reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-219. Repealed

[Pre-Local Government Recodification Citations: 18-7-4-219; 18-7-5-7 part; 18-7-5-12 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 Repealed by Acts 1981, P.L.310, SEC.94.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 › 36-7-4-220. Membership of Commission; Vacancies; Appointment of Alternate Members

Sec. 220. (a) If a vacancy occurs among the plan commission members who are appointed, then the appointing authority shall appoint a member for the unexpired term of the vacating member who meets the same requirements as the vacating member, including residency, not later than ninety (90) days after the vacancy occurs. The appointing authority may also appoint an alternate member who meets the same requirements as the disqualified member, including residency, to participate with the commission in a hearing or decision if the regular member appointed by the appointing authority has a disqualification under section 223(c) of this chapter. An alternate member has all the powers and duties of a regular member while participating in the hearing or decision.
(b) If a vacancy occurs in the office of the county surveyor while the county surveyor is serving on the plan commission, then the county engineer shall participate with the plan commission during the time the office of the county surveyor is vacant. The county engineer has all the powers and duties of a regular member while participating under this subsection.
(c) An appointed member who misses three (3) consecutive regular meetings of the plan commission may be treated as if the member had resigned, at the discretion of the appointing authority.
[Pre-Local Government Recodification Citations: 18-7-2-8 part; 18-7-2-9; 18-7-4-220; 18-7-4-15; 18-7-5-15.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.12; P.L.23-1991, SEC.39; P.L.126-2011, SEC.11; P.L.193-2017, SEC.5; P.L.53-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-221. Repealed

[Pre-Local Government Recodification Citations: 18-7-2-14; 18-7-3-6; 18-7-4-221; 18-7-4-19 part; 18-7-5-20.]
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 Repealed by Acts 1981, P.L.310, SEC.94.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 › 36-7-4-222. Membership of Commission; Expenses

Sec. 222. If a plan commission determines that it is necessary or desirable for members or employees to join a professional organization or to attend a conference or interview dealing with planning or related problems, the commission may pay the applicable membership fees and all actual expenses of the members or employees, if that amount has been appropriated by the fiscal body of the unit.
[Pre-Local Government Recodification Citations: 18-7-2-15; 18-7-4-222; 18-7-4-20; 18-7-5-21 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.13; P.L.192-1984, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-222.5. Plan Commission Members Belonging to County Executive or Fiscal Bodies; Mileage and Compensation

Sec. 222.5. Notwithstanding IC 36-2-7-2, a member of a county executive, a member of a county fiscal body, a county surveyor, or an appointee of a county surveyor who is also a member of a plan commission is entitled to receive the following:
(1) A sum for mileage for each mile necessarily traveled while performing the duties of a plan commission member in an amount determined by the county fiscal body.
(2) A sum for compensation for services as a member of the plan commission in an amount that the county fiscal body may determine for attendance at meetings of the plan commission.
As added by P.L.356-1989(ss), SEC.1. Amended by P.L.154-1993, SEC.3; P.L.10-1997, SEC.34.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-223. Membership of Commission; Conflict of Interest; Disqualification

Sec. 223. (a) This section does not apply to the preparation or adoption of a comprehensive plan under the 500 series of this chapter.
(b) A member of a plan commission or a legislative body is disqualified and may not participate as a member of the plan commission or legislative body in a hearing or recommendation of that commission or body concerning a legislative act as described in section 1016 of this chapter in which the member has a direct or indirect financial interest. The commission or body shall enter in its records the fact that its member has such a disqualification.
(c) A member of a plan commission is disqualified and may not participate in a hearing of that commission concerning a zoning decision as described in section 1016 of this chapter if:
(1) the member is biased or prejudiced or otherwise unable to be impartial; or
(2) the member has a direct or indirect financial interest in the outcome of the zoning decision.
(d) The plan commission shall enter in the plan commission's records:
(1) the fact that a regular member has a disqualification under subsection (c); and
(2) the name of the alternate member, if any, who participates in the hearing in place of the regular member.
(e) A member of a plan commission or a legislative body may not directly or personally represent another person in a hearing before that commission or body concerning a zoning decision or a legislative act.
(f) A member of a plan commission may not receive any mileage or compensation under section 222.5 of this chapter for attendance at a meeting if the member is disqualified under this section from participating in the entire meeting.
[Pre-Local Government Recodification Citations: 18-7-4-223; 18-7-5-1 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.14; P.L.154-1993, SEC.4; P.L.126-2011, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-300. 300 Series—organization of Commission

Sec. 300. This series (sections 300 through 399 of this chapter) may be cited as follows: 300 SERIES─COMMISSION ORGANIZATION.
[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 › 36-7-4-301. Organization; Quorum

Sec. 301. A quorum consists of a majority of the entire membership of the plan commission, who are qualified by this chapter to vote.
[Pre-Local Government Recodification Citations: 18-7-2-13 part; 18-7-3-9 part; 18-7-4-301; 18-7-4-18 part; 18-7-5-19 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 › 36-7-4-302. Organization; Official Action

Sec. 302. (a) ADVISORY─AREA. Action of a plan commission is not official, unless it is authorized, at a regular or special meeting, by a majority of the entire membership of the plan commission.
(b) METRO. Action of the metropolitan development commission is not official, unless it is authorized, at a regular or special meeting, by:
(1) at least six (6) members, when at least ten (10) members are present at the meeting;
(2) at least five (5) members, when eight (8) or nine (9) members are present at the meeting; or
(3) at least four (4) members, when fewer than eight (8) members are present at the meeting.
[Pre-Local Government Recodification Citations: 18-7-2-13 part; 18-7-3-9 part; 18-7-4-302; 18-7-4-18 part; 18-7-5-19 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.212, SEC.1; P.L.192-1984, SEC.7; P.L.164-1995, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-303. Organization; President and Vice President

Sec. 303. At its first regular meeting in each year, the plan commission shall elect from its members a president and a vice president. The vice president may act as president of the plan commission during the absence or disability of the president.
[Pre-Local Government Recodification Citations: 18-7-2-16; 18-7-3-5 part; 18-7-4-303; 18-7-4-21; 18-7-5-22.]
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 › 36-7-4-304. Organization; Secretary

Sec. 304. The plan commission may appoint and fix the duties of a secretary, who is not required to be a member of the commission.
[Pre-Local Government Recodification Citations: 18-7-2-17; 18-7-3-5 part; 18-7-4-304; 18-7-4-22; 18-7-5-23 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-305. Organization; Offices and Property

Sec. 305. (a) ADVISORY. The municipality or the county shall provide suitable offices for the holding of advisory plan commission meetings and for preserving the plans, maps, accounts, and other documents of the commission.
(b) AREA. After the establishment of the planning department, the county plan commission and participating municipal plan commissions shall transfer their property to the planning department.
(c) AREA. Except as may be necessary for the exercise of the powers reserved to municipal boards of zoning appeals by the 900 series of this chapter, all ordinances, maps, reports, minute books, documents, and correspondence of any municipal or county plan commission or board of zoning appeals within the jurisdiction of a planning department shall be made available to or transferred to the plan commission on its written request. The plan commission shall procure suitable offices for the conduct of its work and the work of the planning department.
[Pre-Local Government Recodification Citations: 18-7-2-18; 18-7-2-48 part; 18-7-4-305; 18-7-4-23; 18-7-4-55 part; 18-7-4-95; 18-7-5-24.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.192-1984, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-306. Organization; Regular Meetings and Minutes

Sec. 306. The plan commission shall fix the time for holding regular meetings each month or as necessary. The commission shall keep minutes of its meetings. The minutes of commission meetings and all records shall be filed in the office of the commission and are public records.
[Pre-Local Government Recodification Citations: 18-7-2-10; 18-7-2-11; 18-7-4-306; 18-7-4-16; 18-7-5-17.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-307. Organization; Special Meetings

Sec. 307. Special meetings of a plan commission may be called by the president or by two (2) members of the commission upon written request to the secretary. The secretary shall send to all members, at least three (3) days before the special meeting, a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if:
(1) the date, time, and place of a special meeting are fixed in a regular meeting; and
(2) all members of the commission are present at that regular meeting.
[Pre-Local Government Recodification Citations: 18-7-2-12; 18-7-4-307; 18-7-4-17; 18-7-5-18.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-308. Organization; Appropriations

Sec. 308. (a) ADVISORY. After a legislative body has adopted an ordinance establishing a municipal or county plan commission, the fiscal body of the municipality or the county, as the case may be, may make appropriations to carry out the duties of the commission.
(b) ADVISORY. After a metropolitan plan commission is established, the commission shall use all amounts previously appropriated to, but unexpended by, the county plan commission and the second class city plan commission without any further appropriation or transfer. Then the county fiscal body shall appropriate all necessary amounts for the use of the commission, but the city legislative body may appropriate additional amounts for the use of the commission. These amounts shall be deposited with the county treasurer in a fund to be known as the metropolitan planning fund.
(c) AREA. After the planning department is established, the county fiscal body shall appropriate and make available to the planning department an amount equal to three cents ($.03) per person per month for each person in the county's population. This amount is to finance the planning department's operation from its establishment until appropriations are available to it through regular county budget and appropriation procedures. The county fiscal body shall appropriate sufficient amounts to the planning department to insure the continued functioning of the planning department within the participating units. This appropriation shall be made in conformity with the fiscal body's policy regarding the operating budgets of the various divisions of county government.
[Pre-Local Government Recodification Citations: 18-7-3-10 part; 18-7-4-308; 18-7-4-29; 18-7-4-96; 18-7-5-29.]
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 › 36-7-4-309. Organization; Expenditures

Sec. 309. ADVISORY─AREA. Each plan commission may expend, in accord with applicable municipal or county fiscal procedures, all amounts appropriated to it for the purposes and activities authorized by this chapter. In the case of a metropolitan plan commission, at the end of each fiscal year, any unexpended part of the metropolitan planning fund appropriated by the county reverts to the county general fund, and any unexpended part appropriated by the second class city reverts to the city general fund.
[Pre-Local Government Recodification Citations: 18-7-2-22; 18-7-3-10 part; 18-7-4-309; 18-7-4-30; 18-7-5-30.]
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 › 36-7-4-310. Organization; Gifts and Grants

Sec. 310. (a) A municipality (in the case of a municipal plan commission or the metropolitan development commission) or a county (in the case of a county plan commission, a metropolitan plan commission, or an area plan commission) may accept gifts, donations, and grants from private or governmental sources for advisory plan commission purposes or planning department purposes, as the case may be.
(b) Any money so accepted shall be deposited with the municipality or the county, as the case may be, in a special nonreverting plan commission fund to be available for expenditures by the plan commission for the purpose designated by the source. The fiscal officer of the municipality or the county shall draw warrants against the special nonreverting fund only on vouchers signed by the president and secretary of the commission.
[Pre-Local Government Recodification Citations: 18-7-2-23; 18-7-4-310; 18-7-4-31; 18-7-5-31.]
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 › 36-7-4-311. Organization; Staff and Services; Executive Director; Compensation

Sec. 311. (a) ADVISORY. The advisory plan commission may appoint, prescribe the duties, and fix the compensation of such employees as are necessary for the discharge of the duties of the commission. This compensation must be in conformity with salaries and compensation fixed up to that time by the fiscal body of the municipality or county, as the case may be. The commission may contract for special or temporary services and any professional counsel.
(b) AREA. The area plan commission shall appoint an executive director for the planning department and fix the director's compensation. To be qualified for the position, the executive director must have training and experience in the field of planning and zoning. The commission may not give any consideration to political affiliation in the appointment of the executive director.
[Pre-Local Government Recodification Citations: 18-7-4-311; 18-7-4-33; 18-7-4-34; 18-7-5-23 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.18; P.L.260-1993, SEC.1; P.L.165-2003, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-312. Organization; Duties of Executive Director

Sec. 312. AREA. Under the direction of the area plan commission, the executive director shall:
(1) propose annually a plan for the operation of the planning department;
(2) administer the plan as approved by the commission;
(3) supervise the general administration of the planning department;
(4) keep the records of the planning department and be responsible for the custody and preservation of all papers and documents of the planning department;
(5) subject to the approval of the commission, appoint and remove the employees of the planning department, according to the standards and qualifications fixed by the commission and without regard to political affiliation;
(6) prepare and present to the commission an annual report; and
(7) perform such other duties as the commission may direct.
[Pre-Local Government Recodification Citations: 18-7-4-312; 18-7-4-35.]
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 › 36-7-4-400. 400 Series—duties and Powers of Commission

Sec. 400. This series (sections 400 through 499 of this chapter) may be cited as follows: 400 SERIES─COMMISSION DUTIES AND POWERS.
[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 › 36-7-4-401. Duties; Advisory Planning; Area Planning

Sec. 401. (a) Each plan commission shall:
(1) supervise, and make rules for, the administration of the affairs of the commission (in the case of an advisory plan commission) or of the planning department (in the case of an area plan commission or a metropolitan development commission);
(2) prescribe uniform rules pertaining to investigations and hearings;
(3) keep a complete record of all the departmental proceedings;
(4) record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the commission (in the case of an advisory plan commission) or of the planning department (in the case of an area plan commission or the metropolitan development commission);
(5) prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized under this chapter;
(6) adopt a seal; and
(7) certify to all official acts.
(b) ADVISORY─AREA. Each plan commission shall:
(1) supervise the fiscal affairs of the commission (in the case of an advisory plan commission) or of the planning department (in the case of an area plan commission); and
(2) prepare and submit an annual budget in the same manner as other departments of county or municipal government, as the case may be, and be limited in all expenditures to the provisions made for the expenditures by the fiscal body of the county or municipality.
[Pre-Local Government Recodification Citations: 18-4-8-9 part; 18-7-2-20 part; 18-7-3-5 part; 18-7-4-401; 18-7-4-25 part; 18-7-5-28 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 › 36-7-4-403. Repealed

[Pre-Local Government Recodification Citations: 18-4-8-9 part; 18-7-2-20 part; 18-7-4-403; 18-7-4-25 part; 18-7-5-28 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.20. Repealed by P.L.12-1983, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-403.5. Duties; Powers; Combined Hearing Procedure

Sec. 403.5. (a) If authorized by a zoning ordinance, the plan commission may designate a hearing examiner or committee of the commission to conduct a combined hearing procedure relative to developments that require more than one (1) hearing under this chapter. In conducting the combined hearing procedure under this section, the hearing examiner or committee of the commission may exercise the following:
(1) Powers of the hearing examiner or committee under section 402(d) of this chapter in relation to the 600 series of this chapter.
(2) Powers of the plat committee under the 700 series of this chapter.
(3) Powers of a board of zoning appeals under the 900 series of this chapter.
(4) Powers of the plan commission staff or a hearing examiner or committee of the plan commission under the 1400 series of this chapter.
(b) Decisions of the hearing examiner or committee of the plan commission under the combined hearing procedure may be excepted to or appealed as follows:
(1) Decisions under the authority of section 402(d) of this chapter in relation to powers granted under the 600 series of this chapter shall be appealed to the plan commission in the same manner as decisions of the hearing examiner or committee under section 402(d) of this chapter may be appealed.
(2) Decisions under the authority of the 700 series of this chapter shall be appealed to the plan commission in the same manner as decisions of the plat committee may be appealed.
(3) Decisions under the authority of the 900 series of this chapter shall be appealed to the plan commission, within five (5) days after the decision is rendered, and the plan commission shall consider the petition in the same manner as the petition would be considered by a board of zoning appeals.
(c) The plan commission shall make rules governing the hearing of cases under the combined hearing procedure. The rules may not require a petitioner or an applicant to use the combined hearing procedure authorized under this section.
(d) The plan commission may adopt rules setting specific procedures to facilitate informal settlement of matters. The rules may grant procedural rights to persons in addition to those conferred by this chapter, so long as the rights conferred upon other persons are not substantially prejudiced. This subsection does not require any person to settle a matter under the plan commission's informal procedures.
As added by P.L.321-1995, SEC.2. Amended by P.L.126-2011, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-404. Power to Sue and Be Sued; Costs

Sec. 404. (a) ADVISORY. Each advisory plan commission shall sue and be sued collectively by its legal name, styled according to the municipality or county, "__________ Plan Commission", with service of process on the executive director or the president of the commission. No costs may be taxed against the commission or any of its members in any action.
(b) AREA. Each area plan commission shall sue and be sued collectively by its legal name, styled "The Area Plan Commission of __________ County" or a similar title adopted by official resolution of the commission, with service of process on the executive director or by leaving a copy at the office of the commission. No costs may be taxed against the commission or any of its members in any action.
(c) METRO. The metropolitan development commission shall sue and be sued collectively by its legal name, styled "The Metropolitan Development Commission of __________ County", with service of process on the director of the department of metropolitan development or by leaving a copy at the office of the department. No costs may be taxed against the commission or any of its members in any action.
[Pre-Local Government Recodification Citations: 18-4-8-9 part; 18-7-2-20 part; 18-7-3-8 part; 18-7-4-404; 18-7-4-25 part; 18-7-5-28 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.192-1984, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-405.5. Conversion of Rural Route Addresses

Sec. 405.5. (a) This section applies to a county where any territory contains rural route addresses.
(b) Each plan commission shall develop a plan for converting rural route addresses within the county to numbered addresses under section 405 of this chapter.
(c) This subsection applies to a county or part of a county that is not under the jurisdiction of a plan commission. The county executive shall develop a plan for converting rural route addresses within the county (or part of a county) to numbered addresses under section 405 of this chapter.
(d) A plan adopted under this section must specify a date by which the plan commission or county executive intends to complete the conversion of rural route addresses to numbered addresses.
As added by P.L.3-1995, SEC.153.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-406. Repealed

[Pre-Local Government Recodification Citations: 18-4-8-9 part; 18-7-2-20 part; 18-7-2-88 part; 18-7-4-406 part; 18-7-4-94 part.]
As added by Acts 1981, P.L.309, SEC.23. Repealed by P.L.220-1986, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-407. Duties; Powers; Advisory Citizens' Committees

Sec. 407. Each plan commission may establish advisory committees of citizens interested in problems of planning and zoning. In its resolution establishing such a committee, the commission shall specify the terms of its members and its purposes. Each advisory committee shall:
(1) study the subject and problems specified by the commission and recommend to the commission additional problems in need of study;
(2) advise the commission concerning how the subject and problems relate particularly to different areas and groups in the community; and
(3) if invited by the commission to do so, sit with and participate, without the right to vote, in the deliberations of the commission, when subjects of mutual concern are discussed.
A committee shall report only to the commission and shall make inquiries and reports only on the subject and problems specified by the commission's resolution establishing the committee.
[Pre-Local Government Recodification Citations: 18-4-8-9 part; 18-7-2-20 part; 18-7-2-27; 18-7-2-28; 18-7-2-29; 18-7-2-30; 18-7-4-407; 18-7-4-25 part; 18-7-4-27; 18-7-4-28; 18-7-5-28 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-408. Powers; Executive Committee

Sec. 408. (a) Each plan commission may establish an executive committee of not less than three (3) nor more than nine (9) persons appointed by the commission from its membership. The establishment of the executive committee, the naming of its individual members, and the adoption of rules governing its operation requires a two-thirds (2/3) majority vote of the entire membership of the commission.
(b) A majority of the executive committee may act in the name of the commission; but if there are any dissenting votes, a person voting in the minority may appeal the decision of the executive committee to the commission.
[Pre-Local Government Recodification Citations: 18-7-4-408; 18-7-4-25 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-409. Powers; Grants-in-Aid

Sec. 409. Each plan commission may, within its approved budget, negotiate for grants-in-aid and agree to terms and conditions attached to them. This section is specific authority to enter into grants-in-aid agreements under 40 U.S.C. section 461. Under the same limitations, the commission may enter into grants-in-aid agreements under that act as amended and any other act relating to planning and zoning.
[Pre-Local Government Recodification Citations: 18-7-4-409; 18-7-4-32.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-410. Powers; County-Municipal Plan Commission

Sec. 410. (a) ADVISORY. The legislative body of any municipality located in a county having an advisory plan commission may, by ordinance, designate that county plan commission as the municipal plan commission. Such an ordinance may also provide that the county board of zoning appeals has jurisdiction within the corporate boundaries of the municipality. A county plan commission so designated has for that municipality all the powers and duties granted, under the advisory planning law, to a municipal plan commission. Any municipality designating a county plan commission as its municipal plan commission may contract annually to pay the county a proportionate part of the expenses that is properly chargeable to the planning service rendered that municipality. The county shall appropriate these payments to the county plan commission in addition to any sums budgeted for planning purposes.
(b) ADVISORY. Whenever a municipality designates a county plan commission as its municipal plan commission under subsection (a), residents of that municipality are eligible to be appointed citizen members of the commission under section 208(a)(5) of this chapter. Whenever a county board of zoning appeals has jurisdiction within the corporate boundaries of a municipality, residents of that municipality are eligible to be appointed citizen members of the board of zoning appeals under section 902 of this chapter.
[Pre-Local Government Recodification Citations: 18-7-2-19; 18-7-4-410; 18-7-4-24; 18-7-5-25; 18-7-5-26; 18-7-5-27.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.192-1984, SEC.10; P.L.126-2011, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-411. Powers; Fees

Sec. 411. The plan commission may establish a schedule of reasonable fees to defray the administrative costs connected with:
(1) processing and hearing administrative appeals and petitions for rezoning, special exceptions, special uses, contingent uses, and variances;
(2) issuing permits; and
(3) other official actions taken under this chapter.
As added by Acts 1981, P.L.310, SEC.25. Amended by P.L.192-1984, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-500. 500 Series—comprehensive Plan

Sec. 500. This series (sections 500 through 599 of this chapter) may be cited as follows: 500 SERIES─COMPREHENSIVE PLAN.
[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 › 36-7-4-501. Comprehensive Plan; Requirement; Approval; Purpose

Sec. 501. A comprehensive plan shall be approved by resolution in accordance with the 500 series for the promotion of public health, safety, morals, convenience, order, or the general welfare and for the sake of efficiency and economy in the process of development. The plan commission shall prepare the comprehensive plan.
[Pre-Local Government Recodification Citations: 18-7-2-31; 18-7-4-501; 18-7-4-36; 18-7-5-32.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.26; P.L.335-1985, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-502. Comprehensive Plan; Contents

Sec. 502. A comprehensive plan must contain at least the following elements:
(1) A statement of objectives for the future development of the jurisdiction.
(2) A statement of policy for the land use development of the jurisdiction.
(3) A statement of policy for the development of public ways, public places, public lands, public structures, and public utilities.
[Pre-Local Government Recodification Citations: 18-7-4-502; 18-7-4-33.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.27; P.L.335-1985, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-504. Comprehensive Plan; Consideration of Policy and Pattern; Validation, Continuance, and Consolidation of Preexisting Plans

Sec. 504. (a) After the comprehensive plan is approved for a jurisdiction, each governmental entity within the territorial jurisdiction where the plan is in effect shall give consideration to the general policy and pattern of development set out in the comprehensive plan in the:
(1) authorization, acceptance, or construction of water mains, sewers, connections, facilities, or utilities;
(2) authorization, construction, alteration, or abandonment of public ways, public places, public lands, public structures, or public utilities; and
(3) adoption, amendment, or repeal of zoning ordinances, including zone maps and PUD district ordinances (as defined in section 1503 of this chapter), subdivision control ordinances, historic preservation ordinances, and other land use ordinances.
(b) A comprehensive plan or master plan adopted or approved under any prior law is validated and continues in effect as the comprehensive plan for the plan commission in existence on September 1, 1986, or any successor plan commission until the plan becomes a part of or is amended or superseded by the comprehensive plan of the latter plan commission. In addition, a thoroughfare plan adopted or approved under any prior law is validated and continues in effect as a part of the comprehensive plan on and after September 1, 1986, until the thoroughfare plan is amended or superseded by changes in the comprehensive plan approved under this chapter.
(c) AREA. To effect the consolidation of the various plans and ordinances in force in the county and in the participating municipality into one (1) comprehensive plan, the area plan commission shall approve the comprehensive plans of the participating municipalities as its first comprehensive plan. The commission shall also recommend under applicable law to the participating legislative bodies, without amendment, the adoption of the zoning, subdivision control, thoroughfare, and other ordinances relating to the jurisdiction of the participating legislative body. If lands within the jurisdiction of the commission are not regulated by zoning ordinances, the commission shall classify those lands as residential or agricultural, until they can conduct such land use studies as are necessary for reclassification and zoning. Because the unification of the planning and zoning function is of an emergency character, the commission and the participating legislative bodies shall initially adopt these preliminary plans and ordinances by simple resolution, to continue in effect until finally adopted in conformity with the area planning law.
[Pre-Local Government Recodification Citations: 18-7-3-12; 18-7-4-504; 18-7-4-45; 18-7-4-94 part; 18-7-5-45.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.6; P.L.220-1986, SEC.10; P.L.320-1995, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-504.5. Comprehensive Plan; Township Advisory Committee

Sec. 504.5. (a) In preparing or revising a comprehensive plan for a township, the legislative body of the consolidated city shall adopt an ordinance requiring the plan commission to establish an advisory committee of citizens interested in problems of planning and zoning for that township, a majority of whom shall be nominated by the township legislative body.
(b) An advisory committee created under subsection (a) must include a representative of the affected township legislative body as determined by procedures established in an ordinance adopted by the legislative body of the consolidated city.
As added by P.L.164-1995, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-505. Comprehensive Plan; Requests for Related Information

Sec. 505. (a) When the plan commission undertakes the preparation of a comprehensive plan, the commission may request any public or private officials to make available any information, documents, and plans that have been prepared and that provide any information that relates to the comprehensive plan.
(b) All officials and departments of state government and of the political subdivisions operating within lands under the jurisdiction of the plan commission shall comply with requests under subsection (a).
(c) All officials of public and private utilities operating within lands under the jurisdiction of the plan commission shall comply with requests under subsection (a) to furnish public information.
[Pre-Local Government Recodification Citations: 18-7-2-32 part; 18-7-4-505; 18-7-4-40.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.29; P.L.335-1985, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-506. Thoroughfare Plans Included in Comprehensive Plans; Location, Change, Vacation, or Improvement of Thoroughfares

Sec. 506. (a) A thoroughfare plan that is included in the comprehensive plan may determine lines for new, extended, widened, or narrowed public ways in any part of the territory in the jurisdiction.
(b) The determination of lines for public ways, as provided in subsection (a), does not constitute the opening, establishment, or acceptance of land for public way purposes.
(c) After a thoroughfare plan has been included in the comprehensive plan, thoroughfares may be located, changed, widened, straightened, or vacated only in the manner indicated by the comprehensive plan.
(d) After a thoroughfare plan has been included in the comprehensive plan, the plan commission may recommend to the agency responsible for constructing thoroughfares in the jurisdiction the order in which thoroughfare improvements should be made.
[Pre-Local Government Recodification Citations: 18-7-2-32 part; 18-7-4-506; 18-7-4-38; 18-7-5-38.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.30; P.L.335-1985, SEC.8; P.L.220-1986, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-507. Comprehensive Plan; Notice and Hearings Before Adoption

Sec. 507. Before the approval of a comprehensive plan, the plan commission must:
(1) give notice and hold one (1) or more public hearings on the plan;
(2) publish, in accordance with IC 5-3-1, a schedule stating the times and places of the hearing or hearings. The schedule must state the time and place of each hearing, and state where the entire plan is on file and may be examined in its entirety for at least ten (10) days before the hearing.
[Pre-Local Government Recodification Citations: 18-7-2-33; 18-7-4-507; 18-7-4-41; 18-7-5-39.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.18; P.L.335-1985, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-508. Comprehensive Plan; Adoption; Certification; Plan and Summary Availability for Inspection; Legalization of Certain Comprehensive Plans

Sec. 508. (a) After a public hearing or hearings have been held, the plan commission may approve the comprehensive plan.
(b) ADVISORY─AREA. Upon approval, the plan commission shall certify the comprehensive plan to each participating legislative body.
(c) The plan commission may approve each segment of the comprehensive plan as it is completed. However, that approval does not preclude future examination and amendment of the comprehensive plan under the 500 series. A comprehensive plan that:
(1) was approved before March 14, 1994, under this subsection as in effect before March 14, 1994; and
(2) was not filed in the county recorder's office as required by this subsection as in effect before March 14, 1994;
is legalized.
(d) METRO. As used in this subsection, "comprehensive plan" or "plan" includes any segment of a comprehensive plan. Approval of the comprehensive plan by the metropolitan development commission is final. However, the commission may certify the comprehensive plan to the legislative body of each municipality in the county, to the executive of the consolidated city, and to any other governmental entity that the commission wishes. The commission shall make a complete copy of the plan available for inspection in the office of the plan commission. One (1) summary of the plan shall be recorded in the county recorder's office. The summary of the plan must identify the following:
(1) The major components of the plan.
(2) The geographic area subject to the plan, including the townships or parts of townships that are subject to the plan.
(3) The date the commission adopted the plan.
[Pre-Local Government Recodification Citations: 18-7-2-34; 18-7-4-508; 18-7-4-42 part; 18-7-5-40; 18-7-5-41.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.10; P.L.31-1994, SEC.11; P.L.220-2011, SEC.661.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-509. Comprehensive Plan; Legislative Approval, Rejection, or Amendment

Sec. 509. (a) ADVISORY─AREA. After certification of the comprehensive plan, the legislative body may adopt a resolution approving, rejecting, or amending the plan. Such a resolution requires only a majority vote of the legislative body, and is not subject to approval or veto by the executive of the adopting unit, and the executive is not required to sign it.
(b) ADVISORY─AREA. The comprehensive plan is not effective for a jurisdiction until it has been approved by a resolution of its legislative body. After approval by resolution of the legislative body of the unit, it is official for each unit that approves it. Upon approval of the comprehensive plan by the legislative body, the clerk of the legislative body shall place one (1) copy of the comprehensive plan on file in the office of the county recorder.
[Pre-Local Government Recodification Citations: 18-7-2-35 part; 18-7-4-509; 18-7-4-42 part; 18-7-4-43 part; 18-7-5-42.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.11; P.L.220-1986, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-510. Comprehensive Plan; Procedure Following Legislative Rejection or Amendment

Sec. 510. (a) ADVISORY─AREA. If the legislative body, by resolution, rejects or amends the comprehensive plan, then it shall return the comprehensive plan to the plan commission for its consideration, with a written statement of the reasons for its rejection or amendment.
(b) ADVISORY─AREA. The commission has sixty (60) days in which to consider the rejection or amendment and to file its report with the legislative body. However, the legislative body may grant the commission an extension of time, of specified duration, in which to file its report. If the commission approves the amendment, the comprehensive plan stands, as amended by the legislative body, as of the date of the filing of the commission's report with the legislative body. If the commission disapproves the rejection or amendment, the action of the legislative body on the original rejection or amendment stands only if confirmed by another resolution of the legislative body.
(c) ADVISORY─AREA. If the commission does not file a report with the legislative body within the time allotted under subsection (b), the action of the legislative body in rejecting or amending the comprehensive plan becomes final.
[Pre-Local Government Recodification Citations: 18-7-4-510; 18-7-5-43.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.31; P.L.335-1985, SEC.12; P.L.220-1986, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-511. Comprehensive Plan; Amendment Approval; Preparation and Submission of Amendments

Sec. 511. (a) Each amendment to the comprehensive plan must be approved according to the procedure set forth in the 500 series.
(b) ADVISORY─AREA. If the legislative body wants an amendment, it may direct the plan commission to prepare the amendment and submit it in the same manner as any other amendment to the comprehensive plan. The commission shall prepare and submit the amendment within sixty (60) days after the formal written request by the legislative body. However, the legislative body may grant the commission an extension of time, of specified duration, in which to prepare and submit the amendment.
[Pre-Local Government Recodification Citations: 18-7-2-35 part; 18-7-4-511; 18-7-4-43 part; 18-7-5-44.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.13; P.L.220-1986, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-512. Comprehensive Plan; Capital Improvement Projects

Sec. 512. METRO. This section applies only to capital improvement projects consisting of real or personal property (or improvements) that have a useful life of more than one (1) year and a value of more than one hundred thousand dollars ($100,000). At least thirty (30) days before a governmental entity within the county:
(1) undertakes or acquires any such capital improvement project;
(2) starts the required proceedings to spend money or let contracts for such a project; or
(3) authorizes the issuance of bonds for the purpose of financing such a project;
the governmental entity must notify the metropolitan development commission in writing of the location, cost, and nature of the project. The commission may by rule limit the kinds of capital improvement projects that are subject to the notification requirement of this section. The commission may designate an agency responsible for fiscal analyses or control to receive notifications required by this section.
[Pre-Local Government Recodification Citations: 18-7-2-36; 18-7-3-13 part; 18-7-4-512; 18-7-4-44; 18-7-5-46.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.32; P.L.335-1985, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-600. 600 Series—zoning Ordinance

Sec. 600. This series (sections 600 through 699 of this chapter) may be cited as follows: 600 SERIES─ZONING ORDINANCE.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.23.