reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1401. "Development Requirement" Defined

Sec. 1401. As used in this series, "development requirement" means a requirement:
(1) for development of real property in a zoning district for which a development plan is required; and
(2) that conforms to section 1403 of this chapter.
As added by P.L.320-1995, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1401.5. Power of Legislative Body to Designate Zoning Districts Where Plan Required

Sec. 1401.5. (a) A legislative body may, in a zoning ordinance, designate zoning districts in which a development plan is required. If a zoning district is designated under this section, the plan commission must approve or disapprove a development plan under this series for real property within the zoning district.
(b) The plan commission has exclusive authority to approve or disapprove a development plan for real property located within the plan commission's jurisdiction.
As added by P.L.320-1995, SEC.24. Amended by P.L.126-2011, SEC.44.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1402. Designation by Zoning Ordinance

Sec. 1402. (a) This section applies if a zoning district is designated in a zoning ordinance under section 1401.5(a) of this chapter.
(b) In the zoning ordinance, the legislative body adopting the ordinance must specify the following:
(1) Development requirements that must be satisfied before the plan commission may approve a development plan.
(2) Plan documentation and supporting information that must be supplied to the plan commission before the plan commission may approve a development plan.
(3) Development requirements for approval of a development plan that the plan commission may waive.
(4) Conditions under which the plan commission may waive development requirements for approval of a development plan.
(5) Procedures for submission and review of a development plan, including the nature or type of application, fees, notice, hearing, amendment, and other matters relevant to review.
(c) In the zoning ordinance, the legislative body may authorize the following to review and approve a development plan:
(1) The plan commission staff.
(2) A hearing examiner or committee of the plan commission designated under section 402(d) of this chapter.
As added by P.L.320-1995, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1403. Requisites of Zoning Ordinance

Sec. 1403. (a) The development requirements that must be specified under section 1402(b)(1) of this chapter may include the following:
(1) Compatibility of the development with surrounding land uses.
(2) Availability and coordination of water, sanitary sewers, storm water drainage, and other utilities.
(3) Management of traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community.
(4) Building setback lines.
(5) Building coverage.
(6) Building separation.
(7) Vehicle and pedestrian circulation.
(8) Parking.
(9) Landscaping.
(10) Height, scale, materials, and style of improvements.
(11) Signage.
(12) Recreation space.
(13) Outdoor lighting.
(14) Other requirements considered appropriate by the legislative body.
(b) The development requirements specified under subsection (a)(3) concerning the management of traffic may ensure the following:
(1) That the design and location of proposed street and highway access points minimize safety hazards and congestion.
(2) That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development.
(3) That the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.
(c) The plan documentation and supporting information that must be supplied under section 1402(b)(2) of this chapter may include the following:
(1) The location and character of the following:
(A) Existing and proposed primary structures and accessory structures.
(B) Utilities.
(C) Signage.
(D) Landscaping.
(2) The nature and intensity of uses in the development.
(3) The condition and size of public thoroughfares and parking, vehicle, and pedestrian facilities.
(4) The location and capacity of drainage facilities and sewer systems serving the development.
(5) Other information considered appropriate by the legislative body.
(d) In specifying development requirements or plan documentation and supporting information for development plan approval under section 1402(b)(1) through 1402(b)(2) of this chapter, the zoning ordinance may incorporate by reference provisions in the subdivision control ordinance.
As added by P.L.320-1995, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1404. Review and Appeal

Sec. 1404. (a) If a zoning ordinance designates a zoning district under section 1401.5(a) of this chapter and authority is delegated under section 1402(c) of this chapter, the zoning ordinance must describe the following:
(1) The duties of the plan commission staff, hearing examiner, or committee in reviewing a development plan.
(2) The procedures for review of a development plan by the plan commission staff, hearing examiner, or committee.
(3) The procedures for an appeal to the plan commission of a decision made by the plan commission staff, hearing examiner, or committee.
(b) A plan commission staff, hearing examiner, or committee to which authority has been delegated under section 1402(c) of this chapter may make a decision concerning a development plan without a public hearing if the zoning ordinance provides for an appeal of the decision directly to the plan commission.
(c) The zoning ordinance may provide for a hearing procedure for review of a development plan that is similar to the hearing procedure for review of subdivision plats under the 700 series of this chapter. If such a procedure is adopted, the zoning ordinance may provide that public notice and hearing are not required for secondary review of a development plan. If notice and hearing are not required for secondary review of a development plan, the primary approval or disapproval of a development plan is a final decision of the plan commission that may be reviewed only as provided in section 1016 of this chapter.
As added by P.L.320-1995, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1405. Powers and Duties of Plan Commission

Sec. 1405. (a) The plan commission shall review a development plan to determine if the development plan:
(1) is consistent with the comprehensive plan; and
(2) satisfies the development requirements specified in the zoning ordinance under sections 1402 and 1403 of this chapter.
(b) The plan commission may do the following:
(1) Impose conditions on the approval of a development plan if the conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance for approval of the development plan.
(2) Provide that approval of a development plan is conditioned on the furnishing to the plan commission of a bond or written assurance that:
(A) guarantees the timely completion of a proposed public improvement in the proposed development; and
(B) is satisfactory to the plan commission.
(3) Permit or require the owner of real property to make a written commitment under section 1015 of this chapter.
As added by P.L.320-1995, SEC.28. Amended by P.L.126-2011, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1406. Written Findings Constitute Final Decision

Sec. 1406. (a) A plan commission shall make written findings concerning each decision to approve or disapprove a development plan. The zoning ordinance must designate an official who is responsible for signing written findings of the plan commission.
(b) Except as provided in section 1404(c) of this chapter, a decision of the plan commission approving or disapproving a development plan or a decision made under section 1405(b) of this chapter is a final decision of the plan commission that may be reviewed only as provided in section 1016 of this chapter.
As added by P.L.320-1995, SEC.29.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1500. 1500 Series—planned Unit Development

Sec. 1500. This series (sections 1500 through 1599 of this chapter) may be cited as follows: 1500 SERIES─PLANNED UNIT DEVELOPMENT.
As added by P.L.320-1995, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1501. "Development Requirement" Defined

Sec. 1501. As used in this series, "development requirement" means a requirement:
(1) for development of real property in a planned unit development district that must be met; and
(2) that conforms to section 1508 of this chapter.
As added by P.L.320-1995, SEC.31.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1502. "Planned Unit Development District" Defined

Sec. 1502. As used in this series, "planned unit development district" means a zoning district for which a PUD district ordinance must be adopted under this series.
As added by P.L.320-1995, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1503. "Pud District Ordinance" Defined

Sec. 1503. As used in this series, "PUD district ordinance" means a zoning ordinance that does the following:
(1) Designates a parcel of real property as a planned unit development district.
(2) Specifies uses or a range of uses permitted in the planned unit development district.
(3) Specifies development requirements in the planned unit development district.
(4) Specifies the plan documentation and supporting information that may be required.
(5) Specifies any limitation applicable to a planned unit development district.
(6) Meets the requirements of this series.
As added by P.L.320-1995, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1504. Zoning Ordinances

Sec. 1504. (a) A zoning ordinance may provide for and regulate planned unit development.
(b) A zoning ordinance that provides for and regulates planned unit development must meet the requirements of this series.
(c) A zoning ordinance that meets the requirements of this series is the exclusive means for exercising zoning control over planned unit development.
As added by P.L.320-1995, SEC.34.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1505. Real Property Zoned by Pud District Ordinance

Sec. 1505. (a) A planned unit development is allowed only for real property zoned to be a planned unit development district.
(b) A planned unit development district is established by the adoption of a PUD district ordinance.
(c) Except as provided in section 1511 of this chapter, the legislative body shall adopt and amend a PUD district ordinance in the same manner as a zone map change that is initiated under section 602(c)(1)(B) of this chapter is adopted or amended. The legislative body may not adopt or amend a PUD district ordinance unless a zoning ordinance that meets the requirements of section 1506 of this chapter is in effect.
As added by P.L.320-1995, SEC.35.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1506. Text Amendment

Sec. 1506. Before a PUD district ordinance may be adopted, a text amendment to the zoning ordinance must be adopted. The text amendment must do all of the following:
(1) Specify any limitation on planned unit development in the jurisdiction.
(2) Specify standards, requirements, and procedures that:
(A) are consistent with this series; and
(B) govern the establishment and administration of planned unit development districts;
including any appropriate regulation of reviews and the consideration of approvals and modifications to planned unit development districts under section 1511 of this chapter.
As added by P.L.320-1995, SEC.36.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1508. Use of Other Authorized Requirements

Sec. 1508. Development requirements specified in a PUD district ordinance may:
(1) use requirements, restrictions, provisions, and standards authorized under section 601(d)(2) of this chapter; and
(2) specify development requirements authorized under section 1403 of this chapter.
As added by P.L.320-1995, SEC.38.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1509. Requirements of District Ordinance

Sec. 1509. (a) A PUD district ordinance must do one (1) of the following with respect to all, or each different part, of a planned unit development:
(1) Express in general terms the development requirements that apply.
(2) Express in detailed terms the development requirements that apply.
(b) If development requirements are expressed in general terms under subsection (a)(1):
(1) secondary review of the PUD district ordinance must be conducted under subsection (c); and
(2) the zoning ordinance or the PUD district ordinance must specify any plan documentation or supporting information that must be supplied in connection with secondary review under subsection (c).
(c) Secondary review of a PUD district ordinance:
(1) may be conducted by the legislative body or by the person or other body given the authority to conduct secondary review under section 1511(a) of this chapter; and
(2) must be conducted in accordance with procedures established in the zoning ordinance.
(d) The person or body conducting secondary review under subsection (c) shall do the following:
(1) Consider the development requirements expressed in general terms under subsection (a)(1).
(2) If:
(A) applicable development requirements expressed in general terms under subsection (a)(1) are satisfied; and
(B) applicable requirements in the zoning ordinance are satisfied;
grant secondary approval of the PUD district ordinance.
(3) Express in detailed terms any other development requirements that will apply to the planned unit development.
(4) Specify any plan documentation or supporting information that must be supplied before an improvement location permit may be issued for development of real property in the planned unit development district.
(e) If development requirements are expressed in detailed terms under subsection (a)(2), the zoning ordinance or the PUD district ordinance must specify any plan documentation or supporting information that must be supplied before an improvement location permit may be issued for development of real property in the planned unit development district.
As added by P.L.320-1995, SEC.39.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1510. Written Text, Plan, or Other Drawing Allowed

Sec. 1510. A PUD district ordinance may employ:
(1) written text;
(2) a plan or other drawing; or
(3) any combination of the items listed in this section;
in specifying the permitted uses and development requirements that apply to a planned unit development district.
As added by P.L.320-1995, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1511. Power of Legislative Body to Delegate Authority

Sec. 1511. (a) The legislative body may, in the zoning ordinance, delegate authority to conduct secondary review of a PUD district ordinance under section 1509(c) of this chapter.
(b) The legislative body may, in the zoning ordinance, delegate authority to modify permitted uses or development requirements that are specified in a PUD district ordinance.
(c) The legislative body may, in the zoning ordinance, delegate the authority to conduct secondary reviews and grant approvals under subsection (a) and to make modifications under subsections (b) and (i) to any of the following:
(1) The plan commission.
(2) A hearing examiner or committee designated by the plan commission under section 402(d) of this chapter.
(3) At least one (1) employee designated by the plan commission.
(d) If authority is delegated under subsection (c)(1), the zoning ordinance may provide for an appeal to the legislative body of the decision of the plan commission.
(e) If authority is delegated under subsection (c)(2) or (c)(3), the zoning ordinance must provide for an appeal to the legislative body or the plan commission of the decision of the hearing examiner, committee, employee, or group of employees.
(f) If the zoning ordinance provides for an appeal under subsection (d) or (e), the zoning ordinance must specify the appeal procedure.
(g) If authority to conduct secondary reviews is delegated under subsection (a), the legislative body must establish the following in the zoning ordinance:
(1) The nature of the proceedings required for conducting secondary review.
(2) The type of notice, if any, that must be given.
(h) Except as provided in subsection (i), if authority to make modifications in permitted uses or development requirements is delegated under subsection (b), a public hearing must be held before a modification is made. A hearing under this subsection must be conducted in the manner established by the legislative body in the zoning ordinance. Notice of the hearing must be given in the same manner as notice is given under section 604(b) and 604(c) of this chapter.
(i) The legislative body may define in the zoning ordinance minor modifications that may be made without a public hearing under subsection (h). The legislative body must establish in the zoning ordinance the nature of the proceedings and any notice required for the making of a minor modification under this subsection.
(j) The legislative body may, in the zoning ordinance, delegate authority to the plan commission to establish rules governing the nature of the proceedings and any notice required to conduct secondary review, grant an approval, or make a modification under this section.
(k) A decision of the plan commission to grant or deny an approval or a modification under this section, whether made after an original hearing or the hearing of an appeal, is a final decision that may be reviewed under section 1016 of this chapter.
As added by P.L.320-1995, SEC.41.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1512. Power of Legislative Body to Adopt or Amend Ordinance

Sec. 1512. (a) When adopting or amending a PUD district ordinance, the legislative body of a unit may do the following:
(1) Impose reasonable conditions on a proposed planned unit development.
(2) Condition issuance of an improvement location permit on the furnishing of a bond or a satisfactorily written assurance guaranteeing the timely completion of a proposed public improvement in a planned unit development or serving a planned unit development.
(3) Allow or require an owner of real property to make a written commitment in the manner authorized under section 1015 of this chapter.
(b) When recommending adoption of a PUD district ordinance to the legislative body, granting an approval under section 1511 of this chapter, or making a modification under section 1511(b) of this chapter, the bodies or persons authorized under section 1511(c) of this chapter may:
(1) impose the conditions described in subsection (a)(1) and (a)(2); and
(2) allow or require a written commitment as authorized under section 1015 of this chapter.
As added by P.L.320-1995, SEC.42. Amended by P.L.126-2011, SEC.46.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1513. Platting Procedure

Sec. 1513. The procedure for platting a parcel of real property that is zoned as a planned unit development district under this series is the same as the procedure described in the 700 series of this chapter for other platting.
As added by P.L.320-1995, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1600. 1600 Series-Judicial Review

Sec. 1600. This series (sections 1600 through 1699 of this chapter) may be cited as follows: 1600 SERIES─JUDICIAL REVIEW.
As added by P.L.126-2011, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1601. Exclusive Means for Judicial Review of Zoning Decisions

Sec. 1601. (a) This series establishes the exclusive means for judicial review of zoning decisions as described in section 1003 or 1016 of this chapter, made by a board of zoning appeals, legislative body, plan commission, preservation commission, or zoning administrator (referred to as the "board" in this series).
(b) A legislative act is not subject to judicial review under this series.
As added by P.L.126-2011, SEC.48.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1602. Initiation of Judicial Review; Required Showing

Sec. 1602. (a) Judicial review of a zoning decision is initiated by filing a petition for review in the appropriate court.
(b) Only a person who qualifies under:
(1) section 1603 of this chapter concerning standing;
(2) section 1604 of this chapter concerning exhaustion of administrative remedies;
(3) section 1605 of this chapter concerning the time for filing a petition for review; and
(4) section 1613 of this chapter concerning the time for filing the board record for review;
is entitled to judicial review of a final zoning decision.
(c) A person is entitled to judicial review of a nonfinal zoning decision only if the person establishes both of the following:
(1) Immediate and irreparable harm.
(2) No adequate remedy exists at law. The failure of a person to comply with the procedural requirements of this chapter may not be the basis for a finding of an inadequate remedy at law.
As added by P.L.126-2011, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1603. Standing

Sec. 1603. (a) The following have standing to obtain judicial review of a zoning decision:
(1) A person to whom the zoning decision is specifically directed.
(2) A person aggrieved by the zoning decision who participated in the board hearing that led to the decision, either:
(A) by appearing at the hearing in person, by agent, or by attorney and presenting relevant evidence; or
(B) by filing with the board a written statement setting forth any facts or opinions relating to the decision.
(3) A person that is a public use airport owner or operator has standing to obtain judicial review of a zoning decision that may have a negative impact on the safety of civilian or military flight operations to or from the airport.
(4) A person otherwise aggrieved or adversely affected by the zoning decision.
(b) A person has standing under subsection (a)(4) only if:
(1) the zoning decision has prejudiced or is likely to prejudice the interests of the person;
(2) the person was eligible for an initial notice of a hearing under this chapter, was not notified of the hearing in substantial compliance with this chapter, and did not have actual notice of the hearing before the last date in the hearing that the person could object or otherwise intervene to contest the zoning decision;
(3) the person's asserted interests are among those that the board was required to consider when it made the challenged zoning decision; and
(4) a judgment in favor of the person would substantially eliminate or redress the prejudice to the person caused or likely to be caused by the zoning decision.
As added by P.L.126-2011, SEC.50. Amended by P.L.71-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1604. Exhaustion of Remedies

Sec. 1604. (a) A person may file a petition for judicial review under this chapter only after exhausting all administrative remedies available within the board whose zoning decision is being challenged.
(b) A person who fails to timely object to a zoning decision or timely petition for review of a zoning decision within the period prescribed by this chapter waives the person's right to judicial review under this chapter.
As added by P.L.126-2011, SEC.51.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1605. Timeliness of Petition for Review

Sec. 1605. A petition for review is timely only if the petition for review is filed not later than thirty (30) days after the date of the zoning decision that is the subject of the petition for judicial review.
As added by P.L.126-2011, SEC.52.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1606. Venue; Rules of Procedure; Parties; Motion to Intervene

Sec. 1606. (a) Venue is in the judicial district where the land affected by the zoning decision is located.
(b) If more than one (1) person may be aggrieved by the zoning decision, only one (1) proceeding for review may be had, and the court in which a petition for review is first properly filed has jurisdiction.
(c) The rules of procedure governing civil actions in the courts govern pleadings and requests under this chapter for a change of judge or change of venue to another judicial district described in subsection (a).
(d) Each person who:
(1) was a petitioner or applicant at the hearing before the board; or
(2) is aggrieved by the zoning decision and entered a written appearance as an adverse party to the petitioner or applicant before the board hearing that led to the zoning decision, as described in section 920(h) of this chapter;
is a party to the petition for review.
(e) Any other person who participated, in the manner described in section 1603(a)(2) of this chapter, in the board hearing that led to the zoning decision may, not later than five (5) days after the decision is made, file with the board a written request that the person receive notice of any petition for review that may be filed. The written request must include the person's full name and correct mailing address and a reference to the board's docket number relative to the zoning decision.
(f) Any person who has standing under section 1603(a)(2), 1603(a)(3), or 1603(a)(4) of this chapter has an unconditional right to intervene in a proceeding for review. A motion to intervene in a proceeding for review shall be filed in the manner provided by the rules of procedure governing civil actions in courts.
As added by P.L.126-2011, SEC.53. Amended by P.L.71-2020, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1607. Petition for Review; Requirements

Sec. 1607. (a) A petition for review must be filed with the clerk of the court.
(b) A petition for review must be verified and set forth the following:
(1) The name and mailing address of the petitioner.
(2) The name and mailing address of the board whose zoning decision is at issue.
(3) Identification of the decision at issue, together with a copy, summary, or brief description of the decision.
(4) Identification of persons who participated in any hearing, as described in section 1603(a)(2) of this chapter, that led to the decision.
(5) Specific facts to demonstrate that the petitioner is entitled to obtain judicial review under section 1602 of this chapter.
(6) Specific facts to demonstrate that the petitioner has been prejudiced by one (1) or more of the grounds described in section 1614 of this chapter.
(7) A request for relief, specifying the type and extent of relief requested.
As added by P.L.126-2011, SEC.54.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1608. Notice

Sec. 1608. (a) A petitioner for judicial review shall serve a copy of the petition upon the board making the zoning decision in the manner provided by the rules of procedure governing civil actions in the courts. Service on the board must be made to the secretary, president, or chairperson of the board.
(b) The petitioner shall use means provided by the rules of procedure governing civil actions in the courts to give notice of the petition for review:
(1) to all parties to the petition for review, as described in section 1606(d) of this chapter; and
(2) to persons who, in the manner described in section 1606(e) of this chapter, filed with the board making the zoning decision written requests that they receive notice of any petition for review, according to the public records of the board. However, if the public records of the board show that the board received written requests for notice from more than three (3) persons, the petitioner shall give notice only to the first three (3) persons who requested notice according to those records. Notice to any additional persons who requested notice is not required.
(c) This section does not require the petitioner to name as parties to the petition for review the persons who must be given notice under subsection (b)(2).
As added by P.L.126-2011, SEC.55.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1609. Petition for Order Staying Zoning Decision Pending Review

Sec. 1609. (a) A person seeking judicial review may seek, by filing a verified petition, an order of the court staying the zoning decision pending review by the court. The court may enter an order staying the zoning decision pending a final determination if:
(1) the court finds that the petition for review and the petition for a stay order show a reasonable probability that the zoning decision appealed from is invalid or illegal; and
(2) a bond is filed that is conditioned upon the due prosecution of the proceeding for review and that the petitioner will pay all court costs and abide by the zoning decision if it is not set aside. The bond must be in the amount and with the surety approved by the court. However, the amount of the bond must be at least five hundred dollars ($500).
(b) If a petition for review concerns a revocation or suspension of a previously approved variance, exception, or use, any stay ordered under subsection (a) is effective during the period of the review and any appeal from the review and until the review is finally determined, unless otherwise ordered by the court granting the stay. If the stay is granted as provided in this section and the zoning decision is approved on final determination, the revocation or suspension of the variance, exception, or use immediately becomes effective.
As added by P.L.126-2011, SEC.56.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1610. Review of Issue Not Previously Raised

Sec. 1610. A person may obtain judicial review of an issue that was not raised before the board, only to the extent that:
(1) the issue concerns whether a person who was required to be notified by this chapter or other law of a board hearing was notified in substantial compliance with this chapter or other law; or
(2) the interests of justice would be served by judicial resolution of an issue arising from a change in controlling law occurring after the zoning decision.
As added by P.L.126-2011, SEC.57.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1611. Review of Facts Confined to Record

Sec. 1611. Judicial review of disputed issues of fact must be confined to the board record for the zoning decision supplemented by additional evidence taken under section 1612 of this chapter. The court may not try the cause de novo or substitute its judgment for that of the board.
As added by P.L.126-2011, SEC.58.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1612. Additional Evidence; Remand for Additional Factfinding or Preparation of Adequate Record

Sec. 1612. (a) The court may receive evidence, in addition to that contained in the board record for judicial review, only if the evidence relates to the validity of the zoning decision at the time the decision was made and is needed to decide disputed issues regarding one (1) or both of the following:
(1) Improper constitution as a decisionmaking body or grounds for disqualification of those making the zoning decision.
(2) Unlawfulness of procedure or of decisionmaking process.
This subsection applies only if the additional evidence could not, by due diligence, have been discovered and raised in the board proceeding giving rise to a proceeding for judicial review.
(b) The court may remand a matter to the board before final disposition of a petition for review with directions that the board conduct further factfinding or that the board prepare an adequate record, if:
(1) the board failed to prepare or preserve an adequate record;
(2) the board improperly excluded or omitted evidence from the record; or
(3) a relevant law changed after the zoning decision and the court determines that the new provision of law may control the outcome.
As added by P.L.126-2011, SEC.59.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1613. Transmission of Board Record to Court; Extension of Time to File Record; Cost of Copies and Transcripts

Sec. 1613. (a) Within thirty (30) days after the filing of the petition, or within further time allowed by the court, the petitioner shall transmit to the court the original or a certified copy of the board record for judicial review of the zoning decision, consisting of:
(1) any board documents expressing the decision;
(2) other documents identified by the board as having been considered by the board before its decision and used as a basis for its decision; and
(3) any other material described in this chapter or other law as the board record for the type of zoning decision at issue, subject to this section.
(b) An extension of time in which to file the record shall be granted by the court for good cause shown. Inability to obtain the record from the responsible board within the time permitted by this section is good cause. Failure to file the record within the time permitted by this subsection, including any extension period ordered by the court, is cause for dismissal of the petition for review by the court, on its own motion, or on petition of any party of record to the proceeding.
(c) Upon a written request by the petitioner, the board making the zoning decision being reviewed shall prepare the board record for the petitioner. If part of the record has been preserved without a transcript, the board shall, if practicable, prepare a transcript for inclusion in the record transmitted to the court, except for parts that the parties to the judicial review proceeding stipulate to omit in accordance with subsection (e).
(d) Notwithstanding IC 5-14-3-8, the board shall charge the petitioner with the reasonable cost of preparing any necessary copies and transcripts for transmittal to the court, unless a person files with the court, under oath and in writing, the statement described by IC 33-37-3-2.
(e) By stipulation of all parties to the review proceedings, the record may be shortened, summarized, or organized.
(f) The court may tax the cost of preparing transcripts and copies for the record:
(1) against a party to the judicial review proceeding who unreasonably refuses to stipulate to shorten, summarize, or organize the record; or
(2) in accordance with the rules governing civil actions in the courts or other law.
(g) Additions to the record concerning evidence received under section 1612 of this chapter must be made as ordered by the court. The court may require or permit subsequent corrections or additions to the record.
As added by P.L.126-2011, SEC.60.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1614. Burden of Demonstrating Invalidity of Zoning Decision; Grounds for Relief

Sec. 1614. (a) The burden of demonstrating the invalidity of a zoning decision is on the party to the judicial review proceeding asserting invalidity.
(b) The validity of a zoning decision shall be determined in accordance with the standards of review provided in this section, as applied to the decision at the time it was made.
(c) The court shall make findings of fact on each material issue on which the court's decision is based.
(d) The court shall grant relief under section 1615 of this chapter only if the court determines that a person seeking judicial relief has been prejudiced by a zoning decision that is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(2) contrary to constitutional right, power, privilege, or immunity;
(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(4) without observance of procedure required by law; or
(5) unsupported by substantial evidence.
As added by P.L.126-2011, SEC.61.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1615. Finding of Prejudice; Judicial Action

Sec. 1615. If the court finds that a person has been prejudiced under section 1614 of this chapter, the court may set aside a zoning decision and:
(1) remand the case to the board for further proceedings; or
(2) compel a decision that has been unreasonably delayed or unlawfully withheld.
As added by P.L.126-2011, SEC.62.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-1616. Appeal of Court's Decision

Sec. 1616. The court's decision on a petition for review of a zoning decision is appealable in accordance with the rules governing civil appeals from the courts.
As added by P.L.126-2011, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5. Repealed

[Pre-Local Government Recodification Citations:
36-7-5-1formerly 18-7-4-406 part; 19-5-1-1 part; 18-7-4-94 part36-7-5-2formerly 18-7-4-406 part; 19-5-1-1 part; 18-7-4-94 part36-7-5-3formerly 18-4-20-1 part36-7-5-4formerly 18-4-20-1 part36-7-5-5formerly 18-4-20-336-7-5-6subsection (a) formerly 18-4-20-2; subsection (b) formerly 18-4-20-636-7-5-7formerly 18-4-20-536-7-5-8formerly 18-4-20-4 part36-7-5-9formerly 18-4-20-4 part36-7-5-10formerly 18-4-20-4 part36-7-5-11formerly 18-4-20-4 part36-7-5-12formerly 18-4-20-4 part.]
Repealed by P.L.220-1986, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-1. "Commission" and "Plan Commission" Defined

Sec. 1. As used in this chapter, "commission" or "plan commission" refers to a joint district planning and zoning commission established under this chapter.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-2. "Joint District" Defined

Sec. 2. As used in this chapter, "joint district" means an area of real property (whether or not the property is located within the boundaries of one (1) or more municipalities, counties, or other political subdivisions) that is established as a joint district under this chapter.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-3. Advisory Planning Law; Application

Sec. 3. The advisory planning law portions of IC 36-7-4 apply to a commission and a joint district insofar as the advisory planning law portions of IC 36-7-4 are not inconsistent with this chapter, even if the county in which a joint district is located has adopted any part of the area planning law under IC 36-7-4.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-4. Municipal and County Cooperative Single and Unified Planning and Zoning Entities

Sec. 4. One (1) or more municipalities (meeting the population, proximity, and ordinance requirements under section 9 of this chapter) and one (1) or more counties may cooperatively establish single and unified planning and zoning entities as joint districts to carry out this chapter on a less than countywide basis.
As added by P.L.300-1989, SEC.2. Amended by P.L.1-1990, SEC.361.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-5. Municipal and County Joint District Planning and Zoning Commission

Sec. 5. (a) The legislative bodies of one (1) or more municipalities (meeting the population and proximity requirements under section 9 of this chapter) and one (1) or more counties may establish, by identical ordinances, a joint district planning and zoning commission. The ordinances must specify the following:
(1) The legal name of the commission.
(2) The boundaries of the joint district.
(3) The duration of the commission.
(4) Any other information necessary to form the commission.
(b) A municipality having a population of more than three thousand (3,000) and less than fifteen thousand (15,000) may pass an ordinance to establish a joint district for any territory that is located:
(1) in the municipality; or
(2) within five (5) miles of the municipality's corporate boundaries.
(c) A municipality having a population of more than twenty-five thousand (25,000) and less than fifty thousand (50,000) may pass an ordinance to establish a joint district for any territory that is located:
(1) in the municipality; or
(2) within ten (10) miles of the municipality's corporate boundaries.
(d) When the boundaries of a proposed joint district include real property lying within the corporate boundaries of a municipality, the municipality is subject to the jurisdiction of the joint district and the provisions of this chapter only if the municipality adopts an ordinance under subsection (a).
(e) After the boundaries and duration of a joint district have been established under subsection (a), the boundaries and the duration may not be changed.
As added by P.L.300-1989, SEC.2. Amended by P.L.11-2023, SEC.118.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-6. Authority of Commission

Sec. 6. After a commission is established, it shall exclusively exercise all the planning, zoning, platting, and land use policy authority for real property in the joint district. The joint district commission has exclusive authority, subject to section 7 of this chapter, to adopt a zoning ordinance or a subdivision control ordinance, or both. Any planning, zoning, platting, or land use functions exercised by any other unit or entity in the joint district shall cease. Except as provided in section 7 of this chapter, an action of the commission is final and does not require a reference to or an approval by a county or municipal legislative body.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-7. Joint District Council

Sec. 7. (a) A joint district council is established for each joint district formed under this chapter.
(b) The membership of the joint district council consists of:
(1) the president of the town board of trustees;
(2) the president of a second class city legislative body;
(3) the president pro tempore of a third class city legislative body;
(4) the president of a city-county legislative body (consolidated city); and
(5) one (1) member of the county executive appointed by the county executive;
of each municipality and county that enacted an ordinance creating the joint district.
(c) Notwithstanding section 6 of this chapter, before an ordinance that is passed by a commission becomes effective, the joint district council must approve the ordinance. A joint district commission shall forward a copy of each ordinance that the commission passes within three (3) business days after passage to the secretary of the joint district council.
(d) A joint district council shall conduct a hearing on an ordinance and shall publish notice of the hearing in accordance with IC 5-3-1 specifying the time and location of the meeting. A joint district council may approve, amend, or reject an ordinance of the commission at the hearing. If a joint district council does not conduct a hearing on an ordinance within twenty (20) days of receipt of the ordinance, the ordinance is considered approved by the joint district council.
(e) The auditor of the county in which a majority of the territory in a joint district is located shall be the secretary of the joint district council.
(f) A quorum consists of a majority of the entire membership of the joint district council.
(g) Action of the joint district council is not official unless it is authorized at a regular or special meeting by a majority of the members who are present at the meeting.
(h) the presiding office of the joint district council is the member who is appointed by the executive of the county that enacts an ordinance creating a joint district. However, if more than one (1) county is in a joint district, then the joint district council member who is appointed by the executive of the county having the greatest amount of land in the joint district serves as the presiding officer.
(i) Either the presiding officer or a majority of the entire membership of the joint district council may call a regular or special meeting.
As added by P.L.300-1989, SEC.2.