Sec. 54. (a) Notice of:
(1) the filing of a petition with the commission for approval of a proposed use variance; and
(2) the filing of a petition with the development commission for approval of an amendment or the adoption of a zoning ordinance pertaining or applying to Meridian Street or bordering property;
is jurisdictional.
(b) Before referral of a matter to the commission, the development commission or other referring body must be satisfied of the following:
(1) That proper notice of the filing of the petition as required by this chapter has been given.
(2) That copies of:
(A) all petitions, exhibits, drawings, pictures, and other documents intended to be offered in support of the proposed new zoning ordinance or amendment to an existing zoning ordinance; and
(B) the contract described by section 56 or 57 of this chapter;
have been made available to the commission without expense to the commission.
(c) If the development commission discovers, upon hearing, substantial departure from, addition to, or modification of materials presented to the commission, the matter shall be remanded to the commission for an additional sixty (60) day period for reconsideration and further recommendation, if any. The commission may, however, take additional evidence that the commission considers necessary for the purpose of making recommendations on the proposed new zoning ordinance or amendment to an existing zoning ordinance.
(d) The development commission or other referring body:
(1) shall thoughtfully consider the recommendations of the commission; and
(2) may overrule or ignore the recommendations only if the recommendations are:
(A) unsupported by substantial evidence; or
(B) contradicted by a clear preponderance of the evidence;
presented before the development commission.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(d).]
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