Sec. 31. (a) Upon the conclusion of the hearing on a matter and before the voting, the commission members shall, if requested by:
(1) the petitioner;
(2) an interested party; or
(3) a commission member;
deliberate in private before voting.
(b) The commission shall, before voting, consider conditions proposed to the commission at the hearing by a person, including a commission member, concerning the restrictions, limitations, commitments, or undertakings that might be required by the commission as the condition of a vote favorable to the petitioner.
(c) The commission may:
(1) on the commission's own motion; or
(2) at the request of a person;
before voting on a matter, continue the matter for a vote to a future meeting so that the petitioner and a person appearing adverse to the petitioner might privately agree upon the restrictions, limitations, commitments, or undertakings to be proposed to the commission as a condition to a vote by the commission favorable to the petitioner.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(c).]
As added by P.L.1-1995, SEC.84.
Structure Indiana Code
Article 7. Planning and Development
Chapter 11.3. Municipal Preservation
36-7-11.3-1. Purpose of Chapter
36-7-11.3-2. "Commission" Defined
36-7-11.3-3. "Development Commission" Defined
36-7-11.3-5. "Interested Party" Defined
36-7-11.3-7. "Occupant" Defined
36-7-11.3-10. "Primary Property" Defined
36-7-11.3-11. "Secondary Property" Defined
36-7-11.3-12. "Single Family or Double Family Residential Dwellings" Defined
36-7-11.3-13. "Society" Defined
36-7-11.3-14. "Subject Property" Defined
36-7-11.3-15. Designation of Preservation Area
36-7-11.3-16. Primary and Secondary Areas
36-7-11.3-17. Size of Preservation Area
36-7-11.3-18. Creation of Preservation Commission
36-7-11.3-19. Members of Commission
36-7-11.3-21. Adoption of Rules
36-7-11.3-22. Material Filed With Commission
36-7-11.3-25. Regular Meetings
36-7-11.3-26. Special Meetings
36-7-11.3-28. Evidence Filed by Person With Interests Adverse to Petitioner
36-7-11.3-30. Reasons for Disqualification of Members From Voting on Matters; Abstention of Member
36-7-11.3-31. Private Deliberations; Conditions of Favorable Vote; Private Agreement on Conditions
36-7-11.3-32. Final Written Orders
36-7-11.3-33. Temporary Orders
36-7-11.3-34. Proposed Temporary or Final Orders
36-7-11.3-35. Prohibited Actions
36-7-11.3-36. Written Agreement Required for Zoning Variance or Certificate of Appropriateness
36-7-11.3-37. Provisions in Agreement
36-7-11.3-38. Filing of Agreement Before Hearing; Notice
36-7-11.3-39. Filing of Agreement With County Recorder
36-7-11.3-40. Amended Agreement; Dismissal of Petition
36-7-11.3-41. Abrogation of Covenant or Agreement
36-7-11.3-42. Minutes of Meetings
36-7-11.3-44. Money for Administration of Chapter
36-7-11.3-45. Zoning Variance; Approval by Commission
36-7-11.3-46. Zoning Ordinance Pertaining to Primary or Secondary Property Prohibited
36-7-11.3-47. Prohibited Results of Zoning Ordinance or Amendment
36-7-11.3-48. Notice of Filing of Petition; Evidence Available to Commission
36-7-11.3-49. Procedures for Consideration of Zoning Matters Referred by Development Commission
36-7-11.3-50. Requirements for Petition Filed by Person Seeking Zoning Variance
36-7-11.3-52. Notice Requirements
36-7-11.3-53. Preservation Area Exemptions
36-7-11.3-54. Conditions for Erection of New Structure on Primary Property
36-7-11.3-55. Subdivision of Primary Property Into Lots
36-7-11.3-56. Conditions for Altering Structure or Feature on Primary Property
36-7-11.3-57. Restrictions on Owners and Occupants of Primary and Secondary Property
36-7-11.3-61. Dissolution of Commission