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 historicpreservation commission established through the adoption of anordinance 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; newcommissions; commissions for the preservation of historic streetarea
Sec. 2. (a) If before July 1, 1977, a unit established by ordinancea commission for the purpose of historic preservation, thatcommission may continue to operate, regardless of whether thatordinance is subsequently amended or is consistent with this chapter.If the unit wants to operate a historic preservation commission underthis chapter, it must adopt an ordinance under section 4 of thischapter, and this chapter then provides the exclusive method foroperation of a historic preservation agency in the unit.
(b) If a unit did not establish a commission for the purpose ofhistoric preservation before July 1, 1977, this chapter provides theexclusive method for operation of a historic preservation agency inthe unit.
(c) Subsections (a) and (b) do not limit the power of amunicipality to establish a commission for the preservation of ahistoric 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 historicdistricts
Sec. 3. The historic district regulation provided in this chapter isintended to preserve and protect the historic or architecturally worthybuildings, structures, sites, monuments, streetscapes, squares, andneighborhoods of the historic districts. Zoning districts lying withinthe boundaries of the historic district are subject to the regulationsfor both the zoning district and the historic district. If there is conflictbetween 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 historicpreservation commission with an official name designated in theordinance. The commission must have not less than three (3) normore 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 shalleach serve for a term of three (3) years. However, the terms of theoriginal voting members may be for one (1) year, two (2) years, orthree (3) years in order for the terms to be staggered, as provided bythe ordinance. A vacancy shall be filled for the duration of the term.In the case of a commission with jurisdiction in a city having apopulation of more than one hundred five thousand (105,000) butless than one hundred twenty thousand (120,000), the commissionmust after June 30, 2001, include as a voting member thesuperintendent of the largest school corporation in the city.
(b) The ordinance may provide qualifications for members of thecommission, but members must be residents of the unit who areinterested in the preservation and development of historic areas. Themembers of the commission should include professionals in thedisciplines of architectural history, planning, and other disciplinesrelated to historic preservation, to the extent that those professionalsare available in the community. The ordinance may also provide forthe appointment of advisory members that the legislative bodyconsiders appropriate.
(c) The ordinance may:
(1) designate an officer or employee of the unit to act asadministrator;
(2) permit the commission to appoint an administrator who shallserve without compensation except reasonable expensesincurred in the performance of the administrator's duties; or
(3) provide that the commission act without the services of anadministrator.
(d) Members of the commission shall serve without compensationexcept for reasonable expenses incurred in the performance of theirduties.
(e) The commission shall elect from its membership a chairmanand vice chairman, who shall serve for one (1) year and may bereelected.
(f) The commission shall adopt rules consistent with this chapterfor the transaction of its business. The rules must include the timeand place of regular meetings and a procedure for the calling ofspecial meetings. All meetings of the commission must be open tothe public, and a public record of the commission's resolutions,proceedings, and actions must be kept. If the commission has anadministrator, the administrator shall act as the commission's
secretary, otherwise, the commission shall elect a secretary from itsmembership.
(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 reviewunder 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 ofappropriateness
Sec. 4.3. (a) An ordinance that establishes a historic preservationcommission under section 4 of this chapter may authorize the staffof the commission, on behalf of the commission, to grant or deny anapplication for a certificate of appropriateness.
(b) An ordinance adopted under this section must specify thetypes of applications that the staff of the commission is authorized togrant or deny. The staff may not be authorized to grant or deny anapplication 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 preservationcommission under section 4 of this chapter may:
(1) authorize the commission to:
(A) acquire by purchase, gift, grant, bequest, devise, or leaseany real or personal property, including easements, that isappropriate 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 personalproperty at a public or private sale on the terms andconditions that the commission considers best; and
(2) establish procedures that the commission must follow inacquiring 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 elementsof development, redevelopment, rehabilitation, and preservation thataffect visual quality in the historic district. However, the commissionmay not consider details of design, interior arrangements, or buildingfeatures if those details, arrangements, or features are not subject to
public view, and may not make any requirement except for thepurpose of preventing development, alteration, or demolition in thehistoric district obviously incongruous with the historic district. Acommission established by a county may not take any action thataffects 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 andstructures
Sec. 6. (a) The commission shall conduct a survey to identifyhistoric buildings, structures, and sites located within the unit. Basedon its survey, the commission shall submit to the legislative body amap describing the boundaries of a historic district or historicdistricts. A district may be limited to the boundaries of a propertycontaining a single building, structure, or site. The map may dividea district into primary and secondary areas.
(b) The commission shall also classify and designate on the mapall buildings, structures, and sites within each historic districtdescribed on the map. Buildings, structures, and sites shall beclassified as historic or nonhistoric in the manner set forth insubsections (c) and (e).
(c) Buildings, structures, and sites classified as historic under thissection must possess identified historic or architectural merit of adegree warranting their preservation. They may be further classifiedas:
(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 classificationfor historic buildings, structures, and sites.
(e) Nonhistoric buildings and structures are those not classified onthe 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 andbuilding classifications must be submitted to, and approved in anordinance by, the legislative body of the unit before the historicdistrict 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 drawand 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 undersection 7 or 8 of this chapter, the commission may declare one (1) ormore buildings or structures that are classified and designated ashistoric on the map to be under interim protection.
(b) Not more than two (2) working days after declaring a buildingor structure to be under interim protection under this section, thecommission shall, by personal delivery or first class mail, provide theowner or occupant of the building or structure with a written noticeof the declaration. The written notice must:
(1) cite the authority of the commission to put the building orstructure under interim protection under this section;
(2) explain the effect of putting the building or structure underinterim protection; and
(3) indicate that the interim protection is temporary.
(c) A building or structure put under interim protection undersubsection (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 hundredthousand (200,000) but less than three hundred thousand(300,000), the earlier of:
(A) thirty (30) days after the building or structure is declaredto 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 underthis section:
(1) the building or structure may not be demolished or moved;and
(2) the exterior appearance of the building or structure may notbe 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 forbuilding inspection, building permits, planning, or zoning shallprovide any technical, administrative, or clerical assistance requestedby the commission.
(b) The attorney for the unit is the attorney for the commission.However, the commission may employ other legal counselauthorized to practice law in Indiana if it considers it to be necessaryor 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 ofappropriateness 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 thecommission before a permit is issued for or work is begun on any ofthe 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 ofhistoric buildings by additions, reconstruction, alteration, ormaintenance involving exterior color change; or
(D) any new construction of a principal building oraccessory building or structure subject to view from a publicway.
(2) Within a primary area of the historic district:
(A) a change in walls and fences or the construction of wallsand fences along public ways; or
(B) a conspicuous change in the exterior appearance ofnonhistoric buildings subject to view from a public way byadditions, reconstruction, alteration, or maintenanceinvolving 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 bemade in the office of the commission on forms provided by thatoffice. Detailed drawings, plans, or specifications are not required.However, to the extent reasonably required for the commission tomake a decision, each application must be accompanied by sketches,drawings, photographs, descriptions, or other information showingthe proposed exterior alterations, additions, changes, or newconstruction.
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 ofappropriateness
Sec. 12. (a) The commission may advise and makerecommendations to the applicant before acting on an application fora 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 appropriatenessshall be issued. If the certificate is issued, the application shall beprocessed in the same manner as applications for building ordemolition permits required by the unit, if any, are processed. If nobuilding or demolition permits are required by the unit, the applicantmay proceed with the work authorized by the certificate.
(c) If the commission denies an application for a certificate ofappropriateness within thirty (30) days after it is filed, the certificatemay not be issued. The commission must state its reasons for thedenial in writing, and must advise the applicant. An application thathas been denied may not be processed as an application for abuilding or demolition permit and does not authorize any work by theapplicant.
(d) The commission may grant an extension of the thirty (30) daylimit prescribed by subsections (b) and (c) if the applicant agrees toit.
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 historicbuildings and structures; preservation of historic character
Sec. 13. (a) A historic building or structure or any part of orappurtenance 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 willpreserve the historical and architectural character of the building,structure, or appurtenance.
(b) A historic building may be relocated to another site only if itis shown that preservation on its current site is inconsistent withsubsection (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 ofappropriateness; notice
Sec. 14. (a) The purpose of this section is to preserve historicbuildings that are important to the education, culture, traditions, andeconomic values of the unit, and to afford the unit, historicalorganizations, 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 incapableof earning an economic return on its value, as appraised by aqualified real estate appraiser, and the commission fails to approvethe issuance of a certificate of appropriateness, the building may bedemolished. However, before a demolition permit is issued ordemolition proceeds, notice of proposed demolition must be givenfor a period fixed by the commission, based on the commission'sclassification on the approved map but not less than sixty (60) daysnor more than one (1) year. Notice must be posted on the premisesof the building proposed for demolition in a location clearly visiblefrom the street. In addition, notice must be published in a newspaperof general local circulation at least three (3) times before demolition,with the first publication not more than fifteen (15) days after theapplication for a permit to demolish is filed, and the final publicationat least fifteen (15) days before the date of the permit.
(c) The commission may approve a certificate of appropriatenessat any time during the notice period under subsection (b). If thecertificate is approved, a demolition permit shall be issued withoutfurther 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 theapplicable requirements established under statute for buildingsgenerally so as to prevent the loss of historic material and thedeterioration 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, theconstruction of a new building or structure, and the moving,reconstruction, alteration, major maintenance, or repair involving acolor change conspicuously affecting the external appearance of anynonhistoric building, structure, or appurtenance within the primaryarea must be generally of a design, form, proportion, mass,configuration, building material, texture, color, and location on a lotcompatible with other buildings in the historic district, particularlywith buildings designated as historic, and with squares and places towhich 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, withinthe 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, mustbe visually compatible with buildings, squares, and places to whichthey are visually related generally in terms of the following visualcompatibility factors:
(1) Height. The height of proposed buildings must be visuallycompatible with adjacent buildings.
(2) Proportion of building's front facade. The relationship of thewidth of a building to the height of the front elevation must bevisually compatible to buildings, squares, and places to whichit is visually related.
(3) Proportion of openings within the facility. The relationshipof the width of the windows to the height of windows in abuilding 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 relationshipof solids to voids in the front facade of a building must bevisually compatible with buildings, squares, and places to whichit is visually related.
(5) Rhythm of spacing of buildings on streets. The relationshipof a building to the open space between it and adjoiningbuildings must be visually compatible to the buildings, squares,and places to which it is visually related.
(6) Rhythm of entrances and porch projections. The relationshipof entrances and porch projections to sidewalks of a buildingmust be visually compatible to the buildings, squares, andplaces to which it is visually related.
(7) Relationship of materials, texture, and color. Therelationship of the materials, texture, and color of the facade ofa building must be visually compatible with the predominantmaterials used in the buildings to which it is visually related.
(8) Roof shapes. The roof shape of a building must be visuallycompatible with the buildings to which it is visually related.
(9) Walls of continuity. Appurtenances of a building, such aswalls, wrought iron fences, evergreen landscape masses, andbuilding facades, must form cohesive walls of enclosure alongthe street if necessary to ensure visual compatibility of thebuilding to the buildings, squares, and places to which it isvisually related.
(10) Scale of a building. The size of a building and the buildingmass of a building in relation to open spaces, windows, dooropenings, porches, and balconies must be visually compatiblewith the buildings, squares, and places to which it is visuallyrelated.
(11) Directional expression of front elevation. A building mustbe visually compatible with the buildings, squares, and placesto 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 forpenalties 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 ahistoric district, a unit may provide that the establishment occur intwo (2) phases. Under the first phase, which lasts three (3) yearsfrom the date the ordinance is adopted, a certificate ofappropriateness is required only for the activities described in section10(1)(A), 10(1)(B), and 10(1)(D) of this chapter. At the end of thefirst phase, the district becomes fully established, and, subject tosubsection (b), a certificate of appropriateness must be issued by thecommission before a permit may be issued for or work may begin onan activity described in section 10 of this chapter.
(b) The first phase described in subsection (a) continues and thesecond phase does not become effective if a majority of the propertyowners in the district object to the commission, in writing, to therequirement that certificates of appropriateness be issued for theactivities described in section 10(1)(C), 10(2)(A), and 10(2)(B) ofthis chapter. The objections must be received by the commission notearlier 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 requiringcertificate of appropriateness
Sec. 20. In an ordinance approving the establishment of a historicdistrict, a unit may exclude changes in paint colors from the activitiesrequiring the issuance of a certificate of appropriateness undersection 10 of this chapter before a permit may be issued or workbegun.
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 ahistoric district designated by the ordinance adopted under thischapter.
(4) A neighborhood association, whether incorporated orunincorporated, a majority of whose members are residents ofa historic district designated by an ordinance adopted under thischapter.
(5) An owner or occupant owning or occupying propertylocated in a historic district established by an ordinance adoptedunder this chapter.
(6) Historic Landmarks Foundation of Indiana, Inc., or any ofits successors.
(7) The state historic preservation officer designated underIC 14-21-1-19.
(b) Every interested party has a private right of action to enforceand prevent violation of a provision of this chapter or an ordinanceadopted by a unit under this chapter, and with respect to anybuilding, structure, or site within a historic district, has the right torestrain, enjoin, or enforce by restraining order or injunction,temporarily or permanently, any person from violating a provision ofthis chapter or an ordinance adopted by a unit under this chapter.
(c) The interested party does not have to allege or proveirreparable harm or injury to any person or property to obtain reliefunder this section.
(d) The interested party bringing an action under this section doesnot have to post a bond unless the court, after a hearing, determinesthat a bond should be required in the interest of justice.
(e) The interested party that brings an action under this section isnot liable to any person for damages resulting from bringing orprosecuting the action unless the action was brought without goodfaith or without a reasonable belief that a provision of this chapter,or an ordinance adopted by a unit under this chapter, had been, orwas about to be violated or breached.
(f) An interested party who obtains a favorable judgment in anaction under this section may recover reasonable attorney's fees andcourt costs from the person against whom judgment was rendered.
(g) An action arising under this section must be brought in thecircuit or superior court of the county in which the historic districtlies and no change of venue from the county shall be allowed in theaction.
(h) The remedy provided in this section is in addition to otherremedies 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 apopulation of more than two hundred thousand (200,000) but lessthan 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 acommission as historic and for which the classification is approvedby the legislative body of the unit that established the commission,the commission may remove the historic classification of thebuilding or structure without the adoption of an ordinance by thelegislative body of the unit if the commission determines thatremoval of the classification is in the best interest of the unit and thepolitical subdivision.
As added by P.L.158-2001, SEC.4.