Sec. 42. (a) The commission may, by the vote of at least six (6) of the members, or for a certificate of appropriateness by a majority of the members, as a condition of approval of a zoning variance or of issuance of a certificate of appropriateness, require:

(1) the petitioner;

Terms Used In Indiana Code 36-7-11.2-42

  • commission: refers to the Meridian Street preservation commission established by this chapter. See Indiana Code 36-7-11.2-3
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • owner: means a person who owns a legal or an equitable interest in Meridian Street or bordering property. See Indiana Code 36-7-11.2-13
  • person: means an individual, a corporation, a partnership, an association, a trust, a governmental body or agency, or other entity, public or private, capable of entering into an enforceable contract. See Indiana Code 36-7-11.2-14
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • subject property: means Meridian Street or bordering property or existing or proposed construction on the property:

    Indiana Code 36-7-11.2-17

(2) a person described by section 56(a)(2)(D) of this chapter; and

(3) the owner of the land for which the zoning variance or certificate of appropriateness is sought;

to prepare and execute in a form acceptable by the commission and to file with the commission a written agreement notarized by each signatory party.

     (b) By the agreement signed under subsection (a) each party agrees for the party and for the party’s heirs, successors, and assigns, and for a party with a legal or equitable interest in the subject property, covenants for the party and for a successor to the legal or equitable interest in the property, to be bound by the following:

(1) The restrictions or limitations that the commission has, in furtherance of the intent and purpose of this chapter, specified concerning the future use or development of or construction upon the subject property.

(2) The restrictions or limitations that the commission has, in furtherance of the intent and purpose of this chapter, specified concerning the character, nature, or style of a proposed, contingent, or possible use or construction:

(A) for which the zoning variance or certificate of appropriateness is sought; or

(B) that would be permitted by the zoning variance or certificate of appropriateness.

(3) Undertakings that the commission has, in the furtherance of the intent and purpose of this chapter, required concerning the planning, design, or implementation of a proposed, contingent, or possible use or construction.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(b).]

As added by P.L.1-1995, SEC.83.

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