Sec. 1. (a) The purpose of this chapter is to preserve: (1) from deterioration; (2) from improperly conceived or implemented change; and (3) for the continued health, safety, enjoyment, and general welfare of the citizens of Indiana; a historic, scenic, aesthetically pleasing, and unique part of a street lying within a city or town constituting […]
Sec. 10. As used in this chapter, “primary property” means property within an area designated as a primary area by the legislative body. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(c) part.] As added by P.L.1-1995, SEC.84.
Sec. 11. As used in this chapter, “secondary property” means property within an area designated as a secondary area by the legislative body. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(c) part.] As added by P.L.1-1995, SEC.84.
Sec. 12. As used in this chapter, “single family or double family residential dwellings” means residential structures that: (1) do not share a common wall with any other residential structures; (2) were designed and built for occupancy by not more than two (2) separate families; and (3) contain not more than two (2) separate living […]
Sec. 13. As used in this chapter, “society” refers to the Indiana historical society or the successor to the society. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.] As added by P.L.1-1995, SEC.84.
Sec. 14. As used in this chapter, “subject property” means primary or secondary property or existing or proposed construction on the property: (1) that is the subject of: (A) a filing made with; (B) a hearing or meeting of; or (C) an appeal from; the commission; or (2) with respect of which there is claimed […]
Sec. 15. The legislative body of a municipality may adopt an ordinance or a resolution to designate an area in the municipality that is subject to a comprehensive plan for land use, whether adopted by the municipality or the county in which the municipality is located, as a preservation area. This chapter applies to the […]
Sec. 16. (a) A preservation area consists of: (1) a primary area; and (2) a secondary area; designated by the legislative body. (b) The primary area is a primarily residential area that the legislative body finds after a public hearing to be a clearly definable area that: (1) should be preserved from deterioration or destruction […]
Sec. 17. A preservation area may not be larger than the legislative body considers required to accomplish the purposes of this chapter. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(b) part.] As added by P.L.1-1995, SEC.84.
Sec. 18. (a) Upon designating a preservation area and the primary and secondary areas of the preservation area, the legislative body of the municipality shall create a commission to be known as the “______________ Preservation Commission”. The legislative body shall give: (1) the name of the city or town in which the area to be […]
Sec. 19. A preservation commission created under this chapter is composed of nine (9) members as follows: (1) The executive of the city or town: (A) shall serve as a member of the commission; or (B) may appoint an individual residing in the city or town to serve in place of the executive. (2) The […]
Sec. 2. As used in this chapter, “commission” refers to a preservation commission created under this chapter. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(d) part.] As added by P.L.1-1995, SEC.84.
Sec. 20. An appointed member of the commission holds office for the term that the legislative body of the municipality sets forth in the ordinance or resolution creating the commission. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(e) part.] As added by P.L.1-1995, SEC.84.
Sec. 21. The commission shall prepare, adopt, and promulgate the rules and regulations that are necessary, desirable, or convenient to the orderly administration of commission affairs and to the implementation of this chapter in accordance with the intent and purpose. The rules and regulations shall be made available in writing to any person requesting a […]
Sec. 22. Notices, petitions, requests, or other written materials to be filed with the commission shall be filed with the clerk or clerk-treasurer and directed to the attention of the commission. The clerk or clerk-treasurer shall: (1) maintain; and (2) make available for public inspection; all records of the commission at the offices of the […]
Sec. 23. (a) Whenever notice is required to be given under this chapter with respect to a matter coming or pending before a commission created under this chapter, the notice shall be sent to the persons designated as interested parties under this chapter. (b) A public officer or office entitled to receive notice may designate […]
Sec. 24. The attorney general or a deputy attorney general selected by the attorney general is the attorney for the commission. The commission may employ other legal counsel that the commission considers necessary, convenient, or desirable. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-6.] As added by P.L.1-1995, SEC.84.
Sec. 25. (a) The rules and regulations of the commission must specify a particular time on a particular day of the week in a particular week of the month for holding regular meetings to consider any matters properly coming before the commission. Except as provided in subsection (b), the commission shall regularly meet at the […]
Sec. 26. (a) The chair of the commission: (1) may, in the chair’s discretion; or (2) shall, at the written request of at least two (2) members of the commission; call a special meeting of the commission to consider or determine a matter for which a petition has been filed. (b) The meeting shall be […]
Sec. 27. For good cause shown, the chair of the commission may, at or before a regular or special meeting, continue any matter docketed for consideration or determination at the meeting until: (1) the next regular meeting of the commission; or (2) a special meeting set for a date not more than thirty (30) days […]