Chapter 2.106
HISTORIC DISTRICTS
Sections:
2.106.010 Purpose – Definitions.
2.106.020 Preservation Commission.
2.106.030 Powers and duties of commission.
2.106.040 Adoption of State law.
2.106.050 Phased-in districts.
2.106.060 Acquisition and disposition of property.
2.106.080 Visual compatibility.
2.106.110 Relationship with zoning districts.
2.106.120 Enforcement, penalties, and judicial review.
2.106.140 Lincolnshire Historic District.
2.106.150 Notification of registered neighborhood associates.
2.106.010 Purpose – Definitions.
(A) In order to promote the educational, cultural and general welfare of the citizens of the City of Evansville and to ensure the harmonious and orderly growth and development of the municipality; to maintain established residential neighborhoods in danger of having their distinctiveness destroyed; to enhance property values and attract new residents; and to enhance tourism within the City; it is deemed essential by the City that the outward appearance of its structures be preserved. This purpose is advanced through the restoration and preservation of historic areas and buildings, the maintenance and insurance of compatibility in regards to style, form, proportion, texture and material between historic buildings and those of contemporary design. It is the intent of the City through this chapter to preserve and protect historic and architecturally worthy buildings, structures, sites, monuments, streetscapes, squares and neighborhoods which support a distinct aesthetic quality to the City and serve as visible reminders of its historic heritage.
(B) Definitions. The following words shall have the following meaning unless a different meaning is clearly indicated:
(1) “Alteration” means a material or color change in the external architectural features of any building, structure, or site within a historic district.
(2) Classifications.
(a) Outstanding or “O” Classification. Property that 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.
(b) Notable or “N” Classification. 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.
(c) Contributing or “C” Classification. 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.
(d) Noncontributing or “NC” Classification. Property not included in an inventory unless it is located within the boundaries of a historic district. Such property may be less than 50 years old or they may be older structures that have been altered in such a way that they 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.
(3) “Commission” means the Evansville Preservation Commission established under this chapter.
(4) “Demolition” means the complete or substantial removal of any building, structure, or site located in a historic district.
(5) “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 chapter.
(6) “Interested party” means the following:
(a) The Mayor.
(b) The City Council.
(c) The Area Plan Commission.
(d) A neighborhood association, whether incorporated or unincorporated, a majority of whose members are residents of a historic district.
(e) An owner or occupant owning or occupying property located in a historic district.
(f) Historic Landmarks Foundation of Indiana, Inc., or any of its successors.
(g) The State Historic Preservation Officer designated under IC 14-21-1-19.
(7) “Preservation guidelines” means criteria, locally developed, which identifies 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.
(8) “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.
(9) “Routine maintenance” means work for which no certificate of appropriateness is required.
(10) “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.
(11) “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, etc.), use of plant materials such as trees and shrubs, and the setback, mass, and proportion of those buildings which enclose the street.
(12) “Visual compatibility” means those elements of design that meet the guidelines set out in EMC 2.106.080. [Ord. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.880. Formerly 18.115.010.]
2.106.020 Preservation Commission.
(A) There is hereby created the Preservation Commission of the City of Evansville under IC 36-7-11-4.
(B) The commission shall have seven members who shall serve for a term of three years. Some initial members may be appointed for one- or two-year terms to provide for staggered terms. Members of the commission shall be residents of the City who are interested in the preservation and development of historic districts. At least one member shall be a resident of the Lincolnshire Historic District. The Mayor shall appoint the members of the commission subject to approval of the City Council.
(C) Members shall serve without compensation except for reasonable expenses incurred in the performance of their duties subject to appropriation by City Council.
(D) The Mayor may appoint an advisory committee to make recommendations and assist the Preservation Commission. Membership shall be subject to approval by City Council. The members of the advisory committee serve without compensation.
(E) The Mayor may designate an officer or employee of the City to act as Administrator or permit the commission to appoint an Administrator who shall serve without compensation except for reasonable expenses incurred in the performance of the Administrator’s duties subject to appropriation. The Administrator shall provide staff assistance to the commission, as the commission’s secretary, and issue certificates of appropriateness as directed by the commission. If there is no Administrator, the commission shall elect one of its members to act as secretary.
(F) The commission shall have rule-making authority for the transaction of business consistent with IC 36-7-11. [Ord. G-2009-28 § 1, passed 12-17-09; Ord. G-2003-7, passed 2-10-03; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.881. Formerly 18.115.020.]
2.106.030 Powers and duties of commission.
(A) Except as provided in IC 36-7-11-19, a certificate of appropriateness shall be issued by the commission before a permit is issued for or work begins on any of the following:
(1) Within all areas of the historic district:
(a) The demolition of any building;
(b) The moving of any building;
(c) A conspicuous change in the exterior appearance of historic buildings by additions, reconstruction, alteration, or maintenance involving exterior color change; 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 the historic district:
(a) A change in walls and fences or the construction of walls and fences along public ways; or
(b) 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.
(B) The commission shall be concerned with those elements of development, redevelopment, rehabilitation, and preservation that affect visual quality in a historic district. 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.
(C) The commission shall conduct such surveys, develop maps and classify buildings and sites as provided in IC 36-7-11-6 and 36-7-11-8.
(D) The commission may adopt preservation guidelines for architectural review. If adopted, such guidelines shall be in writing and available for public inspection. [Ord. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.882. Formerly 18.115.030.]
2.106.040 Adoption of State law.
This chapter is adopted pursuant to IC 36-7-11 and shall be governed by those provisions. [Ord. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.883. Formerly 18.115.040.]
2.106.050 Phased-in districts.
(A) Historic districts may be established by ordinance in two phases pursuant to IC 36-7-11-19. Under the first phase, which lasts three years from the date the ordinance is adopted, a certificate of appropriateness is required only for activities described in IC 36-7-11-10(1)(A), 10(1)(B) and 10(1)(D). At the end of the first phase, the district becomes fully established and, subject to IC 35-7-11-19(b), a certificate of appropriateness must be issued by the commission before a permit may be issued for or work may begin on an activity described in IC 36-7-11-10.
(B) The first phase described in subsection (A) of this section 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 activities described in IC 36-7-11-10(1)(C), 10(2)(A), and 10(2)(B). The objections 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 ordinance. [Ord. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.884. Formerly 18.115.050.]
2.106.060 Acquisition and disposition of property.
The commission may acquire, by purchase, gift, grant, bequest, devise, or lease, any real or personal property, including, but not limited to, easements, that is appropriate for carrying out the purposes of the commission; hold title to real and personal property; and 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. [Ord. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.885. Formerly 18.115.060.]
2.106.070 Staff approvals.
(A) 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.
(B) 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:
(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. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.886. Formerly 18.115.070.]
2.106.080 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, 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.
(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, 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:
(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 post 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 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 Evaluation. 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. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.887. Formerly 18.115.080.]
2.106.090 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. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.888. Formerly 18.115.090.]
2.106.100 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) 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. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.889. Formerly 18.115.100.]
2.106.110 Relationship with zoning districts.
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. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.890. Formerly 18.115.110.]
2.106.120 Enforcement, penalties, and judicial review.
(A) 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 $100.00 or more than $2,500 for demolition; and
(2) Not less than $50.00 nor more than $500.00 for all other offenses.
(B) Each day of the existence of any violation of this chapter shall be a separate offense.
(C) 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 Vanderburgh 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.
(D) 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.
(E) Any person or party aggrieved by a decision or action taken by the commission shall be entitled to a judicial review hereof in accordance with IC 4-22.1. [Ord. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.891. Formerly 18.115.120.]
2.106.130 Preservation area.
The following area is hereby designated as a preservation area, which shall be known as the Original Evansville Preservation Area:
Beginning at the northernmost corner of the intersection of Walnut Street and Southeast Second Street in the City, then in a southeasterly direction along the northeastern right-of-way line of Southeast Second Street to the intersection of Southeast Second Street with Oak Street, then in a northeasterly direction along the northwestern right-of-way line of Oak Street to the northernmost corner of the intersection of Oak Street and Southeast Third Street, then in a southeasterly direction along the northeastern right-of-way line of Southeast Third Street to the easternmost corner of the intersection of Southeast Third Street and Blackford Street, then in a southwesterly direction along the southeastern right-of-way line of Blackford Street to the intersection of Blackford Street and Southeast Second Street, then in a southeasterly direction along the northeastern right-of-way line of Southeast Second Street to the easternmost corner of the intersection of Southeast Second Street and College Avenue, then in a southwesterly direction along the southeastern right-of-way line of College Avenue to a point halfway between the intersection of College Avenue with Southeast First Street, and College Avenue with Southeast Second Street, then in a southeasterly direction along the center of a dedicated alleyway to the southeastern right-of-way line of Adams Avenue, then following the southeastern right-of-way line of Adams Avenue in a generally southwesterly and southern direction to the intersection of Adams Avenue with Southeast Riverside Drive, then continuing south along the eastern right-of-way of Shawnee Avenue to its intersection with Southlane Drive, then in a generally north and northwesterly direction along the eastern right-of-way line of Southlane Drive and continuing as Southlane Drive becomes Southeast Riverside Drive to a point 99.25 feet northwest of the southernmost corner of Lot 4 in the subdivision of Lots 71 and 72 of the Upper Enlargement of the City as per plat thereof recorded in the office of the Recorder of Vanderburgh County, then in a northeasterly direction parallel to the northwest line of Lot 4 to a point in the middle of an alley, then in a northwesterly direction with the middle of the alley extended to a point in the center of Chestnut Street, then in a southwesterly direction with the center of Chestnut Street to the nearest edge of the right-of-way of Riverside Drive, then with the right-of-way in a northwesterly direction to a point on Riverside Drive 111.75 feet generally northwest to the southerly most corner of Block 1 in the original plan of the City as per plat thereof recorded in the office of the Recorder of Vanderburgh County, then in a northeasterly direction and parallel with the northwest line of Lot 1 to a point in the middle of an alley, then southeasterly with the center of the alley, 68.25 feet, then in a northeasterly direction parallel to the southeast boundary line of Block 48 in the original plan on a line extended to the northeastern right-of-way line of Southeast First Street, then northwesterly along the northeastern right-of-way line of Southeast First Street to a point in the middle of Block 51 of the original plan of the City of Evansville as per the plat thereof recorded in the office of the Recorder of Vanderburgh County, then in a northeasterly direction and parallel to the southeast boundary line of Block 51 to the northeast boundary line of Block 51, then in a northwesterly direction along a platted alleyway, extended to a point on the northwestern right-of-way line of Walnut Street, then in a northeasterly direction along the northwestern right-of-way line of Walnut Street to the point of beginning. EXCEPT THEREFROM, Lots 1, 2, 3, 4, 5, and 6 of the First Addition to Sunset Place as per recorded plat thereof, recorded in Plat Book F, at Page 84 in the office of the Recorder of Vanderburgh County, the premises excepted more commonly known as the Sunset Tower Apartments. [Ord. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 19, § 2; 1982 Code § 30.286; 1983 Code § 3.30.892. Formerly 18.115.130.]
2.106.140 Lincolnshire Historic District.
The following area is hereby designated as a historic district, which shall be known as the Lincolnshire Historic District:
The Lincolnshire Subdivision, Lots 1 through 76, inclusive; Lincolnshire II Subdivision, Block 1, Lots A and B, and Lots 4 through 11, inclusive; Lincolnshire II Subdivision, Block 2, Lots 1 through 14, inclusive; Swanson Place, Block 1, Lots 1 through 11, inclusive; and a portion of Lot 11 in Bierbower’s Sub, consisting of two parcels at the southwest corner of Lot 11, which jointly have 151.3 feet of frontage adjacent to Lincoln Avenue and 150 feet of frontage adjacent to Willow Road and are commonly known as 1400 and 1408 Lincoln Avenue. [Ord. G-2009-28 § 1, passed 12-17-09; Ord. G-2000-24, passed 11-27-00; Ord. G-99-11, passed 8-16-99; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.893. Formerly 18.115.140.]
2.106.150 Notification of registered neighborhood associates.
Prior to the establishment of a historic district pursuant to EMC 2.106.050, written notice shall be provided to all registered neighborhood associations the boundaries of which are within, crossed by or immediately adjacent to the proposed historic boundaries, pursuant to the provisions of EMC 2.108.060(B). [Ord. G-2009-28 § 1, passed 12-17-09; Ord. G-98-24, passed 11-2-98. 1983 Code § 3.30.894. Formerly 18.115.150.]