Sec. 16. (a) A preservation area consists of:

(1) a primary area; and

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(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 in furtherance of the purpose of this chapter because the area:

(A) is; or

(B) contains structures that are;

historically, architecturally, or ecologically significant; and

(2) if not subject to this chapter, is in danger of deterioration or destruction.

     (c) The secondary area is an area surrounding the primary area that the legislative body finds after a public hearing to be an area the control of the development or change of which is necessary or desirable to the preservation of the primary area. The legislative body may decide to not designate a secondary area if the legislative body determines that a secondary area is not needed or required to preserve the primary area from deterioration or destruction.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(b) part.]

As added by P.L.1-1995, SEC.84.