Sec. 47. The conclusions required by sections 45 and 46 of this chapter are that the requested variance, the proposed new zoning ordinance, or the amendment to an existing zoning ordinance will not do any of the following:

(1) Tend to undermine or detract from the general residential character of the following:

Terms Used In Indiana Code 36-7-11.3-47

  • 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
  • family: means any number of individuals who:

    Indiana Code 36-7-11.3-4

  • primary property: means property within an area designated as a primary area by the legislative body. See Indiana Code 36-7-11.3-10
  • 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
  • subject property: means primary or secondary property or existing or proposed construction on the property:

    Indiana Code 36-7-11.3-14

(A) The primary area.

(B) Primary property.

(C) Secondary property lying between primary property and the property for which the new zoning ordinance, zoning ordinance amendment, or zoning variance is sought.

(2) Affect in an adverse manner the value for single family residential usage of the following:

(A) Primary property.

(B) Secondary property lying between primary property and the property for which the new zoning ordinance, zoning ordinance amendment, or zoning variance is sought.

(3) Alter or adversely affect, either in inherent nature or method of implementation, the historic or architectural character or style of the area comprised of:

(A) primary and secondary property; or

(B) the part of the area comprised of the property lying within five hundred (500) feet of the subject property.

(4) If the request is a zoning variance, violate a rule or regulation that the commission has adopted to accomplish the purposes of this chapter.

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

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

  Previous section
Next section  
 Chapter 11.3 Contents