Title 36, LOCAL GOVERNMENT

Sec. 16. 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.83.

Sec. 17. As used in this chapter, "subject property" means Meridian Street or bordering 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) wi…

Sec. 18. The Meridian Street preservation commission is established. [1995 Title 14 Recodification Citation: New.] As added by P.L.1-1995, SEC.83.

Sec. 19. The commission consists of nine (9) members as follows: (1) Five (5) members are Class 1 members whose terms of office expire June 30 of each even-numbered year. (2) Four (4) members are Class 2 members whose terms of office expire June 30 of each odd-numbered year. [Pre…

Sec. 2. As used in this chapter, "bordering property" means a parcel of land: (1) of which any part lies within one thousand (1,000) feet from any part of the right-of-way of Meridian Street; and (2) that: (A) is within a radius of seven hundred fifty (750) feet from; and (B) lie…

Sec. 20. The executive of Indianapolis shall appoint the following members of the commission not later than thirty (30) days after the term of the prior member appointed under this section expires: (1) As a Class 1 member, an architect registered under IC 25-4-1 who at the time o…

Sec. 21. The governor shall appoint the following members of the commission not later than thirty (30) days after the term of the prior member appointed under this section expires: (1) As a Class 1 member, an individual with a demonstrated interest in and knowledge of historic pr…

Sec. 22. (a) The governor shall appoint five (5) additional members of the commission by selecting one (1) name from each of five (5) separate lists submitted by four (4) neighborhood associations and the society. Each list must contain the names of at least two (2) nominees. The…

Sec. 23. Each member of the commission, upon the expiration of the member's term, holds over as a member with all rights of membership until a successor is appointed and qualified. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-3(a) part.] As added by P.L.1-1995, SEC.83.

Sec. 24. (a) If a member of the commission dies or resigns during a term, a successor with the same qualifications shall be appointed to complete the term not later than thirty (30) days after the death or resignation. The appointment shall be made in the same manner as the origi…

Sec. 25. Members of the commission serve without compensation. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-3(a) part.] As added by P.L.1-1995, SEC.83.

Sec. 26. The commission member who is an employee of the department of metropolitan development serves as chair of the commission. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-3(b) part.] As added by P.L.1-1995, SEC.83. Amended by P.L.127-2017, SEC.185.

Sec. 27. 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. 28. Notices, petitions, requests, or other written materials to be filed with the commission shall be filed with the department of metropolitan development and directed to the attention of the commission. The department of metropolitan development shall: (1) maintain; and (2…

Sec. 29. (a) A public officer or office entitled to receive notice may designate in writing filed with the commission alternate or additional persons to whom notice required to be served upon the officer or office shall also be served. The commission shall maintain a complete lis…

Sec. 3. As used in this chapter, "commission" refers to the Meridian Street preservation commission established by this chapter. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.] As added by P.L.1-1995, SEC.83.

Sec. 30. 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 Cit…

Sec. 31. (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. 32. (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. 33. 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. 34. 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. 35. (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. 36. (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 a Meridian Street or bordering property; or (2) belongs to a neighborhood association. (b) A member of the commi…

Sec. 37. (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,…

Sec. 38. (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. 39. (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. 4. As used in this chapter, "department of metropolitan development" refers to the department of metropolitan development established by IC 36-3-5-4, subject to IC 36-3-4-23. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.] As added by P.L.1-1995, SEC.83.

Sec. 40. (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. 41. 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. 42. (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. 43. An agreement signed under section 42 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. 44. A petitioner shall do the following: (1) File an agreement signed under section 42 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. 45. (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. 46. (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. 47. (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. 48. (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. 49. (a) The commission shall, by rule adopted under section 27 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. 5. As used in this chapter, "development commission" refers to the metropolitan development commission. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(b) part.] As added by P.L.1-1995, SEC.83.

Sec. 50. 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.83.

Sec. 51. An administrative, a legislative, or other governmental body may not grant a zoning variance relating to the use of Meridian Street or bordering property without the prior approval of the commission upon the affirmative vote of at least six (6) members. The commission ma…

Sec. 52. (a) The development commission may not: (1) approve a petition for the amendment or adoption of a zoning ordinance pertaining or applying to Meridian Street or bordering property; or (2) adopt or amend an ordinance to the extent the ordinance pertains or applies to Merid…

Sec. 53. The conclusions required by sections 51 and 52 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. 54. (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 Meridian…

Sec. 55. (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. 56. (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. 57. (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 Meridian Street or bordering property must, in addition to all other applicable requirements co…