Sec. 45. An administrative, a legislative, or other governmental body may not grant a zoning variance relating to the use of primary or secondary property without the prior approval of the commission upon the affirmative vote of at least six (6) members. The commission may approve the variance only if:

(1) the petition establishes by substantial evidence of probative value the correctness of the conclusions stated in section 47 of this chapter; and

Terms Used In Indiana Code 36-7-11.3-45

  • commission: refers to a preservation commission created under this chapter. See Indiana Code 36-7-11.3-2
  • 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.
  • secondary property: means property within an area designated as a secondary area by the legislative body. See Indiana Code 36-7-11.3-11
(2) notices of the hearing have been given to all interested parties in the manner required by this chapter.

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

As added by P.L.1-1995, SEC.84.

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