Sec. 52. (a) The development commission may not:
(1) approve a petition for the amendment or adoption of a zoning ordinance pertaining or applying to Meridian Street or bordering property; or
(2) adopt or amend an ordinance to the extent the ordinance pertains or applies to Meridian Street or bordering property;
until the conditions required by section 51 of this chapter have been met.
(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 53 of this chapter and made a recommendation to the development commission; or
(B) failed to make a recommendation for 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 53 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.83.
Structure Indiana Code
Article 7. Planning and Development
Chapter 11.2. Meridian Street Preservation
36-7-11.2-1. Purpose of Chapter
36-7-11.2-2. "Bordering Property" Defined
36-7-11.2-3. "Commission" Defined
36-7-11.2-4. "Department of Metropolitan Development" Defined
36-7-11.2-5. "Development Commission" Defined
36-7-11.2-7. "Interested Party" Defined
36-7-11.2-8. "Meridian Street" Defined
36-7-11.2-9. "Meridian Street Property" Defined
36-7-11.2-10. "Neighborhood Association" Defined
36-7-11.2-11. "Notice" Defined
36-7-11.2-12. "Occupant" Defined
36-7-11.2-14. "Person" Defined
36-7-11.2-15. "Single Family or Double Family Residential Dwellings" Defined
36-7-11.2-16. "Society" Defined
36-7-11.2-17. "Subject Property" Defined
36-7-11.2-18. Establishment of Commission
36-7-11.2-19. Number of Members of Commission
36-7-11.2-20. Appointment of Architect and Professional City Planner
36-7-11.2-23. Holding Over Membership Upon Expiration of Member's Term
36-7-11.2-24. Death or Resignation of Member
36-7-11.2-25. Service Without Compensation
36-7-11.2-27. Adoption of Rules
36-7-11.2-28. Filing and Records
36-7-11.2-29. Alternate Persons on Whom Notice May Be Served
36-7-11.2-30. Attorney for Commission
36-7-11.2-31. Regular Meetings
36-7-11.2-32. Special Meetings
36-7-11.2-33. Continuance of Matters on Docket
36-7-11.2-34. Evidence Required
36-7-11.2-36. Reasons for Disqualification of Members From Voting on Matters; Abstention of Member
36-7-11.2-37. Private Deliberations
36-7-11.2-38. Written Final Orders
36-7-11.2-39. Temporary Orders
36-7-11.2-40. Proposed Temporary or Final Orders
36-7-11.2-41. Action Based on Verbal Assurances or Unwritten Agreements
36-7-11.2-42. Written Agreement Required
36-7-11.2-43. Requirements of Written Agreement
36-7-11.2-44. Filing of Agreement
36-7-11.2-45. Voting on Agreement
36-7-11.2-46. Amended Agreement
36-7-11.2-47. Abrogation of Agreement
36-7-11.2-48. Minutes of Meetings
36-7-11.2-50. Acceptance of Money for Administration
36-7-11.2-51. Approval for Zoning Variance
36-7-11.2-52. Conditions to Be Met Before Petition Approval
36-7-11.2-53. Prohibited Results of Variance or Ordinance
36-7-11.2-54. Notice of Filing of Petition; Referral to Commission; Reconsideration
36-7-11.2-55. Provisions Inapplicable to Considerations of Rezoning Matters; Procedures
36-7-11.2-56. Requirements of Petition for Zoning Variance or for Subject Property
36-7-11.2-58. Notice of Petition for New or Amended Zoning Ordinance
36-7-11.2-59. Prohibited New or Altered Structures on Meridian Street
36-7-11.2-60. Subdivision of Meridian Street Property
36-7-11.2-62. Restrictions on Owners and Occupants of Meridian Street or Bordering Property
36-7-11.2-63. Private Right of Action With Respect to Meridian Street or Bordering Property