Indiana Code 36-7-11.3-46. Zoning ordinance pertaining to primary or secondary property prohibited
(1) approve a petition for the amendment or adoption of a zoning ordinance pertaining or applying to primary or secondary property; or
Terms Used In Indiana Code 36-7-11.3-46
- 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.
- commission: refers to a preservation commission created under this chapter. See Indiana Code 36-7-11.3-2
- development commission: means the governmental authority having primary jurisdiction over:
Indiana Code 36-7-11.3-3
- 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.
- notice: means written notice:
Indiana Code 36-7-11.3-6
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- secondary property: means property within an area designated as a secondary area by the legislative body. See Indiana Code 36-7-11.3-11
until the events described in subsection (b) have occurred.
(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 47 of this chapter and made a recommendation to the development commission; or
(B) failed to make a recommendation for a period of 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 47 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.84.