Sec. 58. (a) A person who has filed a petition under section 56 or 57 of this chapter shall, not later than ten (10) days after the filing, serve notice upon all interested parties. The notice must state the following:
(1) The full name and address of the following:
(A) The petitioner.
(B) Each attorney acting for and on behalf of the petitioner.
(2) The street address of the Meridian Street and bordering property for which the petition was filed.
(3) The name of the owner of the property.
(4) The full name and address of, and the type of business, if any, conducted by:
(A) each person who at the time of the filing is a party to; and
(B) each person who is a disclosed or an undisclosed principal for whom the party was acting as agent in entering into;
a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement of any kind or nature concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property.
(5) A description of the contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement sufficient to disclose the full nature of the interest of the party or of the party's principal in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.
(6) A description of the proposed use for which the rezoning or zoning variance is sought, sufficiently detailed to appraise the notice recipient of the true character, nature, extent, and physical properties of the proposed use.
(7) The date of the filing of the petition.
(8) The date, time, and place of the next regular meeting of the commission if a petition is for approval of a zoning variance. If a petition is filed with the development commission, the notice does not have to specify the date of a hearing before the commission or the development commission. However, the person filing the petition shall give ten (10) days notice of the date, time, and place of a hearing before the commission on the petition after the referral of the petition to the commission by the development commission.
(b) For purposes of giving notice to the interested parties who are owners, the records in the bound volumes of the recent real estate tax assessment records as the records appear in:
(1) the offices of the township assessors (if any); or
(2) the office of the county assessor;
as of the date of filing are considered determinative of the persons who are owners.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-15.]
As added by P.L.1-1995, SEC.83. Amended by P.L.219-2007, SEC.122; P.L.146-2008, SEC.719.
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