Bill Text: IN SB0004 | 2013 | Regular Session | Enrolled
Bill Title: Historic preservation.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 206 [SB0004 Detail]
Download: Indiana-2013-SB0004-Enrolled.html
Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.
AN ACT to amend the Indiana Code concerning local government.
Be it enacted by the General Assembly of the State of Indiana:
(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.
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:
Time:
SEA 4
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
