Sec. 52. (a) The development commission may not:

(1) approve a petition for the amendment or adoption of a zoning ordinance pertaining or applying to Meridian Street or bordering property; or

Terms Used In Indiana Code 36-7-11.2-52

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • bordering property: means a parcel of land:

    Indiana Code 36-7-11.2-2

  • commission: refers to the Meridian Street preservation commission established by this chapter. See Indiana Code 36-7-11.2-3
  • development commission: refers to the metropolitan development commission. See Indiana Code 36-7-11.2-5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Meridian Street: means that part of a north-south meridian street in the city of Indianapolis, Marion County, known as Meridian Street, that lies:

    Indiana Code 36-7-11.2-8

  • notice: means written notice:

    Indiana Code 36-7-11.2-11

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) adopt or amend an ordinance to the extent the ordinance pertains or applies to Meridian Street or bordering property;

until the conditions required by section 51 of this chapter have been met.

     (b) The following must occur before the development commission may take action under subsection (a):

(1) Notice of the filing of the petition before the development commission has been given by the petitioner to all interested parties not later than ten (10) days after the filing.

(2) The matter has been referred to the commission, which has:

(A) considered the matter applying the standards stated in section 53 of this chapter and made a recommendation to the development commission; or

(B) failed to make a recommendation for one hundred twenty (120) days following the referral of the matter to the commission for the commission’s recommendations, unless the time has been extended by the development commission for good cause shown.

(3) A duly advertised public hearing on the matter has been held by the development commission.

(4) The conclusions stated in section 53 of this chapter have been established by substantial evidence of probative value.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(b) part.]

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