Sec. 40. (a) If after a public hearing the commission disapproves the agreement in form or substance, the petitioner shall, under a temporary order of the commission, make and cause to be executed an amended agreement meeting the commission's requirements as to form and substance.
(b) If the petitioner fails or refuses, for longer than sixty (60) days after entry of a temporary order requiring the petitioner to do so, to file an amended agreement meeting with commission requirements for form and substance, the commission may require the petitioner to appear at a meeting of the commission and show cause why the petition of the petitioner should not be dismissed.
(c) If the petitioner fails:
(1) to appear at the meeting; or
(2) to show good and sufficient cause why the petition should not be dismissed;
the commission shall, upon the vote of a majority of the members, dismiss the petition.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(e) part.]
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