(A) This section provides the exclusive method for removing the designation of an historic district. The owner or owners of a building, structure or site designated as a single-site historic district may sign and file a petition with the legislative body of the unit requesting removal of the designation of the building, structure or site as an historic district. In the case of an historic district containing two or more parcels, at least 60% of the owners of the real property of the historic district must sign and file a petition with the legislative body of the unit requesting removal of the designation of the historic district.
(B) The legislative body shall submit a petition filed under division (A) above to the Historic Preservation Commission of the unit. The Historic Preservation Commission shall conduct a public hearing on the petition not later than 60 days after receiving the petition. The Historic Preservation Commission shall provide notice of the hearing:
(1) By publication under I.C. 5-3-1-2(b);
(2) In the case of an historic district comprised of real property owned by fewer than 50 property owners, by certified mail sent at least ten days before the hearing to each owner of real estate within the historic district; and
(3) In the case of a single building, structure or site designated as an historic district, by certified mail sent at least ten days before the hearing to each owner of the real estate abutting the building, structure or site designated as an historic district which is the subject of the petition.
(C) The Historic Preservation Commission shall make the following findings after the public hearing:
(1) Whether a building, structure or site within the historic district continues to meet the criteria for inclusion in an historic district as set forth in the provisions approving the historic district map under § 156.20 of this chapter. The determination must state specifically the criteria which are applicable to the buildings, structures or sites within the district;
(2) Whether failure to remove the designation of the historic district would deny an owner of a building, structure or site within the historic district reasonable use of the owner’s property or prevent reasonable economic return. Evidence provided by the petitioner may include information on:
(a) The cost to comply with regulations;
(b) Income generation;
(c) The availability of contractors to perform work;
(d) Real estate values;
(e) Assessed values and taxes;
(f) Revenue projections;
(g) The current level of return;
(h) Operating expenses;
(i) Vacancy rates;
(j) Financing issues;
(k) Efforts to explore alternative uses for a property;
(l) The availability of economic incentives; or
(m) Recent efforts to sell or rent the property.
(3) Whether removal of the designation of an historic district would have an adverse economic impact on the owners of real estate abutting the historic district based on the testimony and evidence provided by the owners of the real estate and by licensed real estate appraisers or brokers; and
(4) Whether removal of or failure to remove the designation of the historic district would have an adverse impact on the unit’s historic resources, and specifically whether it would result in the loss of a building, structure or site classified as historic by the Commission’s survey prepared under § 156.04(B) of this chapter.
(D) Not later than ten days after the public hearing, the Historic Preservation Commission shall submit to the legislative body of the unit:
(1) Its findings on the petition; and
(2) A recommendation to grant or deny the petition.
(E) (1) Not later than 45 days after receiving the Historic Preservation Commission’s findings, the legislative body of the unit shall:
(a) Take public comment and receive evidence in support of or in opposition to the petition; and
(b) Do one of the following:
1. Deny the petition; or
2. Grant the petition by adopting an ordinance which removes the designation of the historic district by:
a. A majority vote, if the recommendation of the Historic Preservation Commission is to grant the petition; or
b. A two-thirds vote, if the recommendation of the Historic Preservation Commission is to deny the petition.
(2) The legislative body shall record an ordinance adopted under division (E)(1)(b)2. above with the County Recorder not later than ten days after the legislative body adopts the ordinance. The historic district designation is considered removed on the date the ordinance is recorded with the County Recorder.
(F) (1) If the legislative body of the unit does not grant or deny the petition within 45 days after receiving the Historic Preservation Commission’s findings:
(a) The petition is considered granted or denied in accordance with the recommendation of the Historic Preservation Commission; and
(b) If the petition is considered granted, then the legislative body shall, not later than 55 days after receiving the Historic Preservation Commission’s findings:
1. Adopt an ordinance which removes the designation of the historic district; and
2. Record the ordinance with the County Recorder.
(2) The historic district designation is considered removed on the date the ordinance is recorded with the County Recorder.
(Ord. 2020-05, passed 10-5-2020)