(A) This section provides the exclusive method for removing the designation of a historic district.
(B) 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 City Council requesting removal of the designation of the building, structure or site as a historic district. In the case of a historic district containing two or more parcels, at least 60% of the owners of the real property of the historic district may sign and file a petition with the City Council requesting removal of the designation of the historic district.
(C) The City Council shall submit a petition filed under division (B) above to the Commission. The Commission shall conduct a public hearing on the petition not later than 60 days after receiving the petition. The Commission shall provide notice of the hearing:
(1) By publication under I.C. 5-3-1-2(b);
(2) In the case of a 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 a 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 a historic district that is the subject of the petition.
(D) The 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 a historic district as set forth in the ordinance approving the historic district map under § 33.134 of this subchapter. The determination must state specifically the criteria that 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) Costs to comply with regulations;
(b) Income generation;
(c) Availability of contractors to perform work;
(d) Real estate values;
(e) Assessed values and taxes;
(f) Revenue projections;
(g) Current level of return;
(h) Operating expenses;
(i) Vacancy rates;
(j) Financing issues;
(k) Efforts to explore alternative uses for a property;
(l) Availability of economic incentives; and
(m) Recent efforts to sell or rent property.
(3) Whether removal of the designation of a historic district would have an adverse economic impact on the owners of real estate abutting the historic district, based on testimony and evidence provided by the owners of the real estate and 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 city’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 § 33.133 of this subchapter.
(E) Not later than ten days after the public hearing, the Commission shall submit:
(1) Its findings on the petition; and
(2) A recommendation to grant or deny the petition to the City Council.
(F) (1) Not later than 45 days after receiving the Commission’s findings, the City Council 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;
2. Grant the petition by adopting an ordinance that removes the designation of the historic district by:
a. A majority vote, if the recommendation of the Commission is to grant the petition; or
b. A two-thirds vote, if the recommendation of the Commission is to deny the petition.
(2) The City Council shall record an ordinance adopted under division (F)(1)(b) above with the County Recorder not later than ten days after the City Council adopts the ordinance. The historic district designation is considered removed on the date the ordinance is recorded with the County Recorder.
(G) (1) If the City Council does not grant or deny the petition within 45 days after receiving the Commission’s findings:
(a) The petition is considered granted or denied in accordance with the recommendation of the Commission; and
(b) If the petition is considered granted, the City Council shall, not later than 55 days after receiving the Commission’s findings:
1. Adopt an ordinance that 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. 22-09, passed 7-11-2022)