Sec. 8.5. (a) When submitting a map to the legislative body under section 7 or 8 of this chapter, the commission may declare one (1) or more buildings or structures that are classified and designated as historic on the map to be under interim protection.
(b) Not more than two (2) working days after declaring a building or structure to be under interim protection under this section, the commission shall, by personal delivery or first class mail, provide the owner or occupant of the building or structure with a written notice of the declaration. The written notice must:
(1) cite the authority of the commission to put the building or structure under interim protection under this section;
(2) explain the effect of putting the building or structure under interim protection; and
(3) indicate that the interim protection is temporary.
(c) A building or structure put under interim protection under subsection (a) remains under interim protection until:
(1) in a county other than a county described in subdivision (2), the map is:
(A) submitted to; and
(B) approved in an ordinance or rejected by;
the legislative body of the unit; or
(2) in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000), the earlier of:
(A) thirty (30) days after the building or structure is declared to be under interim protection; or
(B) the date the map is:
(i) submitted to; and
(ii) approved in an ordinance or rejected by;
the legislative body of the unit.
(d) While a building or structure is under interim protection under this section:
(1) the building or structure may not be demolished or moved; and
(2) the exterior appearance of the building or structure may not be conspicuously changed by:
(A) addition;
(B) reconstruction; or
(C) alteration.
As added by P.L.227-1997, SEC.9. Amended by P.L.158-2001, SEC.3; P.L.119-2012, SEC.201; P.L.104-2022, SEC.182.
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