Bill Text: IN SB0004 | 2013 | Regular Session | Introduced
Bill Title: Historic preservation.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 206 [SB0004 Detail]
Download: Indiana-2013-SB0004-Introduced.html
Citations Affected: IC 36-7-11-23.
Synopsis: Altering historic preservation districts. Provides the
exclusive method for removing the designation of a historic district.
Provides that a petition requesting the removal of a designation of a
historic district may be filed with the legislative body of the unit by the
owners of: (1) a building, structure, or site designated as a single site
historic district; or (2) in the case of a historic district with two or more
parcels, at least 51% of the owners of the real property of the historic
district. Requires the legislative body to submit the petition to the
historic preservation commission (commission) of the unit. Requires
the commission to conduct a public hearing on the petition not later
than 60 days after receiving the petition. Requires the commission to
make findings and a recommendation to grant or deny the petition not
later than ten days after the public hearing. Requires the legislative
body of the unit to grant or deny the petition not later than 45 days after
receiving the petition from the commission. Provides that the
legislative body may adopt an ordinance granting a petition by: (1) a
majority vote, if the recommendation of the commission is to grant the
petition; or (2) by a two-thirds vote, if the recommendation of the
commission is to deny the petition. Provides that if the legislative body
does not act upon the petition within the 45 day period, the petition is
considered granted or denied in accordance with the recommendation
of the commission. Provides that if a petition is granted, the legislative
body must adopt an ordinance to remove the designation of the historic
district and record the ordinance with the county recorder. Provides
that the designation of the historic district is considered removed on the
date the ordinance is recorded with the county recorder.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Local Government.
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(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, 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, 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 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 do one (1) of the following:
(1) Deny the petition.
(2) Grant the petition by adopting an ordinance that removes
the designation of the historic district by:
(A) a majority vote, if the recommendation of the historic
preservation commission is to grant the petition; or
(B) 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.
