§ 36-7-11.1-9 — Necessity of certificate of appropriateness; filing application; issuance procedure

Indiana § 36-7-11.1-9

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 11.1: Historic Preservation in Marion County

Text

(a) A person may not construct any exterior
architectural structure or feature in any historic area, or reconstruct,
alter, or demolish any such exterior or designated interior structure or
feature in the area, until the person has filed with the secretary of the
commission an application for a certificate of appropriateness in such
form and with such plans, specifications, and other material as the
commission may from time to time prescribe and a certificate of
appropriateness has been issued as provided in this section. However,
this chapter does not:
(1) prevent the ordinary maintenance or repair of any such
exterior or designated interior architectural structure or feature
that does not involve a change in design, color or outward
appearance of it;
(2) prevent any structural change certified by the department of
metropolitan development as immediately required for the public
safety because of a hazardous condition; or
(3) require a certificate of appropriateness for work that is
exempted by a historic preservation plan under section 7 of this
chapter.
(b) The commission shall hold a public hearing on any application
for certificate of appropriateness. At least ten (10) days before the date
set for the hearing, notice shall be published in accordance with IC 5-3-1, and notice shall be given additionally to the affected parties in
accordance with the commission's rules of procedure.
(c) Upon hearing the application for a certificate of appropriateness,
the commission shall determine whether the proposal will be
appropriate to the preservation of the area and to the furtherance and
development of historic preservation.
(d) In determining appropriateness of any proposed construction,
reconstruction, or alteration, the commission shall consider, in addition
to any other pertinent factors, the visual compatibility, general design,
arrangement, color, texture, and materials in relation to the
architectural or other design standards prescribed by the plan or any
applicable zoning regulation, the design and character of the historic
area, and the architectural factors of other structures in it. In
determining appropriateness of any proposed demolition, the
commission shall consider, in addition to any other pertinent factors,
the character and significance of the subject structure in relation to the
historic area and any other structures or sites in it, including its relative
contribution to the historic and architectural values and significance of
the area.
(e) However, if the commission finds under subsection (d) any
application to be inappropriate, but that its denial would result in
substantial hardship or deprive the owner of all reasonable use and
benefit of the subject property, or that its effect upon the historic area
would be insubstantial, the commission shall issue a certificate of
authorization, which constitutes a certificate of appropriateness for
purposes of this chapter.
(f) Issuance of a certificate of appropriateness is subject to review
by the metropolitan development commission as to its appropriateness
in relation to the comprehensive plan. This review must be in
accordance with the same procedures and limitations applicable to
appeals of decisions of boards of zoning appeals, as provided in IC 36-7-4, and must be initiated only upon notice of appeal by the division
of planning and zoning certifying that this determination interferes with
the comprehensive plan. All proceedings and work on the subject
premises under the certificate of appropriateness are automatically
stayed upon notice of the appeal.
As added by Acts 1982, P.L.77, SEC.6.