reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-603. Zoning Ordinance; Preparation and Consideration of Proposals

Sec. 603. In preparing and considering proposals under the 600 series, the plan commission and the legislative body shall pay reasonable regard to:
(1) the comprehensive plan;
(2) current conditions and the character of current structures and uses in each district;
(3) the most desirable use for which the land in each district is adapted;
(4) the conservation of property values throughout the jurisdiction; and
(5) responsible development and growth.
[Pre-Local Government Recodification Citations: 18-7-2-39 part; 18-7-4-603; 18-7-4-47 part; 18-7-5-60 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.17; P.L.220-1986, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-605. Certification of Proposed Ordinance or Zone Map Change

Sec. 605. (a) ADVISORY─AREA. A proposed zoning ordinance shall be certified to each participating legislative body by the plan commission as follows:
(1) If the proposal is to adopt an initial zoning ordinance (or to adopt a replacement zoning ordinance after repealing the entire zoning ordinance, including amendments and zone maps) under section 606 of this chapter, it may be certified only if it receives a favorable recommendation from the commission.
(2) If the proposal is to amend or partially repeal the text (not zone maps) of the ordinance under section 607 of this chapter, it may be certified with a favorable recommendation, an unfavorable recommendation, or no recommendation from the commission.
(3) If the proposal is to change the zone maps incorporated by reference into the ordinance under section 608 of this chapter, it may be certified with a favorable recommendation, an unfavorable recommendation, or no recommendation from the commission.
(b) METRO. Except as provided in subsection (c), a proposal shall be certified to the legislative body by the metropolitan development commission only if it receives a favorable recommendation from the commission.
(c) METRO. A proposal to change the zone maps incorporated by reference into the ordinance under section 608 of this chapter shall be certified to the legislative body of the county or if the proposal concerns real property located within the boundaries of an excluded city (as described in IC 36-3-1-7), the legislative body of the excluded city, regardless of whether the proposal receives a favorable recommendation, an unfavorable recommendation, or no recommendation from the commission.
(d) The legislative body shall consider the recommendation (if any) of the commission before acting on the proposal under section 606, 607, or 608 of this chapter.
[Pre-Local Government Recodification Citations: 18-4-8-3 part; 18-7-2-42; 18-7-4-605; 18-7-4-49; 18-7-5-62 part; 18-7-5-63 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.20; P.L.335-1985, SEC.19; P.L.220-1986, SEC.19; P.L.88-2014, SEC.1; P.L.161-2021, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-608.7. Zoning Ordinance; Alternate Procedure for Changing Zone Maps

Sec. 608.7. (a) A unit, including an excluded city, may adopt the alternate procedure set forth in this section to apply to a proposal, as described in section 602(c) of this chapter, to change the zone maps incorporated by reference into the zoning ordinance.
(b) The plan commission shall comply with section 608(b) of this chapter and certify a favorable recommendation, unfavorable recommendation, or no recommendation to the legislative body under section 605 of this chapter. Except as provided in subsection (c), if the plan commission makes:
(1) a favorable recommendation on the proposal, the proposal (as certified) takes effect as other ordinances:
(A) thirty (30) days after the date of the certification under section 605 of this chapter; or
(B) on a date less than thirty (30) days:
(i) after the date of the certification under section 605 of this chapter; and
(ii) that is specified in the ordinance adopting the alternate procedure; or
(2) an unfavorable recommendation or no recommendation on the proposal, the proposal is defeated:
(A) thirty (30) days after the date of the certification under section 605 of this chapter; or
(B) on a date less than thirty (30) days:
(i) after the date of the certification under section 605 of this chapter; and
(ii) that is specified in the ordinance adopting the alternate procedure.
The plan commission shall notify the legislative body not later than the next business day after a proposal takes effect under subdivision (1) or is defeated under subdivision (2).
(c) If:
(1) any aggrieved person files with the plan commission a written request to have the final determination on the proposal made by the appropriate legislative body; or
(2) the legislative body files a notice with the plan commission that the legislative body shall make the final determination on the proposal;
the legislative body shall make the final determination on the proposal to change the zone map as set forth in section 608 of this chapter. The plan commission shall notify the legislative body in writing of a request under subdivision (1) not later than the next business day after receiving the request.
(d) A request or notice under subsection (c)(1) or (c)(2) must be filed not later than:
(1) twenty-nine (29) days after the date the favorable recommendation, the unfavorable recommendation, or no recommendation of the plan commission is certified under section 605 of this chapter; or
(2) on a date that is less than twenty-nine (29) days:
(A) after the date the favorable recommendation, the unfavorable recommendation, or no recommendation of the plan commission is certified under section 605 of this chapter; and
(B) that is specified in the ordinance adopting the alternate procedure.
As added by P.L.192-2016, SEC.4. Amended by P.L.161-2021, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-609. Zoning Ordinances; Vote Required for Action by Legislative Body; Veto of City Ordinances

Sec. 609. (a) ADVISORY. A legislative body may take action under section 606, 607, or 608 of this chapter only by a vote of at least a majority of all the elected members of the body.
(b) AREA. A legislative body may take action under section 606, 607, or 608 of this chapter only by a vote of at least a majority of all the elected members of the body.
(c) METRO. The legislative body may take action under section 606, 607, or 608 of this chapter only by a vote of at least three-fifths (3/5) of all the elected members of the body.
(d) ADVISORY─AREA. Each city shall determine whether its zoning ordinances will be subject to veto by the executive of the city. If the city legislative body, by general ordinance, so provides, then each zoning ordinance adopted by that city under section 606, 607, or 608 of this chapter may be vetoed by the executive of the city. The executive must exercise the veto:
(1) in a case in which the legislative body adopts (as certified) the proposal, within ten (10) days after the legislative body acts;
(2) in a case in which the legislative body amends the proposal and the plan commission approves the amendment or fails to act, within fifty-five (55) days after the proposal is returned to the plan commission for its consideration;
(3) in a case in which the legislative body amends the proposal and confirms its original amendment by another vote, within ten (10) days after the legislative body confirms its original amendment; or
(4) in a case in which the proposal is to take effect because of the legislative body's failure to act within a period of days, within ten (10) days after the expiration of that period.
(e) If a city zoning ordinance is not vetoed under subsection (d), it takes effect without any action being taken by the executive of the city.
(f) ADVISORY─AREA. If a city zoning ordinance is vetoed under subsection (d), it is defeated unless the city legislative body, at its first regular or special meeting after receiving the veto message, passes the ordinance over the veto by a two-thirds (2/3) vote.
[Pre-Local Government Recodification Citations: 18-7-4-609; 18-7-4-53 part; 18-7-5-67 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.34; P.L.335-1985, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-610.5. Proposed Changes in Zone Maps

Sec. 610.5. This section applies to a proposal, as described in section 602(c) of this chapter, to change the zone maps incorporated by reference into the zoning ordinance. If, not later than one hundred eighty (180) days after adoption of the proposal, the legislative body finds that the proposal was adopted as a result of a person's intentional misrepresentation or omission of material facts, the legislative body may, by a three-fourths (3/4) vote (as described in IC 36-1-8-14), adopt an ordinance to nullify any change in the zone maps that resulted from the misrepresentation or omission. Such an ordinance may be adopted by the legislative body without being referred to the plan commission for consideration and recommendation under sections 604, 605, and 608 of this chapter.
As added by P.L.216-1999, SEC.3. Amended by P.L.125-2001, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-611. Zoning Ordinance; Due Deliberation Presumption; Effectiveness Within Jurisdiction of Adopting Legislative Body

Sec. 611. (a) Any ordinance adopted under the 600 series is presumed to have been adopted after due deliberation in regard to the facts upon which the comprehensive plan was formulated.
(b) AREA. If a proposed zoning ordinance is adopted under section 606, 607, or 608 of this chapter by one (1) or more, but not all, of the participating legislative bodies, it has effect within the jurisdiction of each legislative body that adopted it. The fact that the ordinance was based on a comprehensive plan developed for a larger territorial area does not affect its validity. The plan commission may print the ordinance under section 610 of this chapter as it applies only to certain territorial areas, whenever that would be useful for its enforcement.
[Pre-Local Government Recodification Citations: 18-7-4-611; 18-7-4-54; 18-7-5-67 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-612. Zoning Ordinance; Effect of Prior Ordinances

Sec. 612. (a) ADVISORY. Each zoning ordinance and each amendment to it adopted under any prior statute are validated and continued in effect until amended or repealed by action of the legislative body taken under authority of the advisory planning law. Each zoning ordinance has the same effect even though previously adopted as a comprehensive plan of land use or as a part of such a comprehensive plan.
(b) AREA. Each zoning ordinance that:
(1) was adopted by a county or a participating municipality; and
(2) is in effect at the time of the establishment of a planning department under section 202 of this chapter;
remains in full force and shall be enforced by the planning department under the area planning law until superseded by the zoning ordinance adopted for the jurisdiction under section 606 of the area planning law.
[Pre-Local Government Recodification Citations: 18-7-4-612; 18-7-4-55 part; 18-7-5-68.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.26; P.L.220-1986, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-614. Repealed

As added by P.L.335-1985, SEC.28. Amended by P.L.345-1987, SEC.2; P.L.320-1995, SEC.8. Repealed by P.L.126-2011, SEC.68.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-904. Repealed

[Pre-Local Government Recodification Citations: 18-7-4-904; 18-7-5-73.]
As added by Acts 1981, P.L.309, SEC.23. Repealed by P.L.357-1983, SEC.22.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-908. Repealed

[Pre-Local Government Recodification Citations: 18-7-2-68; 18-7-4-908; 18-7-4-19 part; 18-7-5-21 part; 18-7-5-80.]
As added by Acts 1981, P.L.309, SEC.23. Repealed by Acts 1981, P.L.310, SEC.94.
2023 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.
2023 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.