reglab/housing_qa huggingface dataset:
IN Code § 36-7-4-804 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-804. Improvement Location or Building Permit; Eligibility; Violations of Zoning or Subdivision Ordinance; Hearing

Sec. 804. (a) METRO. After a building contractor violates a zoning or subdivision ordinance three (3) times in a calendar year, the contractor is ineligible to receive an improvement location or building permit for one (1) year, beginning on the date of the third violation. Whenever a person for whom a structure is to be built applies for a permit, the person must disclose under the penalties for perjury the identity of the person's contractor; the person is eligible to receive a permit only if the person's contractor is eligible.(b) METRO. A determination by the metropolitan development commission, after a hearing at which the contractor may be represented by counsel and may present evidence, is conclusive evidence of a violation under subsection (a).[Pre-Local Government Recodification Citation: 18-7-2-58 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.127-2017, SEC.174.
IN Code § 36-7-4-900 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-900. 900 Series—board of Zoning Appeals

Sec. 900. This series (sections 900 through 999 of this chapter) may be cited as follows: 900 SERIES─BOARD OF ZONING APPEALS.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-901.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-901.5. Reorganized Units; Board of Zoning Appeals Required if Advisory Plan Commission Established

Sec. 901.5. (a) If an advisory plan commission is established under section 202.5 of this chapter by a unit described in IC 36-7-2-1(b) and the unit adopts a comprehensive plan under this chapter, the legislative body of the unit shall establish a board of zoning appeals.(b) A board of zoning appeals established under this section:(1) shall exercise the board's powers and duties under this chapter within the unit in the same manner that a municipal board of zoning appeals established under this chapter exercises powers and duties under this chapter for a municipality; and(2) may not exercise the board's powers and duties under this chapter within a municipality that has established a plan commission under this chapter (other than a municipality that participated in the reorganization of the unit under IC 36-1.5).(c) Notwithstanding any other law, if the legislative body of a unit described in IC 36-7-2-1(b) establishes a board of zoning appeals under this section, the legislative body of the unit shall, by resolution or in the unit's plan of reorganization under IC 36-1.5, determine:(1) the number of members to be appointed to the unit's board of zoning appeals;(2) the person or entity that shall appoint or remove those members;(3) any required qualifications for those members; and(4) the terms of those members.As added by P.L.202-2013, SEC.35.
IN Code § 36-7-4-903 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-903. Board of Zoning Appeals; Additional Division or Member Required for Unincorporated Jurisdictional Area

Sec. 903. ADVISORY. (a) When a municipal plan commission exercises jurisdiction outside the incorporated area of the municipality as provided for in section 205 or 1208 of this chapter, one (1) of the following must occur:(1) An additional division of the board of zoning appeals shall be established under section 901(b) of this chapter that will have territorial jurisdiction only in the unincorporated area. The division must consist only of:(A) residents of the unincorporated area; or(B) individuals who reside in the county and also own real property within the unincorporated area.However, at least a majority of the members appointed to the division must be residents of the unincorporated area.(2) The municipal plan commission shall designate, as its appointment to the municipal board of zoning appeals under section 902(a)(3) of this chapter one (1) of the additional citizen members who were appointed under section 214(a), 1210(a), or 1210.5(c)(3) of this chapter to the plan commission to represent the unincorporated area. The citizen shall be appointed for a term of two (2) years. The citizen is entitled to participate and vote in all deliberations of the municipal board of zoning appeals.(b) Notwithstanding section 902(g) of this chapter, if the zoning ordinance provides for an additional division of the board of zoning appeals under subsection (a)(1), the ordinance may also provide for the appointment of one (1) or more members of that division by elected officials of the county or township.[Pre-Local Government Recodification Citations: 18-7-4-903; 18-7-5-72.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.3; P.L.216-1999, SEC.4; P.L.32-2004, SEC.3; P.L.126-2011, SEC.26.
IN Code § 36-7-4-905 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-905. Board of Zoning Appeals; Membership; Restrictions

Sec. 905. (a) None of the members of a board of zoning appeals may hold:(1) an elected office (as defined in IC 3-5-2-17); or(2) any other appointed office, except as permitted by section 902 of this chapter, in municipal, county, or state government.(b) A member of the board of zoning appeals must meet one (1) of the following requirements:(1) The member must be a resident of the jurisdictional area of the board.(2) The member must be a resident of the county and also an owner of real property located in whole or in part in the jurisdictional area of the board.However, at least a majority of the total number of citizen members appointed to the board of zoning appeals must be residents of the jurisdictional area of the board of zoning appeals. The board shall determine whether a member meets all applicable residency requirements for appointment in accordance with uniform rules prescribed by the board.[Pre-Local Government Recodification Citations: 18-7-2-60 part; 18-7-2-61 part; 18-7-4-905; 18-7-4-68; 18-7-5-70 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.41; P.L.126-2011, SEC.27.
IN Code § 36-7-4-906 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-906. Board of Zoning Appeals; Members; Terms; Removal

Sec. 906. (a) ADVISORY─AREA. When an initial term of office expires, each new appointment is for a term of four (4) years.(b) ADVISORY─AREA. Upon the establishment of a division of the board of zoning appeals, the members shall initially be appointed as provided in the zoning ordinance for the following terms of office:(1) One (1) for a term of one (1) year.(2) One (1) for a term of two (2) years.(3) One (1) for a term of three (3) years.(4) Two (2) for a term of four (4) years.(c) ADVISORY─AREA. Under subsection (b), each term expires on the first Monday of January of the first, second, third, or fourth year, respectively, after the year of the member's appointment.(d) METRO. Each appointment of a member of a division of a board of zoning appeals is for a term of one (1) year.(e) METRO. The appointing authority may remove a member from the metropolitan board of zoning appeals. The appointing authority must mail notice of the removal, along with written reasons, if any, for the removal, to the member at the member's residence address. A member who is removed may not appeal the removal to a court or otherwise.(f) ADVISORY─AREA. The appointing authority may remove a member from the board of zoning appeals for cause. The appointing authority must mail notice of the removal, along with written reasons for the removal, to the member at the member's residence address. A member who is removed may, within thirty (30) days after receiving notice of the removal, appeal the removal to the circuit or superior court of the county.(g) A member of a board of zoning appeals serves until the member's successor is appointed and qualified. A member is eligible for reappointment.[Pre-Local Government Recodification Citations: 18-7-2-60 part; 18-7-3-11(1) part; 18-7-3-11(2) part; 18-7-4-906; 18-7-4-69; 18-7-5-71.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.42; Acts 1982, P.L.33, SEC.31; P.L.357-1983, SEC.4; P.L.127-2017, SEC.175.
IN Code § 36-7-4-907 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-907. Board of Zoning Appeals; Members; Vacancies

Sec. 907. (a) If a vacancy occurs among the members of the board of zoning appeals, the appointing authority shall appoint a member for the unexpired term of the vacating member. In addition, the appointing authority may appoint an alternate member to participate with the board in any hearing or decision if the regular member it has appointed has a disqualification under section 909 of this chapter, or is otherwise unavailable to participate in the hearing or decision. An alternate member shall have all of the powers and duties of a regular member while participating in the hearing or decision.(b) A member of the board of zoning appeals who misses three (3) consecutive regular meetings of the board may be treated as if the member had resigned, at the discretion of the appointing authority.(c) Members serving in any division of the board of zoning appeals may also serve as alternate members for the other divisions of the board of zoning appeals. Whenever regular and alternate members serving in a particular division are unavailable, the chairperson or vice chairperson of the affected division may select members from other divisions in order to assemble up to five (5) members to participate in any hearing or decision.(d) METRO. If there is an absence, the board of zoning appeals must satisfy to the extent possible the township standard specified by law.[Pre-Local Government Recodification Citations: 18-7-2-60 part; 18-7-2-62; 18-7-4-907; 18-7-4-70; 18-7-5-74.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.43; P.L.357-1983, SEC.5; P.L.345-1987, SEC.3; P.L.226-1997, SEC.3; P.L.126-2011, SEC.28; P.L.161-2021, SEC.7.
IN Code § 36-7-4-909 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-909. Board of Zoning Appeals; Members; Conflict of Interest; Disqualification

Sec. 909. (a) A member of a board of zoning appeals is disqualified and may not participate in a hearing or decision of that board concerning a zoning matter if the member:(1) is biased or prejudiced or otherwise unable to be impartial; or(2) has a direct or indirect financial interest in the outcome of the hearing or the decision.(b) The board shall enter in the board's records:(1) the fact that a regular member has such a disqualification; and(2) the name of the alternate member, if any, who participates in the hearing or decision in place of the regular member.[Pre-Local Government Recodification Citations: 18-7-4-909; 18-7-5-1 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.44; P.L.357-1983, SEC.6; P.L.126-2011, SEC.29.
IN Code § 36-7-4-910 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-910. Board of Zoning Appeals; Quorum

Sec. 910. A quorum consists of a majority of the entire membership of the board of zoning appeals.[Pre-Local Government Recodification Citations: 18-7-2-64 part; 18-7-4-910; 18-7-4-72 part; 18-7-5-76 part.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-911 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-911. Board of Zoning Appeals; Official Action

Sec. 911. Action of the board of zoning appeals is not official, unless it is authorized by a majority of the entire membership of the board.[Pre-Local Government Recodification Citations: 18-7-2-64 part; 18-7-4-911; 18-7-4-72 part; 18-7-5-76 part.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-912 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-912. Board of Zoning Appeals; Chair and Vice Chair

Sec. 912. At the first meeting of each year, the board of zoning appeals shall elect a chair and vice chair from its members. The vice chair may act as chair during the absence or disability of the chair.[Pre-Local Government Recodification Citations: 18-7-2-63; 18-7-4-912; 18-7-4-71; 18-7-5-75.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.127-2017, SEC.176.
IN Code § 36-7-4-913 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-913. Board of Zoning Appeals; Secretary and Employees

Sec. 913. The board of zoning appeals may appoint a secretary and such employees as are necessary for the discharge of its duties.[Pre-Local Government Recodification Citations: 18-7-2-65; 18-7-4-913; 18-7-4-73; 18-7-5-77.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.45.
IN Code § 36-7-4-914 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-914. Board of Zoning Appeals; Facilities

Sec. 914. The plan commission shall provide for suitable facilities for the holding of board of zoning appeals' hearings and for the preserving of records, documents, and accounts.[Pre-Local Government Recodification Citations: 18-7-2-66; 18-7-4-914; 18-7-4-74; 18-7-5-78.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.7.
IN Code § 36-7-4-915 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-915. Board of Zoning Appeals; Minutes and Records

Sec. 915. The board of zoning appeals shall keep minutes of its proceedings and record the vote on all actions taken. All minutes and records shall be filed in the office of the board and are public records. The board shall in all cases heard by it make written findings of fact.[Pre-Local Government Recodification Citations: 18-7-2-69 part; 18-7-4-915; 18-7-4-77 part; 18-7-5-81 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.46.
IN Code § 36-7-4-916 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-916. Board of Zoning Appeals; Rules

Sec. 916. (a) The board of zoning appeals shall adopt rules, which may not conflict with the zoning ordinance, concerning:(1) the filing of appeals;(2) the application for variances, special exceptions, special uses, contingent uses, and conditional uses;(3) the giving of notice;(4) the conduct of hearings; and(5) the determination of whether a variance application is for a variance of use or for a variance from the development standards (such as height, bulk, or area).(b) The board of zoning appeals may also adopt rules providing for:(1) subject to section 916.5 of this chapter (in the case of a metropolitan board of zoning appeals), the allocation of cases filed among the divisions of the board of zoning appeals; and(2) the fixing of dates for hearings by the divisions.(c) Rules adopted by the board of zoning appeals shall be printed and be made available to all applicants and other interested persons.[Pre-Local Government Recodification Citations: 18-7-2-59 part; 18-7-2-69 part; 18-7-4-916; 18-7-4-77 part; 18-7-5-81 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.47; Acts 1982, P.L.212, SEC.4; P.L.357-1983, SEC.8; P.L.161-2021, SEC.8.
IN Code § 36-7-4-916.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-916.5. Allocation of Cases Between Divisions

Sec. 916.5. METRO. The board of zoning appeals shall allocate:(1) appeals; and(2) applications for variances, special exceptions, special uses, contingent uses, and conditional uses;to a division of the board of zoning appeals that has at least one (1) member of the board who is a resident of a township in which the property that is the subject of the appeal or application is located.As added by P.L.161-2021, SEC.9.
IN Code § 36-7-4-917 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-917. Board of Zoning Appeals; Appropriations

Sec. 917. The fiscal body of the municipality or county, as the case may be, may appropriate under section 308 of this chapter such amounts as are necessary to carry out the duties of the board of zoning appeals.[Pre-Local Government Recodification Citations: 18-7-4-917; 18-7-4-75; 18-7-5-79.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.9.
IN Code § 36-7-4-918.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-918.1. Board of Zoning Appeals; Review of Orders, Requirements, Decisions, or Determinations

Sec. 918.1. A board of zoning appeals shall hear and determine appeals from and review:(1) any order, requirement, decision, or determination made by an administrative official, hearing officer, or staff member under the zoning ordinance;(2) any order, requirement, decision, or determination made by an administrative board or other body except a plan commission in relation to the enforcement of the zoning ordinance; or(3) any order, requirement, decision, or determination made by an administrative board or other body except a plan commission in relation to the enforcement of an ordinance adopted under this chapter requiring the procurement of an improvement location or occupancy permit.As added by P.L.357-1983, SEC.10.
IN Code § 36-7-4-918.2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-918.2. Board of Zoning Appeals; Special Exceptions and Certain Uses; Approval or Denial

Sec. 918.2. A board of zoning appeals shall approve or deny all:(1) special exceptions;(2) special uses;(3) contingent uses; and(4) conditional uses;from the terms of the zoning ordinance, but only in the classes of cases or in the particular situations specified in the zoning ordinance. The board may impose reasonable conditions as a part of its approval.As added by P.L.357-1983, SEC.11.
IN Code § 36-7-4-918.3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-918.3. Board of Zoning Appeals; Variance From Use District or Classification

Sec. 918.3. AREA. Neither the area board of zoning appeals nor any other board of zoning appeals continued in existence under the area planning law may grant a variance from a use district or classification under the area planning law.As added by P.L.357-1983, SEC.12.
IN Code § 36-7-4-918.4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-918.4. Board of Zoning Appeals; Variance of Use

Sec. 918.4. ADVISORY─METRO. A board of zoning appeals shall approve or deny variances of use from the terms of the zoning ordinance. The board may impose reasonable conditions as a part of its approval. A variance may be approved under this section only upon a determination in writing that:(1) the approval will not be injurious to the public health, safety, morals, and general welfare of the community;(2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;(3) the need for the variance arises from some condition peculiar to the property involved;(4) the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and(5) the approval does not interfere substantially with the comprehensive plan adopted under the 500 series of this chapter.As added by P.L.357-1983, SEC.13.
IN Code § 36-7-4-918.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-918.5. Board of Zoning Appeals; Variance From Development Standards

Sec. 918.5. (a) A board of zoning appeals shall approve or deny variances from the development standards (such as height, bulk, or area) of the zoning ordinance. The board may impose reasonable conditions as a part of the board's approval. A variance may be approved under this section only upon a determination in writing that:(1) the approval will not be injurious to the public health, safety, morals, and general welfare of the community;(2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and(3) the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. However, the zoning ordinance may establish a stricter standard than the "practical difficulties" standard prescribed by this subdivision.(b) Before approval of a proposal involving a structure regulated under IC 8-21-10 may become effective, the board of zoning appeals must have received:(1) a copy of:(A) the permit for the structure issued by the Indiana department of transportation; or(B) the Determination of No Hazard to Air Navigation issued by the Federal Aviation Administration; and(2) evidence that notice was delivered to a public use airport as required in IC 8-21-10-3 not less than sixty (60) days before the proposal is considered.(c) Only the plan commission (or plat committee acting on the commission's behalf) may grant a waiver from standards that are fixed in the subdivision control ordinance, as provided in section 702(c) of this chapter.As added by P.L.357-1983, SEC.14. Amended by P.L.54-2002, SEC.6; P.L.126-2011, SEC.30.