§ 36-7-11-4 — Commission; establishment

(a) A unit may establish, by ordinance, a
historic preservation commission with an official name designated in
the ordinance. The commission must have not less than three (3) nor
more than nine (9) voting members, as designated by the ordinance.
The voting members shall be appointed by the executive of the unit,
subject to the approval of the legislative body. Voting members shall
each serve for a term of three (3) years. However, the terms of the
original voting members may be for one (1) year, two (2) years, or three
(3) years in order for the terms to be staggered, as provided by the
ordinance. A vacancy shall be filled for the duration of the term. In the
case of a commission with jurisdiction in a city having a population of
more than one hundred thousand (100,000) and less than one hundred
ten thousand (110,000), the commission must after June 30, 2001,
include as a voting member the superintendent of the largest school
corporation in the city.
(b) The ordinance may provide qualifications for members of the
commission, but members must be residents of the unit 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. The ordinance may also provide for the
appointment of advisory members that the legislative body considers
appropriate.
(c) The ordinance may:
(1) designate an officer or employee of the unit to act as
administrator;
(2) permit the commission to appoint an administrator who shall
serve without compensation except reasonable expenses incurred
in the performance of the administrator's duties; or
(3) provide that the commission act without the services of an
administrator.
(d) Members of the commission shall serve without compensation
except for reasonable expenses incurred in the performance of their
duties.
(e) The commission shall elect from its membership a chair and vice
chair, who shall serve for one (1) year and may be reelected.
(f) The commission shall adopt rules consistent with this chapter 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. All meetings of the commission must be open to the public,
and a public record of the commission's resolutions, proceedings, and
actions must be kept. If the commission has an administrator, the
administrator shall act as the commission's secretary, otherwise, the
commission shall elect a secretary from its membership.
(g) The commission shall hold regular meetings, at least monthly,
except when it has no business pending.
(h) A final decision of the commission is subject to judicial review
under IC 36-7-4 as if it were a final decision of a board of zoning
appeals.
[Pre-Local Government Recodification Citation:
18-7-22-7.]
As added by Acts 1981, P.L.309, SEC.30. Amended by
P.L.7-1987, SEC.168; P.L.227-1997, SEC.3; P.L.158-2001, SEC.2;
P.L.170-2002, SEC.157; P.L.126-2011, SEC.64; P.L.119-2012,
SEC.200; P.L.127-2017, SEC.184; P.L.11-2023, SEC.121.