SB 201-1_ Filed 04/23/2003, 09:37
Adopted 4/24/2003
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 201
Citations Affected:
IC 36-7-4.
Synopsis: Land use. Specifies that review of a land use decision of a legislative body or the
board of zoning appeals by certiorari is initiated by filing a petition with the court. Sets forth the
persons that a remonstrator must notify of the filing of a petition for writ of certiorari. Provides
that an adverse party is not required to be named as a party to the petition for writ of certiorari.
Provides that a person who is not an elected official may serve on an advisory plan commission,
which is created by joinder agreement, to fill the vacancy of a commission member who also a
member of a local legislative body, if no member of the local legislative body will accept
appointment to the commission.
(This conference committee report removes a provision that
allows a county building authority to sell revenue bonds at a private or negotiated sale.
Makes a stylistic change to the provision concerning membership on an advisory plan
commission created by joinder agreement.)
Effective: July 1, 2003.
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 201 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 36-7-4-1003; (03)CC020102.1.1. -->
SECTION 1.
IC 36-7-4-1003
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1003. (a) Each decision
of the legislative body under section 918.6 of this chapter or the board
of zoning appeals is subject to review by certiorari. Each person
aggrieved by a decision of the board of zoning appeals or the legislative
body may
present, to file with the circuit or superior court of the
county in which the premises affected are located, a verified petition
setting forth that the decision is illegal in whole or in part and
specifying the grounds of the illegality. No change of venue from the
county in which the premises affected are located may be had in any
cause arising under this section.
(b) ADVISORY. The person shall
present file the petition
to with the
court within thirty (30) days after the date of that decision of the board
of zoning appeals.
(c) AREA. The person shall
present file the petition
to with the court
within thirty (30) days after the
entry date of that decision of the board
of zoning appeals.
(d) METRO. The person shall
present file the petition
to with the
court after the expiration of the period within which an official
designated by the metropolitan development commission may file an
appeal under section 922 of this chapter but within thirty (30) days
after the date of that decision of the board of zoning appeals. However,
if the official files an appeal, then only the decision of the metropolitan
development commission sitting as a board of zoning appeals is subject
to review by certiorari, in accordance with this section. The official or
department of metropolitan development may not seek review by
certiorari of a decision of a board of zoning appeals or the commission
sitting as a board of zoning appeals.
SOURCE: IC 36-7-4-1005; (03)CC020102.1.2. -->
SECTION 2.
IC 36-7-4-1005
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1005. (a) On filing a
petition for a writ of certiorari with the clerk of the court, the petitioner
for the writ of certiorari shall give notice of the petition as follows:
(1) If the petitioner is the applicant or petitioner for the use,
special exception, or variance, the petitioner shall have a notice
served by the sheriff of the county on each adverse party as shown
by the record of the case in the office of the board of zoning
appeals.
(2) If the petitioner is not the applicant for the use, special
exception, or variance and is a person aggrieved by the
decision of a board of zoning appeals as set forth in section
1003 of this chapter, the petitioner shall have a notice served
by the sheriff of the county on:
(A) each applicant or petitioner for the use, special exception,
or variance; and
(B) each owner of the property that is the subject of the
application or petition for the use, special exception, or
variance.
The service of the notice by the sheriff on the chairman or secretary of
the board of zoning appeals constitutes notice of the filing of the
petition to the board of zoning appeals, to the municipality or county,
and to any municipal or county official or board charged with the
enforcement of the zoning ordinance. No other summons or notice is
necessary when filing a petition.
(b) An adverse party under this section is any property owner whose
interests are opposed to the petitioner for the writ of certiorari and who
appeared at the hearing before the board of zoning appeals either in
person or by a written remonstrance or other document that is part of
the hearing record. If the petitioner was an unsuccessful appellant in
the administrative appeal, or an unsuccessful petitioner or applicant for
a variance, special exception, or special or conditional use, and the
record shows a written remonstrance or other document opposing the
interest of the petitioner that contains more than three (3) names, the
petitioner shall have notice served on the three (3) property owners
whose names appear first on the remonstrance or document. Notice to
the other persons named is not required.
(c) Notice given under subsection (a) must state:
(1) that a petition for a writ of certiorari, asking for a review of the
decision of the board of zoning appeals, has been filed in the court;
(2) the premises affected; and
(3) the date of the decision.
(d) An adverse party who is entitled to notice of a petition for
writ of certiorari under subsection (a) is not required to be named
as a party to the petition for writ of certiorari.
SOURCE: IC 36-7-4-1006; (03)CC020102.1.3. -->
SECTION 3.
IC 36-7-4-1006
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1006. On presentation
of a petition for a writ of certiorari, The court shall direct the board of
zoning appeals, within twenty (20) days after the date of the petition is
filed, to show cause why a writ of certiorari should not issue. If the
board fails to show to the satisfaction of the court that a writ should not
issue, then the court may allow a writ of certiorari directed to the board.
The writ must prescribe the time in which a return shall be made to it.
This time must not be less than ten (10) days from the date of issuance
of the writ, and the court may extend the time.
SOURCE: IC 36-7-4-1210.6; (03)CC020102.1.4. -->
SECTION 4.
IC 36-7-4-1210.6
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Sec. 1210.6. (a) ADVISORY. This
section applies to an advisory plan commission that is:
(1) created through a joinder agreement; and
(2) composed of nine (9) members, some of whom are
appointed from a legislative branch of local government.
(b) Notwithstanding any other provision, if:
(1) there is a vacancy in the membership of a plan commission
that is required by statute to be filled by a member of a
legislative body of local government; and
(2) no member of the legislative body of local government will
accept an appointment to fill the vacancy;
the appointing authority may appoint a person from the
community who is not an elected official to serve on the advisory
plan commission for a term of one (1) year.
(c) The person appointed under subsection (b) may be
reappointed to successive terms.
(Reference is to ESB 201 as reprinted April 11, 2003.)
Conference Committee Report
on
Engrossed Senate Bill 201
Text Box
S
igned by:
____________________________ ____________________________
Senator ClarkRepresentative Stevenson
Chairperson
____________________________ ____________________________
Senator DembowskiRepresentative Hinkle
Senate Conferees House Conferees