CHAPTER 11. HISTORIC PRESERVATION GENERALLY
IC 36-7-11
Chapter 11. Historic Preservation Generally
IC 36-7-11-1
Application of chapter
Sec. 1. This chapter applies to all units except:
(1) counties having a consolidated city;
(2) municipalities in counties having a consolidated city; and
(3) townships.
As added by Acts 1981, P.L.309, SEC.30.
IC 36-7-11-1.5
"Commission" defined
Sec. 1.5. As used in this chapter, "commission" refers to a historic
preservation commission established through the adoption of an
ordinance under section 4 of this chapter.
As added by P.L.227-1997, SEC.1.
IC 36-7-11-2
Continuation of existing historical preservation commissions; new
commissions; commissions for the preservation of historic street
area
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.
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.
IC 36-7-11-3
Legislative intent; conflicts between zoning districts and historic
districts
Sec. 3. The historic district regulation provided in this chapter is
intended to preserve and protect the historic or architecturally worthy
buildings, structures, sites, monuments, streetscapes, squares, and
neighborhoods of the historic districts. Zoning districts lying within
the boundaries of the historic district are subject to the regulations
for both the zoning district and the historic district. If there is conflict
between the requirements of the zoning district and the requirements
of the historic district, the more restrictive requirements apply.
As added by Acts 1981, P.L.309, SEC.30.
IC 36-7-11-4
Commission; establishment
Sec. 4. (a) A unit may establish, by ordinance, a historic
preservation commission with an official name designated in the
ordinance. The commission must have not less than three (3) nor
more than nine (9) voting members, as designated by the ordinance.
The voting members shall be appointed by the executive of the unit,
subject to the approval of the legislative body. Voting members shall
each serve for a term of three (3) years. However, the terms of the
original voting members may be for one (1) year, two (2) years, or
three (3) years in order for the terms to be staggered, as provided by
the ordinance. A vacancy shall be filled for the duration of the term.
In the case of a commission with jurisdiction in a city having a
population of more than one hundred five thousand (105,000) but
less than one hundred twenty thousand (120,000), the commission
must after June 30, 2001, include as a voting member the
superintendent of the largest school corporation in the city.
(b) The ordinance may provide qualifications for members of the
commission, but members must be residents of the unit who are
interested in the preservation and development of historic areas. The
members of the commission should include professionals in the
disciplines of architectural history, planning, and other disciplines
related to historic preservation, to the extent that those professionals
are available in the community. The ordinance may also provide for
the appointment of advisory members that the legislative body
considers appropriate.
(c) The ordinance may:
(1) designate an officer or employee of the unit to act as
administrator;
(2) permit the commission to appoint an administrator who shall
serve without compensation except reasonable expenses
incurred in the performance of the administrator's duties; or
(3) provide that the commission act without the services of an
administrator.
(d) Members of the commission shall serve without compensation
except for reasonable expenses incurred in the performance of their
duties.
(e) The commission shall elect from its membership a chairman
and vice chairman, who shall serve for one (1) year and may be
reelected.
(f) The commission shall adopt rules consistent with this chapter
for the transaction of its business. The rules must include the time
and place of regular meetings and a procedure for the calling of
special meetings. All meetings of the commission must be open to
the public, and a public record of the commission's resolutions,
proceedings, and actions must be kept. If the commission has an
administrator, the administrator shall act as the commission's
secretary, otherwise, the commission shall elect a secretary from its
membership.
(g) The commission shall hold regular meetings, at least monthly,
except when it has no business pending.
(h) A decision of the commission is subject to judicial review
under IC 4-21.5-5 as if it was a decision of a state agency.
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.7-1987,
SEC.168; P.L.227-1997, SEC.3; P.L.158-2001, SEC.2;
P.L.170-2002, SEC.157.
IC 36-7-11-4.3
Commission; authority to grant or deny certificate of
appropriateness
Sec. 4.3. (a) An ordinance that establishes a historic preservation
commission under section 4 of this chapter may authorize the staff
of the commission, on behalf of the commission, to grant or deny an
application for a certificate of appropriateness.
(b) An ordinance adopted under this section must specify the
types of applications that the staff of the commission is authorized to
grant or deny. The staff may not be authorized to grant or deny an
application for a certificate of appropriateness for the following:
(1) The demolition of a building.
(2) The moving of a building.
(3) The construction of an addition to a building.
(4) The construction of a new building.
As added by P.L.227-1997, SEC.4.
IC 36-7-11-4.6
Commission; acquisition and disposition of property
Sec. 4.6. An ordinance that establishes a historic preservation
commission under section 4 of this chapter may:
(1) authorize the commission to:
(A) acquire by purchase, gift, grant, bequest, devise, or lease
any real or personal property, including easements, that is
appropriate for carrying out the purposes of the commission;
(B) hold title to real and personal property; and
(C) sell, lease, rent, or otherwise dispose of real and personal
property at a public or private sale on the terms and
conditions that the commission considers best; and
(2) establish procedures that the commission must follow in
acquiring and disposing of property.
As added by P.L.227-1997, SEC.5.
IC 36-7-11-5
Concern for visual quality in historic district
Sec. 5. The commission shall be concerned with those elements
of development, redevelopment, rehabilitation, and preservation that
affect visual quality in the historic district. However, the commission
may not consider details of design, interior arrangements, or building
features if those details, arrangements, or features are not subject to
public view, and may not make any requirement except for the
purpose of preventing development, alteration, or demolition in the
historic district obviously incongruous with the historic district. A
commission established by a county may not take any action that
affects property located in a municipality.
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997,
SEC.6.
IC 36-7-11-6
Maps of historic districts; classification of historic buildings and
structures
Sec. 6. (a) The commission shall conduct a survey to identify
historic buildings, structures, and sites located within the unit. Based
on its survey, the commission shall submit to the legislative body a
map describing the boundaries of a historic district or historic
districts. A district may be limited to the boundaries of a property
containing a single building, structure, or site. The map may divide
a district into primary and secondary areas.
(b) The commission shall also classify and designate on the map
all buildings, structures, and sites within each historic district
described on the map. Buildings, structures, and sites shall be
classified as historic or nonhistoric in the manner set forth in
subsections (c) and (e).
(c) Buildings, structures, and sites classified as historic under this
section must possess identified historic or architectural merit of a
degree warranting their preservation. They may be further classified
as:
(1) outstanding;
(2) notable; or
(3) contributing.
(d) In lieu of the further classifications set forth in subsection (c),
the commission may devise its own system of further classification
for historic buildings, structures, and sites.
(e) Nonhistoric buildings and structures are those not classified on
the map as historic under subsection (b).
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997,
SEC.7.
IC 36-7-11-7
Approval of maps of historic districts
Sec. 7. The map setting forth the historic district boundaries and
building classifications must be submitted to, and approved in an
ordinance by, the legislative body of the unit before the historic
district is established and the building classifications take effect.
As added by Acts 1981, P.L.309, SEC.30.
IC 36-7-11-8
Additional surveys and maps
Sec. 8. The commission may conduct additional surveys, and draw
and submit additional maps for approval of the legislative body, as
it considers appropriate.
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997,
SEC.8.
IC 36-7-11-8.5
Interim protection
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
thousand (200,000) but 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.
IC 36-7-11-9
Assistance from unit officials; legal counsel
Sec. 9. (a) Each official of the unit who has responsibility for
building inspection, building permits, planning, or zoning shall
provide any technical, administrative, or clerical assistance requested
by the commission.
(b) The attorney for the unit is the attorney for the commission.
However, the commission may employ other legal counsel
authorized to practice law in Indiana if it considers it to be necessary
or desirable.
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.146-1992,
SEC.1; P.L.227-1997, SEC.10.
IC 36-7-11-10
Construction projects within historic districts; certificates of
appropriateness required; exception
Sec. 10. Except as provided in sections 19 and 20 of this chapter,
a certificate of appropriateness must be issued by or on behalf of the
commission before a permit is issued for or work is begun on any of
the following:
(1) Within all areas of the historic district:
(A) the demolition of any building;
(B) the moving of any building;
(C) a conspicuous change in the exterior appearance of
historic buildings by additions, reconstruction, alteration, or
maintenance involving exterior color change; or
(D) any new construction of a principal building or
accessory building or structure subject to view from a public
way.
(2) Within a primary area of the historic district:
(A) a change in walls and fences or the construction of walls
and fences along public ways; or
(B) a conspicuous change in the exterior appearance of
nonhistoric buildings subject to view from a public way by
additions, reconstruction, alteration, or maintenance
involving exterior color change.
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.146-1992,
SEC.2; P.L.227-1997, SEC.11.
IC 36-7-11-11
Applications for certificates of appropriateness
Sec. 11. Application for a certificate of appropriateness may be
made in the office of the commission on forms provided by that
office. Detailed drawings, plans, or specifications are not required.
However, to the extent reasonably required for the commission to
make a decision, each application must be accompanied by sketches,
drawings, photographs, descriptions, or other information showing
the proposed exterior alterations, additions, changes, or new
construction.
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997,
SEC.12.
IC 36-7-11-12
Approval or denial of application for certificates of
appropriateness
Sec. 12. (a) The commission may advise and make
recommendations to the applicant before acting on an application for
a certificate of appropriateness.
(b) If an application for a certificate of appropriateness:
(1) is approved by the commission; or
(2) is not acted on by the commission;
within thirty (30) days after it is filed, a certificate of appropriateness
shall be issued. If the certificate is issued, the application shall be
processed in the same manner as applications for building or
demolition permits required by the unit, if any, are processed. If no
building or demolition permits are required by the unit, the applicant
may proceed with the work authorized by the certificate.
(c) If the commission denies an application for a certificate of
appropriateness within thirty (30) days after it is filed, the certificate
may not be issued. The commission must state its reasons for the
denial in writing, and must advise the applicant. An application that
has been denied may not be processed as an application for a
building or demolition permit and does not authorize any work by the
applicant.
(d) The commission may grant an extension of the thirty (30) day
limit prescribed by subsections (b) and (c) if the applicant agrees to
it.
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997,
SEC.13.
IC 36-7-11-13
Reconstruction, alteration, maintenance, and removal of historic
buildings and structures; preservation of historic character
Sec. 13. (a) A historic building or structure or any part of or
appurtenance to such a building or structure, including stone walls,
fences, light fixtures, steps, paving, and signs may be moved,
reconstructed, altered, or maintained only in a manner that will
preserve the historical and architectural character of the building,
structure, or appurtenance.
(b) A historic building may be relocated to another site only if it
is shown that preservation on its current site is inconsistent with
subsection (a).
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997,
SEC.14.
IC 36-7-11-14
Demolition of buildings following failure to secure certificates of
appropriateness; notice
Sec. 14. (a) The purpose of this section is to preserve historic
buildings that are important to the education, culture, traditions, and
economic values of the unit, and to afford the unit, historical
organizations, and other interested persons the opportunity to acquire
or to arrange for the preservation of these buildings.
(b) If a property owner shows that a historic building is incapable
of earning an economic return on its value, as appraised by a
qualified real estate appraiser, and the commission fails to approve
the issuance of a certificate of appropriateness, the building may be
demolished. However, before a demolition permit is issued or
demolition proceeds, notice of proposed demolition must be given
for a period fixed by the commission, based on the commission's
classification on the approved map but not less than sixty (60) days
nor more than one (1) year. Notice must be posted on the premises
of the building proposed for demolition in a location clearly visible
from the street. In addition, notice must be published in a newspaper
of general local circulation at least three (3) times before demolition,
with the first publication not more than fifteen (15) days after the
application for a permit to demolish is filed, and the final publication
at least fifteen (15) days before the date of the permit.
(c) The commission may approve a certificate of appropriateness
at any time during the notice period under subsection (b). If the
certificate is approved, a demolition permit shall be issued without
further delay, and demolition may proceed.
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997,
SEC.15.
IC 36-7-11-15
Conformance to statutory requirements for buildings
Sec. 15. Historic buildings shall be maintained to meet the
applicable requirements established under statute for buildings
generally so as to prevent the loss of historic material and the
deterioration of important character defining details and features.
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997,
SEC.16.
IC 36-7-11-16
New buildings and nonhistoric buildings within historic districts;
compatibility required; exception
Sec. 16. Except as provided in section 20 of this chapter, the
construction of a new building or structure, and the moving,
reconstruction, alteration, major maintenance, or repair involving a
color change conspicuously affecting the external appearance of any
nonhistoric building, structure, or appurtenance within the primary
area must be generally of a design, form, proportion, mass,
configuration, building material, texture, color, and location on a lot
compatible with other buildings in the historic district, particularly
with buildings designated as historic, and with squares and places to
which it is visually related.
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.146-1992,
SEC.3.
IC 36-7-11-17
Compatibility factors; exception
Sec. 17. Except as provided in section 20 of this chapter, within
the primary area of the historic district, new buildings and structures,
as well as buildings, structures, and appurtenances that are moved,
reconstructed, materially altered, repaired, or changed in color, must
be visually compatible with buildings, squares, and places to which
they are visually related generally in terms of the following visual
compatibility factors:
(1) Height. The height of proposed buildings must be visually
compatible with adjacent buildings.
(2) Proportion of building's front facade. The relationship of the
width of a building to the height of the front elevation must be
visually compatible to buildings, squares, and places to which
it is visually related.
(3) Proportion of openings within the facility. The relationship
of the width of the windows to the height of windows in a
building must be visually compatible with buildings, squares,
and places to which it is visually related.
(4) Rhythm of solids to voids in front facades. The relationship
of solids to voids in the front facade of a building must be
visually compatible with buildings, squares, and places to which
it is visually related.
(5) Rhythm of spacing of buildings on streets. The relationship
of a building to the open space between it and adjoining
buildings must be visually compatible to the buildings, squares,
and places to which it is visually related.
(6) Rhythm of entrances and porch projections. The relationship
of entrances and porch projections to sidewalks of a building
must be visually compatible to the buildings, squares, and
places to which it is visually related.
(7) Relationship of materials, texture, and color. The
relationship of the materials, texture, and color of the facade of
a building must be visually compatible with the predominant
materials used in the buildings to which it is visually related.
(8) Roof shapes. The roof shape of a building must be visually
compatible with the buildings to which it is visually related.
(9) Walls of continuity. Appurtenances of a building, such as
walls, wrought iron fences, evergreen landscape masses, and
building facades, must form cohesive walls of enclosure along
the street if necessary to ensure visual compatibility of the
building to the buildings, squares, and places to which it is
visually related.
(10) Scale of a building. The size of a building and the building
mass of a building in relation to open spaces, windows, door
openings, porches, and balconies must be visually compatible
with the buildings, squares, and places to which it is visually
related.
(11) Directional expression of front elevation. A building must
be visually compatible with the buildings, squares, and places
to which it is visually related in its directional character,
including vertical character, horizontal character, or
nondirectional character.
As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.146-1992,
SEC.4.
IC 36-7-11-18
Ordinances; penalties for violations
Sec. 18. Ordinances adopted under this chapter may provide for
penalties for violations, subject to IC 36-1-3-8.
As added by Acts 1981, P.L.310, SEC.71.
IC 36-7-11-19
Phases; certificate of appropriateness; objections
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.
As added by P.L.146-1992, SEC.5. Amended by P.L.227-1997,
SEC.17.
IC 36-7-11-20
Changes in paint colors; exclusion from activities requiring
certificate of appropriateness
Sec. 20. In an ordinance approving the establishment of a historic
district, a unit may exclude changes in paint colors from the activities
requiring the issuance of a certificate of appropriateness under
section 10 of this chapter before a permit may be issued or work
begun.
As added by P.L.146-1992, SEC.6.
IC 36-7-11-21
"Interested party" defined; private rights of action; allegations;
bond; liability; attorney's fees and costs; revenue; other remedies
Sec. 21. (a) As used in this section, "interested party" means one
(1) of the following:
(1) The executive of the unit.
(2) The legislative body of the unit.
(3) The agency having land use planning jurisdiction over a
historic district designated by the ordinance adopted under this
chapter.
(4) A neighborhood association, whether incorporated or
unincorporated, a majority of whose members are residents of
a historic district designated by an ordinance adopted under this
chapter.
(5) An owner or occupant owning or occupying property
located in a historic district established by an ordinance adopted
under this chapter.
(6) Historic Landmarks Foundation of Indiana, Inc., or any of
its successors.
(7) The state historic preservation officer designated under
IC 14-21-1-19.
(b) Every interested party has a private right of action to enforce
and prevent violation of a provision of this chapter or an ordinance
adopted by a unit under this chapter, and with respect to any
building, structure, or site within a historic district, has the right to
restrain, enjoin, or enforce by restraining order or injunction,
temporarily or permanently, any person from violating a provision of
this chapter or an ordinance adopted by a unit under this chapter.
(c) The interested party does not have to allege or prove
irreparable harm or injury to any person or property to obtain relief
under this section.
(d) The interested party bringing an action under this section does
not have to post a bond unless the court, after a hearing, determines
that a bond should be required in the interest of justice.
(e) The interested party that brings an action under this section is
not liable to any person for damages resulting from bringing or
prosecuting the action unless the action was brought without good
faith or without a reasonable belief that a provision of this chapter,
or an ordinance adopted by a unit under this chapter, had been, or
was about to be violated or breached.
(f) An interested party who obtains a favorable judgment in an
action under this section may recover reasonable attorney's fees and
court costs from the person against whom judgment was rendered.
(g) An action arising under this section must be brought in the
circuit or superior court of the county in which the historic district
lies and no change of venue from the county shall be allowed in the
action.
(h) The remedy provided in this section is in addition to other
remedies that may be available at law or in equity.
As added by P.L.146-1992, SEC.7. Amended by P.L.1-1995, SEC.81.
IC 36-7-11-22
Removal of classifications in St. Joseph County
Sec. 22. (a) This section applies only to a county having a
population of more than two hundred thousand (200,000) but less
than three hundred thousand (300,000).
(b) Notwithstanding any other provision, in the case of a building
or structure owned by a political subdivision that is classified by a
commission as historic and for which the classification is approved
by the legislative body of the unit that established the commission,
the commission may remove the historic classification of the
building or structure without the adoption of an ordinance by the
legislative body of the unit if the commission determines that
removal of the classification is in the best interest of the unit and the
political subdivision.
As added by P.L.158-2001, SEC.4.