CHAPTER 11.1. HISTORIC PRESERVATION IN MARION COUNTY
IC 36-7-11.1
Chapter 11.1. Historic Preservation in Marion County
IC 36-7-11.1-1
Application of chapter
Sec. 1. This chapter applies to each county having a consolidatedcity.
As added by Acts 1982, P.L.77, SEC.6.
IC 36-7-11.1-2
Definitions
Sec. 2. As used in this chapter:
"Commission" refers to the historic preservation commissionappointed under section 3 of this chapter.
"Historic area" means an area, within the county, declared byresolution of the historic preservation commission to be of historicor architectural significance and designated as a "historic area" bythe historic preservation plan. This area may be of any territorial sizeor configuration, as delineated by the plan, without a maximum orminimum size limitation, and may consist of a single historicproperty, landmark, structure, or site, or any combination of them,including any adjacent properties necessarily a part of the historicarea because of their effect on and relationship to the historic valuesand character of it.
"Historic preservation plan" means a plan designating one (1) ormore historic areas, prepared and setting forth a plan for historicpreservation by the historic preservation commission under thischapter, and adopted by the metropolitan development commissionas a part of the county's comprehensive plan.
As added by Acts 1982, P.L.77, SEC.6.
IC 36-7-11.1-3
Historic preservation commission; appointments; terms;vacancies; salary; officers; procedural rules; quorum; absenteemembers voting
Sec. 3. (a) The executive and the legislative body of theconsolidated city shall appoint a commission of nine (9) members tobe known as the "__________ Historic Preservation Commission"(including the name of the city).
(b) The following apply to the appointment of members:
(1) The executive shall appoint five (5) members of thecommission. The executive:
(A) may select two (2) members from lists of namessubmitted by the Historic Landmarks Foundation of Indianaand the historical society of the consolidated city's county;
(B) may select one (1) member who is a member of themetropolitan development commission; and
(C) may select one (1) member from a list of namessubmitted by the local chapter of the American Institute ofArchitects. (2) The legislative body shall appoint four (4) members of thecommission. The legislative body:
(A) shall select one (1) member who is a resident of ahistoric area of the consolidated city;
(B) may select one (1) member from lists of namessubmitted by the Historic Landmarks Foundation of Indianaand the historical society of the consolidated city's county;and
(C) may select one (1) member from a list of namessubmitted by the local chapter of the American Institute ofArchitects.
(c) Each appointment to the commission is for a term of four (4)years, commencing on January 1 following the appointment, anduntil a successor is appointed and is qualified. A member is eligiblefor reappointment.
(d) If a vacancy occurs in the commission during any term, asuccessor shall be appointed by the appointing authority to serve forthe remainder of the vacated term. Any member of the commissionmay be removed for cause by the appointing authority. All membersmust be residents of the county.
(e) The members receive no salary, but are entitled toreimbursement for any expenses necessarily incurred in theperformance of their duties.
(f) At its first scheduled meeting each year, the commission shallhold a meeting for the purpose of organization. The commission shallelect from its membership a president, vice president, secretary, andtreasurer who shall perform the duties pertaining to those offices.The officers serve from the date of their election until theirsuccessors are elected and qualified. The commission may adoptbylaws and rules for the proper conduct of its proceedings, thecarrying out of its duties, and the safeguarding of its funds andproperty. A majority of the members of the commission constitute aquorum, and the concurrence of a majority of the commission isnecessary to authorize any action.
(g) A member of the commission is not disqualified from hearingand voting upon any matter coming before the commission becausethat member owns or occupies property within or adjacent to ahistoric area, unless that property is the subject property or locatedwithin two hundred (200) feet of it.
(h) A member of the commission who is absent from three (3)consecutive regular meetings of the commission shall be treated asif the member had resigned, unless the appointing authority reaffirmsthe member's appointment. However, the counting of such a membertoward a quorum requirement or the voting by such a member doesnot invalidate any official action taken by the commission before thetime that the minutes of the commission reflect that the member hasresigned.
As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.88-2009,SEC.11.
IC 36-7-11.1-3.1
Terms of certain members of commission; appointment ofsuccessor; expiration of section
Sec. 3.1. (a) A member appointed to the commission under section3 of this chapter before July 1, 2009, shall continue to serve as amember of the commission after June 30, 2009, until:
(1) the end of the term for which the member was appointed; or
(2) the executive removes the member for cause.
If the executive removes the member for cause, the executive shallappoint a successor to serve for the remainder of the vacated term.
(b) This section expires July 1, 2014.
As added by P.L.88-2009, SEC.12.
IC 36-7-11.1-4
Administrator; staff; work program; information; offices andfacilities; annual budget
Sec. 4. (a) After consulting with the executive of the consolidatedcity and the director of the department of metropolitan development,the commission may appoint or remove an administrator. Theadministrator shall, in accordance with the personnel policies andpractices of the city, hire and discharge additional staff, followingthe standards and qualifications established by the commission. Noconsideration may be given to political affiliation in the selection andtenure of the staff. The commission shall determine thecompensation of the administrator and other staff consistent withordinances of the legislative body adopted under IC 36-3-6-3.
(b) Before December 1 each year, the commission shall adopt awork program defining the activities that are proposed to be carriedout by staff during the next calendar year. At least forty-five (45)days before the commission desires to adopt a work program, it shallsubmit a copy of the proposed work program to the executive of theconsolidated city and to the director of the department ofmetropolitan development. The executive and director shall, withinthirty (30) days after submission, review and provide comments tothe commission regarding the proposed work program. Aftercomments have been received from the executive and the directorand considered by the commission or after thirty (30) days haveelapsed from the date of submission (whichever occurs first), thecommission shall adopt a work program. Activities carried out duringthe calendar year must conform to or not substantially depart fromthe work program. The work program may be modified during theapplicable calendar year in the same manner as the adoption of theoriginal work program, except that the executive and the directorhave only ten (10) days in which to review and comment on theproposed work program modification, and the commission may thenimmediately adopt a work program modification.
(c) The administrator shall provide information that will allow thedirector of the department of metropolitan development to coordinatethe activities of the department of metropolitan development with theactivities of the commission and its staff. In order to achieve
consistency in administrative practices and policies between theconsolidated city and the staff of the commission, the administratorshall seek the advice and guidance of the director regarding suchmatters as budgeting and fiscal control, personnel administration, andpurchasing.
(d) The commission shall establish and maintain offices andfacilities as may be necessary for the performance of its duties, theactivities of its staff, and the preservation of its records, documents,and accounts. The location of the offices must be approved by theexecutive of the consolidated city.
(e) The commission shall prepare and submit annually to thefiscal officer of the consolidated city its estimate of the expendituresrequired for its operations and fiscal responsibilities for the ensuingfiscal year. The budget of the commission and its staff constitutes apart of the consolidated city budget and shall be determined inaccordance with IC 36-3-6, and the county comprises the taxingdistrict for the commission.
As added by Acts 1982, P.L.77, SEC.6.
IC 36-7-11.1-5
Powers and duties of commission
Sec. 5. (a) The commission may do the following:
(1) Acquire by purchase, gift, grant, bequest, devise, or leaseany real or personal property needed for carrying out any of thepurposes of this commission. Title to or interest in any realproperty acquired or held by the commission must be in thename of the consolidated city for the use and benefit of thecommission.
(2) Hold, use, sell, lease, rent, or otherwise dispose of anyproperty acquired for use in the carrying out of any of thepurposes of the commission at public or private sale and onterms and conditions as the commission considers best,notwithstanding any other law.
(3) Preserve and restore areas and structures of historic orarchitectural significance.
(4) Conduct research and prepare a countywide comprehensivesurvey and inventory, and review and evaluate areas, structures,and sites of historic importance in the county for use byplanning agencies and governmental officials.
(5) Identify by declaratory resolution areas, structures, and sitesin the county having historic or architectural significance, andprepare historic preservation plans for them. The commissionmay prepare proposed historic district zoning classifications,including proposals for controlling the use and development ofany historic area or areas, including standards and restrictionsregarding permitted uses, and development, performance, andmaintenance standards for public and private structures andsites, and prepare criteria and architectural standards ofhistorical significance.
(6) Submit proposed historic preservation plans to the
metropolitan development commission for consideration foradoption as a segment of the comprehensive plan of the county.
(7) After adoption of a historic preservation plan, assist in theplan's administration and implementation, including theissuance of permits and licenses, together with othergovernmental agencies, and hear and determine applications forcertificates of appropriateness as provided in this chapter.
(8) Manage and operate historic structures and areas for anypurpose consistent with the applicable historic preservationplan, authorize necessary agents and employees to convey orlease any properties for any purpose or use to further the plan,and do all necessary acts and things incidental to operations,management, and leasing, including charging reasonableadmission fees to any of these properties.
(9) Assist other governmental agencies regarding historicpreservation, including the development of a state preservationplan as the plan relates to the county, and work with othergovernmental agencies in the development and carrying out ofplans to preserve, restore, and rehabilitate any historic area,including the elimination of blight and deterioration, thedemolition and removal of unsafe, unhealthful structures, andthe repair and appropriate alteration of structures.
(10) Acquire any properties, structures, or sites for any purposeof the commission by conveyance from the redevelopmentcommission or from any other person or governmental agency,upon such terms and conditions, and with or withoutcompensation, as may be agreed upon.
(11) Establish and maintain a register of historic properties inthe county.
(12) Make any recommendation and reports the commissionconsiders appropriate to the executive of the consolidated city,metropolitan development commission, or other governmentalagency concerning historic preservation in the county.
(13) Prepare, publish, present, or distribute, with or withoutcharge, any information, reports, graphic or audiovisualpresentations, documents, or other materials relative to historicpreservation.
(14) Conduct, attend, or participate in any conferences,presentations, seminars, or programs regarding historicpreservation.
(15) Encourage and promote historic preservation, particularlypreservation by private means, provide technical assistance tolocal preservation or historical associations, individuals, orgroups, in accordance with the historic preservation plan, andrecognize excellence in historic preservation efforts byawarding citations.
(16) Establish citizens advisory councils or special committeesregarding historic preservation.
(17) Prescribe the duties and qualifications of its administratorand other staff in accordance with section 4 of this chapter. (18) Contract with architects, engineers, attorneys, urbanplanners, or any other consultants in connection with anypurpose of the commission, such as the conducting of a surveyof historic properties, preparation of proposed plans,ordinances, reports, surveys, drawings, maps of historic areas,or any other project provided in this chapter.
(19) Appoint a hearing officer (who may be a commissionmember, a member of the staff, or any other person) to hear anddetermine, on behalf of the commission, applications forcertificates of appropriateness.
(20) Prepare and submit an annual budget in the mannerprescribed by section 4 of this chapter.
(21) Participate, in conjunction with the consolidated city, in aretirement system for commission employees.
(22) Accept or contract with the consolidated city or with otherpersons for the furnishing of professional staff or any otherservices, office facilities, equipment, and supplies to the extentand for compensation as may be agreed upon, with or withoutcompensation, and to receive and expend any funds, grants, orgifts for carrying out any function of the commission under thischapter.
(23) Enter into and carry out contracts with federal or stateagencies, subject to the approval of the city executive, regardinggrants of financial or other assistance to the county, city, orcommission, accept and expend grant money or otherassistance, and enter into and carry out contracts with otherpersons or governmental agencies for any purpose of thecommission.
(24) Exercise the powers of a board of zoning appeals in ahistoric area or historic zoning district, if authorized by a zoningordinance adopted under IC 36-7-4.
(25) Conduct public hearings required to be held by themetropolitan development commission under the 600 series ofIC 36-7-4 relative to territory included in a historic area orhistoric zoning district, if designated by the metropolitandevelopment commission.
(b) The commission shall provide technical services and adviceabout historic preservation to the consolidated city when necessaryor useful in connection with the planning, development, orredevelopment of the county.
(c) This subsection applies to the sale or disposal of real propertyby the commission. If the property is sold by acceptance of bids, abid submitted by a trust (as defined in IC 30-4-1-1(a)) must identifyeach:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust.
As added by Acts 1982, P.L.77, SEC.6. Amended byP.L.336-1989(ss), SEC.49; P.L.321-1995, SEC.6.
IC 36-7-11.1-6 Proposed historic preservation plans; recommendations; approvalproceedings; official markers
Sec. 6. (a) The commission shall have its staff prepare proposedhistoric preservation plans for all appropriate areas of the county.Upon the commission's declaratory resolution of the historic orarchitectural significance of any area, structure, or site designated init, the proposed historic preservation plan shall be presented to themetropolitan development commission for public hearing andadoption as a part of the comprehensive plan of the county.
(b) The proposed historic preservation plan must officiallydesignate and delineate historic areas and identify any individualstructures or sites in it of particular historic or architecturalsignificance, which structures and sites must be listed on the countyregister of historic places.
(c) With the designation of a historic structure, the plan mayadditionally expressly identify and designate the interior, or anyinterior architectural or structural feature of it, having exceptionalhistoric or architectural significance.
(d) The historic preservation plan may include any of the materiallisted in IC 36-7-4-503 as it relates to historic preservation. Any plandesignating one (1) or more historic areas, and any historic structuresand sites located in it, must include a historic and architectural ordesign analysis supporting the significance of the historic area,general or specific criteria for preservation, restoration,rehabilitation, or development, including architectural and designstandards, and a statement of preservation objectives.
(e) In preparing a proposed historic preservation plan, the staff ofthe commission shall inform, consult, and cooperate with the staff ofthe department of metropolitan development. In carrying out itsplanning and redevelopment responsibilities in an area for which ahistoric preservation plan is being prepared or is in effect, the staffof the department of metropolitan development shall inform, consult,and cooperate with the staff of the commission. To the extentpossible, commission staff and department staff shall carry out ajoint planning effort relative to proposed historic areas with theresulting information and conclusions relating to historicpreservation being placed in the proposed historic preservation plan.
(f) Concurrently or subsequently, the commission may prepareand recommend to the metropolitan development commission, for itsinitiation, approval, and recommendation to the legislative body foradoption, a historic district zoning ordinance or ordinances toimplement the historic preservation plan.
(g) Each historic area or historic zoning district must be of suchterritorial extent and configuration as will best serve the purposes ofthis chapter, there being no maximum or minimum size limitationsthereon whether applied to single or multiple historic properties orsites, and may include any adjacent area necessarily a part thereofbecause of its effect upon and relationship to the historic values andcharacter of the area.
(h) The proposed historic preservation plan, if approved and
adopted by the metropolitan development commission, constitutespart of the comprehensive plan of the county.
(i) The proceeding for approval of this plan, including notice andhearing requirements, is governed by the same rules andrequirements applicable to petitions to the metropolitan developmentcommission for amendment of zoning ordinances and for creation ofnew district classifications, and by all statutory requirements relativeto the metropolitan development commission; however, individualnotice of the hearing shall be given each owner of property in anyproposed historic area, according to the metropolitan developmentcommission's rules and requirements or, alternatively, the owner'sconsent to the proposed historical area designation may be obtainedand filed with the metropolitan development commission.
(j) Amendments to any historic preservation plan, or any segmentof it, shall be made in the same manner as the original plan.
(k) The commission shall receive and consider any pertinentinformation or exhibits such as historical data, architectural plans,drawings and photographs, regarding any proposed or designatedhistoric area, structure, or site, and any request for historicdesignation or for the exclusion of any property or structure from anyproposed or designated historic area.
(l) The commission may adopt any operating guidelines for theevaluation and designation of historic areas, structures, and sites, solong as they are in conformity with the objectives of this chapter.
(m) Upon the adoption of the historic preservation plan, thecommission may at any time identify by appropriate markers anyhistoric areas, structures, and sites designated by the plan, or anyhistoric area properties in the process of restoration under the plan.These markers may be erected on public right-of-ways or, with theconsent of the owner, on any subject historic property. These officialinformational or identification markers, whether permanent ortemporary, constitute an exception to any codes and ordinancesestablishing sign regulations, standards, and permit requirementsapplicable to the area.
As added by Acts 1982, P.L.77, SEC.6.
IC 36-7-11.1-7
Categories of work exempted by historic preservation plan;premature issuance of permits for work
Sec. 7. (a) The historic preservation plan may provide that certaincategories of work accomplished in the historic area are exempt fromthe requirement imposed by section 9 of this chapter that a certificateof appropriateness be issued. Categories of work that may beexempted by a historic preservation plan include the construction,reconstruction, alteration, or demolition of a structure or feature.Various historic preservation plans may exempt different categoriesof work.
(b) After the commission has adopted a declaratory resolutionrelative to a historic area and presented the historic preservation planto the metropolitan development commission for adoption or
rejection as a segment of the comprehensive plan of the county, nopermits may be issued by the department of metropolitandevelopment for the construction, reconstruction, or alteration of anyexterior architectural structure or feature in the area or the demolitionof any structure or feature in the area until the metropolitandevelopment commission has taken official action on the proposedplan or within ninety (90) days after the date of adoption of thedeclaratory resolution by the commission, whichever occurs first. Ifsuch a permit has been issued before the adoption of a declaratoryresolution by the commission, the agency issuing the permit mayorder that the work allowed by the permit, or a part of the work, besuspended until the metropolitan development commission hasadopted or rejected the historic preservation plan.
As added by Acts 1982, P.L.77, SEC.6.
IC 36-7-11.1-8
Permits for work; application; certificate of appropriateness
Sec. 8. (a) After adoption of the historic preservation plan for anyhistoric area, permits may be issued by the department ofmetropolitan development for the construction of any structure in thearea or the reconstruction, alteration, or demolition of any structurein the area only if the application for the permit is accompanied bya certificate of appropriateness issued under section 10 of thischapter.
(b) Notwithstanding subsection (a), if the historic preservationplan for the historic area specifically exempts certain categories ofwork involving the construction, reconstruction, alteration, ordemolition of structures in that area from the requirement that acertificate of appropriateness be issued, then a permit for the workmay be obtained from the department of metropolitan developmentwithout the issuance of a certificate of appropriateness.
(c) After the adoption of the historic preservation plan for anyarea, all governmental agencies shall be guided by and give dueconsideration to the plan in any official acts affecting the area.
(d) On application by any governmental agency or interested partyin accordance with section 9 of this chapter, the commission shallmake a determination of the appropriateness of any proposedgovernmental action affecting a historic area. Any official action inconflict with the plan or determined by the commission to beinappropriate is presumed to be not in the public interest and issubject to the enforcement provisions of section 12 of this chapter.
(e) The commission's determination of appropriateness is aprerequisite to any governmental order or action to alter or demolishany designated historic site or any structure in a historic area. Norezoning or variance applicable to a historic area, or any part of it,may be approved by the metropolitan development commission orgranted by a board of zoning appeals, except on the commission'sprior issuance of a certificate of appropriateness.
As added by Acts 1982, P.L.77, SEC.6.
IC 36-7-11.1-9
Necessity of certificate of appropriateness; filing application;issuance procedure
Sec. 9. (a) A person may not construct any exterior architecturalstructure or feature in any historic area, or reconstruct, alter, ordemolish any such exterior or designated interior structure or featurein the area, until the person has filed with the secretary of thecommission an application for a certificate of appropriateness in suchform and with such plans, specifications, and other material as thecommission may from time to time prescribe and a certificate ofappropriateness has been issued as provided in this section.However, this chapter does not:
(1) prevent the ordinary maintenance or repair of any suchexterior or designated interior architectural structure or featurethat does not involve a change in design, color or outwardappearance of it;
(2) prevent any structural change certified by the department ofmetropolitan development as immediately required for thepublic safety because of a hazardous condition; or
(3) require a certificate of appropriateness for work that isexempted by a historic preservation plan under section 7 of thischapter.
(b) The commission shall hold a public hearing on any applicationfor certificate of appropriateness. At least ten (10) days before thedate set for the hearing, notice shall be published in accordance withIC 5-3-1, and notice shall be given additionally to the affected partiesin accordance with the commission's rules of procedure.
(c) Upon hearing the application for a certificate ofappropriateness, the commission shall determine whether theproposal will be appropriate to the preservation of the area and to thefurtherance and development of historic preservation.
(d) In determining appropriateness of any proposed construction,reconstruction, or alteration, the commission shall consider, inaddition to any other pertinent factors, the visual compatibility,general design, arrangement, color, texture, and materials in relationto the architectural or other design standards prescribed by the planor any applicable zoning regulation, the design and character of thehistoric area, and the architectural factors of other structures in it. Indetermining appropriateness of any proposed demolition, thecommission shall consider, in addition to any other pertinent factors,the character and significance of the subject structure in relation tothe historic area and any other structures or sites in it, including itsrelative contribution to the historic and architectural values andsignificance of the area.
(e) However, if the commission finds under subsection (d) anyapplication to be inappropriate, but that its denial would result insubstantial hardship or deprive the owner of all reasonable use andbenefit of the subject property, or that its effect upon the historic areawould be insubstantial, the commission shall issue a certificate ofauthorization, which constitutes a certificate of appropriateness for
purposes of this chapter.
(f) Issuance of a certificate of appropriateness is subject to reviewby the metropolitan development commission as to itsappropriateness in relation to the comprehensive plan. This reviewmust be in accordance with the same procedures and limitationsapplicable to appeals of decisions of boards of zoning appeals, asprovided in IC 36-7-4, and must be initiated only upon notice ofappeal by the division of planning and zoning certifying that thisdetermination interferes with the comprehensive plan. Allproceedings and work on the subject premises under the certificateof appropriateness are automatically stayed upon notice of theappeal.
As added by Acts 1982, P.L.77, SEC.6.
IC 36-7-11.1-10
Certificate of appropriateness; determination of commission
Sec. 10. (a) If the commission determines that the proposedconstruction, reconstruction, alteration, or demolition will beappropriate, the secretary of the commission shall forthwith issue tothe applicant a certificate of appropriateness.
(b) The commission may impose any reasonable conditions,consistent with the historic preservation plan, upon the issuance ofa certificate of appropriateness, including the requirement ofexecuting and recording covenants or filing a maintenance orperformance bond. If the commission determines that a certificate ofappropriateness should not be issued, the commission shall forthwithplace upon its records the reasons for the determination and mayinclude recommendations respecting the proposed construction,reconstruction, alteration, or demolition. The secretary of thecommission shall forthwith notify the applicant of the determinationtransmitting to him an attested copy of the reasons andrecommendations, if any, of the commission.
(c) Every determination of the commission upon an applicationfor certificate of appropriateness is subject to review by certiorariupon petition to the circuit or superior court of the county by anyaggrieved person, in the same manner and subject to the samelimitations as a decision of a board of zoning appeals underIC 36-7-4. However, upon notice of the filing of the petition for writof certiorari, all proceedings and work on the subject premises areautomatically stayed.
(d) An appeal may be taken to the court of appeals of Indianafrom the final judgment of the court reversing, affirming, ormodifying the determination of the commission in the same mannerand upon the same terms, conditions, and limitations as appeals inother civil actions.
As added by Acts 1982, P.L.77, SEC.6.
IC 36-7-11.1-11
Hearing officer; powers and duties
Sec. 11. (a) A hearing officer designated by the commission may
conduct the public hearing provided for in this chapter onapplications for a certificate of appropriateness. The commissionmay limit by rule or resolution the applications that a hearing officermay hear and determine.
(b) The hearing officer shall hold a public hearing under the samenotice and procedural requirements as are applicable to a hearingbefore the commission. After the hearing on an application for acertificate of appropriateness, the hearing officer shall make adetermination.
(c) The hearing officer may not issue a certificate ofauthorization.
(d) The hearing officer shall set forth the reasons for thedetermination and may impose conditions in accordance with section10 of this chapter.
(e) The commission shall provide reasonable opportunity by rulesfor the applicant, any commission member, the administrator, or anyinterested person to file exceptions to the determination of thehearing officer. If an exception is properly filed, the commissionshall hold a de novo hearing and make a determination. If such anexception is not filed, the determination of the hearing officerconstitutes the final decision of the commission.
As added by Acts 1982, P.L.77, SEC.6.
IC 36-7-11.1-12
Enforcement of chapter, ordinance, and covenants; notice tocorrect failures or violations
Sec. 12. (a) Whenever the commission finds that the owner ofproperty in any historic area has neglected to keep the property andpremises in a clean, sanitary, and tidy condition or has failed tomaintain any structure in a good state of repair and in a safecondition, the commission may give the owner written notice tocorrect the failures or violations within thirty (30) days after receiptof notice, and if the owner fails to comply, then the commission maybring appropriate enforcement actions as provided by subsection (b).
(b) The commission, or any enforcement official of theconsolidated city designated by the commission, may enforce thischapter, any ordinance adopted under it, and any covenants orconditions required or imposed by the commission by civil action inthe circuit or superior court. Any legal, equitable, or special remedymay be invoked, including mandatory or prohibitory injunction or acivil fine. These enforcement actions (except those seeking a civilfine) may also be brought by any interested person or affected owner.
(c) Ordinances adopted under this chapter may provide forpenalties for violations, subject to IC 36-1-3-8.
(d) No costs may be taxed against the commission or any of itsmembers in any action.
(e) In actions brought under subsection (b), there may not bechanges of venue from the county.
As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.16-1995,SEC.14.
IC 36-7-11.1-13
Nonconforming uses
Sec. 13. (a) Except as provided in section 13.1 of this chapter, anybuilding, structure, or land use in existence at the time of theadoption of the historic preservation plan that is not in conformity toor within the zoning classification or restrictions or requirements orarchitectural standards of this plan, shall be considered to be anonconforming use and may continue, but only so long as the owneror owners continuously maintain this use.
(b) Except as provided in section 13.1 of this chapter, in additionto the requirements pertaining to certificates of appropriateness, theownership of a nonconforming use is subject to the additionalrestriction that a nonconforming use may not be reconstructed orstructurally altered to an extent exceeding in aggregate cost fiftypercent (50%) of the market value thereof unless the structure ischanged to a conforming use.
As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.113-1998,SEC.2.
IC 36-7-11.1-13.1
Agricultural nonconforming use
Sec. 13.1. (a) The definitions used in this section apply only tothis section.
(b) As used in this section, "agricultural use" refers to land that isused for:
(1) the production of livestock or livestock products,commercial aquaculture, equine or equine products, poultry orpoultry products, horticultural or nursery stock, fruit,vegetables, forage, grains, timber, trees, bees and apiaryproducts, tobacco, or other agricultural crops, in the case ofland that was not subject to a comprehensive plan or zoningordinance before the most recent plan or zoning ordinance,including any amendments, was adopted; or
(2) agricultural purposes as defined in or consistent with acomprehensive plan or zoning ordinance that:
(A) the land was subject to; and
(B) was repealed before the adoption of the most recentcomprehensive plan or zoning ordinance, including anyamendments.
(c) As used in this section, "agricultural nonconforming use"means the agricultural use of the land is not permitted under the mostrecent comprehensive plan or zoning ordinance, including anyamendments, for the area where the land is located.
(d) An agricultural use of land that constitutes an agriculturalnonconforming use may be changed to another agricultural use ofland without losing agricultural nonconforming use status.
(e) A county or municipality may not, through the county ormunicipality's zoning authority, do any of the following:
(1) Terminate an agricultural nonconforming use if theagricultural nonconforming use is maintained for at least any
three (3) year period in a five (5) year period.
(2) Restrict an agricultural nonconforming use.
(3) Require any of the following for the agriculturalnonconforming use of the land:
(A) A variance for the land.
(B) A special exception for the land.
(C) A special use for the land.
(D) A contingent use for the land.
(E) A conditional use for the land.
(F) A permit for work under section 8 of this chapter.
(G) A certificate of appropriateness.
(f) Notwithstanding subsection (e), this section does not prohibita county, a municipality, or the state from requiring an agriculturalnonconforming use to be maintained and operated in compliancewith all:
(1) state environmental and state health laws and rules; and
(2) requirements to which conforming agricultural use land issubject under the county's comprehensive plan or zoningordinance.
As added by P.L.113-1998, SEC.3. Amended by P.L.106-1999,SEC.3.
IC 36-7-11.1-14
Effect of chapter on existing laws
Sec. 14. This chapter does not supersede IC 36-7-11.2 orIC 36-7-11.3 and is intended to supplement the following:
(1) IC 36-7-4.
(2) IC 36-7-11.2.
(3) IC 36-7-11.3.
As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.1-1995,SEC.82.