Indiana § 36-7-11.3-36 Written agreement required for zoning variance or certificate of
appropriateness

Indiana Statutes

§ 36-7-11.3-36 — Written agreement required for zoning variance or certificate of appropriateness

Indiana § 36-7-11.3-36

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 11.3Municipal Preservation

This text of Indiana § 36-7-11.3-36 (Written agreement required for zoning variance or certificate of appropriateness) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-7-11.3-36 (2026).

Text

(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, c

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(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).]