Sec. 48. (a) Notice of:

(1) the filing of a petition with the commission for approval of a proposed use variance; and

(2) the filing of a petition with the development commission for approval of an amendment or the adoption of a zoning ordinance pertaining or applying to primary or secondary property;

is jurisdictional.

(b) Before referral of a matter to the commission, the development commission or other referring body must be satisfied of the following:

(1) That proper notice of the filing of the petition as required by this chapter has been given.

(2) That copies of:

(A) all petitions, exhibits, drawings, pictures, and other documents intended to be offered in support of the proposed new zoning ordinance or amendment to an existing zoning ordinance; and

(B) the contract described by section 50 or 51 of this chapter;

have been made available to the commission without expense to the commission.

(c) If the development commission discovers, upon hearing, substantial departure from, addition to, or modification of materials presented to the commission, the matter shall be remanded to the commission for an additional sixty (60) day period for reconsideration and further recommendation, if any. The commission may, however, take additional evidence that the commission considers necessary for the purpose of making recommendations on the proposed new zoning ordinance or amendment to an existing zoning ordinance.

(d) The development commission or other referring body:

(1) shall thoughtfully consider the recommendations of the commission; and

(2) may overrule or ignore the recommendations only if the recommendations are:

(A) unsupported by substantial evidence; or

(B) contradicted by a clear preponderance of the evidence;

presented before the development commission.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(d).]

As added by P.L.1-1995, SEC.84.