reglab/housing_qa huggingface dataset:
IN Code § 36-7-3-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 3. Platting and Vacation of Real Property|36-7-3-16. Vacation of Platted Easements; Public Utility's Use of Public Way or Place Notwithstanding Vacation Proceedings; Waiver

Sec. 16. (a) Platted easements may be vacated in the same manner as public ways and public places, in accordance with section 12 of this chapter or with IC 36-7-4-712, whichever is applicable.(b) Notwithstanding this article, vacation proceedings do not deprive a public utility of the use of all or part of a public way or public place to be vacated, if, at the time the proceedings are instituted, the utility is occupying and using all or part of that public way or public place for the location and operation of its facilities. However, the utility may waive its rights under this subsection by filing its written consent in the vacation proceedings.[Pre-Local Government Recodification Citation: 18-5-10-51.]As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC.7.
IN Code § 36-7-4-0.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:(1) The amendments made to sections 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, and 701 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.(2) The addition of sections 613 and 614 of this chapter by P.L.335-1985 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.(3) The amendments made to sections 214, 503, 504, 506, 509, 510, 511, 601, 602, 603, 604, 605, 606, 610, 612, 711, 712, 801, 802, 1014, and 1020 of this chapter by P.L.220-1986 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.220-1986 had not been enacted.As added by P.L.220-2011, SEC.658.
IN Code § 36-7-4-0.3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-0.3. Operation of Certain Area Plan Commissions; Legalization of Certain Actions Taken After June 30, 1997, and Before January 1, 1999

Sec. 0.3. Notwithstanding the amendments made to section 207 of this chapter by P.L.225-1997, an area plan commission that existed before May 12, 1997, may continue to operate until January 1, 1999, under section 207 of this chapter as it existed before May 12, 1997. Any actions taken after June 30, 1997, and before January 1, 1999, by an area plan commission operating under this section that otherwise comply with the Area Planning Law are legalized and validated.As added by P.L.220-2011, SEC.659.
IN Code § 36-7-4-0.4 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-0.4. Legalization of Acts of Certain Plan Commissions Taken After September 30, 1999, and Before March 16, 2000

Sec. 0.4. (a) This section applies to a county plan commission that did not have a township trustee appointed to the plan commission as a member in accordance with IC 36-7-4-208(a)(5) on or after October 1, 1999.(b) The acts of the plan commission taken after September 30, 1999, and before March 16, 2000, are legalized.As added by P.L.220-2011, SEC.660.
IN Code § 36-7-4-100 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-100. 100 Series—applicability and Rules of Construction

Sec. 100. This series (sections 100 through 199 of this chapter) may be cited as follows: 100 SERIES─APPLICABILITY AND RULES OF CONSTRUCTION.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-101 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-101. "Advisory Planning Law" Defined

Sec. 101. The "advisory planning law" consists of those parts of this chapter that are applicable to advisory planning. Sections and subsections of this chapter with headings that include "ADVISORY" apply to advisory planning. In addition, sections and subsections of this chapter without headings apply to advisory planning as well as area planning and metropolitan development.[Pre-Local Government Recodification Citation: 18-7-4-101.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-102 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-102. "Area Planning Law" Defined

Sec. 102. The "area planning law" consists of those parts of this chapter that are applicable to area planning. Sections and subsections of this chapter with headings that include "AREA" apply to area planning. In addition, sections and subsections of this chapter without headings apply to area planning as well as advisory planning and metropolitan development.[Pre-Local Government Recodification Citation: 18-7-4-102.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-103 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-103. "Metropolitan Development Law" Defined

Sec. 103. The "metropolitan development law" consists of those parts of this chapter that are applicable to metropolitan development. Sections and subsections of this chapter with headings that include "METRO" apply to metropolitan development. In addition, sections and subsections of this chapter without headings apply to metropolitan development as well as area planning and advisory planning.[Pre-Local Government Recodification Citation: 18-7-2-3 part.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-104 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-104. "Series" Defined

Sec. 104. A citation in this chapter to the term "series", preceded by a numerical designation and two (2) zeroes, shall be construed as a reference to all the sections of this chapter (including the advisory planning law, the area planning law, and the metropolitan development law) that have that same numerical designation.[Pre-Local Government Recodification Citation: 18-7-4-114.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-106 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-106. Prior Law Construed

Sec. 106. If a provision of the prior advisory planning laws, area planning laws, township joinder laws, or metropolitan development laws has been replaced in the same form or in a restated form, by a provision of this chapter, then a citation to the provision of the prior law shall be construed as a citation to the corresponding provision of this chapter.[Pre-Local Government Recodification Citation: 18-7-4-124.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-107 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-107. Reorganized Units; Exercise of Powers by Resolution

Sec. 107. If a provision of this chapter requires a power to be exercised by adoption of an ordinance, a unit described in IC 36-7-2-1(b) shall exercise the power by adoption of a resolution.As added by P.L.202-2013, SEC.33.
IN Code § 36-7-4-200 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-200. 200 Series—establishment and Membership of Commission

Sec. 200. This series (sections 200 through 299 of this chapter) may be cited as follows: 200 SERIES─COMMISSION ESTABLISHMENT AND MEMBERSHIP.[Local Government Recodification Citation: New.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-201 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-201. Manner of Exercising Planning and Zoning Powers; Purpose; Countywide Planning and Zoning Entities; County Containing Consolidated City

Sec. 201. (a) For purposes of IC 36-1-3-6, a unit wanting to exercise planning and zoning powers in Indiana, including the issuance of permits under IC 8-1-32.3 (except as otherwise provided in IC 8-1-32.3), must do so in the manner provided by this chapter.(b) The purpose of this chapter is to encourage units to improve the health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities to the end:(1) that highway systems be carefully planned;(2) that new communities grow only with adequate public way, utility, health, educational, and recreational facilities;(3) that the needs of agriculture, forestry, industry, and business be recognized in future growth;(4) that residential areas provide healthful surroundings for family life; and(5) that the growth of the community is commensurate with and promotive of the efficient and economical use of public funds.(c) Furthermore, municipalities and counties may cooperatively establish single and unified planning and zoning entities to carry out the purpose of this chapter on a countywide basis.(d) METRO. Expanding urbanization in each county having a consolidated city has created problems that have made the unification of planning and zoning functions a necessity to insure the health, safety, morals, economic development, and general welfare of the county. To accomplish this unification, a single planning and zoning authority is established for the county. However, in an excluded city (as described in IC 36-3-1-7):(1) the legislative body of the excluded city; and(2) the board of zoning appeals of the excluded city, if the excluded city has a board of zoning appeals;have exclusive territorial jurisdiction within the boundaries of the excluded city. Unless expressly provided otherwise, any reference in this chapter to the legislative body with regard to an excluded city is a reference to the legislative body of the excluded city, and any reference in this chapter to the board of zoning appeals with regard to an excluded city is a reference to the board of zoning appeals of the excluded city, if the excluded city has a board of zoning appeals.[Pre-Local Government Recodification Citations: 18-7-2-1; 18-7-3-1 part; 18-7-3-7 part; 18-7-4-201; 18-7-4-1; 18-7-5-1 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.5; P.L.192-1984, SEC.3; P.L.82-2005, SEC.7; P.L.145-2015, SEC.7; P.L.161-2021, SEC.2.
IN Code § 36-7-4-201.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-201.1. Zoning Ordinances; Satellite Receiver Antennas and Other Types of Antennas

Sec. 201.1. A local zoning ordinance that addresses a satellite receiver antenna and another type of antenna is void unless the zoning ordinance:(1) has a reasonable and clearly defined health, safety, or aesthetic objective;(2) does not:(A) impose an unreasonable restriction on or prevent the reception of satellite signals by satellite receiver antennas; or(B) impose costs on the users of satellite receiver antennas that are excessive in comparison to the purchase and installation cost of the satellite receiver antennas; and(3) does not prohibit installation of a satellite receiver antenna that is not more than two (2) feet in diameter.As added by P.L.167-1994, SEC.1.
IN Code § 36-7-4-202 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-202. Establishment; Authorization

Sec. 202. (a) ADVISORY. The legislative body of a county or municipality may establish by ordinance an advisory plan commission. In addition, in a county having a population of:(1) more than one hundred seventy-five thousand (175,000) but less than one hundred eighty-five thousand (185,000); or(2) more than one hundred fifteen thousand (115,000) but less than one hundred twenty-five thousand (125,000);the legislative bodies of that county and of the city having the largest population in that county may establish by identical ordinances a metropolitan plan commission as a department of county government. These ordinances must specify the legal name of the commission for purposes of section 404(a) of this chapter.(b) AREA. There may be established in each county an area planning department in the county government, having:(1) an area plan commission;(2) an area board of zoning appeals;(3) an executive director; and(4) such staff as the area plan commission considers necessary.Each municipality and each county desiring to participate in the establishment of a planning department may adopt an ordinance adopting the area planning law, fix a date for the establishment of the planning department, and provide for the appointment of its representatives to the commission. When a municipality or a county adopts such an ordinance, it shall certify a copy of the ordinance to each legislative body within the county. When a county and at least one (1) municipality within the county each adopt an ordinance adopting the area planning law and fix a date for the establishment of the department, the legislative body of the county shall establish the planning department.(c) METRO. A metropolitan development commission is established in the department of metropolitan development of the consolidated city. The legislative body of the consolidated city may adopt ordinances to regulate the following:(1) The time that the commission holds its meetings.(2) The voting procedures of the commission.[Pre-Local Government Recodification Citations: 18-4-8-8 part; 18-7-2-4 part; 18-7-3-1 part; 18-7-3-2 part; 18-7-4-202; 18-7-4-3; 18-7-4-4; 18-7-4-5; 18-7-4-6 part; 18-7-5-1 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.12-1992, SEC.163; P.L.164-1995, SEC.15; P.L.170-2002, SEC.152; P.L.119-2012, SEC.193.
IN Code § 36-7-4-202.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-202.5. Reorganized Units; Adoption of Advisory Plan Commission

Sec. 202.5. (a) ADVISORY. Notwithstanding any other law, the legislative body of a unit described in IC 36-7-2-1(b) may establish by resolution an advisory plan commission.(b) ADVISORY. If an advisory plan commission is established under this section by a unit described in IC 36-7-2-1(b) and the unit adopts a comprehensive plan under this chapter:(1) the advisory plan commission of the unit shall exercise the planning and zoning functions within the unit;(2) the advisory plan commission of the unit may not exercise planning and zoning functions 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);(3) the county plan commission may not exercise planning and zoning functions within the unit; and(4) except as provided in subdivision (2), a municipal plan commission of a municipality (other than a municipality that participated in the reorganization of the unit under IC 36-1.5) may not exercise planning and zoning functions within the unit.Notwithstanding any other law, if a municipality (other than a municipality that participated in the reorganization of the unit under IC 36-1.5) annexes territory within a unit described in IC 36-7-2-1(b) after the unit has established an advisory plan commission under this section, the municipal plan commission of that municipality may not exercise planning and zoning functions within that annexed territory.(c) ADVISORY. Except as specifically provided in this chapter, an advisory plan commission established under this section by a unit described in IC 36-7-2-1(b) shall exercise the planning and zoning functions within the unit in the same manner that a municipal plan commission established under this chapter exercises planning and zoning functions for a municipality.(d) ADVISORY. Notwithstanding any other provision, if an advisory plan commission is established under this section by a unit described in IC 36-7-2-1(b), 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 advisory plan commission;(2) the person or entity that shall appoint or remove those members;(3) any required qualifications for those members;(4) the terms of those members; and(5) whether any members or advisory members shall be appointed by the county in which the unit is located or by a municipality located within the unit.As added by P.L.202-2013, SEC.34.
IN Code § 36-7-4-203 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-203. Establishment; Exercise of Planning and Zoning Authority

Sec. 203. (a) ADVISORY. After a metropolitan plan commission is established, it shall exercise exclusively the planning and zoning functions of the county and of the second class city, and the separate planning and zoning functions of the county plan commission and the city plan commission cease.(b) AREA. After the planning department is established and the participating legislative bodies have adopted a zoning ordinance, the planning department shall exercise exclusively the planning and zoning functions of the county and of the participating municipalities, except as provided in section 901(i) of this chapter. Where other statutes confer planning and zoning authority on a participating municipality or a county, their plan commissions shall continue to exercise that authority until such time as the planning department is established and the participating legislative bodies adopt a zoning ordinance.[Pre-Local Government Recodification Citations: subsection (a) formerly 18-7-3-2 part; 18-7-3-8 part; 18-7-3-11 part;subsection (b) formerly 18-7-4-203; 18-7-4-6 part; 18-7-4-94 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.6; P.L.126-2011, SEC.5.
IN Code § 36-7-4-204 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-204. Establishment; Participation by Other Municipalities Within County

Sec. 204. AREA. After the planning department is established, other municipalities within the county may adopt ordinances adopting the area planning law and provide for the appointment of their representatives to the area plan commission. In such a case, the membership of the commission shall be increased according to the formula provided in sections 207, 208, 209, and 211 of this chapter and the authority of a municipal plan commission and municipal board of zoning appeals ceases, except as provided in section 901(i) of this chapter, as of the time specified in that ordinance. The composition of any such municipal board of zoning appeals, or of any such board later organized, under the advisory planning law, must conform with that law, except that those members of such a board to be appointed from the municipal plan commission shall instead be appointed from the area plan commission.[Pre-Local Government Recodification Citations: 18-7-4-204; 18-7-4-7.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.126-2011, SEC.6.
IN Code § 36-7-4-206 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-206. Establishment; Extent of Territorial Authority of Nonparticipating Municipality

Sec. 206. AREA. After the planning department is established, a nonparticipating municipality may not exercise planning and zoning powers outside its corporate boundaries.[Pre-Local Government Recodification Citations: 18-7-4-206; 18-7-4-6 part.]As added by Acts 1981, P.L.309, SEC.23.
IN Code § 36-7-4-209 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 4. Local Planning and Zoning|36-7-4-209. Membership of Commission; Representatives for a Municipality; Numbers; Appointments

Sec. 209. (a) AREA. When the number of representatives for a municipality is two (2), one (1) is a member of the municipal legislative body appointed by the legislative body and the other is a citizen member appointed by the municipal executive.(b) AREA. When the number of representatives for a municipality is three (3), one (1) is a member of the legislative body appointed by the legislative body and two (2) are citizen members appointed by the executive.(c) AREA. When the number of representatives for a municipality is four (4), one (1) is a member of the works board or the board of sanitary commissioners, appointed by the executive, one (1) is a member of the legislative body appointed by the legislative body, and two (2) are citizen members appointed by the executive.(d) AREA. When the number of representatives for a municipality is five (5) or more, one (1) is a member of the works board or the board of sanitary commissioners, appointed by the executive, one (1) is a member of the legislative body appointed by the legislative body, and the remainder are citizen members appointed by the executive.[Pre-Local Government Recodification Citations: 18-7-3-4 part; 18-7-4-209; 18-7-4-11; 18-7-5-7 part; 18-7-5-12 part.]As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.226-1997, SEC.2; P.L.126-2011, SEC.8.