Indiana Code 36-7-11.3-30. Reasons for disqualification of members from voting on matters; abstention of member
(1) owns or occupies primary or secondary property; or
Terms Used In Indiana Code 36-7-11.3-30
- commission: refers to a preservation commission created under this chapter. See Indiana Code 36-7-11.3-2
- occupant: means a person:
Indiana Code 36-7-11.3-7
- owner: means a person who owns a legal or an equitable interest in primary or secondary property. See Indiana Code 36-7-11.3-8
- 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
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- secondary property: means property within an area designated as a secondary area by the legislative body. See Indiana Code 36-7-11.3-11
- subject property: means primary or secondary property or existing or proposed construction on the property:
Indiana Code 36-7-11.3-14
(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.