Indiana Code 36-7-11.3-35. Prohibited actions
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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:
(2) A restriction or limitation in the character, nature, or style of a contingent, possible, or proposed use or construction:
(1) A future use or development of the subject property.
Terms Used In Indiana Code 36-7-11.3-35
- commission: refers to a preservation commission created under this chapter. See Indiana Code 36-7-11.3-2
- 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. See Indiana Code 36-7-11.3-9
- subject property: means primary or secondary property or existing or proposed construction on the property:
Indiana Code 36-7-11.3-14
(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.