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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 223. (a) This section does not apply to the preparation or adoption of a comprehensive plan under the 500 series of this chapter.
(b) A member of a plan commission or a legislative body is disqualified and may not participate as a member of the plan commission or legislative body in a hearing or recommendation of that commission or body concerning a legislative act as described in section 1016 of this chapter in which the member has a direct or indirect financial interest. The commission or body shall enter in its records the fact that its member has such a disqualification.
(c) A member of a plan commission is disqualified and may not participate in a hearing of that commission concerning a zoning decision as described in section 1016 of this chapter if:
(1) the member is biased or prejudiced or otherwise unable to be impartial; or
(2) the member has a direct or indirect financial interest in the outcome of the zoning decision.
(d) The plan commission shall enter in the plan commission's records:
(1) the fact that a regular member has a disqualification under subsection (c); and
(2) the name of the alternate member, if any, who participates in the hearing in place of the regular member.
(e) A member of a plan commission or a legislative body may not directly or personally represent another person in a hearing before that commission or body concerning a zoning decision or a legislative act.
(f) A member of a plan commission may not receive any mileage or compensation under section 222.5 of this chapter for attendance at a meeting if the member is disqualified under this section from participating in the entire meeting.
Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-4-223 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-4-223/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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