ORDINANCE No. 1585
AN ORDINANCE AMENDING TITLE 15 TO ADD A NEW
CHAPTER 11, HISTORIC
PRESERVATION TO THE
MUNICIPAL CODE OF THE
CITY OF BLUFFTON
WHEREAS, the Common Council (“Council”) of the City of Bluffton (“City”) has authority under the Acts of the Indiana General Assembly to make all necessary regulations for the preservation of the rights, property, health, safety and welfare of its citizens, and the Council finds that the interests of the citizens of the City of Bluffton would be best served by amending the Bluffton Municipal Code to add a new Title 15, Chapter 11 to address the preservation of commercial historic landmarks within the City; and
WHEREAS, the City currently has a commercial historic district designated and bounded as shown in the “Exhibit A” attached to this Ordinance (the “District”).
WHEREAS, the City desires to adopted this Ordinance to add a new Title 15, Chapter 11 to the Municipal Code of the City (“Code”), to restrict the use of certain materials on the exterior of buildings within the District, contrary to the historic nature of the existing architecture.
THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF BLUFFTON, INDIANA AS FOLLOWS:
Section 1: Title 15 of the Code of Ordinances of the City of Bluffton, Indiana is hereby amended to add a new Chapter 11 as shown in “Exhibit B” to this Ordinance and is to be enforced as an ordinance of the City of Bluffton, Indiana.
Section 2: This Ordinance shall take effect and be in force upon adoption and publication as required by law.
Adopted by the Common Council of the City of Bluffton, Indiana, this 4th day of April, 2023, by the following vote:
AYES 5, to-wit:
Rick Elwell
Scott A. Mentzer
Janella J Stronczek
Chandler T. Gerber
Joshua D. Hunt
John S. Whicker, Presiding Officer
ATTEST:
Tamara D. Runyon, IAMC, MMC, CPFA
City Clerk Treasurer
Presented by me to the Mayor of the City of Bluffton, Indiana, at 7:35 o’clock p.m. this 4th day of April, 2023.
Tamara D. Runyon, IAMC, MMC, CPFA
City Clerk Treasurer
Approved by me this 4th day of April, 2023.
Mayor John S. Whicker
EXHIBIT B
TITLE 15 BUILDING & CONSTRUCTION
CHAPTER 15.11: HISTORIC PRESERVATON – COMMERCIAL
15.11.010 Purpose
15.11.020 Restricted Materials
15.11.030 Procedure for Existing Buildings
15.11.040 Procedure for New Buildings
15.11.050 Permits
15.11.060 Inspections
15.11.010 Purpose.
To protect and preserve the historical architectural character of the downtown Bluffton Commercial District by requiring all “Contributing” and “Non-Contributing Resource” properties located in the Bluffton Historic District be required to discuss and seek approval for changes to the exterior building materials. See the attached map of the downtown Bluffton Historic District, which is incorporated in and made a part of this Ordinance.
15.11.020 Restricted Materials
The exterior of any building within the Bluffton Historic District shall not be improved with exterior fastener metal siding or any vinyl siding to cover all or any part of a current masonry façade or exterior wall.
15.11.030 Procedure for Existing Buildings
An application must be submitted to the Bluffton Board of Public Works and Safety before a new façade or exterior wall covering can be installed on a new or existing building within the Bluffton Historic District. A new façade, exterior wall covering, or a replacement of an existing exterior wall covering of a building may be installed on a façade or exterior masonry wall of a building in the Bluffton Historic District if the following requirements are satisfied:
1. A structural engineer must review the existing façade or exterior masonry wall and verify that the existing façade or exterior masonry wall is free of structural defects.
2. A structural engineer must provide detailed plans regarding the installation of the new façade or exterior masonry wall covering.
3. The proposed façade or masonry exterior wall covering does not include the use any of the Restricted Materials identified in Section 15.11.020 of the Code.
4. The new façade or masonry exterior wall covering must not be a determent to the existence and the character of the Historical Commercial District and the intent and desire to maintain the historic downtown appearance.
5. The Bluffton Board of Public Works and Safety is the approval authority to determine if the new façade or exterior masonry wall covering complies with items 1-4 after consulting with the building owner and any active Bluffton downtown revitalization or historic preservation groups.
15.11.040 Procedure for New Buildings
Before any new non-residential buildings is constructed within the Bluffton Historic District, the Bluffton Board of Public Works and Safety must determine the façade and exterior walls satisfy the following requirements:
1. The proposed façade or exterior wall does not include any of the Restricted Materials in Section 15.11.020 of the Code.
2. The new façade or exterior wall is not a determent to the existence and the character of the Historical Commercial District and the intent and desire to maintain the historic downtown appearance.
3. The Bluffton Board of Public Works and Safety is the approval authority to determine if the new façade or exterior wall complies with items 1-2 after consulting with the building owner and any active Bluffton downtown revitalization or historic preservation groups.
15.11.050 Permits
The permit procedure for all authorized or approved exterior improvements under this Chapter 11 shall follow the permit procedures in Title 15 Chapter 10 of the Code.
15.11.060 Inspections.
The Building Commissioner shall inspect all work permitted under this Chapter 11 in accordance with Title 15 Chapter 10 of the Code.
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