reglab/housing_qa huggingface dataset:
IN Code § 36-7-4-616 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-616. Zoning Ordinance; Agricultural Nonconforming Use

Sec. 616. (a) The definitions used in this section apply only to this section.(b) As used in this section, "agricultural use" refers to land that is used for:(1) the production of livestock or livestock products, commercial aquaculture, equine or equine products, land designated as a conservation reserve plan, pastureland, poultry or poultry products, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, bees and apiary products, tobacco, or other agricultural crops, in the case of land that was not subject to a comprehensive plan or zoning ordinance before the most recent plan or zoning ordinance, including any amendments, was adopted; or(2) agricultural purposes as defined in or consistent with a comprehensive plan or zoning ordinance that:(A) the land was subject to; and(B) was repealed before the adoption of the most recent comprehensive plan or zoning ordinance, including any amendments.(c) As used in this section, "agricultural nonconforming use" means the agricultural use of land that is not permitted under the most recent comprehensive plan or zoning ordinance, including any amendments, for the area where the land is located.(d) An agricultural use of land that constitutes an agricultural nonconforming use may be changed to another agricultural use of land without losing agricultural nonconforming use status.(e) A county or municipality may not, through the county or municipality's zoning authority, do any of the following:(1) Terminate an agricultural nonconforming use if the agricultural nonconforming use has been maintained for at least any three (3) year period in a five (5) year period.(2) Restrict an agricultural nonconforming use.(3) Require any of the following for the agricultural nonconforming use of the land:(A) A variance for the land.(B) A special exception for the land.(C) A special use for the land.(D) A contingent use for the land.(E) A conditional use for the land.(f) Notwithstanding subsection (e), this section does not prohibit a county, a municipality, or the state from requiring an agricultural nonconforming use to be maintained and operated in compliance with all:(1) state environmental and state health laws and rules; and(2) requirements to which conforming agricultural use land is subject under the county's comprehensive plan or zoning ordinance.As added by P.L.113-1998, SEC.1. Amended by P.L.106-1999, SEC.2.
IN Code § 36-7-4-700 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-700. 700 Series—subdivision Control

Sec. 700. This series (sections 700 through 799 of this chapter) may be cited as follows: 700 SERIES─SUBDIVISION CONTROL.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.4.
IN Code § 36-7-4-702 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-702. Subdivision Control; Primary Approval of Plat; Standards of Ordinance; Requisites; Compliance

Sec. 702. (a) In determining whether to grant primary approval of a plat, the plan commission (or plat committee acting on the commission's behalf) shall determine if the plat or subdivision qualifies for primary approval under the standards prescribed by the subdivision control ordinance.(b) The subdivision control ordinance must specify the standards for determining whether a plat qualifies for primary approval. The ordinance must include standards for:(1) minimum width, depth, and area of lots in the subdivision;(2) public way widths, grades, curves, and the coordination of subdivision public ways with current and planned public ways; and(3) the extension of water, sewer, and other municipal services.The ordinance may also include standards for the allocation of areas to be used as public ways, parks, schools, public and semipublic buildings, homes, businesses, and utilities, and any other standards related to the purposes of this chapter.(c) The standards fixed in the subdivision control ordinance under subsection (b) may be waived at the discretion of the plan commission (or plat committee acting on the commission's behalf); however, to be approved, the plat must still meet all applicable standards prescribed in the zoning ordinance (other than standards modified by variance in accordance with the 900 series of this chapter). As a condition of granting a waiver under this subsection, the commission or committee may allow or require a commitment to be made under section 1015 of this chapter.(d) As a condition of primary approval of a plat, the commission or committee may specify:(1) the manner in which public ways shall be laid out, graded, and improved;(2) a provision for water, sewage, and other utility services;(3) a provision for lot size, number, and location;(4) a provision for drainage design; and(5) a provision for other services as specified in the subdivision control ordinance.(e) The subdivision control ordinance may not regulate condominiums regulated by IC 32-25.[Pre-Local Government Recodification Citations: 18-7-2-49; 18-7-4-702; 18-7-4-56; 18-7-5-47 part; 18-7-5-49.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.6; P.L.2-2002, SEC.109; P.L.126-2011, SEC.17.
IN Code § 36-7-4-703 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-703. Subdivision Control; Application for Approval of Plat; Procedure

Sec. 703. A person desiring the approval of a plat shall submit a written application for approval in accordance with procedures prescribed by the legislative body in the subdivision control ordinance.[Pre-Local Government Recodification Citations: 18-7-2-51 part; 18-7-4-703; 18-7-4-57 part; 18-7-5-48 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.35; Acts 1982, P.L.211, SEC.7.
IN Code § 36-7-4-704 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-704. Subdivision Control; Fees; Uniform Schedule; Payment

Sec. 704. The plan commission shall establish a uniform schedule of fees proportioned to the cost of checking and verifying the proposed plats. An applicant shall pay the specified fee upon the filing of an application for approval.[Pre-Local Government Recodification Citations: 18-7-2-54 part; 18-7-4-704; 18-7-4-60 part; 18-7-5-51 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.36; Acts 1982, P.L.211, SEC.8.
IN Code § 36-7-4-705 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-705. Subdivision Control; Primary Approval of Plat; Review of Application; Hearing Date

Sec. 705. Upon receipt of an application for primary approval, the plan commission staff shall review the application for technical conformity with the standards fixed in the subdivision control ordinance. Within thirty (30) days after receipt, the staff shall announce the date for a hearing before the plan commission or plat committee and provide for notice in accordance with section 706 of this chapter. The plan commission shall, by rule, prescribe procedures for setting hearing dates and for the conduct of hearings.[Pre-Local Government Recodification Citations: 18-7-2-54 part; 18-7-4-705; 18-7-4-60 part; 18-7-5-51 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.37; Acts 1982, P.L.211, SEC.9.
IN Code § 36-7-4-706 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-706. Subdivision Control; Application for Primary Approval; Notice of Hearing

Sec. 706. After the staff has announced a date for a hearing before the plan commission or plat committee, it shall:(1) notify the applicant in writing;(2) give notice of the hearing by publication in accordance with IC 5-3-1; and(3) provide for due notice to interested parties at least ten (10) days before the date set for the hearing. The plan commission shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.[Pre-Local Government Recodification Citations: 18-4-8-3 part; 18-7-2-51 part; 18-7-4-706; 18-7-4-57 part; 18-7-5-48 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.38; Acts 1982, P.L.211, SEC.10.
IN Code § 36-7-4-707 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-707. Subdivision Control; Primary Approval of Plat; Findings and Decision

Sec. 707. (a) If, after the hearing, the plan commission or plat committee determines that the application and plat comply with the standards in the subdivision control ordinance, the commission or committee shall make written findings and a decision granting primary approval to the plat. This decision, which must also specify any condition imposed or waiver granted under section 702 of this chapter, must be signed by an official designated in the subdivision control ordinance.(b) If, after the hearing, the plan commission or plat committee disapproves the plat, the commission or committee shall make written findings that set forth its reasons and a decision denying primary approval and shall provide the applicant with a copy. This decision must be signed by the official designated in the subdivision control ordinance.(c) This section applies to any subdivision of land, whether or not it is exempted from the notice and hearing requirements of this series under section 701(d) of this chapter.[Pre-Local Government Recodification Citations: 18-7-2-50 part; 18-7-2-52 part; 18-7-4-707; 18-7-4-58 part; 18-7-5-50 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.11; P.L.126-2011, SEC.18.
IN Code § 36-7-4-708 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-708. Subdivision Control; Primary Approval or Disapproval of Plat; Appeal to Plan Commission; Procedure; Review

Sec. 708. (a) An applicant or other interested party may appeal to the plan commission the primary approval or disapproval of a plat, or the imposition of a condition on primary approval by the plat committee, in accordance with section 402(d) of this chapter. However, if the plat committee grants primary approval for the subdivision of land without public notice and hearing under section 701(d) of this chapter, an interested party may appeal the approval to the plan commission by filing a notice of appeal with the plan commission not more than five (5) days after a copy of the plat committee's action is mailed to the interested party. Notice shall be given and a hearing held by the commission in the same manner as in the case of the plat committee.(b) The commission has the same power as the plat committee to approve, disapprove, or impose conditions on the approval of plats.(c) The primary approval by the commission of a plat must be certified on behalf of the commission by an official designated in the subdivision control ordinance.[Pre-Local Government Recodification Citations: 18-7-2-52 part; 18-7-4-708; 18-7-4-58 part; 18-7-5-50 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.12; P.L.320-1995, SEC.11; P.L.126-2011, SEC.19.
IN Code § 36-7-4-710 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-710. Subdivision Control; Secondary Approval of Plat; Authority to Grant; Time; Prerequisites for Legal Effect of Plat

Sec. 710. (a) The plan commission may grant secondary approval of a plat under this section or may delegate to the plat committee or staff the authority to grant such secondary approvals.(b) Secondary approval may be granted, after expiration of the time provided for appeal under section 708 of this chapter.(c) No notice or hearing is required, and the provisions of this series concerning notice and hearing do not apply to secondary approvals.(d) A plat of a subdivision may not be filed with the auditor, and the recorder may not record it, unless it has been granted secondary approval and signed and certified by the official designated in the subdivision control ordinance governing the area. The filing and recording of the plat is without legal effect unless approved by the commission, committee, or staff.[Pre-Local Government Recodification Citations: 18-7-2-55; 18-7-4-710; 18-7-4-61; 18-7-5-47 part; 18-7-5-52.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.39; Acts 1982, P.L.211, SEC.14; P.L.126-2011, SEC.21.
IN Code § 36-7-4-711 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-711. Vacation of Plats; Alternate Procedure; Petition; Notice and Hearing

Sec. 711. (a) The plan commission (or plat committee acting on its behalf), proceeding in accordance with IC 36-7-3-10 or with this section, has exclusive control over the vacation of plats or parts of plats.(b) In a case in which not all the owners of land in a plat are in agreement regarding a proposed vacation, this section provides an alternate procedure under which one (1) or more owners of land in the plat may file with the plan commission a petition to vacate all the plat or only that part of the plat that pertains to land owned by the petitioner or petitioners. A petition under this section must:(1) state the reasons for and the circumstances prompting the request;(2) specifically describe the property in the plat proposed to be vacated; and(3) give the name and address of every other owner of land in the plat.(c) Subject to section 714 of this chapter, a petition under this section may also include a request to vacate any recorded covenants filed as a part of the plat.(d) Not more than thirty (30) days after receipt of a petition under this section, the plan commission staff shall announce the date for the hearing before the plan commission (or plat committee acting on the plan commission's behalf). The plan commission shall adopt rules prescribing procedures for setting hearing dates and for providing other notice as may be required in accordance with this chapter. The petitioner shall pay all expenses of providing the notice required by this subsection.(e) The plan commission shall adopt rules prescribing procedures for the conduct of the hearing, which must include a provision giving every other owner of land in the plat an opportunity to comment on the petition.(f) After hearing the petition, the plan commission or plat committee shall approve or disapprove the request. The commission or committee may approve the vacation of all or part of a plat only upon a determination that:(1) conditions in the platted area have changed so as to defeat the original purpose of the plat;(2) it is in the public interest to vacate all or part of the plat; and(3) the value of that part of the land in the plat not owned by the petitioner will not be diminished by the vacation.(g) The commission or committee may impose reasonable conditions as part of any approval. The commission or committee shall furnish a copy of the commission's or committee's decision to the county recorder for recording.(h) An applicant or other interested party may appeal the approval or disapproval of a vacation by the plat committee in the manner prescribed by section 402(d) of this chapter.[Pre-Local Government Recodification Citations: 18-7-2-56 part; 18-7-4-711(a) part; 18-7-5-54 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.23; P.L.126-2011, SEC.22.
IN Code § 36-7-4-712 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-712. Plat Committee; Exclusive Control Over Vacation of Plats or Public Ways; Rules; Public Interest; Appeals

Sec. 712. (a) METRO. The plat committee has exclusive control over the vacation of:(1) plats or parts of plats; and(2) public ways, easements, or public places, or parts of any of them, whether or not they are included in an approved plat;in the county. The plat committee may adopt rules governing the procedure for these vacations. The vacation of public ways, easements, or public places, or parts of any of them may be made only upon a finding by the plat committee that the vacation is in the public interest. The plat committee may accomplish the vacation of plats or parts of plats by proceeding in accordance with IC 36-7-3-10 or section 711 of this chapter.(b) METRO. An applicant or other interested party may appeal the approval or disapproval of a vacation in the manner prescribed by section 402(d) of this chapter.[Pre-Local Government Recodification Citation: 18-4-8-10(2).]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.40; P.L.220-1986, SEC.24; P.L.2-1989, SEC.26; P.L.126-2011, SEC.23.
IN Code § 36-7-4-714 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-714. Determination Required to Vacate Recorded Covenant Filed With Plat

Sec. 714. The vacation of all or part of a plat may include the vacation of any recorded covenants filed with the plat, but only upon a determination that:(1) the platted area is within an area needing redevelopment and the covenant vacation would promote a recovery of property values in the area needing redevelopment by allowing or encouraging normal development and occupancy of the platted area;(2) the covenant vacation is needed to secure for the public adequate light, air, convenience of access, or safety from fire, flood, or other danger; or(3) the covenant vacation is needed to lessen or avoid congestion in the public ways.As added by P.L.126-2011, SEC.24.
IN Code § 36-7-4-715 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-715. Final Decisions of Plan Commission Subject to Review

Sec. 715. (a) The following are final decisions of the plan commission that may be reviewed as provided by section 1016 of this chapter:(1) Primary approval or disapproval of a plat.(2) Imposition of a condition on primary approval of a plat.(3) Approval or disapproval of the vacation of all or part of a plat.(4) Approval or disapproval of the vacation of any recorded covenants filed with the plat.(5) Imposition of a condition on approval of the vacation of all or part of a plat (which may include the vacation of any recorded covenants filed with the plat).(b) The plan commission may adopt a rule to limit further consideration for up to one (1) year after its disapproval, of a plat or vacation request that is disapproved under section 707, 708, 711, 712, or 714 of this chapter.As added by P.L.126-2011, SEC.25.
IN Code § 36-7-4-800 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-800. 800 Series—improvement Location Permit

Sec. 800. This series (sections 800 through 899 of this chapter) may be cited as follows: 800 SERIES─IMPROVEMENT LOCATION PERMIT.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-801 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-801. Improvement Location Permit; Requirement

Sec. 801. (a) ADVISORY. A structure may not be located and an improvement location permit for a structure on platted or unplatted land may not be issued unless the structure and its location conform to the municipal zoning ordinance. However, if the land is unincorporated land that lies within a county that has adopted a zoning ordinance, then the municipal zoning ordinance does not apply and the structure must conform to the county zoning ordinance. A municipality, having adopted a zoning ordinance, may issue and control improvement location permits on unincorporated lands within the jurisdiction of its municipal plan commission if the lands lie within a county that has not adopted a zoning ordinance.(b) AREA─METRO. A zoning ordinance, a subdivision ordinance, or a separate ordinance may require the procurement of:(1) an improvement location permit for the erection, alteration, or repair of any structure on platted or unplatted land; and(2) an occupancy permit for the use of any structure or land regulated by a zoning ordinance, subdivision ordinance, thoroughfare ordinance, or other ordinance relating to land use.If such a provision is adopted, a structure may not be located and a permit may not be issued unless the use, character, and location of the structure is in conformity with the applicable ordinance.(c) AREA. The ordinance under subsection (b) must contain a schedule of fees and must provide that the unit that issues the permit shall receive the fee and pay it into its general fund.[Pre-Local Government Recodification Citations: 18-7-2-57 part; 18-7-4-801; 18-7-4-63 part; 18-7-5-55; 18-7-5-56 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.25.
IN Code § 36-7-4-802 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-802. Improvement Location Permit; Authority to Issue

Sec. 802. (a) ADVISORY. The ordinance may designate the official or employee of the municipality or county who may issue improvement location permits within the jurisdiction of the advisory plan commission and in conformance with the zoning ordinance.(b) AREA. The authority to issue the improvement location permit and the occupancy permit may be delegated by the ordinance to the area plan commission or to other appropriate officers of the county or municipality. If the authority is delegated in part to officers of a municipality, they may not issue permits for structures to be erected outside the corporate boundaries of the municipality.(c) METRO. The metropolitan development commission shall issue improvement location permits and occupancy permits. The commission may delegate this duty to any municipal or county officers.[Pre-Local Government Recodification Citations: 18-7-2-57 part; 18-7-4-802; 18-7-4-63 part; 18-7-5-56 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.26.
IN Code § 36-7-4-803 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-803. Bonds of Contractors, Engineers, and Surveyors; Enforcement of Zoning or Subdivision Ordinance

Sec. 803. (a) AREA─METRO. As an additional means of insuring the enforcement of a zoning or subdivision ordinance, a legislative body may adopt, as a part of either ordinance or by separate ordinance, provisions requiring building contractors to furnish an annual bond of one thousand dollars ($1,000). This bond is to insure that if the construction does not comply with the zoning or subdivision ordinance that it can be made to conform without cost to the municipality, the county, or the person for whom the construction was undertaken.(b) METRO. An ordinance under subsection (a) may also require professional engineers and land surveyors to furnish an annual bond of one thousand dollars ($1,000) to insure that their plans and surveys conform to the zoning or subdivision ordinance.(c) METRO. A person constructing a building for the person's own use and occupancy as a residence or in connection with the person's residence is exempt from any provisions adopted under subsection (a).[Pre-Local Government Recodification Citations: 18-7-2-58 part; 18-7-4-803; 18-7-4-64.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.127-2017, SEC.173.