Sec. 56. (a) A petition that is filed by a person seeking approval of the commission for a zoning variance of or for subject property must:

(1) be under oath; and

Terms Used In Indiana Code 36-7-11.2-56

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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) state the following:

(A) The full name and address of the petitioner and of each attorney acting for and on behalf of the petitioner.

(B) The street address.

(C) The name of the owner of the property.

(D) The full name and address of and the type of business, if any, conducted by:

(i) a person who at the time of the filing is a party to; and

(ii) a person who is a disclosed or an undisclosed principal for whom the party was acting as agent in entering into;

a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement of any kind or nature concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property.

(E) A description of the contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement sufficient to disclose the full nature of the interest of the party or of the party’s principal in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.

(F) The date of the regular meeting of the commission at which the petitioner requests the petition be considered and determined.

(G) A detailed description of the proposed use for which the zoning variance is sought.

(H) Other information that the commission requires by rule or regulation.

     (b) A petition must be accompanied by the following:

(1) A true copy of each contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement described in the petition.

(2) The maps, plot plans, structural drawings and specifications, landscaping plans, floor plans, elevations, cross-sectional plans, architectural renderings, diagrams, or other technical or graphic materials that the commission requires by rule or regulation.

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

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