reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-911. Board of Zoning Appeals; Official Action

Sec. 911. Action of the board of zoning appeals is not official, unless it is authorized by a majority of the entire membership of the board.
[Pre-Local Government Recodification Citations: 18-7-2-64 part; 18-7-4-911; 18-7-4-72 part; 18-7-5-76 part.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-912. Board of Zoning Appeals; Chair and Vice Chair

Sec. 912. At the first meeting of each year, the board of zoning appeals shall elect a chair and vice chair from its members. The vice chair may act as chair during the absence or disability of the chair.
[Pre-Local Government Recodification Citations: 18-7-2-63; 18-7-4-912; 18-7-4-71; 18-7-5-75.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.127-2017, SEC.176.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-913. Board of Zoning Appeals; Secretary and Employees

Sec. 913. The board of zoning appeals may appoint a secretary and such employees as are necessary for the discharge of its duties.
[Pre-Local Government Recodification Citations: 18-7-2-65; 18-7-4-913; 18-7-4-73; 18-7-5-77.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-914. Board of Zoning Appeals; Facilities

Sec. 914. The plan commission shall provide for suitable facilities for the holding of board of zoning appeals' hearings and for the preserving of records, documents, and accounts.
[Pre-Local Government Recodification Citations: 18-7-2-66; 18-7-4-914; 18-7-4-74; 18-7-5-78.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-915. Board of Zoning Appeals; Minutes and Records

Sec. 915. The board of zoning appeals shall keep minutes of its proceedings and record the vote on all actions taken. All minutes and records shall be filed in the office of the board and are public records. The board shall in all cases heard by it make written findings of fact.
[Pre-Local Government Recodification Citations: 18-7-2-69 part; 18-7-4-915; 18-7-4-77 part; 18-7-5-81 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.46.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-916. Board of Zoning Appeals; Rules

Sec. 916. (a) The board of zoning appeals shall adopt rules, which may not conflict with the zoning ordinance, concerning:
(1) the filing of appeals;
(2) the application for variances, special exceptions, special uses, contingent uses, and conditional uses;
(3) the giving of notice;
(4) the conduct of hearings; and
(5) the determination of whether a variance application is for a variance of use or for a variance from the development standards (such as height, bulk, or area).
(b) The board of zoning appeals may also adopt rules providing for:
(1) subject to section 916.5 of this chapter (in the case of a metropolitan board of zoning appeals), the allocation of cases filed among the divisions of the board of zoning appeals; and
(2) the fixing of dates for hearings by the divisions.
(c) Rules adopted by the board of zoning appeals shall be printed and be made available to all applicants and other interested persons.
[Pre-Local Government Recodification Citations: 18-7-2-59 part; 18-7-2-69 part; 18-7-4-916; 18-7-4-77 part; 18-7-5-81 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.47; Acts 1982, P.L.212, SEC.4; P.L.357-1983, SEC.8; P.L.161-2021, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-916.5. Allocation of Cases Between Divisions

Sec. 916.5. METRO. The board of zoning appeals shall allocate:
(1) appeals; and
(2) applications for variances, special exceptions, special uses, contingent uses, and conditional uses;
to a division of the board of zoning appeals that has at least one (1) member of the board who is a resident of a township in which the property that is the subject of the appeal or application is located.
As added by P.L.161-2021, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-917. Board of Zoning Appeals; Appropriations

Sec. 917. The fiscal body of the municipality or county, as the case may be, may appropriate under section 308 of this chapter such amounts as are necessary to carry out the duties of the board of zoning appeals.
[Pre-Local Government Recodification Citations: 18-7-4-917; 18-7-4-75; 18-7-5-79.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-918. Repealed

[Pre-Local Government Recodification Citations: 18-7-2-70 part; 18-7-2-71 part; 18-7-3-13 part; 18-7-4-918; 18-7-4-78; 18-7-5-82.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.48; Acts 1982, P.L.212, SEC.5. 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 › 36-7-4-918.1. Board of Zoning Appeals; Review of Orders, Requirements, Decisions, or Determinations

Sec. 918.1. A board of zoning appeals shall hear and determine appeals from and review:
(1) any order, requirement, decision, or determination made by an administrative official, hearing officer, or staff member under the zoning ordinance;
(2) any order, requirement, decision, or determination made by an administrative board or other body except a plan commission in relation to the enforcement of the zoning ordinance; or
(3) any order, requirement, decision, or determination made by an administrative board or other body except a plan commission in relation to the enforcement of an ordinance adopted under this chapter requiring the procurement of an improvement location or occupancy permit.
As added by P.L.357-1983, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-918.2. Board of Zoning Appeals; Special Exceptions and Certain Uses; Approval or Denial

Sec. 918.2. A board of zoning appeals shall approve or deny all:
(1) special exceptions;
(2) special uses;
(3) contingent uses; and
(4) conditional uses;
from the terms of the zoning ordinance, but only in the classes of cases or in the particular situations specified in the zoning ordinance. The board may impose reasonable conditions as a part of its approval.
As added by P.L.357-1983, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-918.3. Board of Zoning Appeals; Variance From Use District or Classification

Sec. 918.3. AREA. Neither the area board of zoning appeals nor any other board of zoning appeals continued in existence under the area planning law may grant a variance from a use district or classification under the area planning law.
As added by P.L.357-1983, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-918.4. Board of Zoning Appeals; Variance of Use

Sec. 918.4. ADVISORY─METRO. A board of zoning appeals shall approve or deny variances of use from the terms of the zoning ordinance. The board may impose reasonable conditions as a part of its approval. A variance may be approved under this section only upon a determination in writing that:
(1) the approval will not be injurious to the public health, safety, morals, and general welfare of the community;
(2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(3) the need for the variance arises from some condition peculiar to the property involved;
(4) the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(5) the approval does not interfere substantially with the comprehensive plan adopted under the 500 series of this chapter.
As added by P.L.357-1983, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-918.5. Board of Zoning Appeals; Variance From Development Standards

Sec. 918.5. (a) A board of zoning appeals shall approve or deny variances from the development standards (such as height, bulk, or area) of the zoning ordinance. The board may impose reasonable conditions as a part of the board's approval. A variance may be approved under this section only upon a determination in writing that:
(1) the approval will not be injurious to the public health, safety, morals, and general welfare of the community;
(2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(3) the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. However, the zoning ordinance may establish a stricter standard than the "practical difficulties" standard prescribed by this subdivision.
(b) Before approval of a proposal involving a structure regulated under IC 8-21-10 may become effective, the board of zoning appeals must have received:
(1) a copy of:
(A) the permit for the structure issued by the Indiana department of transportation; or
(B) the Determination of No Hazard to Air Navigation issued by the Federal Aviation Administration; and
(2) evidence that notice was delivered to a public use airport as required in IC 8-21-10-3 not less than sixty (60) days before the proposal is considered.
(c) Only the plan commission (or plat committee acting on the commission's behalf) may grant a waiver from standards that are fixed in the subdivision control ordinance, as provided in section 702(c) of this chapter.
As added by P.L.357-1983, SEC.14. Amended by P.L.54-2002, SEC.6; P.L.126-2011, SEC.30.
2023 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) and less than seven hundred thousand (700,000).
(2) A county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).
(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; P.L.104-2022, SEC.176.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-921. Repealed

[Pre-Local Government Recodification Citation: 18-7-2-70 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.51; P.L.357-1983, SEC.18; P.L.320-1995, SEC.13. 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 › 36-7-4-1000. 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1004. Repealed

[Pre-Local Government Recodification Citations: 18-7-2-76 part; 18-7-4-1004; 18-7-4-83 part.]
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 › 36-7-4-1005. Repealed

[Pre-Local Government Recodification Citations: 18-7-2-77; 18-7-4-1005; 18-7-4-84; 18-7-5-88.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.320-1995, SEC.18; P.L.150-2003, SEC.2. 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 › 36-7-4-1006. Repealed

[Pre-Local Government Recodification Citations: 18-7-2-78; 18-7-4-1006; 18-7-4-85; 18-7-5-89.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.150-2003, SEC.3. 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 › 36-7-4-1007. Repealed

[Pre-Local Government Recodification Citations: 18-7-2-79; 18-7-4-1007; 18-7-4-86; 18-7-5-90.]
As added by Acts 1981, P.L.309, SEC.23. 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 › 36-7-4-1008. Repealed

[Pre-Local Government Recodification Citations: 18-7-2-80; 18-7-4-1008; 18-7-4-87; 18-7-5-91.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.54. 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 › 36-7-4-1009. Repealed

[Pre-Local Government Recodification Citations: 18-7-2-81 part; 18-7-4-1009; 18-7-4-88 part; 18-7-5-92 part.]
As added by Acts 1981, P.L.309, SEC.23. 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 › 36-7-4-1010. Repealed

[Pre-Local Government Recodification Citations: 18-7-2-81 part; 18-7-4-1010; 18-7-4-88 part; 18-7-5-92 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.55. 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 › 36-7-4-1011. Repealed

[Pre-Local Government Recodification Citations: 18-7-2-82; 18-7-4-1011; 18-7-4-89; 18-7-5-93.]
As added by Acts 1981, P.L.309, SEC.23. 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 › 36-7-4-1012. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1103. Miscellaneous Provisions; Use and Alienation of Mineral Resources and Forests Outside Urban Areas

Sec. 1103. (a) ADVISORY—AREA. For purposes of this section, urban areas include all lands and lots within the corporate boundaries of a municipality, any other lands or lots used for residential purposes where there are at least eight (8) residences within any quarter mile square area, and other lands or lots that have been or are planned for residential areas contiguous to the municipality.
(b) ADVISORY—AREA. This chapter does not authorize an ordinance or action of a plan commission that would prevent, outside of urban areas, the complete use and alienation of any mineral resources or forests by the owner or alienee of them.
[Pre-Local Government Recodification Citations: 18-7-4-1103; 18-7-5-61.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.117-1986, SEC.3; P.L.346-1987, SEC.1; P.L.305-1989, SEC.1; P.L.12-1992, SEC.166; P.L.216-1999, SEC.5; P.L.170-2002, SEC.153; P.L.119-2012, SEC.195; P.L.154-2020, SEC.46; P.L.164-2020, SEC.65.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1104. Miscellaneous Provisions; No Effect on Eminent Domain by State, State Agency, or Indiana Finance Authority

Sec. 1104. (a) As used in this section, "state agency" means all agencies, boards, commissions, departments, and institutions, including state educational institutions, of the state.
(b) ADVISORY─AREA. This chapter does not restrict or regulate (or authorize any political subdivision, legislative body, plan commission, or board of zoning appeals to restrict or regulate) the exercise of the power of eminent domain by the state, by any state agency, or by the Indiana finance authority (IC 5-1.2-3), or the use of property owned or occupied by the state, by any state agency, or by the Indiana finance authority.
[Pre-Local Government Recodification Citations: 18-7-4-1104; 18-7-4-99.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.181-2016, SEC.41; P.L.189-2018, SEC.166.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1105. Miscellaneous Provisions; Setting Aside Memorials or Monuments

Sec. 1105. ADVISORY. The advisory planning law does not restrict or prohibit the state of any of its political subdivisions from setting aside, by law, sites, memorials, edifices, and monuments in commemoration of persons or objects of historical or architectural interest or value as a part of our citizens' heritage.
[Pre-Local Government Recodification Citations: 18-7-4-1105; 18-7-5-99.]
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 › 36-7-4-1107. Children's Home

Sec. 1107. (a) This section applies to a children's home providing residential care for eleven (11) or more children that is operating in a residential area on January 1, 1992.
(b) As used in this section, "children's home" has the meaning set forth in IC 12-7-2-29(1).
(c) A zoning ordinance may not prevent improvements to a children's home on the grounds that:
(1) the children's home is a business; or
(2) the persons residing in the children's home are not related.
(d) Except as provided in subsection (c), a children's home must meet the same:
(1) zoning requirements;
(2) developmental standards; and
(3) building codes;
that apply to the improvement of residential structures in the same residential district or classification as the children's home.
(e) As used in this subsection, "tract" has the meaning set forth in IC 6-1.1-1-22.5. A children's home must comply with a restriction, reservation, condition, exception, or covenant in a subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property that:
(1) applies to the tract on which the children's home is located; and
(2) is in existence for that tract before the children's home acquires ownership or use of the tract.
As added by P.L.142-1992, SEC.1. Amended by P.L.1-1993, SEC.242; P.L.2-1995, SEC.131.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1108. Child Care Home Used as Primary Residence of Care Home Operator; Zoning Restrictions

Sec. 1108. (a) This section applies only to a child care home that is used as the primary residence of the person who operates the child care home.
(b) As used in this section, "child care home" has the meaning set forth in IC 12-7-2-28.6.
(c) Except as provided in subsection (e), a zoning ordinance may not do any of the following:
(1) Exclude a child care home from a residential area solely because the child care home is a business.
(2) Impose limits on the number of children that may be served by a child care home at any one (1) time that vary from the limits set forth in IC 12-7-2-33.7 and IC 12-7-2-33.8.
(3) Impose requirements or restrictions upon child care homes that vary from the requirements and restrictions imposed upon child care homes by rules adopted by the division of family resources or the fire prevention and building safety commission.
(d) Notwithstanding subsection (c), a child care home may be required to meet the same:
(1) zoning requirements;
(2) developmental standards; and
(3) building codes;
that apply to other residential structures in the same residential district or classification as the child care home.
(e) A zoning ordinance:
(1) that is in effect on July 1, 1993; and
(2) that:
(A) excludes a child care home from a residential area solely because the child care home is a business;
(B) imposes limits on the number of children that may be served by a child care home at any one (1) time that vary from the limits set forth in IC 12-7-2-33.7 and IC 12-7-2-33.8; or
(C) imposes requirements or restrictions upon child care homes that vary from the requirements and restrictions imposed upon child care homes by rules adopted by the division of family resources or the fire prevention and building safety commission;
is not subject to subsection (c) until July 1, 1994.
As added by P.L.136-1993, SEC.23. Amended by P.L.145-2006, SEC.374.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1111. Computation of Time

Sec. 1111. In computing any period of time under this chapter, the day of the act, event, or default from which the designated period of time begins to run is not included. The last day of the computed period is to be included unless it is:
(1) a Saturday;
(2) a Sunday;
(3) a legal holiday under an Indiana statute; or
(4) a day that the office in which the act is to be done is closed during regular business hours.
A period runs until the end of the next day after a day described in subdivisions (1) through (4). If the period allowed is less than seven (7) days, intermediate Saturdays, Sundays, legal holidays, and days on which the office in which the act is to be done is closed during regular business hours are excluded from the calculation.
As added by P.L.126-2011, SEC.42.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1200. 1200 Series—township Joinder

Sec. 1200. This series (sections 1200 through 1299 of this chapter) may be cited as follows: 1200 SERIES─TOWNSHIP JOINDER.
[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 › 36-7-4-1201. Township Joinder; Conditions

Sec. 1201. ADVISORY. A township may join a municipality that has an advisory plan commission and has adopted zoning and subdivision control ordinances, if any part of the township is contiguous to:
(1) a corporate boundary of the municipality;
(2) an area over which the municipality is exercising planning and zoning authority; or
(3) a township that has joined the municipality under the 1200 series of this chapter.
Although no part of the township is contiguous to the municipality, a township may join a municipality that has an advisory plan commission and has adopted zoning and subdivision control ordinances, if the municipality is the county seat of the county in which the township is located.
[Pre-Local Government Recodification Citations: 18-7-4-1201; 18-7-6-1.]
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 › 36-7-4-1202. Township Joinder; Additional Conditions

Sec. 1202. (a) ADVISORY. In a county that has a county plan commission or a metropolitan plan commission, after the county has adopted:
(1) a zoning ordinance that establishes reasonable districts for:
(A) agricultural, residential, commercial, and industrial land uses;
(B) adequate setback lines; and
(C) area, bulk, and height restrictions; and
(2) a subdivision control ordinance that imposes restrictions at least equal to those established in the zoning ordinance;
a township may not join with a municipality for planning and zoning purposes. This subsection does not affect a joinder agreement implemented before the county adopts ordinances of the character set forth in this subsection. Such a joinder agreement continues in effect until the township withdraws from the joinder under section 1212 of this chapter.
(b) ADVISORY. If a county has not established a county plan commission or a metropolitan plan commission or adopted ordinances of the character set forth in subsection (a), a township may join with a municipality for planning and zoning purposes.
[Pre-Local Government Recodification Citations: 18-7-4-1202; 18-7-6-3.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.306-1989, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1203. Township Joinder; Filing of Petition; Hearing; Notice; Remonstrance

Sec. 1203. (a) ADVISORY. If a township wants to join a municipality for planning and zoning purposes, a petition, signed by fifty (50) freeholders, must be filed with the township executive. The township executive and the township legislative body shall hold a hearing within thirty (30) days after the date of the filing of the petition. Public notice, giving the place, date, and time of the hearing, shall be given in accordance with IC 5-3-1.
(b) ADVISORY. If a remonstrance duly signed by a majority of the freeholders of the township residing outside the corporate boundaries of any municipality is filed on or before the date of the hearing, no action may be taken on the petition. If no such remonstrance is filed, the township executive and legislative body shall send the petition requesting joinder immediately to the municipal plan commission. If a petition for joinder is rejected under remonstrance as provided in this section, it may be refiled not earlier than one (1) year after that remonstrance.
[Pre-Local Government Recodification Citations: 18-7-4-1203; 18-7-6-4.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1204. Township Joinder; Consideration of Petition

Sec. 1204. ADVISORY. Upon the receipt of a petition for joinder from a township, the municipal plan commission shall consider the petition. If the commission is favorable to it, it shall recommend joinder to the municipal legislative body. If the legislative body is favorable, it shall pass a resolution setting forth the terms of the joinder, send one (1) copy to the township executive, and file one (1) copy with the county recorder, which copy shall be filed in the miscellaneous records. If the commission or the legislative body rejects the petition, it shall immediately notify the township executive.
[Pre-Local Government Recodification Citations: 18-7-4-1204; 18-7-6-5.]
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 › 36-7-4-1205. Township Joinder; Choice of Municipality for Joinder

Sec. 1205. ADVISORY. If a township is contiguous to two (2) or more municipalities, the township may elect the municipality with which it wants to join.
[Pre-Local Government Recodification Citations: 18-7-4-1205; 18-7-6-6.]
As added by Acts 1981, P.L.309, SEC.23.