reglab/housing_qa huggingface dataset:
IN Code § 36-7-4-918.6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-918.6. Board of Zoning Appeals in Certain Counties; Special Exceptions, Uses, and Variances

Sec. 918.6. (a) This section applies to the following:(1) A municipality in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).(2) A county having a population of more than two hundred fifty thousand (250,000) but less than two hundred seventy thousand (270,000).(b) ADVISORY─AREA. Notwithstanding sections 918.2, 918.4, and 918.5 of this chapter, a zoning or subdivision control ordinance shall require that the board of zoning appeals submit any of the following petitions to the legislative body for approval or disapproval:(1) Special exceptions.(2) Special uses.(3) Use variances.(c) ADVISORY─AREA. The board of zoning appeals shall file a petition under this section with the clerk of the legislative body with:(1) a favorable recommendation;(2) an unfavorable recommendation; or(3) no recommendation.(d) ADVISORY─AREA. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the petition at its first regular meeting after the board of zoning appeals files its recommendation.(e) ADVISORY─AREA. A petition is granted or denied when the legislative body votes on the petition as follows:(1) In a county described in subsection (a)(1), the legislative body shall vote on the petition within ninety (90) days after the board of zoning appeals makes its recommendation. If the legislative body does not vote to deny the petition within ninety (90) days, the petition is considered approved.(2) In a county described in subsection (a)(2), the legislative body shall vote on the petition within sixty (60) days after the board of zoning appeals makes its recommendations. If the legislative body does not vote to deny the petition within sixty (60) days, the petition is approved.(f) ADVISORY─AREA. If the legislative body approves a petition, it must make the determination in writing as required under section 918.2, 918.4, or 918.5 of this chapter or as required by the zoning ordinance.As added by P.L.304-1989, SEC.1. Amended by P.L.12-1992, SEC.164; P.L.167-1994, SEC.2; P.L.119-2012, SEC.194; P.L.10-2015, SEC.1.
IN Code § 36-7-4-918.8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-918.8. Board of Zoning Appeals; Metropolitan Development Commission; Exercise of Powers; Variances, Exceptions, or Uses

Sec. 918.8. (a) This section does not apply to a proposed ordinance for the amendment of a zoning ordinance that only affects real property located within the corporate boundaries of an excluded city.(b) METRO. In connection with its consideration of a proposed ordinance for the amendment of the zoning ordinance proposed under section 607(c)(2) of this chapter, the metropolitan development commission may exercise the powers of the metropolitan board of zoning appeals for the purpose of approving or denying:(1) a variance from the development standards of the zoning ordinance; or(2) a special exception, special use, contingent use, or conditional use from the terms of the zoning ordinance.(c) METRO. The commission may, by rule, establish procedures so that the power of the commission to recommend amendment of zoning ordinances and the power of the commission to approve and deny these variances, exceptions, and uses may be exercised concurrently. These rules may be inconsistent with the 900 series to the extent reasonably necessary to allow the commission to exercise the power to approve or deny these variance, exception, and use petitions.(d) METRO. When acting under this section, the commission may:(1) vote on the amendment to the zoning ordinance and the variance, exception, or use petition at the same time; and(2) condition the approval of variance, exception, or use in such a manner that it takes effect when the recommended ordinance amendment is approved by the legislative body.(e) METRO. Section 922 of this chapter does not apply to variances, exceptions, and uses approved under this section.As added by P.L.357-1983, SEC.15. Amended by P.L.161-2021, SEC.10.
IN Code § 36-7-4-919 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-919. Board of Zoning Appeals; Appeal to Board; Grounds; Record; Decision

Sec. 919. (a) An appeal filed with the board of zoning appeals must specify the grounds of the appeal and must be filed within such time and in such form as may be prescribed by the board of zoning appeals by rule.(b) The administrative official, hearing officer, administrative board, or other body from whom the appeal is taken shall, on the request of the board of zoning appeals, transmit to it all documents, plans, and papers constituting the record of the action from which an appeal was taken.(c) Certified copies of the documents, plans, and papers constituting the record may be transmitted for purposes of subsection (b).(d) Upon appeal, the board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from. For this purpose, the board has all the powers of the official, officer, board, or body from which the appeal is taken.(e) The board shall make a decision on any matter that it is required to hear under the 900 series either:(1) at the meeting at which that matter is first presented; or(2) at the conclusion of the hearing on that matter, if it is continued.(f) Within five (5) days after making any decision under the 900 series, the board of zoning appeals shall file in the office of the board a copy of its decision.[Pre-Local Government Recodification Citations: 18-7-2-70 part; 18-7-4-919; 18-7-4-79; 18-7-5-83.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.49; P.L.357-1983, SEC.16.
IN Code § 36-7-4-920 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-920. Board of Zoning Appeals, Hearing on Administrative Appeals, Exceptions, Uses, and Variances; Notice; Appearance

Sec. 920. (a) The board of zoning appeals shall fix a reasonable time for the hearing of administrative appeals, exceptions, uses, and variances.(b) Public notice in accordance with IC 5-3-1-2 and IC 5-3-1-4 and due notice to interested parties shall be given at least ten (10) days before the date set for the hearing.(c) The party taking the appeal, or applying for the exception, use, or variance, may be required to assume the cost of public notice and due notice to interested parties. At the hearing, each party may appear in person, by agent, or by attorney.(d) The board shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.(e) The staff (as defined in the zoning ordinance), if any, may appear before the board at the hearing and present evidence in support of or in opposition to the granting of a variance or the determination of any other matter.(f) Other persons may appear and present relevant evidence.(g) A person may not communicate with any member of the board before the hearing with intent to influence the member's action on a matter pending before the board. Not less than five (5) days before the hearing, however, the staff (as defined in the zoning ordinance), if any, may file with the board a written statement setting forth any facts or opinions relating to the matter.(h) The board may require any party adverse to any pending petition to enter a written appearance specifying the party's name and address. If the written appearance is entered more than four (4) days before the hearing, the board may also require the petitioner to furnish each adverse party with a copy of the petition and a plot plan of the property involved.[Pre-Local Government Recodification Citations: 18-7-2-71 part; 18-7-2-72; 18-7-2-73; 18-7-4-920; 18-7-4-80; 18-7-5-84.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.50; Acts 1982, P.L.212, SEC.6; P.L.357-1983, SEC.17.
IN Code § 36-7-4-1000 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1000. 1000 Series—remedies and Enforcement

Sec. 1000. This series (sections 1000 through 1099 of this chapter) may be cited as follows: 1000 SERIES─REMEDIES AND ENFORCEMENT.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-1001 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1001. Remedies and Enforcement; Stay of Proceedings and Work on Premises Affected Pending Appeal to Board of Zoning Appeals

Sec. 1001. (a) When an appeal from the decision of an official or board has been filed with the board of zoning appeals, proceedings and work on the premises affected shall be stayed unless the official or board certifies to the board of zoning appeals that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In that case, proceedings or work may not be stayed except by a restraining order.(b) After notice to the officer or board and to the owner of the premises affected and after due cause is shown, the circuit or superior court of the county in which the premises affected are located may grant the restraining order.[Pre-Local Government Recodification Citations: 18-7-2-74; 18-7-4-1001; 18-7-4-81; 18-7-5-85.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.53.
IN Code § 36-7-4-1002 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1002. Remedies and Enforcement; Stay Order

Sec. 1002. After the owner of, or a person in charge of the work on, the premises affected has received notice that an appeal has been filed with the board of zoning appeals, the official or board charged with the enforcement of an ordinance, under the 600 series of this chapter, may order the work stayed and call on the police power of the municipality or county to give effect to that order.[Pre-Local Government Recodification Citations: 18-7-2-75; 18-7-4-1002; 18-7-4-82; 18-7-5-86.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-1003 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1003. Judicial Review

Sec. 1003. (a) Each decision of the legislative body under section 918.6 of this chapter is subject to judicial review in the same manner as that provided for the appeal of a final decision of the board of zoning appeals under section 1016(a) of this chapter.(b) METRO. This subsection does not apply to an excluded city. A petition for judicial review must be filed with the court after the expiration of the period within which an official designated by the metropolitan development commission or a member of the legislative body of the city and county may file an appeal under section 922 of this chapter but not later than the period provided for timely filing under section 1605 of this chapter. However, if the official, or the member of the legislative body of the city and county files an appeal, then only the decision of the metropolitan development commission sitting as a board of zoning appeals is subject to judicial review. The official, the department of metropolitan development, or the member of the legislative body of the city and county may not seek judicial review of a decision of a board of zoning appeals or the commission sitting as a board of zoning appeals.(c) METRO. This subsection applies only to an excluded city. A petition for judicial review must be filed with the court:(1) after the expiration of the period within which a member of the excluded city legislative body may file an appeal under section 922 of this chapter; and(2) not later than the period provided for timely filing under section 1605 of this chapter.However, if the member of the legislative body of the excluded city files an appeal, then only the decision of the legislative body of the excluded city sitting as a board of zoning appeals is subject to judicial review. The member of the excluded city legislative body or the excluded city legislative body may not seek judicial review of a decision of the board of zoning appeals of the excluded city or the legislative body of the excluded city sitting as a board of zoning appeals.[Pre-Local Government Recodification Citations: 18-7-2-76 part; 18-7-4-1003; 18-7-4-83 part; 18-7-5-87.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.304-1989, SEC.2; P.L.1-1990, SEC.360; P.L.320-1995, SEC.17; P.L.150-2003, SEC.1; P.L.126-2011, SEC.33; P.L.88-2014, SEC.4; P.L.161-2021, SEC.12.
IN Code § 36-7-4-1012 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1012. Remedies and Enforcement; Violation as Common Nuisance

Sec. 1012. An ordinance adopted under this chapter may provide that a structure erected, raised, or converted, or land or premises used, in violation of this chapter or an ordinance or regulation made under this chapter, is a common nuisance and that the owner or possessor of the structure, land, or premises is liable for maintaining a common nuisance.[Pre-Local Government Recodification Citations: 18-7-2-83 part; 18-7-4-1012; 18-7-4-90 part; 18-7-5-94 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.56.
IN Code § 36-7-4-1013 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1013. Remedies and Enforcement; Prosecution; Attorneys

Sec. 1013. (a) When the legislative body provides penalties for failure to comply with any ordinance adopted under this chapter, the municipal attorney or an attorney representing the county, as the case may be, shall, on receipt of information of the violation of any ordinance, make an investigation of the alleged violation. If acts elicited by the investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, the municipal attorney or an attorney representing the county may file a complaint against the person and prosecute the alleged violation under IC 36-1-6.(b) The plan commission or a board of zoning appeals may request the prosecuting attorney of the county to take appropriate action in any case involving the violation of any ordinance or regulation adopted under this chapter.(c) The plan commission may appoint one (1) or more attorneys to advise the planning staff and to assist in the enforcement of any ordinances and regulations adopted under this chapter. Subject to the 400 series of this chapter, an area plan commission may employ one (1) attorney on a full-time basis so that the attorney can become fully informed on the specialized law of planning, zoning, and subdivision control.(d) The services of attorneys appointed by the plan commission under subsection (c) shall be made available without extra compensation to the prosecuting attorney in all cases involving ordinances or regulations adopted under this chapter. The attorneys may be deputized to act for and under the direction of the prosecuting attorney.(e) In civil actions for the enforcement of ordinances or regulations adopted under this chapter, an attorney appointed by the plan commission may bring an action in the name of the plan commission.[Pre-Local Government Recodification Citations: 18-7-2-83 part; 18-7-4-1013; 18-7-4-90 part; 18-7-5-94 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.137-1989, SEC.16; P.L.126-2011, SEC.34.
IN Code § 36-7-4-1014 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1014. Remedies and Enforcement; Allowable Actions

Sec. 1014. (a) The plan commission, board of zoning appeals, or any enforcement official designated in the zoning ordinance may bring an action under IC 36-1-6 to enforce any ordinance adopted or action taken under this chapter.(b) The plan commission, board of zoning appeals, or any enforcement official designated in the zoning ordinance may also bring an action to enforce:(1) conditions imposed by the commission or board of zoning appeals under this chapter; or(2) covenants made in connection with a subdivision plat, a development plan, or a PUD district ordinance (as defined in section 1503 of this chapter).(c) ADVISORY. In addition, in each county having a metropolitan plan commission, if the county or second class city adopts a zoning ordinance under this chapter, then that unit may also invoke any remedy under this section. However, the county may do so only outside the corporate boundaries of the city, and the city may do so only within its corporate boundaries.(d) The plan commission, board of zoning appeals, or designated enforcement official may invoke any legal, equitable, or special remedy in an action described in subsection (a) or (b).(e) An action for the levy of a fine or penalty for enforcement of a zoning ordinance may be brought in any court located within the jurisdiction of the plan commission or board of zoning appeals.(f) If the plan commission, board of zoning appeals, or designated enforcement official is successful in an action brought under this section, the respondent shall bear the costs of the action. A change of venue from the county may not be granted in such an action.[Pre-Local Government Recodification Citations: 18-4-8-9 part; 18-7-2-20 part; 18-7-2-84.1 part; 18-7-3-8.5; 18-7-4-1014; 18-7-4-1015 part; 18-7-4-25 part; 18-7-5-28 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.27; P.L.2-1989, SEC.27; P.L.261-1993, SEC.1; P.L.16-1995, SEC.13; P.L.320-1995, SEC.19; P.L.126-2011, SEC.35.
IN Code § 36-7-4-1017 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1017. Remedies and Enforcement; Status of Structures Erected in Violation

Sec. 1017. In an action or proceeding by the municipality or county for the taking, appropriation, or condemnation of land, or in an action against the municipality or county, no compensation or damages may be awarded for the taking of or injury to any structure erected in violation of:(1) an ordinance adopted under this chapter; or(2) any prior ordinance superseded by an ordinance adopted under this chapter.This section applies only if the structure remains in violation at the time of the taking, appropriation, or condemnation.[Pre-Local Government Recodification Citations: 18-7-2-86; 18-7-4-1017; 18-7-4-92; 18-7-5-96.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.58.
IN Code § 36-7-4-1018 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1018. Violations; Penalties; Ordinances

Sec. 1018. Ordinances adopted under this chapter may provide for penalties for violations, subject to IC 36-1-3-8.[Pre-Local Government Recodification Citations: 18-7-2-87; 18-7-4-1018; 18-7-4-93; 18-7-5-97.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.59.
IN Code § 36-7-4-1019 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1019. Remedies and Enforcement; Nonconforming Use or Variance; Burden of Proof; Reconstruction of Nonconforming Structure Permitted; Conditions; Certain Reconstruction Not Authorized

Sec. 1019. (a) In an enforcement action brought under this chapter, the party alleging the existence of a legal, nonconforming use or variance granted by a board of zoning appeals has the burden of proof on that issue. The nonexistence of a nonconforming use or variance need not be proved.(b) Except as provided in subsection (c), this subsection applies whenever a legal, nonconforming structure on a parcel of real property used for residential purposes is damaged or destroyed. The owner of the parcel shall be permitted to reconstruct, repair, or renovate the nonconforming structure if the reconstruction, repair, or renovation meets the following requirements:(1) The structure will continue to be used for residential purposes.(2) The new foundation of the reconstructed, repaired, or renovated structure may not exceed the square footage of the foundation of the damaged or destroyed structure.(c) The provisions of subsection (b) concerning the reconstruction, repair, or renovation of a damaged or destroyed nonconforming structure do not authorize the reconstruction, repair, or renovation of a damaged or destroyed nonconforming structure that is:(1) subject to the jurisdiction of a preservation commission organized under:(A) IC 36-7-11;(B) IC 36-7-11.1;(C) IC 36-7-11.2; or(D) IC 36-7-11.3; or(2) located within a flood plain (as defined in IC 14-8-2-99).[Pre-Local Government Recodification Citation: 18-7-2-85 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.60; P.L.134-2020, SEC.1.
IN Code § 36-7-4-1020 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1020. Ordinances; Presumption of Validity; Official Notice

Sec. 1020. (a) All ordinances adopted under this chapter are presumed to have been validly adopted.(b) A plan commission or a board of zoning appeals shall take official notice of all ordinances adopted under this chapter.[Pre-Local Government Recodification Citation: 18-7-2-85 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.61; P.L.220-1986, SEC.28; P.L.126-2011, SEC.38.
IN Code § 36-7-4-1100 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1100. 1100 Series—miscellaneous Provisions

Sec. 1100. This series (sections 1100 through 1199 of this chapter) may be cited as follows: 1100 SERIES─MISCELLANEOUS PROVISIONS.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-1101 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1101. Miscellaneous Provisions; Application

Sec. 1101. AREA. The area planning law does not apply in a county where countywide planning and zoning is required by statute.[Pre-Local Government Recodification Citations: 18-7-4-1101; 18-7-4-98.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.12-1992, SEC.165; P.L.10-2015, SEC.2.
IN Code § 36-7-4-1102 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-1102. Miscellaneous Provisions; Supplemental Nature of Planning Law

Sec. 1102. This chapter is supplemental to and does not abrogate the powers extended to agencies, bureaus, departments, commissions, divisions, or officials of state government by other statutes and these powers remain in effect. Powers of supervision and regulation by these entities of state government over political subdivisions or persons also are not abrogated and continue in effect.[Pre-Local Government Recodification Citations: 18-7-4-1102; 18-7-5-98.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.126-2011, SEC.39.