Section 36-7-11-23 - Removal of historic district designation(a) This section provides the exclusive method for removing the designation of a historic district. The owner or owners of a building, structure, or site designated as a single site historic district may sign and file a petition with the legislative body of the unit requesting removal of the designation of the building, structure, or site as a historic district. In the case of a historic district containing two (2) or more parcels, at least sixty percent (60%) of the owners of the real property of the historic district may sign and file a petition with the legislative body of the unit requesting removal of the designation of the historic district.(b) The legislative body shall submit a petition filed under subsection (a) to the historic preservation commission of the unit. The historic preservation commission shall conduct a public hearing on the petition not later than sixty (60) days after receiving the petition. The historic preservation commission shall provide notice of the hearing: (1) by publication under IC 5-3-1-2(b);(2) in the case of a historic district comprised of real property owned by fewer than fifty (50) property owners, by certified mail, sent at least ten (10) days before the hearing, to each owner of real estate within the historic district; and(3) in the case of a single building, structure, or site designated as a historic district, by certified mail, sent at least ten (10) days before the hearing, to each owner of the real estate abutting the building, structure, or site designated as a historic district that is the subject of the petition.(c) The historic preservation commission shall make the following findings after the public hearing: (1) Whether a building, structure, or site within the historic district continues to meet the criteria for inclusion in a historic district as set forth in the ordinance approving the historic district map under section 7 of this chapter. The determination must state specifically the criteria that are applicable to the buildings, structures, or sites within the district.(2) Whether failure to remove the designation of the historic district would deny an owner of a building, structure, or site within the historic district reasonable use of the owner's property or prevent reasonable economic return. Evidence provided by the petitioner may include information on:(A) costs to comply with regulations;(C) availability of contractors to perform work;(E) assessed values and taxes;(G) current level of return;(K) efforts to explore alternative uses for a property;(L) availability of economic incentives; and(M) recent efforts to sell or rent property.(3) Whether removal of the designation of a historic district would have an adverse economic impact on the owners of real estate abutting the historic district, based on testimony and evidence provided by the owners of the real estate and licensed real estate appraisers or brokers.(4) Whether removal of or failure to remove the designation of the historic district would have an adverse impact on the unit's historic resources, and specifically whether it would result in the loss of a building, structure, or site classified as historic by the commission's survey prepared under section 6 of this chapter.(d) Not later than ten (10) days after the public hearing, the historic preservation commission shall submit: (1) its findings on the petition; and(2) a recommendation to grant or deny the petition; to the legislative body of the unit.
(e) Not later than forty-five (45) days after receiving the historic preservation commission's findings, the legislative body of the unit shall:(1) take public comment and receive evidence in support of or in opposition to the petition; and(2) do one (1) of the following:(B) Grant the petition by adopting an ordinance that removes the designation of the historic district by: (i) a majority vote, if the recommendation of the historic preservation commission is to grant the petition; or(ii) a two-thirds (2/3) vote, if the recommendation of the historic preservation commission is to deny the petition. The legislative body shall record an ordinance adopted under subdivision (2) with the county recorder not later than ten (10) days after the legislative body adopts the ordinance. The historic district designation is considered removed on the date the ordinance is recorded with the county recorder.
(f) If the legislative body of the unit does not grant or deny the petition within forty-five (45) days after receiving the historic preservation commission's findings: (1) the petition is considered granted or denied in accordance with the recommendation of the historic preservation commission; and(2) if the petition is considered granted, the legislative body shall, not later than fifty-five (55) days after receiving the historic preservation commission's findings: (A) adopt an ordinance that removes the designation of the historic district; and(B) record the ordinance with the county recorder. The historic district designation is considered removed on the date the ordinance is recorded with the county recorder.
Added by P.L. 206-2013, SEC. 1, eff. 7/1/2013.