§ 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;
(B) income generation;
(C) availability of contractors to perform work;
(D) real estate values;
(E) assessed values and taxes;
(F) revenue projections;
(G) current level of return;
(H) operating expenses;
(I) vacancy rates;
(J) financing issues;
(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:
(A) Deny the petition.
(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.

Legislative History

As added by P.L.206-2013, SEC.1.