Indiana Code 36-7-11.2-58. Notice of petition for new or amended zoning ordinance
(1) The full name and address of the following:
Terms Used In Indiana Code 36-7-11.2-58
- 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
- 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
- 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
- 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
- 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
(B) Each attorney acting for and on behalf of the petitioner.
(2) The street address of the Meridian Street and bordering property for which the petition was filed.
(3) The name of the owner of the property.
(4) The full name and address of, and the type of business, if any, conducted by:
(A) each person who at the time of the filing is a party to; and
(B) each 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.
(5) 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.
(6) A description of the proposed use for which the rezoning or zoning variance is sought, sufficiently detailed to appraise the notice recipient of the true character, nature, extent, and physical properties of the proposed use.
(7) The date of the filing of the petition.
(8) The date, time, and place of the next regular meeting of the commission if a petition is for approval of a zoning variance. If a petition is filed with the development commission, the notice does not have to specify the date of a hearing before the commission or the development commission. However, the person filing the petition shall give ten (10) days notice of the date, time, and place of a hearing before the commission on the petition after the referral of the petition to the commission by the development commission.
(b) For purposes of giving notice to the interested parties who are owners, the records in the bound volumes of the recent real estate tax assessment records as the records appear in:
(1) the offices of the township assessors (if any); or
(2) the office of the county assessor;
as of the date of filing are considered determinative of the persons who are owners.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-15.]
As added by P.L.1-1995, SEC.83. Amended by P.L.219-2007, SEC.122; P.L.146-2008, SEC.719.