(A) The purpose of this section is to preserve historic and conservation districts that are important to the education, culture, traditions, and economic values of the city, and to afford the city 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 an historic building is incapable of earning an economic return on its value, as appraised by a qualified real estate appraiser, and the Historic Review Board 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 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 a newspaper of general local circulation at least three times before demolition, with the first publication not more than 15 days after the application for a permit to demolish is filed, and the final publication at least 15 days before the date of the permit.
(C) The Board may approve a certificate of appropriateness at any time during the notice period under division (B) above. If the certificate is approved, a demolition permit shall be issued without further delay, and demolition may proceed.
(D) A decision of the Board is subject to judicial review under IC 4-22-1 as if it was a decision of a state agency.
(Ord. 6-C-81, passed 4-14-81; Am. Ord. 13-C-95, passed 6-13-95) Penalty, see § 153.99