§ 157.25 DISTRICTS ESTABLISHED.
   (A)   Initiating an historic district recommendation. All recommendations for establishment of an historic district shall be in the form of a written report andmust be based on the criteria outlined in this chapter. A recommendation for establishing an historic district may be initiated from either of the following two sources:
      (1)   Based on its survey, the Commission may draw and submit historic district maps for Town Council approval.
      (2)   Owners of property in fee simple wishing to establish an historic district which includes their property may petition the Commission to consider drawing and submitting a map of such a district to the Town Council for approval. The Commission may establish criteria in its rulesto be met before considering such a petition. The Commission shall determine its recommendation within 90 days of receipt of a petition to establish an historic district.
   (B)   The Commission may recommend, and the Town Council may provide, that the establishment of an historic district shall occur in two phases.
      (1)   Phase One - conservation district. Under the first phase, to be called a conservation district, a certificate of appropriateness is required forthe demolition of any building; the moving of any building; and any new construction of a principal building or accessory building, or structure subject to view from a public way.
      (2)   Phase Two - historic district. After a conservation district has been in effect for three years, the Town Council shall determine whetheror not to pass an ordinance to elevate the district to historic district status.
      (3)   Once established a conservation district shall continue, unless removed by ordinance.
   (C)   Commission preparation of historic district maps. In order to establish an historic district, the Commission shall first prepare a map describing the district in accordance with the following:
      (1)   The map shall be based on a survey conducted or adopted by the Commission which identifies historic buildings, structures, and placeslocated within the town.
      (2)   A district may be limited to the boundaries of a property containing a single building, structure, or site.
      (3)   The map may divide the district into primary and secondary areas as follows:
         (a)   Primary area. The principal area of historic and architectural significance;
         (b)   Secondary area. An area adjacent to a primary area which has a visual relationship to the primary area and could affect the preservation of the primary area. The purpose of designating a secondary area is to assure its compatibility and harmony with an adjacent primary area.
      (4)   The Commission shall classify and designate all buildings and structures within each proposed district as historic or non-historic. Historic buildings or sites may include those buildings or sites that meet the architecturally worthy criteria set out in § 157.27. The Commission shall further classify and designate all buildings and structures within a proposed historic district as follows:
         (a)   Historic buildings and structures shall be further classified as outstanding, notable, or contributing, as established by the Indiana State Division of Historic Preservation and Archaeology and the local survey.
         (b)   All non-historic buildings shall be classified as non-contributing.
      (5)    A written report shall accompany all recommendations for designation before the Town Council, in accordance with the criteria for designation, stating the case for accepting the district.
(Ord. 2005-05, passed 4-25-05)