Sec. 61. (a) A person may not construct on Meridian Street property a structure or feature or reconstruct, alter, or demolish Meridian Street 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 Meridian Street and bordering 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 department of metropolitan development 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 64 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).]
As added by P.L.1-1995, SEC.83.
Structure Indiana Code
Article 7. Planning and Development
Chapter 11.2. Meridian Street Preservation
36-7-11.2-1. Purpose of Chapter
36-7-11.2-2. "Bordering Property" Defined
36-7-11.2-3. "Commission" Defined
36-7-11.2-4. "Department of Metropolitan Development" Defined
36-7-11.2-5. "Development Commission" Defined
36-7-11.2-7. "Interested Party" Defined
36-7-11.2-8. "Meridian Street" Defined
36-7-11.2-9. "Meridian Street Property" Defined
36-7-11.2-10. "Neighborhood Association" Defined
36-7-11.2-11. "Notice" Defined
36-7-11.2-12. "Occupant" Defined
36-7-11.2-14. "Person" Defined
36-7-11.2-15. "Single Family or Double Family Residential Dwellings" Defined
36-7-11.2-16. "Society" Defined
36-7-11.2-17. "Subject Property" Defined
36-7-11.2-18. Establishment of Commission
36-7-11.2-19. Number of Members of Commission
36-7-11.2-20. Appointment of Architect and Professional City Planner
36-7-11.2-23. Holding Over Membership Upon Expiration of Member's Term
36-7-11.2-24. Death or Resignation of Member
36-7-11.2-25. Service Without Compensation
36-7-11.2-27. Adoption of Rules
36-7-11.2-28. Filing and Records
36-7-11.2-29. Alternate Persons on Whom Notice May Be Served
36-7-11.2-30. Attorney for Commission
36-7-11.2-31. Regular Meetings
36-7-11.2-32. Special Meetings
36-7-11.2-33. Continuance of Matters on Docket
36-7-11.2-34. Evidence Required
36-7-11.2-36. Reasons for Disqualification of Members From Voting on Matters; Abstention of Member
36-7-11.2-37. Private Deliberations
36-7-11.2-38. Written Final Orders
36-7-11.2-39. Temporary Orders
36-7-11.2-40. Proposed Temporary or Final Orders
36-7-11.2-41. Action Based on Verbal Assurances or Unwritten Agreements
36-7-11.2-42. Written Agreement Required
36-7-11.2-43. Requirements of Written Agreement
36-7-11.2-44. Filing of Agreement
36-7-11.2-45. Voting on Agreement
36-7-11.2-46. Amended Agreement
36-7-11.2-47. Abrogation of Agreement
36-7-11.2-48. Minutes of Meetings
36-7-11.2-50. Acceptance of Money for Administration
36-7-11.2-51. Approval for Zoning Variance
36-7-11.2-52. Conditions to Be Met Before Petition Approval
36-7-11.2-53. Prohibited Results of Variance or Ordinance
36-7-11.2-54. Notice of Filing of Petition; Referral to Commission; Reconsideration
36-7-11.2-55. Provisions Inapplicable to Considerations of Rezoning Matters; Procedures
36-7-11.2-56. Requirements of Petition for Zoning Variance or for Subject Property
36-7-11.2-58. Notice of Petition for New or Amended Zoning Ordinance
36-7-11.2-59. Prohibited New or Altered Structures on Meridian Street
36-7-11.2-60. Subdivision of Meridian Street Property
36-7-11.2-62. Restrictions on Owners and Occupants of Meridian Street or Bordering Property
36-7-11.2-63. Private Right of Action With Respect to Meridian Street or Bordering Property