Indiana § 36-7-11-23 - Removal of historic district designation

§ 36-7-11-23. Removal of historic district designation

Sec. 23. (a) This section provides the exclusive method for removing the designation of a historic district. The owner or owners of a building, structure, or site designated as a single site historic district may sign and file a petition with the legislative body of the unit requesting removal of the designation of the building, structure, or site as a historic district. In the case of a historic district containing two (2) or more parcels, at least sixty percent (60%) of the owners of the real property of the historic district may sign and file a petition with the legislative body of the unit requesting removal of the designation of the historic district.

(b) The legislative body shall submit a petition filed under subsection (a) to the historic preservation commission of the unit. The historic preservation commission shall conduct a public hearing on the petition not later than sixty (60) days after receiving the petition. The historic preservation commission shall provide notice of the hearing:

(1) by publication under IC 5-3-1-2(b);

(2) in the case of a historic district comprised of real property owned by fewer than fifty (50) property owners, by certified mail, sent at least ten (10) days before the hearing, to each owner of real estate within the historic district; and

(3) in the case of a single building, structure, or site designated as a historic district, by certified mail, sent at least ten (10) days before the hearing, to each owner of the real estate abutting the building, structure, or site designated as a historic district that is the subject of the petition.

(c) The historic preservation commission shall make the following findings after the public hearing:

(1) Whether a building, structure, or site within the historic district continues to meet the criteria for inclusion in a historic district as set forth in the ordinance approving the historic district map under section 7 of this chapter. The determination must state specifically the criteria that are applicable to the buildings, structures, or sites within the district.

(2) Whether failure to remove the designation of the historic district would deny an owner of a building, structure, or site within the historic district reasonable use of the owner's property or prevent reasonable economic return. Evidence provided by the petitioner may include information on:

(A) costs to comply with regulations;

(B) income generation;

(C) availability of contractors to perform work;

(D) real estate values;

(E) assessed values and taxes;

(F) revenue projections;

(G) current level of return;

(H) operating expenses;

(I) vacancy rates;

(J) financing issues;

(K) efforts to explore alternative uses for a property;

(L) availability of economic incentives; and

(M) recent efforts to sell or rent property.

(3) Whether removal of the designation of a historic district would have an adverse economic impact on the owners of real estate abutting the historic district, based on testimony and evidence provided by the owners of the real estate and licensed real estate appraisers or brokers.

(4) Whether removal of or failure to remove the designation of the historic district would have an adverse impact on the unit's historic resources, and specifically whether it would result in the loss of a building, structure, or site classified as historic by the commission's survey prepared under section 6 of this chapter.

(d) Not later than ten (10) days after the public hearing, the historic preservation commission shall submit:

(1) its findings on the petition; and

(2) a recommendation to grant or deny the petition;

to the legislative body of the unit.

(e) Not later than forty-five (45) days after receiving the historic preservation commission's findings, the legislative body of the unit shall:

(1) take public comment and receive evidence in support of or in opposition to the petition; and

(2) do one (1) of the following:

(A) Deny the petition.

(B) Grant the petition by adopting an ordinance that removes the designation of the historic district by:

(i) a majority vote, if the recommendation of the historic preservation commission is to grant the petition; or

(ii) a two-thirds (2/3) vote, if the recommendation of the historic preservation commission is to deny the petition.

The legislative body shall record an ordinance adopted under subdivision (2) with the county recorder not later than ten (10) days after the legislative body adopts the ordinance. The historic district designation is considered removed on the date the ordinance is recorded with the county recorder.

(f) If the legislative body of the unit does not grant or deny the petition within forty-five (45) days after receiving the historic preservation commission's findings:

(1) the petition is considered granted or denied in accordance with the recommendation of the historic preservation commission; and

(2) if the petition is considered granted, the legislative body shall, not later than fifty-five (55) days after receiving the historic preservation commission's findings:

(A) adopt an ordinance that removes the designation of the historic district; and

(B) record the ordinance with the county recorder.

The historic district designation is considered removed on the date the ordinance is recorded with the county recorder.

As added by P.L.206-2013, SEC.1.

IC 36-7-11.1Chapter 11.1. Historic Preservation in Marion County

36-7-11.1-1Application of chapter 36-7-11.1-2Definitions 36-7-11.1-3Historic preservation commission; appointments; terms; vacancies; salary; officers; procedural rules; quorum; absentee members voting 36-7-11.1-3.1Expired 36-7-11.1-4Administrator; staff; work program; information; offices and facilities; annual budget 36-7-11.1-5Powers and duties of commission 36-7-11.1-6Proposed historic preservation plans; recommendations; approval proceedings; official markers 36-7-11.1-7Categories of work exempted by historic preservation plan; premature issuance of permits for work 36-7-11.1-8Permits for work; application; certificate of appropriateness 36-7-11.1-9Necessity of certificate of appropriateness; filing application; issuance procedure 36-7-11.1-10Certificate of appropriateness; determination of commission 36-7-11.1-11Hearing officer; powers and duties 36-7-11.1-12Enforcement of chapter, ordinance, and covenants; notice to correct failures or violations 36-7-11.1-13Nonconforming uses 36-7-11.1-13.1Agricultural nonconforming use 36-7-11.1-14Effect of chapter on existing laws

IC 36-7-11.1-1Application of chapter Sec. 1. This chapter applies to each county having a consolidated city.

As added by Acts 1982, P.L.77, SEC.6.

IC 36-7-11.1-2Definitions Sec. 2. As used in this chapter:

"Commission" refers to the historic preservation commission appointed under section 3 of this chapter.

"Historic area" means an area, within the county, declared by resolution of the historic preservation commission to be of historic or architectural significance and designated as a "historic area" by the historic preservation plan. This area may be of any territorial size or configuration, as delineated by the plan, without a maximum or minimum size limitation, and may consist of a single historic property, landmark, structure, or site, or any combination of them, including any adjacent properties necessarily a part of the historic area because of their effect on and relationship to the historic values and character of it.

"Historic preservation plan" means a plan designating one (1) or more historic areas, prepared and setting forth a plan for historic preservation by the historic preservation commission under this chapter, and adopted by the metropolitan development commission as a part of the county's comprehensive plan.

As added by Acts 1982, P.L.77, SEC.6.

IC 36-7-11.1-3Historic preservation commission; appointments; terms; vacancies; salary; officers; procedural rules; quorum; absentee members voting Sec. 3. (a) The executive and the legislative body of the consolidated city shall appoint a commission of nine (9) members to be known as the "__________ Historic Preservation Commission" (including the name of the city).

(b) The following apply to the appointment of members:

(1) The executive shall appoint five (5) members of the commission. The executive:

(A) may select two (2) members from lists of names submitted by the Historic Landmarks Foundation of Indiana and the historical society of the consolidated city's county;

(B) may select one (1) member who is a member of the metropolitan development commission; and

(C) may select one (1) member from a list of names submitted by the local chapter of the American Institute of Architects.

(2) The legislative body shall appoint four (4) members of the commission. The legislative body:

(A) shall select one (1) member who is a resident of a historic area of the consolidated city;

(B) may select one (1) member from lists of names submitted by the Historic Landmarks Foundation of Indiana and the historical society of the consolidated city's county; and

(C) may select one (1) member from a list of names submitted by the local chapter of the American Institute of Architects.

(c) Each appointment to the commission is for a term of four (4) years, commencing on January 1 following the appointment, and until a successor is appointed and is qualified. A member is eligible for reappointment.

(d) If a vacancy occurs in the commission during any term, a successor shall be appointed by the appointing authority to serve for the remainder of the vacated term. Any member of the commission may be removed for cause by the appointing authority. All members must be residents of the county.

(e) The members receive no salary, but are entitled to reimbursement for any expenses necessarily incurred in the performance of their duties.

(f) At its first scheduled meeting each year, the commission shall hold a meeting for the purpose of organization. The commission shall elect from its membership a president, vice president, secretary, and treasurer who shall perform the duties pertaining to those offices. The officers serve from the date of their election until their successors are elected and qualified. The commission may adopt bylaws and rules for the proper conduct of its proceedings, the carrying out of its duties, and the safeguarding of its funds and property. A majority of the members of the commission constitute a quorum, and the concurrence of a majority of the commission is necessary to authorize any action.

(g) A member of the commission is not disqualified from hearing and voting upon any matter coming before the commission because that member owns or occupies property within or adjacent to a historic area, unless that property is the subject property or located within two hundred (200) feet of it.

(h) A member of the commission who is absent from three (3) consecutive regular meetings of the commission shall be treated as if the member had resigned, unless the appointing authority reaffirms the member's appointment. However, the counting of such a member toward a quorum requirement or the voting by such a member does not invalidate any official action taken by the commission before the time that the minutes of the commission reflect that the member has resigned.

As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.88-2009, SEC.11.

IC 36-7-11.1-3.1ExpiredAs added by P.L.88-2009, SEC.12. Expired 7-1-2014 by P.L.88-2009, SEC.12.

IC 36-7-11.1-4Administrator; staff; work program; information; offices and facilities; annual budget Sec. 4. (a) After consulting with the executive of the consolidated city and the director of the department of metropolitan development, the commission may appoint or remove an administrator. The administrator shall, in accordance with the personnel policies and practices of the city, hire and discharge additional staff, following the standards and qualifications established by the commission. No consideration may be given to political affiliation in the selection and tenure of the staff. The commission shall determine the compensation of the administrator and other staff consistent with ordinances of the legislative body adopted under IC 36-3-6-3.

(b) Before December 1 each year, the commission shall adopt a work program defining the activities that are proposed to be carried out by staff during the next calendar year. At least forty-five (45) days before the commission desires to adopt a work program, it shall submit a copy of the proposed work program to the executive of the consolidated city and to the director of the department of metropolitan development. The executive and director shall, within thirty (30) days after submission, review and provide comments to the commission regarding the proposed work program. After comments have been received from the executive and the director and considered by the commission or after thirty (30) days have elapsed from the date of submission (whichever occurs first), the commission shall adopt a work program. Activities carried out during the calendar year must conform to or not substantially depart from the work program. The work program may be modified during the applicable calendar year in the same manner as the adoption of the original work program, except that the executive and the director have only ten (10) days in which to review and comment on the proposed work program modification, and the commission may then immediately adopt a work program modification.

(c) The administrator shall provide information that will allow the director of the department of metropolitan development to coordinate the activities of the department of metropolitan development with the activities of the commission and its staff. In order to achieve consistency in administrative practices and policies between the consolidated city and the staff of the commission, the administrator shall seek the advice and guidance of the director regarding such matters as budgeting and fiscal control, personnel administration, and purchasing.

(d) The commission shall establish and maintain offices and facilities as may be necessary for the performance of its duties, the activities of its staff, and the preservation of its records, documents, and accounts. The location of the offices must be approved by the executive of the consolidated city.

(e) The commission shall prepare and submit annually to the fiscal officer of the consolidated city its estimate of the expenditures required for its operations and fiscal responsibilities for the ensuing fiscal year. The budget of the commission and its staff constitutes a part of the consolidated city budget and shall be determined in accordance with IC 36-3-6, and the county comprises the taxing district for the commission.

As added by Acts 1982, P.L.77, SEC.6.

IC 36-7-11.1-5Powers and duties of commission Sec. 5. (a) The commission may do the following:

(1) Acquire by purchase, gift, grant, bequest, devise, or lease any real or personal property needed for carrying out any of the purposes of this commission. Title to or interest in any real property acquired or held by the commission must be in the name of the consolidated city for the use and benefit of the commission.

(2) Hold, use, sell, lease, rent, or otherwise dispose of any property acquired for use in the carrying out of any of the purposes of the commission at public or private sale and on terms and conditions as the commission considers best, notwithstanding any other law.

(3) Preserve and restore areas and structures of historic or architectural significance.

(4) Conduct research and prepare a countywide comprehensive survey and inventory, and review and evaluate areas, structures, and sites of historic importance in the county for use by planning agencies and governmental officials.

(5) Identify by declaratory resolution areas, structures, and sites in the county having historic or architectural significance, and prepare historic preservation plans for them. The commission may prepare proposed historic district zoning classifications, including proposals for controlling the use and development of any historic area or areas, including standards and restrictions regarding permitted uses, and development, performance, and maintenance standards for public and private structures and sites, and prepare criteria and architectural standards of historical significance.

(6) Submit proposed historic preservation plans to the metropolitan development commission for consideration for adoption as a segment of the comprehensive plan of the county.

(7) After adoption of a historic preservation plan, assist in the plan's administration and implementation, including the issuance of permits and licenses, together with other governmental agencies, and hear and determine applications for certificates of appropriateness as provided in this chapter.

(8) Manage and operate historic structures and areas for any purpose consistent with the applicable historic preservation plan, authorize necessary agents and employees to convey or lease any properties for any purpose or use to further the plan, and do all necessary acts and things incidental to operations, management, and leasing, including charging reasonable admission fees to any of these properties.

(9) Assist other governmental agencies regarding historic preservation, including the development of a state preservation plan as the plan relates to the county, and work with other governmental agencies in the development and carrying out of plans to preserve, restore, and rehabilitate any historic area, including the elimination of blight and deterioration, the demolition and removal of unsafe, unhealthful structures, and the repair and appropriate alteration of structures.

(10) Acquire any properties, structures, or sites for any purpose of the commission by conveyance from the redevelopment commission or from any other person or governmental agency, upon such terms and conditions, and with or without compensation, as may be agreed upon.

(11) Establish and maintain a register of historic properties in the county.

(12) Make any recommendation and reports the commission considers appropriate to the executive of the consolidated city, metropolitan development commission, or other governmental agency concerning historic preservation in the county.

(13) Prepare, publish, present, or distribute, with or without charge, any information, reports, graphic or audiovisual presentations, documents, or other materials relative to historic preservation.

(14) Conduct, attend, or participate in any conferences, presentations, seminars, or programs regarding historic preservation.

(15) Encourage and promote historic preservation, particularly preservation by private means, provide technical assistance to local preservation or historical associations, individuals, or groups, in accordance with the historic preservation plan, and recognize excellence in historic preservation efforts by awarding citations.

(16) Establish citizens advisory councils or special committees regarding historic preservation.

(17) Prescribe the duties and qualifications of its administrator and other staff in accordance with section 4 of this chapter.

(18) Contract with architects, engineers, attorneys, urban planners, or any other consultants in connection with any purpose of the commission, such as the conducting of a survey of historic properties, preparation of proposed plans, ordinances, reports, surveys, drawings, maps of historic areas, or any other project provided in this chapter.

(19) Appoint a hearing officer (who may be a commission member, a member of the staff, or any other person) to hear and determine, on behalf of the commission, applications for certificates of appropriateness.

(20) Prepare and submit an annual budget in the manner prescribed by section 4 of this chapter.

(21) Participate, in conjunction with the consolidated city, in a retirement system for commission employees.

(22) Accept or contract with the consolidated city or with other persons for the furnishing of professional staff or any other services, office facilities, equipment, and supplies to the extent and for compensation as may be agreed upon, with or without compensation, and to receive and expend any funds, grants, or gifts for carrying out any function of the commission under this chapter.

(23) Enter into and carry out contracts with federal or state agencies, subject to the approval of the city executive, regarding grants of financial or other assistance to the county, city, or commission, accept and expend grant money or other assistance, and enter into and carry out contracts with other persons or governmental agencies for any purpose of the commission.

(24) Exercise the powers of a board of zoning appeals in a historic area or historic zoning district, if authorized by a zoning ordinance adopted under IC 36-7-4.

(25) Conduct public hearings required to be held by the metropolitan development commission under the 600 series of IC 36-7-4 relative to territory included in a historic area or historic zoning district, if designated by the metropolitan development commission.

(b) The commission shall provide technical services and advice about historic preservation to the consolidated city when necessary or useful in connection with the planning, development, or redevelopment of the county.

(c) This subsection applies to the sale or disposal of real property by the commission. If the property is sold by acceptance of bids, a bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(1) beneficiary of the trust; and

(2) settlor empowered to revoke or modify the trust.

As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.336-1989(ss), SEC.49; P.L.321-1995, SEC.6.

IC 36-7-11.1-6Proposed historic preservation plans; recommendations; approval proceedings; official markers Sec. 6. (a) The commission shall have its staff prepare proposed historic preservation plans for all appropriate areas of the county. Upon the commission's declaratory resolution of the historic or architectural significance of any area, structure, or site designated in it, the proposed historic preservation plan shall be presented to the metropolitan development commission for public hearing and adoption as a part of the comprehensive plan of the county.

(b) The proposed historic preservation plan must officially designate and delineate historic areas and identify any individual structures or sites in it of particular historic or architectural significance, which structures and sites must be listed on the county register of historic places.

(c) With the designation of a historic structure, the plan may additionally expressly identify and designate the interior, or any interior architectural or structural feature of it, having exceptional historic or architectural significance.

(d) The historic preservation plan may include any of the material listed in IC 36-7-4-503 as it relates to historic preservation. Any plan designating one (1) or more historic areas, and any historic structures and sites located in it, must include a historic and architectural or design analysis supporting the significance of the historic area, general or specific criteria for preservation, restoration, rehabilitation, or development, including architectural and design standards, and a statement of preservation objectives.

(e) In preparing a proposed historic preservation plan, the staff of the commission shall inform, consult, and cooperate with the staff of the department of metropolitan development. In carrying out its planning and redevelopment responsibilities in an area for which a historic preservation plan is being prepared or is in effect, the staff of the department of metropolitan development shall inform, consult, and cooperate with the staff of the commission. To the extent possible, commission staff and department staff shall carry out a joint planning effort relative to proposed historic areas with the resulting information and conclusions relating to historic preservation being placed in the proposed historic preservation plan.

(f) Concurrently or subsequently, the commission may prepare and recommend to the metropolitan development commission, for its initiation, approval, and recommendation to the legislative body for adoption, a historic district zoning ordinance or ordinances to implement the historic preservation plan.

(g) Each historic area or historic zoning district must be of such territorial extent and configuration as will best serve the purposes of this chapter, there being no maximum or minimum size limitations thereon whether applied to single or multiple historic properties or sites, and may include any adjacent area necessarily a part thereof because of its effect upon and relationship to the historic values and character of the area.

(h) The proposed historic preservation plan, if approved and adopted by the metropolitan development commission, constitutes part of the comprehensive plan of the county.

(i) The proceeding for approval of this plan, including notice and hearing requirements, is governed by the same rules and requirements applicable to petitions to the metropolitan development commission for amendment of zoning ordinances and for creation of new district classifications, and by all statutory requirements relative to the metropolitan development commission; however, individual notice of the hearing shall be given each owner of property in any proposed historic area, according to the metropolitan development commission's rules and requirements or, alternatively, the owner's consent to the proposed historical area designation may be obtained and filed with the metropolitan development commission.

(j) Amendments to any historic preservation plan, or any segment of it, shall be made in the same manner as the original plan.

(k) The commission shall receive and consider any pertinent information or exhibits such as historical data, architectural plans, drawings and photographs, regarding any proposed or designated historic area, structure, or site, and any request for historic designation or for the exclusion of any property or structure from any proposed or designated historic area.

(l) The commission may adopt any operating guidelines for the evaluation and designation of historic areas, structures, and sites, so long as they are in conformity with the objectives of this chapter.

(m) Upon the adoption of the historic preservation plan, the commission may at any time identify by appropriate markers any historic areas, structures, and sites designated by the plan, or any historic area properties in the process of restoration under the plan. These markers may be erected on public right-of-ways or, with the consent of the owner, on any subject historic property. These official informational or identification markers, whether permanent or temporary, constitute an exception to any codes and ordinances establishing sign regulations, standards, and permit requirements applicable to the area.

As added by Acts 1982, P.L.77, SEC.6.

IC 36-7-11.1-7Categories of work exempted by historic preservation plan; premature issuance of permits for work Sec. 7. (a) The historic preservation plan may provide that certain categories of work accomplished in the historic area are exempt from the requirement imposed by section 9 of this chapter that a certificate of appropriateness be issued. Categories of work that may be exempted by a historic preservation plan include the construction, reconstruction, alteration, or demolition of a structure or feature. Various historic preservation plans may exempt different categories of work.

(b) After the commission has adopted a declaratory resolution relative to a historic area and presented the historic preservation plan to the metropolitan development commission for adoption or rejection as a segment of the comprehensive plan of the county, no permits may be issued by the department of metropolitan development for the construction, reconstruction, or alteration of any exterior architectural structure or feature in the area or the demolition of any structure or feature in the area until the metropolitan development commission has taken official action on the proposed plan or within ninety (90) days after the date of adoption of the declaratory resolution by the commission, whichever occurs first. If such a permit has been issued before the adoption of a declaratory resolution by the commission, the agency issuing the permit may order that the work allowed by the permit, or a part of the work, be suspended until the metropolitan development commission has adopted or rejected the historic preservation plan.

As added by Acts 1982, P.L.77, SEC.6.

IC 36-7-11.1-8Permits for work; application; certificate of appropriateness Sec. 8. (a) After adoption of the historic preservation plan for any historic area, permits may be issued by the department of metropolitan development for the construction of any structure in the area or the reconstruction, alteration, or demolition of any structure in the area only if the application for the permit is accompanied by a certificate of appropriateness issued under section 10 of this chapter.

(b) Notwithstanding subsection (a), if the historic preservation plan for the historic area specifically exempts certain categories of work involving the construction, reconstruction, alteration, or demolition of structures in that area from the requirement that a certificate of appropriateness be issued, then a permit for the work may be obtained from the department of metropolitan development without the issuance of a certificate of appropriateness.

(c) After the adoption of the historic preservation plan for any area, all governmental agencies shall be guided by and give due consideration to the plan in any official acts affecting the area.

(d) On application by any governmental agency or interested party in accordance with section 9 of this chapter, the commission shall make a determination of the appropriateness of any proposed governmental action affecting a historic area. Any official action in conflict with the plan or determined by the commission to be inappropriate is presumed to be not in the public interest and is subject to the enforcement provisions of section 12 of this chapter.

(e) The commission's determination of appropriateness is a prerequisite to any governmental order or action to alter or demolish any designated historic site or any structure in a historic area. No rezoning or variance applicable to a historic area, or any part of it, may be approved by the metropolitan development commission or granted by a board of zoning appeals, except on the commission's prior issuance of a certificate of appropriateness.

As added by Acts 1982, P.L.77, SEC.6.

IC 36-7-11.1-9Necessity of certificate of appropriateness; filing application; issuance procedure Sec. 9. (a) A person may not construct any exterior architectural structure or feature in any historic area, or reconstruct, alter, or demolish any such exterior or designated interior structure or feature in the area, until the person has filed with the secretary of the commission an application for a certificate of appropriateness in such form and with such plans, specifications, and other material as the commission may from time to time prescribe and a certificate of appropriateness has been issued as provided in this section. However, this chapter does not:

(1) prevent the ordinary maintenance or repair of any such exterior or designated interior architectural structure or feature that does not involve a change in design, color or outward appearance of it;

(2) prevent any structural change certified by the department of metropolitan development as immediately required for the public safety because of a hazardous condition; or

(3) require a certificate of appropriateness for work that is exempted by a historic preservation plan under section 7 of this chapter.

(b) The commission shall hold a public hearing on any application for certificate of appropriateness. At least ten (10) days before the date set for the hearing, notice shall be published in accordance with IC 5-3-1, and notice shall be given additionally to the affected parties in accordance with the commission's rules of procedure.

(c) Upon hearing the application for a certificate of appropriateness, the commission shall determine whether the proposal will be appropriate to the preservation of the area and to the furtherance and development of historic preservation.

(d) In determining appropriateness of any proposed construction, reconstruction, or alteration, the commission shall consider, in addition to any other pertinent factors, the visual compatibility, general design, arrangement, color, texture, and materials in relation to the architectural or other design standards prescribed by the plan or any applicable zoning regulation, the design and character of the historic area, and the architectural factors of other structures in it. In determining appropriateness of any proposed demolition, the commission shall consider, in addition to any other pertinent factors, the character and significance of the subject structure in relation to the historic area and any other structures or sites in it, including its relative contribution to the historic and architectural values and significance of the area.

(e) However, if the commission finds under subsection (d) any application to be inappropriate, but that its denial would result in substantial hardship or deprive the owner of all reasonable use and benefit of the subject property, or that its effect upon the historic area would be insubstantial, the commission shall issue a certificate of authorization, which constitutes a certificate of appropriateness for purposes of this chapter.

(f) Issuance of a certificate of appropriateness is subject to review by the metropolitan development commission as to its appropriateness in relation to the comprehensive plan. This review must be in accordance with the same procedures and limitations applicable to appeals of decisions of boards of zoning appeals, as provided in IC 36-7-4, and must be initiated only upon notice of appeal by the division of planning and zoning certifying that this determination interferes with the comprehensive plan. All proceedings and work on the subject premises under the certificate of appropriateness are automatically stayed upon notice of the appeal.

As added by Acts 1982, P.L.77, SEC.6.

IC 36-7-11.1-10Certificate of appropriateness; determination of commission Sec. 10. (a) If the commission determines that the proposed construction, reconstruction, alteration, or demolition will be appropriate, the secretary of the commission shall forthwith issue to the applicant a certificate of appropriateness.

(b) The commission may impose any reasonable conditions, consistent with the historic preservation plan, upon the issuance of a certificate of appropriateness, including the requirement of executing and recording covenants or filing a maintenance or performance bond. If the commission determines that a certificate of appropriateness should not be issued, the commission shall forthwith place upon its records the reasons for the determination and may include recommendations respecting the proposed construction, reconstruction, alteration, or demolition. The secretary of the commission shall forthwith notify the applicant of the determination transmitting to the applicant an attested copy of the reasons and recommendations, if any, of the commission.

(c) A final determination of the commission upon an application for certificate of appropriateness 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 petition for judicial review, all proceedings and work on the subject premises are automatically stayed.

As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.126-2011, SEC.65.

IC 36-7-11.1-11Hearing officer; powers and duties Sec. 11. (a) A hearing officer designated by the commission may conduct the public hearing provided for in this chapter on applications for a certificate of appropriateness. The commission may limit by rule or resolution the applications that a hearing officer may hear and determine.

(b) The hearing officer shall hold a public hearing under the same notice and procedural requirements as are applicable to a hearing before the commission. After the hearing on an application for a certificate of appropriateness, the hearing officer shall make a determination.

(c) The hearing officer may not issue a certificate of authorization.

(d) The hearing officer shall set forth the reasons for the determination and may impose conditions in accordance with section 10 of this chapter.

(e) The commission shall provide reasonable opportunity by rules for the applicant, any commission member, the administrator, or any interested person to file exceptions to the determination of the hearing officer. If an exception is properly filed, the commission shall hold a de novo hearing and make a determination. If such an exception is not filed, the determination of the hearing officer constitutes the final decision of the commission.

As added by Acts 1982, P.L.77, SEC.6.

IC 36-7-11.1-12Enforcement of chapter, ordinance, and covenants; notice to correct failures or violations Sec. 12. (a) Whenever the commission finds that the owner of property in any historic area has neglected to keep the property and premises in a clean, sanitary, and tidy condition or has failed to maintain any structure in a good state of repair and in a safe condition, the commission may give the owner written notice to correct the failures or violations within thirty (30) days after receipt of notice, and if the owner fails to comply, then the commission may bring appropriate enforcement actions as provided by subsection (b).

(b) The commission, or any enforcement official of the consolidated city designated by the commission, may enforce this chapter, any ordinance adopted under it, and any covenants or conditions required or imposed by the commission by civil action in the circuit or superior court. Any legal, equitable, or special remedy may be invoked, including mandatory or prohibitory injunction or a civil fine. These enforcement actions (except those seeking a civil fine) may also be brought by any interested person or affected owner.

(c) Ordinances adopted under this chapter may provide for penalties for violations, subject to IC 36-1-3-8.

(d) No costs may be taxed against the commission or any of its members in any action.

(e) In actions brought under subsection (b), there may not be changes of venue from the county.

As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.16-1995, SEC.14.

IC 36-7-11.1-13Nonconforming uses Sec. 13. (a) Except as provided in section 13.1 of this chapter, any building, structure, or land use in existence at the time of the adoption of the historic preservation plan that is not in conformity to or within the zoning classification or restrictions or requirements or architectural standards of this plan, shall be considered to be a nonconforming use and may continue, but only so long as the owner or owners continuously maintain this use.

(b) Except as provided in section 13.1 of this chapter, in addition to the requirements pertaining to certificates of appropriateness, the ownership of a nonconforming use is subject to the additional restriction that a nonconforming use may not be reconstructed or structurally altered to an extent exceeding in aggregate cost fifty percent (50%) of the market value thereof unless the structure is changed to a conforming use.

As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.113-1998, SEC.2.

IC 36-7-11.1-13.1Agricultural nonconforming use Sec. 13.1. (a) The definitions used in this section apply only to this section.

(b) As used in this section, "agricultural use" refers to land that is used for:

(1) the production of livestock or livestock products, commercial aquaculture, equine or equine products, poultry or poultry products, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, bees and apiary products, tobacco, or other agricultural crops, in the case of land that was not subject to a comprehensive plan or zoning ordinance before the most recent plan or zoning ordinance, including any amendments, was adopted; or

(2) agricultural purposes as defined in or consistent with a comprehensive plan or zoning ordinance that:

(A) the land was subject to; and

(B) was repealed before the adoption of the most recent comprehensive plan or zoning ordinance, including any amendments.

(c) As used in this section, "agricultural nonconforming use" means the agricultural use of the land is not permitted under the most recent comprehensive plan or zoning ordinance, including any amendments, for the area where the land is located.

(d) An agricultural use of land that constitutes an agricultural nonconforming use may be changed to another agricultural use of land without losing agricultural nonconforming use status.

(e) A county or municipality may not, through the county or municipality's zoning authority, do any of the following:

(1) Terminate an agricultural nonconforming use if the agricultural nonconforming use is maintained for at least any three (3) year period in a five (5) year period.

(2) Restrict an agricultural nonconforming use.

(3) Require any of the following for the agricultural nonconforming use of the land:

(A) A variance for the land.

(B) A special exception for the land.

(C) A special use for the land.

(D) A contingent use for the land.

(E) A conditional use for the land.

(F) A permit for work under section 8 of this chapter.

(G) A certificate of appropriateness.

(f) Notwithstanding subsection (e), this section does not prohibit a county, a municipality, or the state from requiring an agricultural nonconforming use to be maintained and operated in compliance with all:

(1) state environmental and state health laws and rules; and

(2) requirements to which conforming agricultural use land is subject under the county's comprehensive plan or zoning ordinance.

As added by P.L.113-1998, SEC.3. Amended by P.L.106-1999, SEC.3.

IC 36-7-11.1-14Effect of chapter on existing laws Sec. 14. This chapter does not supersede IC 36-7-11.2 or IC 36-7-11.3 and is intended to supplement the following:

(1) IC 36-7-4.

(2) IC 36-7-11.2.

(3) IC 36-7-11.3.

As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.1-1995, SEC.82.

IC 36-7-11.2Chapter 11.2. Meridian Street Preservation

36-7-11.2-1Purpose of chapter 36-7-11.2-2"Bordering property" defined 36-7-11.2-3"Commission" defined 36-7-11.2-4"Department of metropolitan development" defined 36-7-11.2-5"Development commission" defined 36-7-11.2-6"Family" defined 36-7-11.2-7"Interested party" defined 36-7-11.2-8"Meridian Street" defined 36-7-11.2-9"Meridian Street property" defined 36-7-11.2-10"Neighborhood association" defined 36-7-11.2-11"Notice" defined 36-7-11.2-12"Occupant" defined 36-7-11.2-13"Owner" defined 36-7-11.2-14"Person" defined 36-7-11.2-15"Single family or double family residential dwellings" defined 36-7-11.2-16"Society" defined 36-7-11.2-17"Subject property" defined 36-7-11.2-18Establishment of commission 36-7-11.2-19Number of members of commission 36-7-11.2-20Appointment of architect and professional city planner 36-7-11.2-21Appointment of member with knowledge of historic preservation and owner of dwelling on Meridian Street property 36-7-11.2-22Appointment of additional members from lists submitted by neighborhood associations and society 36-7-11.2-23Holding over membership upon expiration of member's term 36-7-11.2-24Death or resignation of member 36-7-11.2-25Service without compensation 36-7-11.2-26Chair 36-7-11.2-27Adoption of rules 36-7-11.2-28Filing and records 36-7-11.2-29Alternate persons on whom notice may be served 36-7-11.2-30Attorney for commission 36-7-11.2-31Regular meetings 36-7-11.2-32Special meetings 36-7-11.2-33Continuance of matters on docket 36-7-11.2-34Evidence required 36-7-11.2-35Quorum 36-7-11.2-36Reasons for disqualification of members from voting on matters; abstention of member 36-7-11.2-37Private deliberations 36-7-11.2-38Written final orders 36-7-11.2-39Temporary orders 36-7-11.2-40Proposed temporary or final orders 36-7-11.2-41Action based on verbal assurances or unwritten agreements 36-7-11.2-42Written agreement required 36-7-11.2-43Requirements of written agreement 36-7-11.2-44Filing of agreement 36-7-11.2-45Voting on agreement 36-7-11.2-46Amended agreement 36-7-11.2-47Abrogation of agreement 36-7-11.2-48Minutes of meetings 36-7-11.2-49Fees 36-7-11.2-50Acceptance of money for administration 36-7-11.2-51Approval for zoning variance 36-7-11.2-52Conditions to be met before petition approval 36-7-11.2-53Prohibited results of variance or ordinance 36-7-11.2-54Notice of filing of petition; referral to commission; reconsideration 36-7-11.2-55Provisions inapplicable to considerations of rezoning matters; procedures 36-7-11.2-56Requirements of petition for zoning variance or for subject property 36-7-11.2-57Additional requirements for petition for amended zoning ordinance for Meridian Street or bordering property 36-7-11.2-58Notice of petition for new or amended zoning ordinance 36-7-11.2-59Prohibited new or altered structures on Meridian Street 36-7-11.2-60Subdivision of Meridian Street property 36-7-11.2-61Conditions for constructing, reconstructing, altering, or demolishing Meridian Street property 36-7-11.2-62Restrictions on owners and occupants of Meridian Street or bordering property 36-7-11.2-63Private right of action with respect to Meridian Street or bordering property 36-7-11.2-64Judicial review 36-7-11.2-65Appeals 36-7-11.2-66Dissolution of commission 36-7-11.2-67Cumulative nature of chapter

IC 36-7-11.2-1Purpose of chapter Sec. 1. (a) The purpose of this chapter is to preserve:

(1) from deterioration;

(2) from improperly conceived or implemented change; and

(3) for the continued health, safety, enjoyment, and general welfare of the citizens of Indiana;

a historic, scenic, esthetically pleasing, and unique part of a street lying within Indianapolis constituting the backbone of a unique residential area.

(b) The general assembly intends, by passage of this chapter, to:

(1) encourage private efforts to maintain and preserve that part of the street and other similar streets and areas in Indiana;

(2) promote orderly and proper land usage; and

(3) preserve significant tourist attractions of historical and economic value in Indiana;

by limiting and restricting unhealthful, unsafe, unaesthetic, or other use of unique areas that would be inconsistent with their character as tourist attractions and with the general welfare of the public.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-1.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-2"Bordering property" defined 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) lies north or south of;

the north or south terminus of Meridian Street.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-3"Commission" defined 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.

IC 36-7-11.2-4"Department of metropolitan development" defined 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.

IC 36-7-11.2-5"Development commission" defined 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.

IC 36-7-11.2-6"Family" defined Sec. 6. (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:

(1) Live-in paid domestic employees.

(2) Not more than two (2) nontransient guests of the household.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-18 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-7"Interested party" defined Sec. 7. 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 Indianapolis.

(5) The department of metropolitan development.

(6) The society.

(7) Each neighborhood association.

(8) Each owner or occupant owning or occupying Meridian Street or bordering property to a depth of two (2) ownerships of the perimeter of the property.

(9) An owner, occupant, or other person having a legal or equitable interest in the subject property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-8"Meridian Street" defined Sec. 8. As used in this chapter, "Meridian Street" means that part of a north-south meridian street in the city of Indianapolis, Marion County, known as Meridian Street, that lies:

(1) north of 40th Street; and

(2) south of Westfield Boulevard;

at the points where the latter two (2) streets intersect with Meridian Street.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-9"Meridian Street property" defined Sec. 9. As used in this chapter, "Meridian Street property" means a parcel of land of which any part lies within one hundred (100) feet due west or east of any part of the right-of-way for Meridian Street.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-10"Neighborhood association" defined Sec. 10. As used in this chapter, "neighborhood association" means each of the following, including any successors whether an incorporated or unincorporated association:

(1) The Butler-Tarkington neighborhood association.

(2) The Meridian Street foundation.

(3) The Meridian-Kessler neighborhood association.

(4) The Riverview-Kessler neighborhood association.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-11"Notice" defined Sec. 11. 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, properly addressed to the person, official, or office. Notice is considered served if mailed in the manner prescribed by this subdivision properly addressed to the following:

(A) The governor, both to the address of the governor's official residence and to the governor's executive office in Indianapolis.

(B) The Indiana department of transportation, to the commissioner.

(C) The department of natural resources, both to the director of the department and to the director of the department's division of historic preservation and archeology.

(D) The department of metropolitan development.

(E) An occupant, to:

(i) the person by name; or

(ii) if the name is unknown, the "Occupant" at the address of the Meridian Street or bordering property occupied by the person.

(F) An owner, to the person by the name shown to be the name of the owner, and at the person's address, as the address appears in the records in the bound volumes of the most recent real estate tax assessment records as the records appear in:

(i) the offices of the township assessors; or

(ii) the office of the county assessor;

in Marion County.

(G) A neighborhood association or the society, to the organization at the latest address as shown in the records of the commission.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83. Amended by P.L.219-2007, SEC.121.

IC 36-7-11.2-12"Occupant" defined Sec. 12. 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 on Meridian Street or bordering property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-13"Owner" defined Sec. 13. As used in this chapter, "owner" means a person who owns a legal or an equitable interest in Meridian Street or bordering property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-14"Person" defined Sec. 14. As used in this chapter, "person" means an individual, a corporation, a partnership, an association, a trust, a governmental body or agency, or other entity, public or private, capable of entering into an enforceable contract.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-15"Single family or double family residential dwellings" defined Sec. 15. As used in this chapter, "single family or double family residential dwellings" means residential structures that:

(1) do not share a common wall with any other residential structures;

(2) were designed and built for occupancy by not more than two (2) separate families; and

(3) contain not more than two (2) separate living quarters.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-16"Society" defined 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.

IC 36-7-11.2-17"Subject property" defined 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) with respect to which there is claimed to be a violation of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-18Establishment of commission Sec. 18. The Meridian Street preservation commission is established.

[1995 Title 14 Recodification Citation: New.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-19Number of members of commission 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-1995 Title 14 Recodification Citation: 14-3-3.2-3(a) part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-20Appointment of architect and professional city planner 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 of appointment is a practicing architect residing in Marion County.

(2) As a Class 2 member, an employee of the department of metropolitan development who is employed by the department at the time as a professional city planner. If the individual ceases to be an employee of the department, the individual is considered to have resigned as a member 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.

IC 36-7-11.2-21Appointment of member with knowledge of historic preservation and owner of dwelling on Meridian Street property 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 preservation.

(2) As a Class 1 member, an owner and occupant of a single or double family residential dwelling situated on Meridian Street property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-3(c).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-22Appointment of additional members from lists submitted by neighborhood associations and society 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 members appointed under this section are classified as follows:

(1) As Class 1 members, the members submitted by the following:

(A) Butler-Tarkington Neighborhood Association.

(B) The Meridian-Kessler Neighborhood Association.

(2) As Class 2 members, the members submitted by the following:

(A) The Meridian Street Foundation.

(B) The Riverview-Kessler Neighborhood Association.

(C) The Indiana historical society.

(b) The successor to a member selected from a list shall be selected from a list of at least two (2) nominees submitted by the same organization.

(c) If:

(1) the term of a member of the commission appointed from a list of nominees submitted by an organization has expired or a member has died or resigned during a term; and

(2) the organization has not submitted a list of nominees for a successor not later than thirty (30) days after the expiration, death, or resignation;

the governor shall immediately appoint an interim member of the commission to serve until the organization submits a list of nominees and an appointment is made.

(d) The governor shall, not later than thirty (30) days after the receipt of a list from an organization, appoint as a member of the commission one (1) of the nominees set forth in the list.

(e) If an organization ceases to exist and is without a successor, the governor shall appoint to the commission in place of the member who would otherwise have been nominated by the organization a person who is an owner and occupant of any Meridian Street or bordering property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-3(d), (f), (g), (h).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-23Holding over membership upon expiration of member's term 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.

IC 36-7-11.2-24Death or resignation of member 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 original appointment.

(b) For purposes of this section, failure to attend three (3) consecutive regular meetings of the commission is considered a resignation.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-3(e).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-25Service without compensation 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.

IC 36-7-11.2-26Chair 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.

IC 36-7-11.2-27Adoption of rules 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 and regulations shall be made available in writing to any person requesting a copy.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-4.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-28Filing and records 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) make available for public inspection;

all records of the commission at the offices of the department of metropolitan development.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-5.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-29Alternate persons on whom notice may be served 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 list of the persons and their addresses.

(b) A person, an official, or an office who or that is not served notice in the manner prescribed by this chapter is not considered properly notified unless the person has waived notice in writing.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-30Attorney for commission 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 Citation: 14-3-3.2-6.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-31Regular meetings 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 (b), the commission shall regularly meet at the designated time, if there is any matter requiring consideration or determination as specified in this chapter.

(b) The commission may designate in the rules and regulations July or August as a vacation month during which the commission will not hold a regular meeting despite the existence of matters requiring consideration or determination. A person desiring the commission to consider or determine any matter that is within the commission's jurisdiction under this chapter must, at least thirty (30) days before a regular meeting date of the commission upon which the person desires the commission to determine or consider the matter, file with the commission a petition that does the following:

(1) Specifies in detail the matter the petitioner desires the commission to consider or determine.

(2) Requests that the matter be placed upon the commission's docket for matters to be considered and determined at the meeting.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-7 part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-32Special meetings 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) The meeting shall be scheduled for a date:

(1) not less than thirty (30); and

(2) not more than forty-five (45);

days after the filing of the petition.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-7 part.]

As added by P.L.1-1995, SEC.83. Amended by P.L.127-2017, SEC.186.

IC 36-7-11.2-33Continuance of matters on docket 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 not more than thirty (30) days following the date of the meeting for which the matter was previously docketed.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-7 part.]

As added by P.L.1-1995, SEC.83. Amended by P.L.127-2017, SEC.187.

IC 36-7-11.2-34Evidence required 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, structural drawings and specifications, landscaping plans, floor plans, elevations, cross-sectional plans, architectural renderings, diagrams, or any other technical or graphic materials.

(2) Additional information concerning the petitioner's or the adverse person's intentions or interest with respect to Meridian Street or bordering property.

(3) Any other additional information that the commission considers relevant to the matters concerning the petition.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-8.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-35Quorum 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 chapter, a majority vote of the members of the commission present and voting is required for the commission to take action.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(a) part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-36Reasons for disqualification of members from voting on matters; abstention of member 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 commission may abstain from voting on a matter if the member states the reasons in the record.

(c) A member of the commission is disqualified from voting if:

(1) the member is an owner or occupant of:

(A) the subject property; or

(B) Meridian Street or bordering property of which a part lies within one hundred (100) feet of the subject property; or

(2) the member is a person described by section 56(a)(2)(D) of this chapter.

(d) If by virtue of the abstention of a member of the commission there is not present at a hearing upon a matter at least six (6) members of the commission able to vote on the matter, the chair shall redocket the matter for a hearing or rehearing at:

(1) the next regular meeting of the commission; or

(2) a special meeting set for a date not more than thirty (30) days following the date of the meeting at which the matter was or was to be heard.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(a) part.]

As added by P.L.1-1995, SEC.83. Amended by P.L.127-2017, SEC.188.

IC 36-7-11.2-37Private deliberations 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, consider conditions proposed to the commission at the hearing by a person, including a commission member, concerning the restrictions, limitations, commitments, or undertakings that might be required by the commission as the condition of a vote favorable to the petitioner.

(c) The commission may:

(1) on the commission's own motion; or

(2) at the request of a person;

before voting on a matter, continue the matter to a future meeting so that the petitioner and a person appearing adverse to the petitioner might privately agree upon the restrictions, limitations, commitments, or undertakings to be proposed to the commission as a condition to a vote by the commission favorable to the petitioner.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(c).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-38Written final orders 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 or affirmative.

(3) The basic facts found by the members whose vote for or against the petitioner determined the matter.

(b) If a tie vote occurs, the petition is considered to be determined adversely to the petitioner, with the members casting a vote adverse to the petitioner considered to be the majority.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(b).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-39Temporary orders 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 determining the matter conditionally, enter a temporary order setting forth the restriction, limitation, commitment, or undertaking.

(b) The commission shall enter a final order approving the petition upon and after a hearing at which the petitioner must satisfy the commission that the restriction, limitation, commitment, or undertaking has been formalized so that an interested party may enforce the restriction, limitation, commitment, or undertaking in a private action.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(d).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-40Proposed temporary or final orders 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 commission a proposed temporary or final order.

(b) A proposed final order must state in detail the basic facts that could have been found by the commission based upon substantial evidence of probative value actually introduced into evidence before the commission at a hearing on the matter.

(c) A proposed temporary order must state the basic facts:

(1) that could have been found by the commission based upon substantial evidence of probative value actually introduced into evidence before the commission at a hearing on the matter; and

(2) upon which the commission could properly have required a restriction, a limitation, a commitment, or an undertaking as a condition to a final affirmative determination of the matter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(e).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-41Action based on verbal assurances or unwritten agreements 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 use or development of the subject property.

(2) A restriction or limitation in the character, nature, or style of a contingent, possible, or proposed use or construction:

(A) for which the person seeks; or

(B) that would be permitted by;

the rezoning, zoning variance, or certificate of appropriateness.

(3) An undertaking concerning the planning, design, or implementation of a contingent or possible use or proposed construction.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(a).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-42Written agreement required 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;

(2) a person described by section 56(a)(2)(D) of this chapter; and

(3) the owner of the land for which the zoning variance or certificate of appropriateness is sought;

to prepare and execute in a form acceptable by the commission and to file with the commission a written agreement notarized by each signatory party.

(b) By the agreement signed under subsection (a) each party agrees for the party and for the party's heirs, successors, and assigns, and for a party with a legal or equitable interest in the subject property, covenants for the party and for a successor to the legal or equitable interest in the property, to be bound by the following:

(1) The restrictions or limitations that the commission has, in furtherance of the intent and purpose of this chapter, specified concerning the future use or development of or construction upon the subject property.

(2) The restrictions or limitations that the commission has, in furtherance of the intent and purpose of this chapter, specified concerning the character, nature, or style of a proposed, contingent, or possible use or construction:

(A) for which the zoning variance or certificate of appropriateness is sought; or

(B) that would be permitted by the zoning variance or certificate of appropriateness.

(3) Undertakings that the commission has, in the furtherance of the intent and purpose of this chapter, required concerning the planning, design, or implementation of a proposed, contingent, or possible use or construction.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(b).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-43Requirements of written agreement 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 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 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.83.

IC 36-7-11.2-44Filing of agreement 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 before the date of the filing, serve in the manner notices must be served under this chapter a copy of the request and the agreement upon the following:

(A) Each neighborhood association.

(B) Each interested party who, not later than five (5) days after the hearing for which the commission entered a temporary order concerning the zoning variance or the certificate of appropriateness sought by the petitioner, filed with the commission a request that the agreement or request be served upon the interested party.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(d).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-45Voting on agreement 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 expressing the commission's approval of the zoning variance or issuance of the certificate of appropriateness as sought by the petitioner.

(b) The commission shall, at the petitioner's expense, immediately file the agreement with the Marion County recorder.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(e) part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-46Amended agreement 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.

(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.83.

IC 36-7-11.2-47Abrogation of agreement 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 accomplishes in a substantial manner any of the purposes of this chapter.

(b) A covenant or agreement is considered abrogated upon dissolution of the commission under section 66 of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(f).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-48Minutes of meetings 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 meeting shall be provided to a person requesting a copy.

(c) An interested party who desires a transcript of a matter heard by the commission may, at the interested party's expense, have a transcript prepared.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-11.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-49Fees 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 filing a petition with the commission shall pay the fee required for the filing to the department of metropolitan development. The department shall pay the fee to the treasurer of the commission.

(c) The department of metropolitan development has no duty regarding the fees collected under this section except those imposed under subsection (b). Fees collected under this section:

(1) do not belong to the consolidated city created under IC 36-3; and

(2) are not subject to any of the following:

(A) IC 5-11-10.

(B) IC 36-2-6.

(C) IC 36-3.

(D) IC 36-4-8.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-12.1.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-50Acceptance of money for administration 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.

IC 36-7-11.2-51Approval for zoning variance 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 may approve the variance only if:

(1) the petition establishes by substantial evidence of probative value the correctness of the conclusions stated in section 53 of this chapter; and

(2) notices of the hearing have been given to all interested parties in the manner required by this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(a).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-52Conditions to be met before petition approval 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 Meridian Street or bordering property;

until the conditions required by section 51 of this chapter have been met.

(b) The following must occur before the development commission may take action under subsection (a):

(1) Notice of the filing of the petition before the development commission has been given by the petitioner to all interested parties not later than ten (10) days after the filing.

(2) The matter has been referred to the commission, which has:

(A) considered the matter applying the standards stated in section 53 of this chapter and made a recommendation to the development commission; or

(B) failed to make a recommendation for one hundred twenty (120) days following the referral of the matter to the commission for the commission's recommendations, unless the time has been extended by the development commission for good cause shown.

(3) A duly advertised public hearing on the matter has been held by the development commission.

(4) The conclusions stated in section 53 of this chapter have been established by substantial evidence of probative value.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(b) part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-53Prohibited results of variance or ordinance 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 residential character of the following:

(A) Meridian Street.

(B) Meridian Street property.

(C) Bordering property lying between Meridian Street property and the property for which the new zoning ordinance, zoning ordinance amendment, or zoning variance is sought.

(2) Affect in an adverse manner the value for single family residential usage of the following:

(A) Meridian Street property.

(B) Bordering property lying between Meridian Street property and the property for which the new zoning ordinance, zoning ordinance amendment, or zoning variance is sought.

(3) Alter or adversely affect, either in inherent nature or method of implementation, the historic or architectural character or style of the area comprised of:

(A) Meridian Street and bordering property; or

(B) the part of the area comprised of the property lying within five hundred (500) feet of the subject property.

(4) If the request is a zoning variance, violate a rule or regulation that the commission has adopted to accomplish the purposes of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(c).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-54Notice of filing of petition; referral to commission; reconsideration 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 Street or bordering property;

is jurisdictional.

(b) Before referral of a matter to the commission, the development commission or other referring body must be satisfied of the following:

(1) That proper notice of the filing of the petition as required by this chapter has been given.

(2) That copies of:

(A) all petitions, exhibits, drawings, pictures, and other documents intended to be offered in support of the proposed new zoning ordinance or amendment to an existing zoning ordinance; and

(B) the contract described by section 56 or 57 of this chapter;

have been made available to the commission without expense to the commission.

(c) If the development commission discovers, upon hearing, substantial departure from, addition to, or modification of materials presented to the commission, the matter shall be remanded to the commission for an additional sixty (60) day period for reconsideration and further recommendation, if any. The commission may, however, take additional evidence that the commission considers necessary for the purpose of making recommendations on the proposed new zoning ordinance or amendment to an existing zoning ordinance.

(d) The development commission or other referring body:

(1) shall thoughtfully consider the recommendations of the commission; and

(2) may overrule or ignore the recommendations only if the recommendations are:

(A) unsupported by substantial evidence; or

(B) contradicted by a clear preponderance of the evidence;

presented before the development commission.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(d).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-55Provisions inapplicable to considerations of rezoning matters; procedures 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 commission by the development commission.

(b) With respect to the matters described in subsection (a), the commission may by rule determine procedures to dispose of the matters within the mandatory one hundred twenty (120) day period.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(e).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-56Requirements of petition for zoning variance or for subject property 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 behalf of the petitioner.

(B) The street address.

(C) The name of the owner of the property.

(D) The full name and address of and the type of business, if any, conducted by:

(i) a person who at the time of the filing is a party to; and

(ii) a person who is a disclosed or an undisclosed principal for whom the party was acting as agent in entering into;

a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement of any kind or nature concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property.

(E) A description of the contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement sufficient to disclose the full nature of the interest of the party or of the party's principal in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.

(F) The date of the regular meeting of the commission at which the petitioner requests the petition be considered and determined.

(G) A detailed description of the proposed use for which the zoning variance is sought.

(H) Other information that the commission requires by rule or regulation.

(b) A petition must be accompanied by the following:

(1) A true copy of each contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement described in the petition.

(2) The maps, plot plans, structural drawings and specifications, landscaping plans, floor plans, elevations, cross-sectional plans, architectural renderings, diagrams, or other technical or graphic materials that the commission requires by rule or regulation.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-14(a).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-57Additional requirements for petition for amended zoning ordinance for Meridian Street or bordering property 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 concerning the petitions generally:

(1) be under oath; and

(2) state the following:

(A) The street address of the Meridian Street or bordering property to which the new zoning ordinance or amendment to an existing zoning ordinance would directly pertain or affect.

(B) The name of each owner of the property.

(C) The name and address of each person, including principals, if any, who at the time of filing is a party to a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement, excluding insurance policies, mortgage deeds, fuel service contracts, and similar documents, concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property. The petition must also describe all businesses in which the persons, jointly or severally, are engaged.

(D) A detailed description of the proposed use for which the new zoning ordinance or amendment of an existing zoning ordinance is sought.

(E) Other information that the development commission requires by rule or regulation.

(b) The petition must be accompanied by the following:

(1) A complete copy of each contract described by subsection (a)(2)(C) or a description of the contract sufficient to disclose the full nature of the interest of the party and principals, if any, in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.

(2) Other documents that the development commission requires by rule or regulation.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-14(b).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-58Notice of petition for new or amended zoning ordinance Sec. 58. (a) A person who has filed a petition under section 56 or 57 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 petitioner.

(B) Each attorney acting for and on behalf of the petitioner.

(2) The street address of the Meridian Street and bordering property for which the petition was filed.

(3) The name of the owner of the property.

(4) The full name and address of, and the type of business, if any, conducted by:

(A) each person who at the time of the filing is a party to; and

(B) each person who is a disclosed or an undisclosed principal for whom the party was acting as agent in entering into;

a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement of any kind or nature concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property.

(5) A description of the contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement sufficient to disclose the full nature of the interest of the party or of the party's principal in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.

(6) A description of the proposed use for which the rezoning or zoning variance is sought, sufficiently detailed to appraise the notice recipient of the true character, nature, extent, and physical properties of the proposed use.

(7) The date of the filing of the petition.

(8) The date, time, and place of the next regular meeting of the commission if a petition is for approval of a zoning variance. If a petition is filed with the development commission, the notice does not have to specify the date of a hearing before the commission or the development commission. However, the person filing the petition shall give ten (10) days notice of the date, time, and place of a hearing before the commission on the petition after the referral of the petition to the commission by the development commission.

(b) For purposes of giving notice to the interested parties who are owners, the records in the bound volumes of the recent real estate tax assessment records as the records appear in:

(1) the offices of the township assessors (if any); or

(2) the office of the county assessor;

as of the date of filing are considered determinative of the persons who are owners.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-15.]

As added by P.L.1-1995, SEC.83. Amended by P.L.219-2007, SEC.122; P.L.146-2008, SEC.719.

IC 36-7-11.2-59Prohibited new or altered structures on Meridian Street Sec. 59. A new structure may not be erected upon a parcel of Meridian Street property or 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 be of a substantially greater density than the average residential density of Meridian Street property lying within one thousand (1,000) feet of the property in question, excluding for purposes of determining the average Meridian Street property used for multiple family residential or commercial purposes.

(2) Appear substantially smaller or larger in size and scale than the average size and scale of the single and double family residential dwellings situated upon Meridian Street property lying within one thousand (1,000) feet of the property in question.

(3) Have a set-back from Meridian Street significantly less than the average set-back of structures facing upon Meridian Street that are situated upon Meridian Street property lying within one thousand (1,000) feet of the property in question.

(4) Have side lots measuring less than fifteen (15) feet from the property line of the subject property to the wall of the structure erected or altered.

(5) If primarily a residential dwelling, have a ground floor area of less than two thousand (2,000) square feet or forty percent (40%) of the total area of the parcel of land upon which the dwelling lies, whichever is less.

(6) Including all other structures upon the parcel, have a total ground floor area greater than fifty percent (50%) of the total area of the parcel of land upon which the structure lies.

(7) Substantially encroach upon the view and exposure of a residential structure on a neighboring property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-16.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-60Subdivision of Meridian Street property Sec. 60. A parcel of Meridian Street 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 Meridian Street or upon an east-west street intersecting with Meridian Street.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-17(a) part.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-61Conditions for constructing, reconstructing, altering, or demolishing Meridian Street property Sec. 61. (a) A person may not construct on Meridian Street property a structure or feature or reconstruct, alter, or demolish Meridian Street property unless the following conditions have been met:

(1) The person has previously filed with the commission an application for a certificate of appropriateness in the form and with the plans, specifications, and other materials that the commission prescribes.

(2) A certificate of appropriateness has been issued by the commission as provided in this section.

(b) After the filing of an application for a certificate of appropriateness, the commission shall determine whether the proposed construction, reconstruction, or alteration of the structure in question:

(1) will be appropriate to the preservation of the area comprised of Meridian Street and bordering property; and

(2) complies with the architectural and construction standards then existing in the area.

(c) In determining appropriateness, the commission shall consider, in addition to other factors that the commission considers pertinent, the historical and architectural style, general design, arrangement, size, texture, and materials of the proposed work and the relation of the proposed work to the architectural factor of other structures in the area. The department of metropolitan development may not issue a permit for the construction, reconstruction, alteration, or demolition of a structure in the area unless the application for the permit is accompanied by a certificate of appropriateness.

(d) The issuance of or refusal to issue a permit is a final determination appealable under section 64 of this chapter. With respect to a certificate of appropriateness, the commission may, by rule or regulation, provide for:

(1) the public hearings;

(2) notice of the hearings; or

(3) the filing of the application for the certificate;

that the commission considers necessary.

(e) Notwithstanding this section, the commission may, by rule or regulation:

(1) define; and

(2) exempt from the application of this section;

specific types and categories of construction, reconstruction, alterations, and demolition for which the commission determines commission action and review are not necessary or desirable to effect the purposes of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-17(a) part, (b), (c), (d).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-62Restrictions on owners and occupants of Meridian Street or bordering property Sec. 62. (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 Meridian Street or bordering property shall do the following:

(1) Permit not more than one (1) family to inhabit a single family dwelling.

(2) Permit not more than two (2) families to inhabit a double family dwelling.

(3) Permit to inhabit a dwelling unit not more than the number of individuals derived by multiplying the total number of bedrooms in the unit by three (3).

(4) Maintain and prevent cleared areas from becoming overgrown.

(5) Permit no trash, scrap, refuse, dead matter, or other debris of any kind to accumulate on the property so as to make:

(A) the property unhealthful, unsightly, or dangerous; or

(B) a residential structure or other structure appurtenant to a residential structure unsuitable for the residential or appurtenant purposes.

(6) Maintain in good repair and appearance all exterior surfaces.

(7) Maintain in good and safe repair all walls, roofs, foundations, ceilings, floors, stairways, or other structures upon the property.

(8) Repair promptly broken windows or panes of glass in a structure upon the property.

(9) Secure from unauthorized access an unused or unoccupied structure upon the property.

(10) Maintain in a safe, habitable condition each residential structure upon the property.

[Pre-1995 Title 14 Recodification Citations: 14-3-3.2-18 part; 14-3-3.2-19.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-63Private right of action with respect to Meridian Street or bordering property Sec. 63. (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 Meridian Street or bordering property:

(A) restrain or enjoin, temporarily or permanently, a person from violating; and

(B) enforce by restraining order or injunction;

this chapter.

(b) The powers described in subsection (a) include the following:

(1) To enforce written commitments, agreements, or covenants made in accordance with or under this chapter.

(2) To prevent and obtain full relief from a threatened or existing violation of section 59, 60, 61, or 62 of this chapter.

(3) To prevent:

(A) a person from seeking or having the benefits of; or

(B) a governmental body from granting;

a rezoning of or zoning variance for Meridian Street or bordering property for which the commission or development commission for rezoning has not granted prior approval in the manner required by this chapter.

(4) To:

(A) prevent construction, reconstruction, alteration, or demolition work upon; and

(B) obtain full relief from work previously done upon;

Meridian Street property for which a certificate of appropriateness was required but was not issued by the commission. A showing that issuance of certificates of appropriateness for the work could not properly have been denied by the commission if a proper application had been made is a complete defense to an action under this subdivision.

(5) To prevent further construction work upon and obtain full relief from construction work previously done upon Meridian Street property that fails in a substantial manner to comply with all the terms and conditions:

(A) of a certificate of appropriateness issued by the commission; or

(B) of the petition and documents filed with the commission upon which the commission is presumed to have based approval of the certificate.

(6) To prevent usage of Meridian Street or bordering property for which a rezoning or zoning variance:

(A) would be required; and

(B) has not been obtained.

(7) To prevent a violation of the terms and conditions of the approval by the commission of a zoning variance as petitioned for and obtained from the commission.

(c) For purposes of obtaining relief sought under this section, it is not necessary to allege or prove irreparable harm or injury to a person or property. A person entitled to bring an action under this section is not required to post a bond unless the court, after a hearing, determines that a bond should be required in the interests of justice. A person who brings an action under this section is not, however, liable to a person for any damages resulting from the bringing or prosecuting of the action unless the action was not brought:

(1) in good faith; or

(2) in the reasonable belief that:

(A) this chapter; or

(B) a commitment, an agreement, or a covenant entered into under section 42 of this chapter;

had been or was about to be violated or breached.

(d) The person against whom an action is brought under subsection (a) is liable to the interested party bringing the action for reasonable attorney's fees and court costs if judgment is entered by the court against the person.

(e) An action arising under this section must be brought in the circuit or superior court of Marion County, and a change of venue from the county is not permitted.

(f) The remedy provided in this section is not exclusive but is cumulative to any other remedies available at law or equity.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-20.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-64Judicial review Sec. 64. 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 petition for judicial review, all proceedings and work on the subject premises are automatically stayed.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-21(a), (b), (c), (d), (f).]

As added by P.L.1-1995, SEC.83. Amended by P.L.126-2011, SEC.66.

IC 36-7-11.2-65Appeals Sec. 65. An appeal may be taken to the court of appeals from the final judgment of the court under section 64 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 in other civil actions.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-21(e).]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-66Dissolution of commission Sec. 66. (a) The city-county legislative body may dissolve the commission under this section. Upon dissolution, this chapter ceases to have any force or effect, except with respect to actions previously commenced under section 62 of this chapter.

(b) At least one hundred fifty (150) owners of Meridian Street property or owners of fifty-one percent (51%) of Meridian Street property, whichever is less, may commence a proceeding to dissolve the commission by presenting a petition to do so to the city-county legislative body and by filing a duplicate of the petition with the commission. For purposes of a petition all of the persons having a legal or equitable interest in one (1) parcel of Meridian Street property are considered in the aggregate to be the single owner. For purposes of a petition one (1) parcel of Meridian Street property is considered to include at least two (2) contiguous parcels if the parcels are owned directly or indirectly by the same person. A person is considered an indirect owner of a contiguous parcel if the parcel is owned as follows:

(1) Jointly with another person.

(2) By the person with the person's spouse in tenancy by the entireties.

(3) Directly or indirectly by the person's spouse.

(4) By a child or grandchild, natural or adopted, unless the child or grandchild is the fee owner and an occupant of the parcel.

(5) By a trust or an estate of which:

(A) the person is a trustee, an executor, or an administrator; or

(B) the person is empowered to direct the disposition of the parcel.

(6) By a partnership of which the person is a limited or general partner.

(7) By a corporation of which:

(A) the person;

(B) the person's spouse;

(C) the person's children or grandchildren, natural or adopted;

(D) a trust or an estate described in subdivision (5); or

(E) a partnership described in subdivision (6);

owns at least fifty percent (50%) of the voting stock.

(c) A petition presented to the city-county legislative body must state fully and precisely the grounds upon which the petitioners rely in seeking dissolution of the commission. The petition must, with respect to each of the petitioning owners, state accurately and completely the following:

(1) The street address and the legal description of the property owned.

(2) The names, addresses, and precise interest in the property of each person who with any other person constitutes the owner for purposes of this section. Each owner must sign the petition and acknowledge the execution before an officer legally entitled to take acknowledgements. If one (1) person signs a petition for or on behalf of another person, the individual signing must establish in a writing filed with the petition the power and authority to act for the person. A writing may include the following:

(A) For a corporation, a certified copy of a resolution by the board of directors specifically authorizing the person to execute the petition.

(B) For an individual, an executed and acknowledged power of attorney.

(C) For a partnership, a certificate of authorization executed and acknowledged by each partner.

(D) For an estate, a certified copy of a court order authorizing the action.

(E) For a trust, a certified copy of the trust instrument showing the authorization.

(d) Not later than ten (10) days after presenting a petition to the city-county legislative body, the petitioning owners shall serve notice of the petition upon all interested parties, except the petitioning owners. For purposes of the notice all parcels of Meridian Street property are considered, in the aggregate, to be the subject property. The notice must specify the following:

(1) The date of presentation.

(2) The names of the petitioning owners.

(3) The street address of the property of which each is the owner.

(e) The city-county legislative body may not consider a petition until more than sixty (60) days have elapsed since the date of presentation and shall at all times make the petition available for examination by any person. The city-county legislative body shall, not less than ten (10) days before the date of the meeting at which the city-county legislative body proposes to consider the petition, do the following:

(1) Give public notice.

(2) Serve notice upon each neighborhood association and the commission.

(f) Before taking action on a petition, the city-county legislative body shall permit the petitioning owners and all parties appearing in opposition to the petition to have a full and adequate hearing.

(g) If the city-county legislative body dissolves the commission by resolution, the action is void unless the following conditions are met:

(1) The petitioning owners have complied fully with this section.

(2) The city-county legislative body's action is based upon a competent, substantial, and convincing showing that the continued existence of the commission and the continued operation of this chapter will not with any likelihood or to any significant degree accomplish purposes for which this chapter was enacted. In taking action the city-county legislative body may not consider testimony, argument, or other showing that continued existence of the commission or continued effectiveness of this chapter promotes or will promote continued single or double family dwelling residential usage of Meridian Street property at the expense of the value the property would or might otherwise have if freed from the restrictions of this chapter on commercial and multiple family residential development or usage of the property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-22.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.2-67Cumulative nature of chapter Sec. 67. 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 an irreconcilable conflict exists, only those parts of the law, ordinance, or code that conflict with this chapter are inapplicable as the parts pertain to the subject matter of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-24.]

As added by P.L.1-1995, SEC.83.

IC 36-7-11.3Chapter 11.3. Municipal Preservation

36-7-11.3-1Purpose of chapter 36-7-11.3-2"Commission" defined 36-7-11.3-3"Development commission" defined 36-7-11.3-4"Family" defined 36-7-11.3-5"Interested party" defined 36-7-11.3-6"Notice" defined 36-7-11.3-7"Occupant" defined 36-7-11.3-8"Owner" defined 36-7-11.3-9"Person" 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 36-7-11.3-15Designation of preservation area 36-7-11.3-16Primary and secondary areas 36-7-11.3-17Size of preservation area 36-7-11.3-18Creation of preservation commission 36-7-11.3-19Members of commission 36-7-11.3-20Term of office 36-7-11.3-21Adoption of rules 36-7-11.3-22Material filed with commission 36-7-11.3-23Notice 36-7-11.3-24Attorney 36-7-11.3-25Regular meetings 36-7-11.3-26Special meetings 36-7-11.3-27Continuance 36-7-11.3-28Evidence filed by person with interests adverse to petitioner 36-7-11.3-29Quorum 36-7-11.3-30Reasons for disqualification of members from voting on matters; abstention of member 36-7-11.3-31Private deliberations; conditions of favorable vote; private agreement on conditions 36-7-11.3-32Final written orders 36-7-11.3-33Temporary orders 36-7-11.3-34Proposed temporary or final orders 36-7-11.3-35Prohibited actions 36-7-11.3-36Written agreement required for zoning variance or certificate of appropriateness 36-7-11.3-37Provisions in agreement 36-7-11.3-38Filing of agreement before hearing; notice 36-7-11.3-39Filing of agreement with county recorder 36-7-11.3-40Amended agreement; dismissal of petition 36-7-11.3-41Abrogation of covenant or agreement 36-7-11.3-42Minutes of meetings 36-7-11.3-43Fees 36-7-11.3-44Money for administration of chapter 36-7-11.3-45Zoning variance; approval by commission 36-7-11.3-46Zoning ordinance pertaining to primary or secondary property prohibited 36-7-11.3-47Prohibited results of zoning ordinance or amendment 36-7-11.3-48Notice of filing of petition; evidence available to commission 36-7-11.3-49Procedures for consideration of zoning matters referred by development commission 36-7-11.3-50Requirements for petition filed by person seeking zoning variance 36-7-11.3-51Requirements for petition filed by person requesting new or amended zoning ordinance affecting primary or secondary property 36-7-11.3-52Notice requirements 36-7-11.3-53Preservation area exemptions 36-7-11.3-54Conditions for erection of new structure on primary property 36-7-11.3-55Subdivision of primary property into lots 36-7-11.3-56Conditions for altering structure or feature on primary property 36-7-11.3-57Restrictions on owners and occupants of primary and secondary property 36-7-11.3-58Powers of interested parties; private right of action to restrain, enjoin, or enforce orders 36-7-11.3-59Judicial review 36-7-11.3-60Appeals 36-7-11.3-61Dissolution of commission 36-7-11.3-62Redefining preservation area 36-7-11.3-63Cumulative nature of chapter

IC 36-7-11.3-1Purpose of chapter Sec. 1. (a) The purpose of this chapter is to preserve:

(1) from deterioration;

(2) from improperly conceived or implemented change; and

(3) for the continued health, safety, enjoyment, and general welfare of the citizens of Indiana;

a historic, scenic, aesthetically pleasing, and unique part of a street lying within a city or town constituting the backbone of a unique residential area.

(b) The general assembly intends, by passage of this chapter, to:

(1) encourage private efforts to maintain and preserve that part of the street and other similar streets and areas in Indiana;

(2) promote orderly and proper land usage; and

(3) preserve significant tourist attractions of historical and economic value in Indiana;

by limiting and restricting unhealthful, unsafe, unaesthetic, or other use of unique areas that would be inconsistent with their character as tourist attractions and with the general welfare of the public.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-1.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-2"Commission" defined 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.

IC 36-7-11.3-3"Development commission" defined 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 preservation area created under this chapter lies.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(i).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-4"Family" defined 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:

(1) Live-in paid domestic employees.

(2) Not more than two (2) nontransient guests of the household.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-18 part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-5"Interested party" defined 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 owner or occupant owning or occupying primary or secondary property to a depth of two (2) ownerships of the perimeter of the property.

(8) An owner, occupant, or other person having a legal or equitable interest in the subject property.

[Pre-1995 Title 14 Recodification Citations: 14-3-3.2-2 part; 14-3-3.2-23(f)(4).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-6"Notice" defined 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, properly addressed to the person, official, or office. Notice is considered served if mailed in the manner prescribed by this subdivision properly addressed to the following:

(A) The governor, both to the address of the governor's official residence and to the governor's executive office in Indianapolis.

(B) The Indiana department of transportation, to the commissioner.

(C) The department of natural resources, both to the director of the department and to the director of the department's division of historic preservation and archeology.

(D) The municipal plan commission.

(E) An occupant, to:

(i) the person by name; or

(ii) if the name is unknown, the "Occupant" at the address of the primary or secondary property occupied by the person.

(F) An owner, to the person by the name shown to be the name of the owner, and at the person's address, as appears in the records in the bound volumes of the most recent real estate tax assessment records as the records appear in:

(i) the offices of the township assessors (if any); or

(ii) the office of the county assessor.

(G) The society, to the organization at the latest address as shown in the records of the commission.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.84. Amended by P.L.219-2007, SEC.123; P.L.146-2008, SEC.720.

IC 36-7-11.3-7"Occupant" defined 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 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-8"Owner" defined 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.

IC 36-7-11.3-9"Person" defined 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: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-10"Primary property" defined Sec. 10. As used in this chapter, "primary property" means property within an area designated as a primary area by the legislative body.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(c) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-11"Secondary property" defined Sec. 11. As used in this chapter, "secondary property" means property within an area designated as a secondary area by the legislative body.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(c) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-12"Single family or double family residential dwellings" defined Sec. 12. As used in this chapter, "single family or double family residential dwellings" means residential structures that:

(1) do not share a common wall with any other residential structures;

(2) were designed and built for occupancy by not more than two (2) separate families; and

(3) contain not more than two (2) separate living quarters.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-13"Society" defined 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.

IC 36-7-11.3-14"Subject property" defined 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 respect of which there is claimed to be a violation of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-15Designation of preservation area 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 preservation area. This chapter applies to the area.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(a).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-16Primary and secondary areas 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) should be preserved from deterioration or destruction in furtherance of the purpose of this chapter because the area:

(A) is; or

(B) contains structures that are;

historically, architecturally, or ecologically significant; and

(2) if not subject to this chapter, is in danger of deterioration or destruction.

(c) The secondary area is an area surrounding the primary area that the legislative body finds after a public hearing to be an area the control of the development or change of which is necessary or desirable to the preservation of the primary area. The legislative body may decide to not designate a secondary area if the legislative body determines that a secondary area is not needed or required to preserve the primary area from deterioration or destruction.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(b) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-17Size of preservation area 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.

IC 36-7-11.3-18Creation of preservation commission 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 name of the city or town in which the area to be preserved is located;

(2) the name of the area to be preserved; or

(3) both;

to the preservation commission.

(b) The commission has the powers and shall exercise the duties prescribed by this chapter for the area.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(d) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-19Members of commission 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 executive.

(2) The executive of the city or the legislative body of the town shall appoint the following:

(A) An architect registered under IC 25-4-1 who is practicing in Indiana.

(B) A professional city planner employed by a planning authority:

(i) of the city;

(ii) if a city planning authority does not exist, of the county; or

(iii) if a county planning authority does not exist, in Indiana.

(C) A landscape architect practicing in Indiana.

(D) A civil engineer certified under Indiana law who is practicing:

(i) in the county in which the area is located; or

(ii) if a civil engineer is not practicing in the county, in Indiana.

(E) Two (2) owners and occupants of residential dwellings in the primary area.

(F) Two (2) individuals from a list of at least four (4) nominees submitted by the society.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(e) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-20Term of office 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.84.

IC 36-7-11.3-21Adoption of rules 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 and regulations shall be made available in writing to any person requesting a copy.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-4.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-22Material filed with commission 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 inspection;

all records of the commission at the offices of the clerk or clerk-treasurer.

[Pre-1995 Title 14 Recodification Citations: 14-3-3.2-5; 14-3-3.2-23(f)(1).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-23Notice 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 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 list of the persons and their addresses.

(c) A person, an official, or an office who or that is not served notice in the manner prescribed by this chapter is not considered properly notified unless the person has waived notice in writing.

[Pre-1995 Title 14 Recodification Citations: 14-3-3.2-2 part; 14-3-3.2-23(g) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-24Attorney 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 Citation: 14-3-3.2-6.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-25Regular meetings 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 (b), the commission shall regularly meet at the designated time if there is any matter requiring consideration or determination as specified in this chapter.

(b) The commission may designate in the rules and regulations July or August as a vacation month during which the commission will not hold a regular meeting despite the existence of matters requiring consideration or determination. A person desiring the commission to consider or determine any matter that is within the commission's jurisdiction under this chapter must, at least thirty (30) days before a regular meeting date of the commission upon which the person desires the commission to determine or consider the matter, file with the commission a petition that does the following:

(1) Specifies in detail the matter the petitioner desires the commission to consider or determine.

(2) Requests that the matter be placed upon the commission's docket for matters to be considered and determined at the meeting.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-7 part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-26Special meetings 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) The meeting shall be scheduled for a date:

(1) not less than thirty (30); and

(2) not more than forty-five (45);

days after the filing of the petition.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-7 part.]

As added by P.L.1-1995, SEC.84. Amended by P.L.127-2017, SEC.189.

IC 36-7-11.3-27Continuance 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 not more than thirty (30) days following the date of the meeting for which the matter was previously docketed.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-7 part.]

As added by P.L.1-1995, SEC.84. Amended by P.L.127-2017, SEC.190.

IC 36-7-11.3-28Evidence filed by person with interests adverse to petitioner 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, structural drawings and specifications, landscaping plans, floor plans, elevations, cross-sectional plans, architectural renderings, diagrams, or any other technical or graphic materials.

(2) Additional information concerning the petitioner's or the adverse person's intentions or interest with respect to primary or secondary property.

(3) Any other additional information that the commission considers relevant to the matters concerning the petition.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-8.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-29Quorum 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 chapter, a majority vote of the members of the commission present and voting is required for the commission to take action.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(a) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-30Reasons for disqualification of members from voting on matters; abstention of member 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 abstain from voting on a matter if the member states reasons in the record.

(c) A member of the commission is disqualified from voting if:

(1) the member is an owner or occupant of:

(A) the subject property; or

(B) primary or secondary property of which a part lies within one hundred (100) feet of the subject property; or

(2) the member is a person described by section 50(a)(2)(D) of this chapter.

(d) If by virtue of the abstention of a member of the commission there is not present at a hearing upon a matter at least six (6) members of the commission able to vote on the matter, the chair shall redocket the matter for a hearing or rehearing at:

(1) the next regular meeting of the commission; or

(2) a special meeting set for a date not more than thirty (30) days following the date of the meeting at which the matter was or was to be heard.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(a) part.]

As added by P.L.1-1995, SEC.84. Amended by P.L.127-2017, SEC.191.

IC 36-7-11.3-31Private deliberations; conditions of favorable vote; private 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 commission shall, before voting, consider conditions proposed to the commission at the hearing by a person, including a commission member, concerning the restrictions, limitations, commitments, or undertakings that might be required by the commission as the condition of a vote favorable to the petitioner.

(c) The commission may:

(1) on the commission's own motion; or

(2) at the request of a person;

before voting on a matter, continue the matter for a vote to a future meeting so that the petitioner and a person appearing adverse to the petitioner might privately agree upon the restrictions, limitations, commitments, or undertakings to be proposed to the commission as a condition to a vote by the commission favorable to the petitioner.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(c).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-32Final written orders 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 or affirmative.

(3) The basic facts found by the members whose vote for or against the petitioner determined the matter.

(b) If a tie vote occurs, the petition is considered to be determined adversely to the petitioner, with the members casting a vote adversely to the petitioner considered to be the majority.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(b).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-33Temporary orders 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 determining the matter conditionally, enter a temporary order setting forth the restriction, limitation, commitment, or undertaking.

(b) The commission shall enter a final order approving the petition upon and after a hearing at which the petitioner must satisfy the commission that the restriction, limitation, commitment, or undertaking has been formalized so that an interested party may enforce the restriction, limitation, commitment, or undertaking in a private action.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(d).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-34Proposed temporary or final orders 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 commission a proposed temporary or final order.

(b) A proposed final order must state in detail the basic facts that could have been found by the commission based upon substantial evidence of probative value actually introduced into evidence before the commission at a hearing on the matter.

(c) A proposed temporary order must state the basic facts:

(1) that could have been found by the commission based upon substantial evidence of probative value actually introduced into evidence before the commission at a hearing on the matter; and

(2) upon which the commission could properly have required a restriction, a limitation, a commitment, or an undertaking as a condition to a final affirmative determination of the matter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(e).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-35Prohibited actions 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 use or development of the subject property.

(2) A restriction or limitation in the character, nature, or style of a contingent, possible, or proposed use or construction:

(A) for which the person seeks; or

(B) that would be permitted by;

the rezoning, zoning variance, or certificate of appropriateness.

(3) An undertaking concerning the planning, design, or implementation of a contingent or possible use or proposed construction.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(a).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-36Written agreement required for zoning variance or certificate of appropriateness 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;

(2) a person described by section 50(a)(2)(D) of this chapter; and

(3) the owner of the land for which the zoning variance or certificate of appropriateness is sought;

to prepare and execute in a form acceptable by the commission and to file with the commission a written agreement notarized by each signatory party.

(b) By the agreement signed under subsection (a) each party agrees for the party and for the party's heirs, successors, and assigns, and for a party with a legal or an equitable interest in the subject property, covenants for the party and for a successor to the legal or equitable interest in the property, to be bound by the following:

(1) The restrictions or limitations that the commission has, in furtherance of the intent and purpose of this chapter, specified concerning the future use or development of or construction upon the subject property.

(2) The restrictions or limitations that the commission has, in furtherance of the intent and purpose of this chapter, specified concerning the character, nature, or style of a proposed, contingent, or possible use or construction:

(A) for which the zoning variance or certificate of appropriateness is sought; or

(B) that would be permitted by the zoning variance or certificate of appropriateness.

(3) Undertakings that the commission has, in the furtherance of the intent and purpose of this chapter, required concerning the planning, design, or implementation of a proposed, contingent, or possible use or construction.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(b).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-37Provisions in agreement 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.

IC 36-7-11.3-38Filing of agreement before hearing; notice 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 before the date of the filing, serve in the manner that notices must be served under this chapter a copy of the request and the agreement upon the following:

(A) Each neighborhood association.

(B) Each interested party who, not later than five (5) days after the hearing for which the commission entered a temporary order concerning the zoning variance or the certificate of appropriateness sought by the petitioner, filed with the commission a request that the agreement or request be served upon the interested party.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(d).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-39Filing of agreement with county recorder 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 expressing the commission's approval of the zoning variance or issuance of the certificate of appropriateness as sought by the petitioner.

(b) The commission shall, at the petitioner's expense, immediately file the agreement with the county recorder.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(e) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-40Amended agreement; dismissal of petition 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.

IC 36-7-11.3-41Abrogation of covenant or agreement 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 accomplishes in a substantial manner any of the purposes of this chapter.

(b) A covenant or an agreement is considered abrogated upon dissolution of the commission under section 61 of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(f).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-42Minutes of meetings 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 meeting shall be provided to a person requesting a copy.

(c) An interested party who desires a transcript of a matter heard by the commission may, at the interested party's expense, have a transcript prepared.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-11.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-43Fees 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 filing a petition with the commission shall pay the fee required for the filing to the clerk or clerk-treasurer. The clerk or clerk-treasurer shall pay the fee to the treasurer of the commission.

(c) The clerk or clerk-treasurer has no duty regarding the fees collected under this section except those imposed under subsection (b). Fees collected under this section:

(1) do not belong to the city or town; and

(2) are not subject to any of the following:

(A) IC 5-11-10.

(B) IC 36-2-6.

(C) IC 36-3.

(D) IC 36-4-8.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-12.1.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-44Money for administration of chapter 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.

IC 36-7-11.3-45Zoning variance; approval by commission 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 approve the variance only if:

(1) the petition establishes by substantial evidence of probative value the correctness of the conclusions stated in section 47 of this chapter; and

(2) notices of the hearing have been given to all interested parties in the manner required by this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(a).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-46Zoning ordinance pertaining to primary or secondary property prohibited 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 secondary property;

until the events described in subsection (b) have occurred.

(b) The following must occur before the development commission may take action under subsection (a):

(1) Notice of the filing of the petition before the development commission has been given by the petitioner to all interested parties not later than ten (10) days after the filing.

(2) The matter has been referred to the commission, which has:

(A) considered the matter applying the standards stated in section 47 of this chapter and made a recommendation to the development commission; or

(B) failed to make a recommendation for a period of one hundred twenty (120) days following the referral of the matter to the commission for the commission's recommendations, unless the time has been extended by the development commission for good cause shown.

(3) A duly advertised public hearing on the matter has been held by the development commission.

(4) The conclusions stated in section 47 of this chapter have been established by substantial evidence of probative value.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(b) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-47Prohibited results of zoning ordinance or amendment 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 residential character of the following:

(A) The primary area.

(B) Primary property.

(C) Secondary property lying between primary property and the property for which the new zoning ordinance, zoning ordinance amendment, or zoning variance is sought.

(2) Affect in an adverse manner the value for single family residential usage of the following:

(A) Primary property.

(B) Secondary property lying between primary property and the property for which the new zoning ordinance, zoning ordinance amendment, or zoning variance is sought.

(3) Alter or adversely affect, either in inherent nature or method of implementation, the historic or architectural character or style of the area comprised of:

(A) primary and secondary property; or

(B) the part of the area comprised of the property lying within five hundred (500) feet of the subject property.

(4) If the request is a zoning variance, violate a rule or regulation that the commission has adopted to accomplish the purposes of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(c).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-48Notice of filing of petition; evidence available to commission 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 or secondary property;

is jurisdictional.

(b) Before referral of a matter to the commission, the development commission or other referring body must be satisfied of the following:

(1) That proper notice of the filing of the petition as required by this chapter has been given.

(2) That copies of:

(A) all petitions, exhibits, drawings, pictures, and other documents intended to be offered in support of the proposed new zoning ordinance or amendment to an existing zoning ordinance; and

(B) the contract described by section 50 or 51 of this chapter;

have been made available to the commission without expense to the commission.

(c) If the development commission discovers, upon hearing, substantial departure from, addition to, or modification of materials presented to the commission, the matter shall be remanded to the commission for an additional sixty (60) day period for reconsideration and further recommendation, if any. The commission may, however, take additional evidence that the commission considers necessary for the purpose of making recommendations on the proposed new zoning ordinance or amendment to an existing zoning ordinance.

(d) The development commission or other referring body:

(1) shall thoughtfully consider the recommendations of the commission; and

(2) may overrule or ignore the recommendations only if the recommendations are:

(A) unsupported by substantial evidence; or

(B) contradicted by a clear preponderance of the evidence;

presented before the development commission.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(d).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-49Procedures for consideration of zoning matters referred by development commission 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 commission by the development commission.

(b) With respect to the matters described in subsection (a), the commission may by rule determine procedures to dispose of the matters within the mandatory one hundred twenty (120) day period.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(e).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-50Requirements for petition filed by person seeking zoning variance 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 behalf of the petitioner.

(B) The street address.

(C) The name of the owner of the property.

(D) The full name and address of and the type of business, if any, conducted by:

(i) a person who at the time of the filing is a party to; and

(ii) a person who is a disclosed or an undisclosed principal for whom the party was acting as agent in entering into;

a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement of any kind or nature concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property.

(E) A description of the contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement sufficient to disclose the full nature of the interest of the party or of the party's principal in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.

(F) The date of the regular meeting of the commission at which the petitioner requests the petition be considered and determined.

(G) A detailed description of the proposed use for which the zoning variance is sought.

(H) Other information that the commission requires by rule or regulation.

(b) A petition must be accompanied by the following:

(1) A true copy of each contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement described in the petition.

(2) The maps, plot plans, structural drawings and specifications, landscaping plans, floor plans, elevations, cross-sectional plans, architectural renderings, diagrams, or any other technical or graphic materials that the commission requires by rule or regulation.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-14(a).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-51Requirements for petition filed by person requesting new or amended zoning ordinance affecting primary or secondary property 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 the petitions generally:

(1) be under oath; and

(2) state the following:

(A) The street address of the primary or secondary property to which the new zoning ordinance or amendment to an existing zoning ordinance would directly pertain or affect.

(B) The name of each owner of the property.

(C) The name and address of each person, including principals, if any, who at the time of filing is a party to a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement, excluding insurance policies, mortgage deeds, fuel service contracts, and similar documents, concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property. The petition must also describe all businesses in which the persons, jointly or severally, are engaged.

(D) A detailed description of the proposed use for which the new zoning ordinance or amendment of an existing zoning ordinance is sought.

(E) Other information that the development commission requires by rule or regulation.

(b) The petition must be accompanied by the following:

(1) A complete copy of each contract described by subsection (a)(2)(C) or a description of the contract sufficient to disclose the full nature of the interest of the party and principals, if any, in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.

(2) Other documents that the development commission requires by rule or regulation.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-14(b).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-52Notice requirements 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 petitioner.

(B) Each attorney acting for and on behalf of the petitioner.

(2) The street address of the primary and secondary property for which the petition was filed.

(3) The name of the owner of the property.

(4) The full name and address of and the type of business, if any, conducted by:

(A) each person who at the time of the filing is a party to; and

(B) each person who is a disclosed or an undisclosed principal for whom the party was acting as agent in entering into;

a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement of any kind or nature concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property.

(5) A description of the contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement sufficient to disclose the full nature of the interest of the party or of the party's principal in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.

(6) A description of the proposed use for which the rezoning or zoning variance is sought, sufficiently detailed to appraise the notice recipient of the true character, nature, extent, and physical properties of the proposed use.

(7) The date of the filing of the petition.

(8) The date, time, and place of the next regular meeting of the commission if a petition is for approval of a zoning variance. If a petition is filed with the development commission, the notice does not have to specify the date of a hearing before the commission or the development commission. However, the person filing the petition shall give ten (10) days notice of the date, time, and place of a hearing before the commission on the petition after the referral of the petition to the commission by the development commission.

(b) For purposes of giving notice to the interested parties who are owners, the records in the bound volumes of the recent real estate tax assessment records as the records appear in:

(1) the offices of the township assessors (if any); or

(2) the office of the county assessor;

as of the date of filing are considered determinative of the persons who are owners.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-15.]

As added by P.L.1-1995, SEC.84. Amended by P.L.219-2007, SEC.124; P.L.146-2008, SEC.721.

IC 36-7-11.3-53Preservation area exemptions 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 use standards applicable to the primary area or primary properties that are appropriate to accomplish the purposes of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(f)(2).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-54Conditions for erection of new structure on primary property 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 be of a substantially greater density than the average residential density of primary property lying within one thousand (1,000) feet of the property in question, excluding for purposes of determining the average primary property used for multiple family residential or commercial purposes.

(2) Appear substantially smaller or larger in size and scale than the average size and scale of the single and double family residential dwellings situated upon primary property lying within one thousand (1,000) feet of the property in question.

(3) Have a set-back from the primary area significantly less than the average set-back of structures facing upon the primary area that are situated upon primary property lying within one thousand (1,000) feet of the property in question.

(4) Have side lots measuring less than fifteen (15) feet from the property line of the subject property to the wall of the structure erected or altered.

(5) If primarily a residential dwelling, have a ground floor area of less than two thousand (2,000) square feet or forty percent (40%) of the total area of the parcel of land upon which the dwelling lies, whichever is less.

(6) Including all other structures upon the parcel, have a total ground floor area greater than fifty percent (50%) of the total area of the parcel of land upon which the structure lies.

(7) Substantially encroach upon the view and exposure of a residential structure on a neighboring property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-16.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-55Subdivision of primary property into lots 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.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-17(a) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-56Conditions for altering structure or feature on primary property 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 appropriateness in the form and with the plans, specifications, and other materials that the commission prescribes.

(2) A certificate of appropriateness has been issued by the commission as provided in this section.

(b) After the filing of an application for a certificate of appropriateness, the commission shall determine whether the proposed construction, reconstruction, or alteration of the structure in question:

(1) will be appropriate to the preservation of the area comprised of primary and secondary property; and

(2) complies with the architectural and construction standards then existing in the area.

(c) In determining appropriateness, the commission shall consider, in addition to other factors that the commission considers pertinent, the historical and architectural style, general design, arrangement, size, texture, and materials of the proposed work and the relation of the proposed work to the architectural factor of other structures in the area. The entity responsible for issuing building permits may not issue a permit for the construction, reconstruction, alteration, or demolition of a structure in the area unless the application for the permit is accompanied by a certificate of appropriateness.

(d) The issuance of or refusal to issue a permit is a final determination appealable under section 59 of this chapter. With respect to a certificate of appropriateness, the commission may, by rule or regulation, provide for:

(1) the public hearings;

(2) notice of the hearings; or

(3) the filing of the application for the certificate;

that the commission considers necessary.

(e) Notwithstanding this section, the commission may, by rule or regulation:

(1) define; and

(2) exempt from the application of this section;

specific types and categories of construction, reconstruction, alterations, and demolition for which the commission determines commission action and review are not necessary or desirable to effect the purposes of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-17(a) part, (b), (c), (d).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-57Restrictions on owners and occupants of primary and secondary property 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 shall do the following:

(1) Permit not more than one (1) family to inhabit a single-family dwelling.

(2) Permit not more than two (2) families to inhabit a double family dwelling.

(3) Permit to inhabit a dwelling unit not more than the number of individuals derived by multiplying the total number of bedrooms in the unit by three (3).

(4) Maintain and prevent cleared areas from becoming overgrown.

(5) Permit no trash, scrap, refuse, dead matter, or other debris of any kind to accumulate on the property so as to make:

(A) the property unhealthful, unsightly, or dangerous; or

(B) a residential structure or other structure appurtenant to a residential structure unsuitable for the residential or appurtenant purposes.

(6) Maintain in good repair and appearance all exterior surfaces.

(7) Maintain in good and safe repair all walls, roofs, foundations, ceilings, floors, stairways, or other structures upon the property.

(8) Repair promptly broken windows or panes of glass in a structure upon the property.

(9) Secure from unauthorized access an unused or unoccupied structure upon the property.

(10) Maintain in a safe, habitable condition each residential structure upon the property.

[Pre-1995 Title 14 Recodification Citations: 14-3-3.2-18 part; 14-3-3.2-19.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-58Powers of interested parties; private right of action to restrain, enjoin, or enforce orders 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) enforce by restraining order or injunction;

this chapter.

(b) The powers described in subsection (a) include the following:

(1) To enforce written commitments, agreements, or covenants made in accordance with or under this chapter.

(2) To prevent and obtain full relief from a threatened or existing violation of section 54, 55, 56, or 57 of this chapter.

(3) To prevent:

(A) a person from seeking or having the benefits of; or

(B) a governmental body from granting;

a rezoning of or zoning variance for primary or secondary property for which the commission or development commission for rezoning has not granted prior approval in the manner required by this chapter.

(4) To:

(A) prevent construction, reconstruction, alteration, or demolition work upon; and

(B) obtain full relief from work previously done upon;

primary property for which a certificate of appropriateness was required but was not issued by the commission. A showing that issuance of certificates of appropriateness for the work could not properly have been denied by the commission if a proper application had been made is a complete defense to an action under this subdivision.

(5) To prevent further construction work upon and obtain full relief from construction work previously done upon primary property that fails in a substantial manner to comply with all the terms and conditions:

(A) of a certificate of appropriateness issued by the commission; or

(B) of the petition and documents filed with the commission upon which the commission is presumed to have based approval of the certificate.

(6) To prevent usage of primary or secondary property for which a rezoning or zoning variance:

(A) would be required; and

(B) has not been obtained.

(7) To prevent a violation of the terms and conditions of the approval by the commission of a zoning variance as petitioned for and obtained from the commission.

(c) For purposes of obtaining relief sought under this section, it is not necessary to allege or prove irreparable harm or injury to a person or property. A person entitled to bring an action under this section is not required to post a bond unless the court, after a hearing, determines that a bond should be required in the interests of justice. A person who brings an action under this section is not, however, liable to a person for any damages resulting from the bringing or prosecuting of the action unless the action was not brought:

(1) in good faith; or

(2) in the reasonable belief that:

(A) this chapter; or

(B) a commitment, an agreement, or a covenant entered into under section 36 of this chapter;

had been or was about to be violated or breached.

(d) The person against whom an action is brought under subsection (a) is liable to the interested party bringing the action for reasonable attorney's fees and court costs if judgment is entered by the court against the person.

(e) An action arising under this section must be brought in the circuit or superior court of the county, and a change of venue from the county is not permitted.

(f) The remedy provided in this section is not exclusive but is cumulative to any other remedies available at law or equity.

[Pre-1995 Title 14 Recodification Citations: 14-3-3.2-20; 14-3-3.2-23(f)(3).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-59Judicial review 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 petition for judicial review, all proceedings and work on the subject premises are automatically stayed.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-21(a), (b), (c), (d), (f).]

As added by P.L.1-1995, SEC.84. Amended by P.L.126-2011, SEC.67.

IC 36-7-11.3-60Appeals 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 in other civil actions.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-21(e).]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-61Dissolution of commission 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 ordinance or resolution if the legislative body in the discretion of the legislative body determines that the commission has failed to accomplish the purpose for which the commission was created.

(b) If the legislative body dissolves the commission, the preservation area ceases to exist and this chapter does not apply.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(h) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-62Redefining preservation area 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 the purposes of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(h) part.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.3-63Cumulative nature of chapter 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 an irreconcilable conflict exists, only those parts of the law, ordinance, or code that conflict with this chapter are inapplicable as the parts pertain to the subject matter of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-24.]

As added by P.L.1-1995, SEC.84.

IC 36-7-11.5Chapter 11.5. Historic Hotel Preservation

36-7-11.5-1Definitions 36-7-11.5-2Application; interlocal agreement 36-7-11.5-3Repealed 36-7-11.5-3.5Orange County development commission 36-7-11.5-3.7Abolition of historic hotel preservation commission established by interlocal agreement; transitional provisions 36-7-11.5-4Repealed 36-7-11.5-5Rules; required meetings 36-7-11.5-6Funds 36-7-11.5-7Powers and responsibilities 36-7-11.5-8Repealed 36-7-11.5-9Repealed 36-7-11.5-10Repealed 36-7-11.5-11West Baden Springs historic hotel preservation and maintenance fund 36-7-11.5-12Repealed 36-7-11.5-13Low interest loans

IC 36-7-11.5-1Definitions 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, "hotel riverboat resort" refers to the historic hotels, the riverboat operated under IC 4-33-6.5, and other properties operated in conjunction with the riverboat enterprise located in Orange County.

(d) As used in this chapter, "qualified historic hotel" refers to a historic hotel that has an atrium that includes a dome that is at least two hundred (200) feet in diameter.

As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007, SEC.282; P.L.114-2022, SEC.29.

IC 36-7-11.5-2Application; interlocal agreement 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 subsection (a) may enter into an interlocal agreement under IC 36-1-7 to establish a historic hotel district under this chapter. The historic hotel district:

(1) may not include any area outside the county of the towns that enter into the interlocal agreement; and

(2) consists solely of the real property that is:

(A) owned by the historic hotels; and

(B) part of the tract of land (as defined in IC 6-1.1-1-22.5) that includes the parcel or parcels of land upon which the historic hotel building is located.

As added by P.L.92-2003, SEC.62.

IC 36-7-11.5-3RepealedAs added by P.L.92-2003, SEC.62. Repealed by P.L.234-2007, SEC.290.

IC 36-7-11.5-3.5Orange County development commission 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 Lick.

(3) An individual appointed by the legislative body of the town of West Baden.

(4) An individual appointed by the legislative body of the town of Paoli.

(5) An individual appointed by the legislative body of the town of Orleans.

(6) A nonvoting member appointed by the governor.

(c) The members of the development commission shall each serve for a term of three (3) years. A vacancy shall be filled for the duration of the term by the original appointing authority.

(d) Each member of the development commission must, before beginning the discharge of the duties of the member's office, do the following:

(1) Take an oath that the member will faithfully execute the duties of the member's office according to Indiana law and rules adopted under Indiana law.

(2) Provide a bond to the state:

(A) for twenty-five thousand dollars ($25,000); and

(B) that is, after being executed and approved, recorded in the office of the secretary of state.

(e) A member of the development commission is not entitled to a salary per diem. However, a member is entitled to reimbursement for travel expenses incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the budget agency.

(f) An individual who is an employee of a county or town described in subsection (b) may not be appointed to the development commission until at least three (3) years after the date the individual's employment with the county or town is terminated.

(g) An individual who is a member of any other board serving a county or town described in subsection (b) may not be appointed to the development commission until at least three (3) years after the date the individual's membership on the board expires.

(h) An individual who is:

(1) employed by the hotel riverboat resort or an affiliated business;

(2) contracted or hired to perform a service for the hotel riverboat resort or an affiliated business; or

(3) engaged in any other form of a business relationship with the hotel riverboat resort or an affiliated business;

may not be appointed to the development commission until at least three (3) years after the date on which the individual's employment or business relationship with the hotel riverboat resort or an affiliated business is terminated.

As added by P.L.234-2007, SEC.283.

IC 36-7-11.5-3.7Abolition of historic hotel preservation commission established by interlocal agreement; transitional provisions 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 development agreement:

(1) entered into by:

(A) the town of French Lick;

(B) the town of West Baden Springs;

(C) Orange County;

(D) the commission; and

(E) Blue Sky Casino, LLC; and

(2) dated July 28, 2005.

(c) Notwithstanding any other law, the commission is abolished on July 1, 2007.

(d) Notwithstanding any other law, the term of office of a member of the commission serving on June 30, 2007, terminates July 1, 2007.

(e) Any balance remaining on June 30, 2007, in the community trust fund established under section 8 of this chapter (before its repeal) is transferred to the Orange County development commission established by section 3.5 of this chapter.

(f) On July 1, 2007, all records and property of the commission are transferred to the Orange County development commission established by section 3.5 of this chapter.

(g) Except as provided in subsection (h), an unfulfilled financial commitment made by the commission is void on July 1, 2007.

(h) The Orange County development commission shall assume the commission's commitments to the French Lick Municipal Airport.

(i) Any part of a local development agreement that requires a town to make payments to a county is void on July 1, 2007.

(j) P.L.234-2007 does not affect the validity of a historic hotel district established in Orange County before January 1, 2007, under section 2 of this chapter.

As added by P.L.220-2011, SEC.663.

IC 36-7-11.5-4RepealedAs added by P.L.92-2003, SEC.62. Repealed by P.L.234-2007, SEC.290.

IC 36-7-11.5-5Rules; required meetings 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 rules must include the time and place of regular meetings and a procedure for the calling of special meetings. Three (3) voting members constitute a quorum of the development commission. No action may be taken by the development commission unless a majority of the voting members appointed to the development commission vote in favor of taking the action.

(c) All meetings of the development commission must be open to the public, and a public record of the development commission's resolutions, proceedings, and actions must be kept.

(d) The development commission shall employ an administrator who shall act as the commission's secretary.

(e) The development commission shall hold regular meetings, at least monthly, except when it has no business pending.

As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007, SEC.284.

IC 36-7-11.5-6Funds 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, disposition, or expenditure of the money or part of the money are subject to examination by the state board of accounts.

As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007, SEC.285.

IC 36-7-11.5-7Powers and responsibilities 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 liaison between the riverboat located in a historic hotel district and the political subdivisions located in Orange County.

(4) Facilitate and coordinate the appropriate development of the historical environment of the towns of French Lick and West Baden.

(5) Establish a grant program to provide financial support to community organizations in Orange County.

(b) The development commission may do the following:

(1) Engage consultants, attorneys, accountants, and other professionals necessary to carry out the development commission's duties.

(2) Award grants and low interest loans to promote economic development through tourism in Orange County.

(c) The development commission shall:

(1) promote economic development through tourism;

(2) attract new business;

(3) improve housing; and

(4) engage in any other activity that promotes the development of Orange County.

As added by P.L.92-2003, SEC.62. Amended by P.L.97-2004, SEC.127; P.L.234-2007, SEC.286.

IC 36-7-11.5-8RepealedAs added by P.L.92-2003, SEC.62. Repealed by P.L.234-2007, SEC.290.

IC 36-7-11.5-9RepealedAs added by P.L.92-2003, SEC.62. Repealed by P.L.234-2007, SEC.290.

IC 36-7-11.5-10RepealedAs added by P.L.92-2003, SEC.62. Amended by P.L.28-2004, SEC.180. Repealed by P.L.234-2007, SEC.290.

IC 36-7-11.5-11West Baden Springs historic hotel preservation and maintenance fund 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 following:

(1) Amounts deposited in the fund under IC 4-33-6.5-6, IC 4-33-12-6 (before the enactment of P.L.96-2010), IC 4-33-13-5(b), IC 6-9-45.5, and IC 6-9-45.6.

(2) Grants and gifts that the department of natural resources receives for the fund under terms, obligations, and liabilities that the department considers appropriate.

(3) The one million dollar ($1,000,000) initial fee paid to the gaming commission under IC 4-33-6.5.

(4) Any amount transferred to the fund upon the repeal of IC 36-7-11.5-8 (the community trust fund).

The fund shall be administered by the department of natural resources. The expenses of administering the fund shall be paid from money in the fund.

(c) The treasurer of state shall invest the money in the fund that is not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. The treasurer of state shall deposit in the fund the interest that accrues from the investment of the fund.

(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

(e) Two million dollars ($2,000,000) is appropriated from the fund to the department of natural resources in each state fiscal year beginning after June 30, 2015. The money appropriated under this subsection may be used by the department of natural resources only for the following purposes:

(1) To reimburse claims made for expenditures for a qualified historic hotel, as determined by the owner of the hotel riverboat resort.

(2) To reimburse claims made for expenditures to maintain:

(A) the grounds surrounding a qualified historic hotel;

(B) supporting buildings and structures related to a qualified historic hotel; and

(C) other facilities used by the guests of the qualified historic hotel;

as determined by the owner of the hotel riverboat resort.

The department of natural resources shall promptly pay each claim for a purpose described in this subsection, without review or approval of the project or claim under IC 14-21 or IC 36-7-11. IC 14-21-1-18 does not apply to projects or claims paid for maintenance under this section. If insufficient money is available to fully pay all of the submitted claims, the department of natural resources shall pay the claims in the order in which they are received until each claim is fully paid.

(f) Notwithstanding IC 4-9.1-1-7, IC 4-12-1-12, IC 4-13-2-18, or any other law, interest accruing to the fund may not be withheld, transferred, assigned, or reassigned to a purpose other than the reimbursement of claims under subsection (e).

As added by P.L.92-2003, SEC.62. Amended by P.L.97-2004, SEC.128; P.L.234-2007, SEC.287; P.L.96-2010, SEC.5; P.L.229-2011, SEC.266; P.L.255-2015, SEC.64; P.L.293-2019, SEC.47.

IC 36-7-11.5-12RepealedAs added by P.L.234-2007, SEC.288. Repealed by P.L.114-2022, SEC.30.

IC 36-7-11.5-13Low interest loans 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, SEC.289.

IC 36-7-11.9Chapter 11.9. Economic Development and Pollution Control; Definitions

36-7-11.9-1Application of definitions 36-7-11.9-2"Developer" 36-7-11.9-3"Economic development facilities" 36-7-11.9-4Repealed 36-7-11.9-5"Financing" 36-7-11.9-6"Financing agreement" 36-7-11.9-7"Lender" 36-7-11.9-8"Pollution" 36-7-11.9-9"Pollution control facilities" 36-7-11.9-9.3"Taxable bonds" 36-7-11.9-9.7"Tax-exempt bonds" 36-7-11.9-10"User"

IC 36-7-11.9-1Application of definitions 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.

IC 36-7-11.9-2"Developer" 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 facilities financed.

As added by P.L.20-1985, SEC.14.

IC 36-7-11.9-3"Economic development facilities" 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; equipment; and furnishings for the following:

(1) Facilities for manufacturing, warehousing, distribution, or processing of tangible or intangible property.

(2) Facilities for commercial, business, health care, or recreational activities (whether for profit or not-for-profit), except for any of the following:

(A) Private or commercial golf course.

(B) Country club.

(C) Massage parlor.

(D) Tennis club.

(E) Skating facility (including roller skating, skateboarding, or ice skating).

(F) Racquet sports facility (including any handball or racquetball court).

(G) Hot tub facility.

(H) Suntan facility.

(I) Racetrack.

(J) Airplane.

(K) Skybox or other private luxury box.

(L) Health club.

(M) Any facility primarily used for gambling.

(N) Any store the principal business of which is the sale of alcoholic beverages for consumption off premises.

(3) Facilities for housing under either or both of the following statutes:

(A) IC 36-7-14-52.

(B) IC 36-7-14-56.

As added by P.L.20-1985, SEC.14. Amended by P.L.2-1987, SEC.50; P.L.25-1987, SEC.42; P.L.131-2008, SEC.53; P.L.90-2024, SEC.4.

IC 36-7-11.9-4RepealedAs added by P.L.20-1985, SEC.14. Repealed by P.L.25-1987, SEC.60.

IC 36-7-11.9-5"Financing" Sec. 5. "Financing" includes the activities listed in IC 36-7-12-18.

As added by P.L.20-1985, SEC.14.

IC 36-7-11.9-6"Financing agreement" 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 possession.

As added by P.L.20-1985, SEC.14.

IC 36-7-11.9-7"Lender" 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 insurance company, credit union, or mortgage loan company.

As added by P.L.20-1985, SEC.14. Amended by P.L.79-1998, SEC.107.

IC 36-7-11.9-8"Pollution" 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.

IC 36-7-11.9-9"Pollution control facilities" 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 abatement, reduction, or prevention of pollution, or for the removal or treatment of any substances in materials being processed that otherwise would cause pollution when used. This includes the following:

(1) Coal washing, coal cleaning, or coal preparation facilities designed to reduce the sulfur and ash levels of Indiana coal.

(2) Coal-fired boiler facilities designed to reduce emissions while burning Indiana coal.

(3) Pollution control equipment to allow for the environmentally sound use of Indiana coal.

As added by P.L.20-1985, SEC.14. Amended by P.L.25-1987, SEC.43.

IC 36-7-11.9-9.3"Taxable bonds" 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.

IC 36-7-11.9-9.7"Tax-exempt bonds" 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.

IC 36-7-11.9-10"User" 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.

IC 36-7-12Chapter 12. Economic Development and Pollution Control

36-7-12-1Application of chapter 36-7-12-2Repealed 36-7-12-3Declaration of public purpose 36-7-12-4Economic development departments and commissions; creation 36-7-12-5Second and third class cities; commission members; appointment; terms of office 36-7-12-6Towns; commission members; appointment; terms of office 36-7-12-7Counties; commission members; appointment; terms of office 36-7-12-8Consolidated cities; commission members; appointment; terms of office 36-7-12-9Commissioners; selection and nomination; successors in office 36-7-12-10Commissioners; failure to nominate; vacancies 36-7-12-11Commissioners; oaths; certificates of appointment 36-7-12-12Organizational meetings; officers 36-7-12-13Commissions; rules; meetings; quorum; approval of actions; records 36-7-12-14Removal of commissioners from office 36-7-12-15Commissioners; expenses and per diem 36-7-12-16Pecuniary interest of commissioner in matters considered by commission 36-7-12-17Commissions; investigatory duties 36-7-12-18Powers of units 36-7-12-18.5Bonding powers 36-7-12-19Special tax levy; transfer of money to department of economic development; adoption and submission of proposed budget 36-7-12-20Use of funds; procedures for letting contracts; employees' bonds 36-7-12-21Negotiation of financing terms; adverse competitive effect studies; preliminary expenses 36-7-12-22Applicability of zoning laws; consent necessary for financing of facilities 36-7-12-23Evaluative report; exception 36-7-12-24Hearing on proposed financing of facilities; approval by commission 36-7-12-25Approval of proposed financing by unit; authorization bond issuance; approval of changes 36-7-12-26Financing agreements; terms 36-7-12-27Bonds, notes, or warrants; issuance; terms and procedure; findings of fact concerning coal gasification powerplant 36-7-12-27.5Legal representation of commission; conflict of interest; offense 36-7-12-28Trust indentures securing bonds 36-7-12-29Application of bond proceeds 36-7-12-30Refunding bonds 36-7-12-31Bonds, notes, warrants, proceeds, and interest; exemption from state taxes 36-7-12-32Repealed 36-7-12-32.1Exemption from securities registration 36-7-12-33Property taxes; liability and exemptions 36-7-12-34Payments received by units; exemption from tax 36-7-12-35Responsibility for construction approval 36-7-12-36Commissions; annual reports 36-7-12-37Repealed 36-7-12-38Repealed 36-7-12-39Validation of prior authorized bonds