Indiana Code 36-7-11.3-51. Requirements for petition filed by person requesting new or amended zoning ordinance affecting primary or secondary property
(1) be under oath; and
Terms Used In Indiana Code 36-7-11.3-51
- 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
- Contract: A legal written agreement that becomes binding when signed.
- development commission: means the governmental authority having primary jurisdiction over:
Indiana Code 36-7-11.3-3
- 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
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- owner: means a person who owns a legal or an equitable interest in primary or secondary property. See Indiana Code 36-7-11.3-8
- person: means an individual, a corporation, a partnership, an association, a trust, a governmental body or an agency, or other entity, public or private, capable of entering into an enforceable contract. See Indiana Code 36-7-11.3-9
- 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 street address of the primary or secondary property to which the new zoning ordinance or amendment to an existing zoning ordinance would directly pertain or affect.
(B) The name of each owner of the property.
(C) The name and address of each person, including principals, if any, who at the time of filing is a party to a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement, excluding insurance policies, mortgage deeds, fuel service contracts, and similar documents, concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property. The petition must also describe all businesses in which the persons, jointly or severally, are engaged.
(D) A detailed description of the proposed use for which the new zoning ordinance or amendment of an existing zoning ordinance is sought.
(E) Other information that the development commission requires by rule or regulation.
(b) The petition must be accompanied by the following:
(1) A complete copy of each contract described by subsection (a)(2)(C) or a description of the contract sufficient to disclose the full nature of the interest of the party and principals, if any, in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.
(2) Other documents that the development commission requires by rule or regulation.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-14(b).]
As added by P.L.1-1995, SEC.84.