Title 36, LOCAL GOVERNMENT

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…

Sec. 55. A parcel of primary property may not be subdivided into lots having: (1) an area of less than fifteen thousand (15,000) square feet; or (2) frontage of less than one hundred (100) feet upon the primary area or upon an east-west street intersecting with the primary area. …

Sec. 56. (a) A person may not construct on primary property a structure or feature or reconstruct, alter, or demolish primary property unless the following conditions have been met: (1) The person has previously filed with the commission an application for a certificate of approp…

Sec. 57. (a) As used in this section, "bedroom" means a room that: (1) consists of not less than eighty (80) usable square feet and one (1) built-in closet; and (2) is located on or above the first floor of a structure. (b) Each owner and occupant of primary or secondary property…

Sec. 58. (a) Each interested party: (1) has a private right of action to: (A) enforce; and (B) prevent violation of; this chapter; and (2) may, with respect to primary or secondary property: (A) restrain or enjoin, temporarily or permanently, a person from violating; and (B) enfo…

Sec. 59. A final determination by the commission is subject to judicial review in the same manner and subject to the same limitations as a final decision of a board of zoning appeals under IC 36-7-4. However, notwithstanding IC 36-7-4-1609, upon notice of the filing of the petiti…

Sec. 6. As used in this chapter, "notice" means written notice: (1) served personally upon the person, official, or office entitled to the notice; or (2) served upon the person, official, or office by placing the notice in the United States mail, first class postage prepaid, prop…

Sec. 60. An appeal may be taken to the court of appeals from the final judgment of the court under section 59 of this chapter reversing, affirming, or modifying the determination of the commission in the same manner and upon the same terms, conditions, and limitations as appeals …

Sec. 61. (a) The legislative body that created a commission under this chapter may: (1) at any time in the discretion of the legislative body; or (2) by application of at least fifty-one percent (51%) of the owners of property in the primary area; dissolve the commission by ordin…

Sec. 62. The legislative body may at any time redefine: (1) the preservation area; or (2) the primary or secondary areas in the preservation area; if the preservation area, as redefined, is an area that could properly be designated as a preservation area under this chapter for th…

Sec. 63. This chapter is cumulative to and does not supersede, preempt, or invalidate a zoning, building, health, or other law, ordinance, or code in effect as of April 16, 1971, except to the extent the law, ordinance, or code is in irreconcilable conflict with this chapter. If …

Sec. 7. As used in this chapter, "occupant" means a person: (1) occupying: (A) under a written lease; or (B) as an owner; and (2) using for residential purposes; a single family or double family residential dwelling located upon primary or secondary property. [Pre-1995 Title 14 R…

Sec. 8. As used in this chapter, "owner" means a person who owns a legal or an equitable interest in primary or secondary property. [Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.] As added by P.L.1-1995, SEC.84.

Sec. 9. As used in this chapter, "person" means an individual, a corporation, a partnership, an association, a trust, a governmental body or an agency, or other entity, public or private, capable of entering into an enforceable contract. [Pre-1995 Title 14 Recodification Citation…

Sec. 1. (a) As used in this chapter, "development commission" refers to the Orange County development commission established by section 3.5 of this chapter. (b) As used in this chapter, "historic hotel" has the meaning set forth in IC 4-33-2-11.1. (c) As used in this chapter, "ho…

Sec. 11. (a) As used in this section, "fund" refers to the West Baden Springs historic hotel preservation and maintenance fund established by subsection (b). (b) The West Baden Springs historic hotel preservation and maintenance fund is established. The fund consists of the follo…

Sec. 13. (a) An individual may apply for a grant or low interest loan on a form prescribed by the development commission. (b) A form prescribed by the development commission must be designed to be read and easily understood by the ordinary individual. As added by P.L.234-2007, SE…

Sec. 2. (a) This chapter applies to a town that satisfies either of the following criteria: (1) The town contains a qualified historic hotel. (2) The town contains a historic hotel and is adjacent to another town containing a qualified historic hotel. (b) The towns described in s…

Sec. 3.5. (a) The Orange County development commission is established. (b) The development commission consists of the following members: (1) An individual appointed by the legislative body of Orange County. (2) An individual appointed by the legislative body of the town of French…

Sec. 3.7. (a) As used in this section, "commission" refers to a historic hotel preservation commission established by an interlocal agreement under section 3 of this chapter (before its repeal). (b) As used in this section, "local development agreement" refers to the local develo…

Sec. 5. (a) The development commission shall elect from its membership a chairperson and vice chairperson, who shall serve for one (1) year and may be reelected. (b) The development commission shall adopt rules consistent with this chapter for the transaction of its business. The…

Sec. 6. (a) Money acquired by the development commission is subject to the laws concerning the deposit and safekeeping of public money. (b) The money of the development commission and the accounts of each officer, employee, or other person entrusted by law with the raising, dispo…

Sec. 7. (a) The development commission shall do the following: (1) Employ an administrator and other professional staff necessary to assist the development commission in carrying out its duties. (2) Facilitate and coordinate the development of Orange County. (3) Serve as a liaiso…

Sec. 1. The definitions in this chapter apply throughout this chapter and IC 36-7-12. As added by P.L.20-1985, SEC.14.

Sec. 10. "User" means a person that has entered into a financing agreement with a unit, a developer, or a lender in contemplation of its use of the facilities referred to in the agreement. As added by P.L.20-1985, SEC.14.

Sec. 2. "Developer" means a person that proposes to enter, or has entered, into a financing agreement with a unit for economic development or pollution control facilities and that has entered into a separate agreement with some other person for the substantial use of the faciliti…

Sec. 3. "Economic development facilities" includes land; interests in land; site improvements; infrastructure improvements; buildings; structures; rehabilitation, renovation, and enlargement of buildings and structures; economic improvement projects under IC 36-7-22; machinery; e…

Sec. 5. "Financing" includes the activities listed in IC 36-7-12-18. As added by P.L.20-1985, SEC.14.

Sec. 6. "Financing agreement" means an agreement between a unit and a developer, user, or lender concerning the financing of, the title to, or possession of economic development or pollution control facilities, and payments to the unit in respect of the financing, title, or posse…

Sec. 7. "Lender" means any federal or state chartered bank, federal land bank, savings association, production credit association, bank for cooperatives, or small business investment company, and includes any other institution qualified to originate and service loans, such as an …

Sec. 8. "Pollution" means all forms of environmental pollution, including water pollution, air pollution, solid and radioactive waste, thermal pollution, radiation contamination, and noise pollution. As added by P.L.20-1985, SEC.14.

Sec. 9. "Pollution control facilities" includes land; interests in land; site improvements; infrastructure improvements; buildings; structures; rehabilitation, renovation, and enlargement of buildings and structures; machinery; equipment; and furnishings for facilities for the ab…

Sec. 9.3. "Taxable bonds" means bonds, the interest on which will not be excluded from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code. As added by P.L.25-1987, SEC.44.

Sec. 9.7. "Tax-exempt bonds" means bonds, the interest on which will be excluded from the gross income of the owners of the bonds under Section 103 of the Internal Revenue Code. As added by P.L.25-1987, SEC.45.

Sec. 1. As used in this chapter, "facility" has the meaning set forth in 327 IAC 2-6.1-4(7), as in effect on January 1, 2001. As added by P.L.33-2001, SEC.3.

Sec. 10. A fire department that imposes a service charge under this chapter and maintains an action for reimbursement under IC 13-25-6-5 may recover all costs of the action, including attorney's fees. As added by P.L.33-2001, SEC.3.

Sec. 11. A responsible party is subject to a penalty for failure to pay the full amount of a charge made under this chapter within sixty (60) days after the issuance of the bill for payment by the fire department. The amount of the penalty is ten percent (10%) of the amount of th…