Sec. 54. (a) Notice of:

(1) the filing of a petition with the commission for approval of a proposed use variance; and

Terms Used In Indiana Code 36-7-11.2-54

  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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

(2) the filing of a petition with the development commission for approval of an amendment or the adoption of a zoning ordinance pertaining or applying to Meridian Street or bordering property;

is jurisdictional.

     (b) Before referral of a matter to the commission, the development commission or other referring body must be satisfied of the following:

(1) That proper notice of the filing of the petition as required by this chapter has been given.

(2) That copies of:

(A) all petitions, exhibits, drawings, pictures, and other documents intended to be offered in support of the proposed new zoning ordinance or amendment to an existing zoning ordinance; and

(B) the contract described by section 56 or 57 of this chapter;

have been made available to the commission without expense to the commission.

     (c) If the development commission discovers, upon hearing, substantial departure from, addition to, or modification of materials presented to the commission, the matter shall be remanded to the commission for an additional sixty (60) day period for reconsideration and further recommendation, if any. The commission may, however, take additional evidence that the commission considers necessary for the purpose of making recommendations on the proposed new zoning ordinance or amendment to an existing zoning ordinance.

     (d) The development commission or other referring body:

(1) shall thoughtfully consider the recommendations of the commission; and

(2) may overrule or ignore the recommendations only if the recommendations are:

(A) unsupported by substantial evidence; or

(B) contradicted by a clear preponderance of the evidence;

presented before the development commission.

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

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

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