behalf of the Commission, to grant or deny an application for a certificate of appropriateness.

The Commission shall specify by rule the types of applications for certificates of appropriateness that the staff of the Commission is authorized to grant or deny. The staff may not be authorized to grant or deny an application for a certificate of appropriateness for the following:

The demolition of a building, structure, or site.

The moving of a building or structure.

The construction of an addition to a building or structure.

The construction of a new building or structure.

(Ord. 1247-2006; Code 2000 § 154.23)

§ 15.25.090 Visual compatibility.

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, color change, 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, color, and location on a lot compatible with other buildings in the historic district and with places to which it is visually related.

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, repaired, or changed in color, must be visually compatible with buildings and places to which they are visually related generally in terms of the following visual compatibility factors:

Height. The height of proposed buildings must be visually compatible with adjacent buildings.

Proportion of Building's Front Façade. 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.

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.

§ 15.25.100 Preservation of historical and architectural character upon alteration or relocation mandated.

Relationship of Solids to Voids in Front Façades. The relationship of solids to voids in the front façade 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, and Color. The relationship of the materials, texture, and color of the façade 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 façades, 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. 1247-2006; Code 2000 § 154.24)

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.

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. 1247-2006; Code 2000 § 154.25)

§ 15.25.110 Appeals.

The purpose of this section is to preserve historic buildings that are important to the education, culture, traditions, and economic values of the city and to afford the city, historical organizations, property owners, and other interested persons the opportunity to acquire or to arrange for the preservation of these buildings.

If the Commission denies the issuance of a certificate of appropriateness 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, but 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.

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 or 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.

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

(Ord. 1247-2006; Code 2000 § 154.26)

§ 15.25.120 Maintenance.

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.

§ 15.25.130 Relationship with zoning districts.

Ordinary Repairs and Maintenance. 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, color, location, or external visual appearance of any structure, or part thereof.

(Ord. 1247-2006; Code 2000 § 154.27)

Zoning districts 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. 1247-2006; Code 2000 § 154.28)

§ 15.25.140 Paint colors.

In an ordinance approving the establishment of a historic district, the city may exclude changes in paint colors from the activities requiring the issuance of a certificate of appropriateness under AMC § 15.25.070 before a permit may be issued or work begun.

(Ord. 1247-2006; Code 2000 § 154.29)

§ 15.25.150 Interested parties.

An interested party (as defined in AMC § 15.25.020) has a private right of action to enforce and prevent violation of provisions of this chapter or an ordinance adopted by the city 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.

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.

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.

The interested party that 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 a unit under this chapter, had been, or was about to be violated.

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.

An action arising under this section must be brought in the circuit or superior court of the county in which the historic district lies and no change of venue from the county shall be allowed in the action.

(G)

The remedy provided in this section is in addition to other remedies that may be available at law or in equity.

(Ord. 1247-2006; Code 2000 § 154.30)

§ 15.25.160 Penalty.

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:

Not less than $10.00 nor more than $2,500 for demolition; and

Not less than $10.00 or more than $300.00 for all other offenses.

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

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 provisions of this chapter is hereby declared to be a nuisance and in violation of this chapter and unlawful. The city may institute a suit for injunction in the Circuit Court or Superior Court of Steuben 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.

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.