reglab/housing_qa huggingface dataset:
IN Code § 36-7-4-1609 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1609. Petition for Order Staying Zoning Decision Pending Review

Sec. 1609. (a) A person seeking judicial review may seek, by filing a verified petition, an order of the court staying the zoning decision pending review by the court. The court may enter an order staying the zoning decision pending a final determination if:(1) the court finds that the petition for review and the petition for a stay order show a reasonable probability that the zoning decision appealed from is invalid or illegal; and(2) a bond is filed that is conditioned upon the due prosecution of the proceeding for review and that the petitioner will pay all court costs and abide by the zoning decision if it is not set aside. The bond must be in the amount and with the surety approved by the court. However, the amount of the bond must be at least five hundred dollars ($500).(b) If a petition for review concerns a revocation or suspension of a previously approved variance, exception, or use, any stay ordered under subsection (a) is effective during the period of the review and any appeal from the review and until the review is finally determined, unless otherwise ordered by the court granting the stay. If the stay is granted as provided in this section and the zoning decision is approved on final determination, the revocation or suspension of the variance, exception, or use immediately becomes effective.As added by P.L.126-2011, SEC.56.
IN Code § 36-7-4-1610 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1610. Review of Issue Not Previously Raised

Sec. 1610. A person may obtain judicial review of an issue that was not raised before the board, only to the extent that:(1) the issue concerns whether a person who was required to be notified by this chapter or other law of a board hearing was notified in substantial compliance with this chapter or other law; or(2) the interests of justice would be served by judicial resolution of an issue arising from a change in controlling law occurring after the zoning decision.As added by P.L.126-2011, SEC.57.
IN Code § 36-7-4-1611 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1611. Review of Facts Confined to Record

Sec. 1611. Judicial review of disputed issues of fact must be confined to the board record for the zoning decision supplemented by additional evidence taken under section 1612 of this chapter. The court may not try the cause de novo or substitute its judgment for that of the board.As added by P.L.126-2011, SEC.58.
IN Code § 36-7-4-1612 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1612. Additional Evidence; Remand for Additional Factfinding or Preparation of Adequate Record

Sec. 1612. (a) The court may receive evidence, in addition to that contained in the board record for judicial review, only if the evidence relates to the validity of the zoning decision at the time the decision was made and is needed to decide disputed issues regarding one (1) or both of the following:(1) Improper constitution as a decisionmaking body or grounds for disqualification of those making the zoning decision.(2) Unlawfulness of procedure or of decisionmaking process.This subsection applies only if the additional evidence could not, by due diligence, have been discovered and raised in the board proceeding giving rise to a proceeding for judicial review.(b) The court may remand a matter to the board before final disposition of a petition for review with directions that the board conduct further factfinding or that the board prepare an adequate record, if:(1) the board failed to prepare or preserve an adequate record;(2) the board improperly excluded or omitted evidence from the record; or(3) a relevant law changed after the zoning decision and the court determines that the new provision of law may control the outcome.As added by P.L.126-2011, SEC.59.
IN Code § 36-7-4-1613 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1613. Transmission of Board Record to Court; Extension of Time to File Record; Cost of Copies and Transcripts

Sec. 1613. (a) Within thirty (30) days after the filing of the petition, or within further time allowed by the court, the petitioner shall transmit to the court the original or a certified copy of the board record for judicial review of the zoning decision, consisting of:(1) any board documents expressing the decision;(2) other documents identified by the board as having been considered by the board before its decision and used as a basis for its decision; and(3) any other material described in this chapter or other law as the board record for the type of zoning decision at issue, subject to this section.(b) An extension of time in which to file the record shall be granted by the court for good cause shown. Inability to obtain the record from the responsible board within the time permitted by this section is good cause. Failure to file the record within the time permitted by this subsection, including any extension period ordered by the court, is cause for dismissal of the petition for review by the court, on its own motion, or on petition of any party of record to the proceeding.(c) Upon a written request by the petitioner, the board making the zoning decision being reviewed shall prepare the board record for the petitioner. If part of the record has been preserved without a transcript, the board shall, if practicable, prepare a transcript for inclusion in the record transmitted to the court, except for parts that the parties to the judicial review proceeding stipulate to omit in accordance with subsection (e).(d) Notwithstanding IC 5-14-3-8, the board shall charge the petitioner with the reasonable cost of preparing any necessary copies and transcripts for transmittal to the court, unless a person files with the court, under oath and in writing, the statement described by IC 33-37-3-2.(e) By stipulation of all parties to the review proceedings, the record may be shortened, summarized, or organized.(f) The court may tax the cost of preparing transcripts and copies for the record:(1) against a party to the judicial review proceeding who unreasonably refuses to stipulate to shorten, summarize, or organize the record; or(2) in accordance with the rules governing civil actions in the courts or other law.(g) Additions to the record concerning evidence received under section 1612 of this chapter must be made as ordered by the court. The court may require or permit subsequent corrections or additions to the record.As added by P.L.126-2011, SEC.60.
IN Code § 36-7-4-1614 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1614. Burden of Demonstrating Invalidity of Zoning Decision; Grounds for Relief

Sec. 1614. (a) The burden of demonstrating the invalidity of a zoning decision is on the party to the judicial review proceeding asserting invalidity.(b) The validity of a zoning decision shall be determined in accordance with the standards of review provided in this section, as applied to the decision at the time it was made.(c) The court shall make findings of fact on each material issue on which the court's decision is based.(d) The court shall grant relief under section 1615 of this chapter only if the court determines that a person seeking judicial relief has been prejudiced by a zoning decision that is:(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;(2) contrary to constitutional right, power, privilege, or immunity;(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;(4) without observance of procedure required by law; or(5) unsupported by substantial evidence.As added by P.L.126-2011, SEC.61.
IN Code § 36-7-4-1615 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1615. Finding of Prejudice; Judicial Action

Sec. 1615. If the court finds that a person has been prejudiced under section 1614 of this chapter, the court may set aside a zoning decision and:(1) remand the case to the board for further proceedings; or(2) compel a decision that has been unreasonably delayed or unlawfully withheld.As added by P.L.126-2011, SEC.62.
IN Code § 36-7-4-1616 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1616. Appeal of Court's Decision

Sec. 1616. The court's decision on a petition for review of a zoning decision is appealable in accordance with the rules governing civil appeals from the courts.As added by P.L.126-2011, SEC.63.
IN Code § 36-7-5.1-1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-1. "Commission" and "Plan Commission" Defined

Sec. 1. As used in this chapter, "commission" or "plan commission" refers to a joint district planning and zoning commission established under this chapter.As added by P.L.300-1989, SEC.2.
IN Code § 36-7-5.1-2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-2. "Joint District" Defined

Sec. 2. As used in this chapter, "joint district" means an area of real property (whether or not the property is located within the boundaries of one (1) or more municipalities, counties, or other political subdivisions) that is established as a joint district under this chapter.As added by P.L.300-1989, SEC.2.
IN Code § 36-7-5.1-3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-3. Advisory Planning Law; Application

Sec. 3. The advisory planning law portions of IC 36-7-4 apply to a commission and a joint district insofar as the advisory planning law portions of IC 36-7-4 are not inconsistent with this chapter, even if the county in which a joint district is located has adopted any part of the area planning law under IC 36-7-4.As added by P.L.300-1989, SEC.2.
IN Code § 36-7-5.1-4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-4. Municipal and County Cooperative Single and Unified Planning and Zoning Entities

Sec. 4. One (1) or more municipalities (meeting the population, proximity, and ordinance requirements under section 9 of this chapter) and one (1) or more counties may cooperatively establish single and unified planning and zoning entities as joint districts to carry out this chapter on a less than countywide basis.As added by P.L.300-1989, SEC.2. Amended by P.L.1-1990, SEC.361.
IN Code § 36-7-5.1-5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-5. Municipal and County Joint District Planning and Zoning Commission

Sec. 5. (a) The legislative bodies of one (1) or more municipalities (meeting the population and proximity requirements under section 9 of this chapter) and one (1) or more counties may establish, by identical ordinances, a joint district planning and zoning commission. The ordinances must specify the following:(1) The legal name of the commission.(2) The boundaries of the joint district.(3) The duration of the commission.(4) Any other information necessary to form the commission.(b) A municipality having a population of more than three thousand (3,000) but less than fifteen thousand (15,000) may pass an ordinance to establish a joint district for any territory that is located:(1) in the municipality; or(2) within five (5) miles of the municipality's corporate boundaries.(c) A municipality having a population of more than twenty-five thousand (25,000) but less than fifty thousand (50,000) may pass an ordinance to establish a joint district for any territory that is located:(1) in the municipality; or(2) within ten (10) miles of the municipality's corporate boundaries.(d) When the boundaries of a proposed joint district include real property lying within the corporate boundaries of a municipality, the municipality is subject to the jurisdiction of the joint district and the provisions of this chapter only if the municipality adopts an ordinance under subsection (a).(e) After the boundaries and duration of a joint district have been established under subsection (a), the boundaries and the duration may not be changed.As added by P.L.300-1989, SEC.2.
IN Code § 36-7-5.1-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-6. Authority of Commission

Sec. 6. After a commission is established, it shall exclusively exercise all the planning, zoning, platting, and land use policy authority for real property in the joint district. The joint district commission has exclusive authority, subject to section 7 of this chapter, to adopt a zoning ordinance or a subdivision control ordinance, or both. Any planning, zoning, platting, or land use functions exercised by any other unit or entity in the joint district shall cease. Except as provided in section 7 of this chapter, an action of the commission is final and does not require a reference to or an approval by a county or municipal legislative body.As added by P.L.300-1989, SEC.2.
IN Code § 36-7-5.1-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-7. Joint District Council

Sec. 7. (a) A joint district council is established for each joint district formed under this chapter.(b) The membership of the joint district council consists of:(1) the president of the town board of trustees;(2) the president of a second class city legislative body;(3) the president pro tempore of a third class city legislative body;(4) the president of a city-county legislative body (consolidated city); and(5) one (1) member of the county executive appointed by the county executive;of each municipality and county that enacted an ordinance creating the joint district.(c) Notwithstanding section 6 of this chapter, before an ordinance that is passed by a commission becomes effective, the joint district council must approve the ordinance. A joint district commission shall forward a copy of each ordinance that the commission passes within three (3) business days after passage to the secretary of the joint district council.(d) A joint district council shall conduct a hearing on an ordinance and shall publish notice of the hearing in accordance with IC 5-3-1 specifying the time and location of the meeting. A joint district council may approve, amend, or reject an ordinance of the commission at the hearing. If a joint district council does not conduct a hearing on an ordinance within twenty (20) days of receipt of the ordinance, the ordinance is considered approved by the joint district council.(e) The auditor of the county in which a majority of the territory in a joint district is located shall be the secretary of the joint district council.(f) A quorum consists of a majority of the entire membership of the joint district council.(g) Action of the joint district council is not official unless it is authorized at a regular or special meeting by a majority of the members who are present at the meeting.(h) the presiding office of the joint district council is the member who is appointed by the executive of the county that enacts an ordinance creating a joint district. However, if more than one (1) county is in a joint district, then the joint district council member who is appointed by the executive of the county having the greatest amount of land in the joint district serves as the presiding officer.(i) Either the presiding officer or a majority of the entire membership of the joint district council may call a regular or special meeting.As added by P.L.300-1989, SEC.2.
IN Code § 36-7-5.1-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-8. Comprehensive Plan; Joint District Limits; New Municipality Within Existing Joint District

Sec. 8. (a) A commission may adopt a comprehensive plan (as provided for under the 500 Series of the advisory planning law) for the development of the joint district. The comprehensive plan, if adopted, does not have extraterritorial effect outside the defined boundaries of the joint district. However, a comprehensive plan adopted by a commission supersedes an existing or conflicting comprehensive plan governing any of the joint district.(b) Before exercising its rights, powers, and duties under this chapter or the advisory planning law with respect to an area designated as a joint district, a commission must file with the recorder of each county in which a part of the joint district is located a description or map defining the limits of the joint district. If the commission revises the limits, it shall file a revised description or map defining those revised limits with each recorder.(c) Until the commission adopts a comprehensive plan, a comprehensive plan that was in effect before the formation of the joint district applies to that portion of the joint district controlled by that comprehensive plan.(d) Whenever a new municipality is incorporated and its boundaries lie in whole or in part within a joint district, the commission continues to exercise territorial jurisdiction within the new municipality or that portion of the municipality within the joint district, until the effective date of a municipal ordinance:(1) establishing an advisory plan commission under IC 36-7-4-202(a); or(2) adopting the area planning law under IC 36-7-4-202(b).Beginning on that effective date, the planning and zoning function of the municipality shall be exercised by the municipality under the advisory planning law or area planning law.As added by P.L.300-1989, SEC.2.
IN Code § 36-7-5.1-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-9. Membership of Commission

Sec. 9. The members of the commission shall be determined as follows:(1) The legislative body of each county where any part of the joint district is located shall choose four (4) members.(2) The legislative body of each municipality having a population of more than three thousand (3,000), but less than fifteen thousand (15,000), that passes an ordinance establishing a joint district and that is located within five (5) miles of the joint district shall choose three (3) members.(3) The city plan commission (or similar body) of each municipality having a population of more than twenty-five thousand (25,000), but less than fifty thousand (50,000), that passes an ordinance establishing a joint district and that is located within ten (10) miles of the joint district shall choose two (2) members.(4) The executive of each municipality meeting the population, proximity, and ordinance requirements of subdivision (3) shall choose one (1) member.As added by P.L.300-1989, SEC.2.
IN Code § 36-7-5.1-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-10. Majority Vote Prerequisite to Commission Action

Sec. 10. Commission action may be taken only upon the vote of a majority of its members.As added by P.L.300-1989, SEC.2.
IN Code § 36-7-5.1-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-11. Membership Qualifications

Sec. 11. (a) Each member of the commission must have:(1) knowledge and experience regarding affairs in the joint district;(2) awareness of the social, economic, agricultural, and industrial conditions of the joint district; and(3) an interest in the development of the joint district.(b) A challenge to the appointment of a member based on the qualifications described in subsection (a) must be filed within thirty (30) days after the appointment. The challenge may be filed in the circuit court, superior court, or probate court of any county that contains the entire joint district or any part of the joint district.(c) Except as provided in subsection (d), a member must be a resident of a county where a part of the joint district is located or reside within ten (10) miles of the borders of the district.(d) In a joint district that contains all or part of a county having a population of more than seventy-five thousand (75,000) but less than seventy-seven thousand (77,000), two (2) of the members appointed by the legislative body of that county under section 9(1) of this chapter must, in addition to the requirements of subsections (a) and (b), be residents of any township that is entirely or partially located within the joint district.As added by P.L.300-1989, SEC.2. Amended by P.L.12-1992, SEC.167; P.L.170-2002, SEC.155; P.L.119-2012, SEC.197; P.L.84-2016, SEC.179.
IN Code § 36-7-5.1-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-12. Term

Sec. 12. Members of the commission are appointed for a three (3) year term.As added by P.L.300-1989, SEC.2.
IN Code § 36-7-5.1-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-13. Office Space

Sec. 13. One (1) of the counties or municipalities that adopted an ordinance creating the joint district shall provide suitable offices for the holding of commission meetings and for preserving the plans, maps, accounts, and other documents of the commission.As added by P.L.300-1989, SEC.2.
IN Code § 36-7-5.1-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 5.1. Joint District Planning and Zoning|36-7-5.1-14. Appropriations

Sec. 14. After one (1) or more municipalities and one (1) or more counties cooperatively establish a joint district, the units creating the joint district may make an appropriation to carry out the duties of the commission. The units may apportion appropriations for the commission in any manner the units determine appropriate.As added by P.L.300-1989, SEC.2.