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Indiana Code Title 36. Local Government § 36-7-4-1109.3

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 1109.3. (a) This section applies if:

(1) a zoning ordinance establishes a time within which an applicant must obtain a permit or commence or complete a permitted use;  and

(2) the local authority's decision to grant the applicant the permit is appealed.

(b) The time specified in the zoning ordinance for:

(1) commencing a permitted use is tolled to allow the permitted use to be commenced:

(A) upon the start of actual construction of the use as approved;  and

(B) not later than two (2) years after the date of the final disposition of all appeals of the permitting authority's decision;  and

(2) completing a permitted use may not begin to run until actual construction has started.

Any zoning ordinance to the contrary is invalid or unenforceable.

(c) Upon approval of a permit, the approved permitted use constitutes a lawful use:

(1) while an appeal of the local authority's decision approving the permit is pending;  and

(2) that may not be affected by any subsequently adopted zoning provisions.

If approval of the permit is upheld on final appeal, the permitted use shall be allowed to be commenced within the extended two (2) year period set forth in subsection (b).

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-4-1109.3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-4-1109-3/

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