reglab/housing_qa huggingface dataset:
IN Code § 36-7-11.3-25 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-25. Regular 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.
IN Code § 36-7-11.3-26 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-26. Special 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.
IN Code § 36-7-11.3-27 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-27. Continuance

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.
IN Code § 36-7-11.3-28 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-28. Evidence 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.
IN Code § 36-7-11.3-29 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-29. Quorum

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.
IN Code § 36-7-11.3-30 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-30. Reasons 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.
IN Code § 36-7-11.3-31 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-31. Private 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.
IN Code § 36-7-11.3-32 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-32. Final 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.
IN Code § 36-7-11.3-33 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-33. Temporary 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.
IN Code § 36-7-11.3-34 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-34. Proposed 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.
IN Code § 36-7-11.3-35 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-35. Prohibited 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.
IN Code § 36-7-11.3-36 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-36. Written 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.
IN Code § 36-7-11.3-37 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-37. Provisions 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.
IN Code § 36-7-11.3-38 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-38. Filing 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.
IN Code § 36-7-11.3-39 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-39. Filing 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.
IN Code § 36-7-11.3-40 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-40. Amended 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.
IN Code § 36-7-11.3-41 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-41. Abrogation 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.
IN Code § 36-7-11.3-42 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-42. Minutes 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.
IN Code § 36-7-11.3-43 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-43. Fees

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.
IN Code § 36-7-11.3-44 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-44. Money 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.
IN Code § 36-7-11.3-45 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-45. Zoning 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.
IN Code § 36-7-11.3-46 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 11.3. Municipal Preservation|36-7-11.3-46. Zoning 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.