Indiana § 36-7-11.3-56 Conditions for altering structure or feature on primary property

Indiana Statutes

§ 36-7-11.3-56 — Conditions for altering structure or feature on primary property

Indiana § 36-7-11.3-56

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 11.3Municipal Preservation

This text of Indiana § 36-7-11.3-56 (Conditions for altering structure or feature on primary property) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-7-11.3-56 (2026).

Text

(a)A person may not construct on primary property a structure or feature or reconstruct, alter, or demolish primary property unless the following conditions have been met:

(1)The person has previously filed with the commission an application for a certificate of appropriateness in the form and with the plans, specifications, and other materials that the commission prescribes.

(2)A certificate of appropriateness has been issued by the commission as provided in this section.

(b)After the filing of an application for a certificate of appropriateness, the commission shall determine whether the proposed construction, reconstruction, or alteration of the structure in question:

(1)will be appropriate to the preservation of the area comprised of primary and secondary property; and

(2)complie

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(a) A person may not construct on primary
property a structure or feature or reconstruct, alter, or demolish primary
property unless the following conditions have been met:
(1) The person has previously filed with the commission an
application for a certificate of appropriateness in the form and
with the plans, specifications, and other materials that the
commission prescribes.
(2) A certificate of appropriateness has been issued by the
commission as provided in this section.
(b) After the filing of an application for a certificate of
appropriateness, the commission shall determine whether the proposed
construction, reconstruction, or alteration of the structure in question:
(1) will be appropriate to the preservation of the area comprised
of primary and secondary property; and
(2) complies with the architectural and construction standards
then existing in the area.
(c) In determining appropriateness, the commission shall consider,
in addition to other factors that the commission considers pertinent, the
historical and architectural style, general design, arrangement, size,
texture, and materials of the proposed work and the relation of the
proposed work to the architectural factor of other structures in the area.
The entity responsible for issuing building permits may not issue a
permit for the construction, reconstruction, alteration, or demolition of
a structure in the area unless the application for the permit is
accompanied by a certificate of appropriateness.
(d) The issuance of or refusal to issue a permit is a final
determination appealable under section 59 of this chapter. With respect
to a certificate of appropriateness, the commission may, by rule or
regulation, provide for:
(1) the public hearings;
(2) notice of the hearings; or
(3) the filing of the application for the certificate;
that the commission considers necessary.
(e) Notwithstanding this section, the commission may, by rule or
regulation:
(1) define; and
(2) exempt from the application of this section;
specific types and categories of construction, reconstruction,
alterations, and demolition for which the commission determines
commission action and review are not necessary or desirable to effect
the purposes of this chapter.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-17(a)
part, (b), (c), (d).]