Title 36, LOCAL GOVERNMENT

Sec. 13. As used in this chapter, "society" refers to the Indiana historical society or the successor to the society. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.] As added by P.L.1-1995, SEC.84.

Sec. 14. As used in this chapter, "subject property" means primary or secondary property or existing or proposed construction on the property: (1) that is the subject of: (A) a filing made with; (B) a hearing or meeting of; or (C) an appeal from; the commission; or (2) with respe…

Sec. 15. The legislative body of a municipality may adopt an ordinance or a resolution to designate an area in the municipality that is subject to a comprehensive plan for land use, whether adopted by the municipality or the county in which the municipality is located, as a prese…

Sec. 16. (a) A preservation area consists of: (1) a primary area; and (2) a secondary area; designated by the legislative body. (b) The primary area is a primarily residential area that the legislative body finds after a public hearing to be a clearly definable area that: (1) sho…

Sec. 17. A preservation area may not be larger than the legislative body considers required to accomplish the purposes of this chapter. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(b) part.] As added by P.L.1-1995, SEC.84.

Sec. 18. (a) Upon designating a preservation area and the primary and secondary areas of the preservation area, the legislative body of the municipality shall create a commission to be known as the "______________ Preservation Commission". The legislative body shall give: (1) the…

Sec. 19. A preservation commission created under this chapter is composed of nine (9) members as follows: (1) The executive of the city or town: (A) shall serve as a member of the commission; or (B) may appoint an individual residing in the city or town to serve in place of the e…

Sec. 2. As used in this chapter, "commission" refers to a preservation commission created under this chapter. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(d) part.] As added by P.L.1-1995, SEC.84.

Sec. 20. An appointed member of the commission holds office for the term that the legislative body of the municipality sets forth in the ordinance or resolution creating the commission. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(e) part.] As added by P.L.1-1995, SEC.…

Sec. 21. The commission shall prepare, adopt, and promulgate the rules and regulations that are necessary, desirable, or convenient to the orderly administration of commission affairs and to the implementation of this chapter in accordance with the intent and purpose. The rules a…

Sec. 22. Notices, petitions, requests, or other written materials to be filed with the commission shall be filed with the clerk or clerk-treasurer and directed to the attention of the commission. The clerk or clerk-treasurer shall: (1) maintain; and (2) make available for public …

Sec. 23. (a) Whenever notice is required to be given under this chapter with respect to a matter coming or pending before a commission created under this chapter, the notice shall be sent to the persons designated as interested parties under this chapter. (b) A public officer or …

Sec. 24. The attorney general or a deputy attorney general selected by the attorney general is the attorney for the commission. The commission may employ other legal counsel that the commission considers necessary, convenient, or desirable. [Pre-1995 Title 14 Recodification Citat…

Sec. 25. (a) The rules and regulations of the commission must specify a particular time on a particular day of the week in a particular week of the month for holding regular meetings to consider any matters properly coming before the commission. Except as provided in subsection (…

Sec. 26. (a) The chair of the commission: (1) may, in the chair's discretion; or (2) shall, at the written request of at least two (2) members of the commission; call a special meeting of the commission to consider or determine a matter for which a petition has been filed. (b) Th…

Sec. 27. For good cause shown, the chair of the commission may, at or before a regular or special meeting, continue any matter docketed for consideration or determination at the meeting until: (1) the next regular meeting of the commission; or (2) a special meeting set for a date…

Sec. 28. The commission may, before a hearing on a petition filed with the commission, require the person filing the petition or a person whose interests appear adverse to those of the petitioner to file with the commission before the hearing the following: (1) Maps, plot plans, …

Sec. 29. (a) A quorum of the commission consists of six (6) members. A quorum must be present for a public hearing on and the determination of a matter coming before the commission for which a public hearing is required under this chapter. (b) Except as otherwise provided in this…

Sec. 3. As used in this chapter, "development commission" means the governmental authority having primary jurisdiction over: (1) recommending; and (2) recommending alterations or changes in; the comprehensive plan for land use applicable to the municipality in which the preservat…

Sec. 30. (a) A member of the commission is not disqualified from hearing and voting upon a matter coming before the commission because the member: (1) owns or occupies primary or secondary property; or (2) belongs to a neighborhood association. (b) A member of the commission may …

agreement on conditions 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 commissi…

Sec. 32. (a) Not later than thirty (30) days after a vote by the commission finally determining a matter, the commission shall enter a written final order stating the following: (1) The names of the members present and voting. (2) Whether the vote cast by each member was negative…

Sec. 33. (a) If the commission determines affirmatively a matter conditioned upon: (1) the observance by a person of a restriction or limitation; or (2) the commitment made by or the undertaking of a person; the commission shall, not later than ten (10) days after the vote determ…

Sec. 34. (a) Not later than five (5) days after the commission has determined a matter by vote, other than a rezoning matter referred to the commission by the development commission, a party who appeared at the hearing shall, upon request of the commission, file with the commissi…

Sec. 35. The commission may not take action on a petition, approve a proposed rezoning or zoning variance, or issue a certificate of appropriateness based upon verbal assurances or unwritten agreements or commitments made by a person concerning any of the following: (1) A future …

Sec. 36. (a) The commission may, by the vote of at least six (6) of the members or for a certificate of appropriateness by a majority of the members, as a condition of approval of a zoning variance or of issuance of a certificate of appropriateness, require: (1) the petitioner; (…

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 u…

Sec. 38. A petitioner shall do the following: (1) File an agreement signed under section 36 of this chapter, including a request for a public hearing, at least fourteen (14) days before the regular meeting of the commission at which the petitioner requests the hearing. (2) On or …

Sec. 39. (a) If after a public hearing the commission approves in form and substance, by the vote of: (1) at least six (6) members; or (2) for a certificate of appropriateness, a majority of the members present; the agreement as filed, the commission shall enter a final order exp…

Sec. 4. (a) As used in this chapter, "family" means any number of individuals who: (1) are all related to each other by marriage, consanguinity, or legal adoption; and (2) live together as a single household with a single head of the household. (b) The term includes the following…

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…

Sec. 41. (a) A covenant or an agreement made under this chapter may be abrogated by six (6) affirmative votes of the commission upon petition and after notice to all interested parties and a public hearing if the commission determines that the covenant or agreement no longer acco…

Sec. 42. (a) The commission shall keep complete minutes of meetings. The minutes must reflect the following: (1) Action taken by the commission. (2) The reasons for the action. (3) The factors considered by the commission in taking the action. (b) Copies of the minutes of a meeti…

Sec. 43. (a) The commission shall, by rule adopted under section 21 of this chapter, set fees to be paid by a person filing a petition with the commission. If the commission has not set a fee by rule for a type of petition, the fee is twenty-five dollars ($25). (b) A person filin…

Sec. 44. The commission may accept money from any source for use in administering this chapter. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-12.2.] As added by P.L.1-1995, SEC.84.

Sec. 45. An administrative, a legislative, or other governmental body may not grant a zoning variance relating to the use of primary or secondary property without the prior approval of the commission upon the affirmative vote of at least six (6) members. The commission may approv…

Sec. 46. (a) The development commission may not: (1) approve a petition for the amendment or adoption of a zoning ordinance pertaining or applying to primary or secondary property; or (2) adopt or amend an ordinance to the extent the ordinance pertains or applies to primary or se…

Sec. 47. The conclusions required by sections 45 and 46 of this chapter are that the requested variance, the proposed new zoning ordinance, or the amendment to an existing zoning ordinance will not do any of the following: (1) Tend to undermine or detract from the general residen…

Sec. 48. (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 primary …

Sec. 49. (a) The provisions of this chapter concerning: (1) meetings and hearings of the commission; and (2) the manner in which matters will be taken up and considered by the commission; do not apply in the commission's consideration of rezoning matters referred to the commissio…

Sec. 5. As used in this chapter, "interested party" means the following: (1) The governor. (2) The Indiana department of transportation. (3) The department of natural resources. (4) The executive of the city or town. (5) The municipal plan commission. (6) The society. (7) Each ow…

Sec. 50. (a) A petition that is filed by a person seeking approval of the commission for a zoning variance of or for subject property must: (1) be under oath; and (2) state the following: (A) The full name and address of the petitioner and of each attorney acting for and on behal…

Sec. 51. (a) A petition that is filed by a person requesting the adoption of a new zoning ordinance or the amendment of an existing zoning ordinance directly pertaining to or affecting primary or secondary property must, in addition to all other applicable requirements concerning…

Sec. 52. (a) A person who has filed a petition under section 50 or 51 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 petit…

Sec. 53. Sections 54, 55, and 56 of this chapter do not apply to a preservation area except to the extent the legislative body adopts an ordinance or a resolution after notice and a public hearing to substitute for sections 54, 55, and 56 of this chapter the land development and …

Sec. 54. A new structure may not be erected upon a parcel of primary property and an existing structure upon the property may not be altered if the structure would do any of the following: (1) Permit a residential usage that, in relation to the parcel upon which situated, would b…