Sec. 19. (a) In an ordinance approving the establishment of a historic district, a unit may provide that the establishment occur in two (2) phases. Under the first phase, which lasts three (3) years from the date the ordinance is adopted, a certificate of appropriateness is required only for the activities described in section 10(1)(A), 10(1)(B), and 10(1)(D) of this chapter. At the end of the first phase, the district becomes fully established, and, subject to subsection (b), a certificate of appropriateness must be issued by the commission before a permit may be issued for or work may begin on an activity described in section 10 of this chapter.
(b) The first phase described in subsection (a) continues and the second phase does not become effective if a majority of the property owners in the district object to the commission, in writing, to the requirement that certificates of appropriateness be issued for the activities described in section 10(1)(C), 10(2)(A), and 10(2)(B) of this chapter. The objections must be received by the commission not earlier than one hundred eighty (180) days or later than sixty (60) days before the third anniversary of the adoption of the ordinance.
[Pre-Local Government Recodification Citation: 18-7-22-13.]
As added by P.L.146-1992, SEC.5. Amended by P.L.227-1997, SEC.17.
Structure Indiana Code
Article 7. Planning and Development
Chapter 11. Historic Preservation Generally
36-7-11-1. Application of Chapter
36-7-11-1.5. "Commission" Defined
36-7-11-3. Legislative Intent; Conflicts Between Zoning Districts and Historic Districts
36-7-11-4. Commission; Establishment
36-7-11-4.3. Commission; Authority to Grant or Deny Certificate of Appropriateness
36-7-11-4.6. Commission; Acquisition and Disposition of Property
36-7-11-5. Concern for Visual Quality in Historic District
36-7-11-6. Maps of Historic Districts; Classification of Historic Buildings and Structures
36-7-11-7. Approval of Maps of Historic Districts
36-7-11-8. Additional Surveys and Maps
36-7-11-8.5. Interim Protection
36-7-11-9. Assistance From Unit Officials; Legal Counsel
36-7-11-11. Applications for Certificates of Appropriateness
36-7-11-12. Approval or Denial of Application for Certificates of Appropriateness
36-7-11-15. Conformance to Statutory Requirements for Buildings
36-7-11-17. Compatibility Factors; Exception
36-7-11-18. Ordinances; Penalties for Violations
36-7-11-19. Phases; Certificate of Appropriateness; Objections