Sec. 2. (a) If before July 1, 1977, a unit established by ordinance a commission for the purpose of historic preservation, that commission may continue to operate, regardless of whether that ordinance is subsequently amended or is consistent with this chapter. If the unit wants to operate a historic preservation commission under this chapter, it must adopt an ordinance under section 4 of this chapter, and this chapter then provides the exclusive method for operation of a historic preservation agency in the unit.
(b) If a unit did not establish a commission for the purpose of historic preservation before July 1, 1977, this chapter provides the exclusive method for operation of a historic preservation agency in the unit.
(c) Subsections (a) and (b) do not limit the power of a municipality to establish a commission for the preservation of a historic street area under IC 36-7-11.3.
[Pre-Local Government Recodification Citation: 18-7-22-1.]
As added by Acts 1981, P.L.309, SEC.30. Amended by Acts 1982, P.L.77, SEC.3; P.L.1-1995, SEC.80; P.L.227-1997, SEC.2.
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