(A) If the Commission denies the issuance of a certificate of appropriateness, the property owner may appeal said denial to the county’s circuit or superior court, in accordance with I.C. 4-21.5-5.
(B) In addition to division (A) above, if the Commission denies the issuance of a certificate of appropriateness for the demolition of a building or structure, a request for reconsideration of a demolition permit may be made to the Commission in writing within six months after the initial denial and the Commission shall grant such certificate, but only after the following is established.
(1) The property owner must demonstrate to the Commission that an historic building or structure is incapable of earning an economic return on its value, as established by a licensed and qualified real estate appraiser.
(2) The property owner shall file with the Commission documented evidence that a good faith effort is being made to sell or otherwise dispose of such property at fair market value to any public or private person or agency which gives a reasonable assurance of its willingness to preserve and restore such property. Such documented evidence shall be provided at the property owner’s expense and shall include:
(a) Offering price;
(b) Date the offer of sale began;
(c) Name and address of listing real estate agent, if any;
(d) A copy of an advertisement which offers the property for sale; and
(e) An appraisal of the property’s fair market value by a licensed real estate appraiser.
(3) Notice of the proposed demolition must be given for a period of no less than 90 days, nor more than one year from the date of proposed demolition, according to the rating of the building as follows:
(a) “O” (Outstanding): one year;
(b) “N” (Notable): nine months;
(c) “C” (Contributing): six months; and
(d) “NC” (Non-Contributing): 90 days.
(4) Notice must be posted on the premises of the building or structure proposed for demolition in a location clearly visible from the street. In addition, notice must be published in the local newspaper one time not more than 60 days, nor less than 30 days, prior to expiration of the notice period established in division (B)(3) above.
(5) The Commission may approve a certificate of appropriateness at any time during the notice period under the above section, but shall be required to take action on the petition for reconsideration prior to the end of the notice period. If the certificate is approved, a demolition permit shall be issued without further delay and demolition may proceed.
(Prior Code, § 158.09)