§ 156.12 PRESERVATION RIGHTS, DEMOLITION, AND APPEAL.
   (A)   The purpose of this section is to preserve historic districts that are important to the education, culture, traditions, and economic values of the city and to afford the city’s 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 Historic Board of Review 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 Historic Board, based on the Board’s classification on the approved map, but not less than 60 days nor more than one 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 accordance with I.C. 36-7-11-14.
   (C)   The Historic Board may approve a certificate of appropriateness, at any time, during the notice period under division (B) above. If the certificate is approved, a permit for demolition shall be issued without further delay and demolition may proceed.
   (D)   A decision of the Historic Board is subject to judicial review under I.C. 4-21.5-5-1, as if it were a decision of a state agency.
(Ord. 1984-19, passed 10-25-1984)