Sec. 37. An agreement signed under section 36 of this chapter must do the following:
(1) Refer to the proceeding before the commission.
(2) Contain a full legal description of the subject property.
(3) Specifically provide for the following:
(A) That the agreement is contingent upon the grant of a variance for or issuance of a certificate of appropriateness concerning the subject property.
(B) That the agreement will be construed strictly against those parties from whom the agreement is required by the commission.
(C) That the agreement, if executed by a party with a legal or an equitable interest in the subject property, is intended to create a covenant that:
(i) runs with the subject property; and
(ii) is binding upon the successors to the fee or to an interest in the fee.
(D) That the agreement is intended to benefit and to be enforced by a person who, under this chapter, would be considered an interested party concerning the subject property.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(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