reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11. Historic Preservation Generally › 36-7-11-22. Removal of Classifications in Certain Counties

Sec. 22. (a) This section applies only to a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).
(b) Notwithstanding any other provision, in the case of a building or structure owned by a political subdivision that is classified by a commission as historic and for which the classification is approved by the legislative body of the unit that established the commission, the commission may remove the historic classification of the building or structure without the adoption of an ordinance by the legislative body of the unit if the commission determines that removal of the classification is in the best interest of the unit and the political subdivision.
As added by P.L.158-2001, SEC.4. Amended by P.L.119-2012, SEC.202; P.L.104-2022, SEC.183.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.1. Historic Preservation in Marion County › 36-7-11.1-2. Definitions

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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.1. Historic Preservation in Marion County › 36-7-11.1-7. Categories 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.1. Historic Preservation in Marion County › 36-7-11.1-8. Permits 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.1. Historic Preservation in Marion County › 36-7-11.1-10. Certificate 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.1. Historic Preservation in Marion County › 36-7-11.1-11. Hearing 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.1. Historic Preservation in Marion County › 36-7-11.1-12. Enforcement 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.1. Historic Preservation in Marion County › 36-7-11.1-13. Nonconforming 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.1. Historic Preservation in Marion County › 36-7-11.1-13.1. Agricultural 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.1. Historic Preservation in Marion County › 36-7-11.1-14. Effect 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-1. Purpose 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-19. Number 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-20. Appointment 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-21. Appointment 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-22. Appointment 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-23. Holding 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-24. Death 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-25. Service 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-26. Chair

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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-27. Adoption 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-28. Filing 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-29. Alternate 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-30. Attorney 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-31. Regular 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-32. Special 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-33. Continuance 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-34. Evidence 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-35. Quorum

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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-36. Reasons 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-37. Private 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-38. Written 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-39. Temporary 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-40. Proposed 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-41. Action 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 11.2. Meridian Street Preservation › 36-7-11.2-42. Written 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.