reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-6. Resolution Declaring Necessity of Survey or Plat Requisites; Adoption Procedures Direction to Professional Surveyor

Sec. 6. (a) Before a survey of a municipality is made under this chapter, the municipal legislative body must declare, by resolution, the necessity for making the survey or plat. The resolution must describe and embrace all tracts to be included in the plat, with the description being by streets, alleys, corporate lines, other platted additions' lines, or any boundary line that can be definitely located. Notice of the adoption of the resolution must be given in accordance with IC 5-3-1. The notice must fix a time and a place where the persons owning the tracts may appear before the legislative body and object to any further steps being taken in the proceedings.
(b) If, after hearing any objections, the legislative body considers it necessary to proceed with the survey and plat, it shall direct the municipal civil engineer, if the engineer is a professional surveyor, or, if the engineer is not, some suitable and competent professional surveyor, to immediately make the survey and plat and report them to the legislative body.
[Pre-Local Government Recodification Citation: 18-5-10-37.]
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.45, SEC.17; P.L.57-2013, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-7. Professional Surveyor; Completion of Survey and Plat; Requirements; Boundary Line Dispute Procedures; Subdivision of Tracts; Report; Statement of Costs and Expenses; Filing

Sec. 7. (a) In making a survey of a municipality under this chapter, a professional surveyor shall adhere as nearly as possible to boundary lines between tracts. If the owners of adjacent tracts do not agree on the location of the boundary line between them, the professional surveyor shall give all interested parties ten (10) days' notice that, at a specified time, the professional surveyor will establish the boundary line. The line established is the correct boundary line, but an aggrieved party may appeal from the survey in the same manner as is provided by IC 36-2-12-14 for an appeal from a survey made by a county surveyor. However, an appeal does not delay the completion of the survey and plat.
(b) All public ways shall be preserved and properly designated on the plat.
(c) Each specific description shall be platted as one (1) lot and given a distinct number on the plat, except that where a part of the specific description is cut off by a street or alley, the tract may be given two (2) or more distinct numbers, as required by the situation.
(d) If any part of the entire tract to be platted is cut up into blocks by streets or alleys, the tract shall be platted in lots extending from the street or alley in the front to the alley in the rear.
(e) If a lot embraces more than one (1) specific description, the memoranda attached to the plat must designate how much of the lot belongs to each of the part owners.
(f) A person owning a tract that is within the boundaries of the territory to be platted and is larger than an ordinary lot may have that tract subdivided into lots of convenient size in the making of the plat.
(g) The professional surveyor shall show on the plat the exact size and shape, the number, and the name of the owner (as determined from the records of the county), of each lot platted, and shall attach to the plat, as a part of it, a brief memorandum of the tract description of each lot platted.
(h) The professional surveyor shall sign the plat and acknowledge its execution before an officer authorized to take the acknowledgment of deeds. When the survey and plat are completed, the professional surveyor shall file them with the municipal clerk. The professional surveyor shall also file with the professional surveyor's report of the survey and plat an itemized statement of all costs and expenses incident to the proceedings, and an apportionment of the expenses to the lots platted, as required by section 9 of this chapter.
[Pre-Local Government Recodification Citation: 18-5-10-38.]
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.57-2013, SEC.99.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-8. Report of Survey and Plat; Approval Procedures; Recording; Legal Effect of Plat

Sec. 8. (a) When a plat is filed under section 7 of this chapter, the municipal clerk shall immediately give notice, in accordance with IC 5-3-1, that on a specified day, at an hour and place named in the notice, the municipal legislative body will meet to consider the professional surveyor's report and plat, and to hear any objections to the report and plat by interested parties.
(b) If any errors or omissions are discovered, the legislative body shall require the professional surveyor to correct them. When the legislative body has approved the report of the survey and plat, it shall give the plat an appropriate name and have it, together with the resolution of approval, recorded in the proper records in the county recorder's office. When recorded, the plat has the same legal effect as if it had been done by the owners of the tracts platted.
[Pre-Local Government Recodification Citation: 18-5-10-39.]
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.57-2013, SEC.100.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-9. Expenses of Survey and Plat; Apportionment and Assessment Against Property Platted; Lien; Collection and Disbursement

Sec. 9. (a) The expenses arising from a survey and plat in a municipality under this chapter shall be charged to the property platted, in the proportion the municipal legislative body considers just and equitable. When approving the land surveyor's report of the survey and plat, the legislative body shall, at the same time, assess an equitable part of the cost and expense against each tract platted.
(b) The assessment is a lien on the property from the time the assessment is made, and is due and payable as soon as the plat is recorded. If an assessment is not paid before the second day of January after it is made, a certified copy of the assessment shall be filed in the office of the auditor of the county in which the property is located, and the auditor shall place the amount claimed on the tax duplicate against the lands of the landowner. The amount shall be collected as taxes are collected, and, when collected, shall be disbursed to the general fund of the municipality.
[Pre-Local Government Recodification Citation: 18-5-10-40.]
As added by Acts 1981, P.L.309, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-10. Vacation of Plat by Owners; Written Instrument; Filing and Approval; Recording; Land Outside Municipal Boundaries Excepted From Approval; Effect; Public Ways

Sec. 10. (a) The owners of land in a plat may vacate all or part of that plat under:
(1) this section; or
(2) IC 36-7-4-711.
(b) In a case in which all the owners of land in a plat are in agreement regarding a proposed vacation, the owners may file a written instrument to vacate all or part of that plat. All the owners of land in the plat must declare the plat or part of the plat to be vacated in the written instrument. The instrument must be executed, acknowledged, and recorded in the same manner as a deed to land.
(c) Before offering the instrument for recording under this section, an owner must file a copy of the instrument in the county auditor's office and must submit the instrument vacating all or part of the plat for the approval of the plan commission that has jurisdiction over the platted area under IC 36-7-4 or the plat committee acting on behalf of the plan commission. If no plan commission has jurisdiction over the platted area under IC 36-7-4, the instrument must be submitted for the approval of:
(1) the county executive, in the case of land located in an unincorporated area; or
(2) the municipal works board, in the case of land located inside the corporate boundaries of a municipality.
The instrument may be approved under this section without notice or a hearing. The provisions of IC 36-7-4 concerning notice and hearing do not apply to the approval of an instrument under this section.
(d) The county recorder may record the instrument only if a certificate showing the approval of the vacation by the plan commission, county executive, or municipal works board is attached to it. If the instrument is not executed and approved as required by this section, it is void.
(e) The owners of land in a plat that is located outside the corporate boundaries of any municipality may vacate all of the plat without the approval required by subsections (c) and (d) if no lots have been sold and no roads constructed in the plat, and all of the owners of land in the plat declare the plat to be vacated in a written instrument. The instrument must be executed, acknowledged, and recorded in the same manner as a deed to land.
(f) An instrument recorded under this section terminates the effect of the plat or part of the plat declared to be vacated, and it also terminates all public rights in the public ways and public places described in the plat or part of the plat. However, a public way that has been improved, or that is part of an improved plat, may be vacated only in accordance with section 12 of this chapter or with IC 36-7-4-712, whichever is applicable.
[Pre-Local Government Recodification Citation: 18-5-10-42.]
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC.5; P.L.126-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-11. Repealed

[Pre-Local Government Recodification Citations: 18-5-10-43; 18-5-10-50 part.]
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC.6. Repealed by P.L.126-2011, SEC.68.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-12. Vacation of Public Way or Place; Petition; Notice; Hearing; Adoption of Ordinance; Appeals

Sec. 12. (a) Persons who:
(1) own or are interested in any lots or parts of lots; and
(2) want to vacate all or part of a public way or public place in or contiguous to those lots or parts of lots;
may file a petition for vacation with the legislative body of:
(A) a municipality, if all or any part of the public way or public place to be vacated is located within the corporate boundaries of that municipality; or
(B) the county, if all or the only part of the public way or public place to be vacated is located outside the corporate boundaries of a municipality.
(b) Notice of the petition must be given in the manner prescribed by subsection (c). The petition must:
(1) state the circumstances of the case;
(2) specifically describe the property proposed to be vacated; and
(3) give the names and addresses of all owners of land that abuts the property proposed to be vacated.
(c) The legislative body shall hold a hearing on the petition within thirty (30) days after it is received. The clerk of the legislative body shall give notice of the petition and of the time and place of the hearing:
(1) in the manner prescribed in IC 5-3-1; and
(2) by certified mail to each owner of land that abuts the property proposed to be vacated.
The petitioner shall pay the expense of providing this notice.
(d) The hearing on the petition is subject to IC 5-14-1.5. At the hearing, any person aggrieved by the proposed vacation may object to it as provided by section 13 of this chapter.
(e) After the hearing on the petition, the legislative body may, by ordinance, vacate the public way or public place. The clerk of the legislative body shall furnish a copy of each vacation ordinance to the county recorder for recording and to the county auditor.
(f) Within thirty (30) days after the adoption of a vacation ordinance, any aggrieved person may appeal the ordinance to the circuit court, superior court, or probate court of the county. The court shall try the matter de novo and may award damages.
[Pre-Local Government Recodification Citations: 18-5-10-44; 18-5-10-50 part.]
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.46, SEC.6; Acts 1982, P.L.211, SEC.2; P.L.84-2016, SEC.178.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-13. Vacation of Proceedings; Filing of Remonstrances and Objections; Grounds; Denial of Petition

Sec. 13. (a) A remonstrance or objection permitted by section 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the following grounds:
(1) The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.
(2) The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient.
(3) The vacation would hinder the public's access to a church, school, or other public building or place.
(4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.
(b) If a remonstrance or objection is filed or raised by an aggrieved person under subsection (a)(2) and:
(1) the lands of the aggrieved person do not abut any other public way other than the public way to which the vacation petition applies; or
(2) the vacation of the public way would cause the lands of the aggrieved person to become landlocked with no other convenient or reasonable means of ingress or egress via another public way;
the appropriate legislative body shall deny the petition to vacate the public way.
[Pre-Local Government Recodification Citation: 18-5-10-45.]
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.46, SEC.7; Acts 1982, P.L.211, SEC.3; P.L.353-1983, SEC.1; P.L.126-2011, SEC.4; P.L.38-2021, SEC.86.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-14. Vacation of Platted Land; Descriptions of Lots and Parcels in Plat Preserved; Exceptions

Sec. 14. (a) If any platted land is vacated, the descriptions of the lots and parcels of that land shall be preserved as set forth in the plat, with the proportionate parts of vacated streets and alleys added as provided by law, unless all the owners of land in the vacated area consent in writing to the description of the area by:
(1) the method used before the plat was made;
(2) metes and bounds; or
(3) other appropriate description.
(b) Notwithstanding subsection (a), a vacated tract of five (5) acres or more that is owned by one (1) person, or jointly by two (2) or more persons, need not be described by lot number and may be described by metes and bounds or some other method.
[Pre-Local Government Recodification Citation: 18-5-10-46.]
As added by Acts 1981, P.L.309, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-15. Termination of Vacation Proceeding; Limitation

Sec. 15. After the termination of a vacation proceeding under this chapter, a subsequent vacation proceeding affecting the same property and asking for the same relief may not be initiated for two (2) years.
[Pre-Local Government Recodification Citation: 18-5-10-49.]
As added by Acts 1981, P.L.309, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-16. Vacation of Platted Easements; Public Utility's Use of Public Way or Place Notwithstanding Vacation Proceedings; Waiver

Sec. 16. (a) Platted easements may be vacated in the same manner as public ways and public places, in accordance with section 12 of this chapter or with IC 36-7-4-712, whichever is applicable.
(b) Notwithstanding this article, vacation proceedings do not deprive a public utility of the use of all or part of a public way or public place to be vacated, if, at the time the proceedings are instituted, the utility is occupying and using all or part of that public way or public place for the location and operation of its facilities. However, the utility may waive its rights under this subsection by filing its written consent in the vacation proceedings.
[Pre-Local Government Recodification Citation: 18-5-10-51.]
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to sections 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, and 701 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.
(2) The addition of sections 613 and 614 of this chapter by P.L.335-1985 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.
(3) The amendments made to sections 214, 503, 504, 506, 509, 510, 511, 601, 602, 603, 604, 605, 606, 610, 612, 711, 712, 801, 802, 1014, and 1020 of this chapter by P.L.220-1986 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.220-1986 had not been enacted.
As added by P.L.220-2011, SEC.658.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-0.3. Operation of Certain Area Plan Commissions; Legalization of Certain Actions Taken After June 30, 1997, and Before January 1, 1999

Sec. 0.3. Notwithstanding the amendments made to section 207 of this chapter by P.L.225-1997, an area plan commission that existed before May 12, 1997, may continue to operate until January 1, 1999, under section 207 of this chapter as it existed before May 12, 1997. Any actions taken after June 30, 1997, and before January 1, 1999, by an area plan commission operating under this section that otherwise comply with the Area Planning Law are legalized and validated.
As added by P.L.220-2011, SEC.659.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-0.4. Legalization of Acts of Certain Plan Commissions Taken After September 30, 1999, and Before March 16, 2000

Sec. 0.4. (a) This section applies to a county plan commission that did not have a township trustee appointed to the plan commission as a member in accordance with IC 36-7-4-208(a)(5) on or after October 1, 1999.
(b) The acts of the plan commission taken after September 30, 1999, and before March 16, 2000, are legalized.
As added by P.L.220-2011, SEC.660.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-100. 100 Series—applicability and Rules of Construction

Sec. 100. This series (sections 100 through 199 of this chapter) may be cited as follows: 100 SERIES─APPLICABILITY AND RULES OF CONSTRUCTION.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-101. "Advisory Planning Law" Defined

Sec. 101. The "advisory planning law" consists of those parts of this chapter that are applicable to advisory planning. Sections and subsections of this chapter with headings that include "ADVISORY" apply to advisory planning. In addition, sections and subsections of this chapter without headings apply to advisory planning as well as area planning and metropolitan development.
[Pre-Local Government Recodification Citation: 18-7-4-101.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-102. "Area Planning Law" Defined

Sec. 102. The "area planning law" consists of those parts of this chapter that are applicable to area planning. Sections and subsections of this chapter with headings that include "AREA" apply to area planning. In addition, sections and subsections of this chapter without headings apply to area planning as well as advisory planning and metropolitan development.
[Pre-Local Government Recodification Citation: 18-7-4-102.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-103. "Metropolitan Development Law" Defined

Sec. 103. The "metropolitan development law" consists of those parts of this chapter that are applicable to metropolitan development. Sections and subsections of this chapter with headings that include "METRO" apply to metropolitan development. In addition, sections and subsections of this chapter without headings apply to metropolitan development as well as area planning and advisory planning.
[Pre-Local Government Recodification Citation: 18-7-2-3 part.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-104. "Series" Defined

Sec. 104. A citation in this chapter to the term "series", preceded by a numerical designation and two (2) zeroes, shall be construed as a reference to all the sections of this chapter (including the advisory planning law, the area planning law, and the metropolitan development law) that have that same numerical designation.
[Pre-Local Government Recodification Citation: 18-7-4-114.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-105. Repealed

[Pre-Local Government Recodification Citations: 18-7-4-121; 18-7-5-4.]
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 › 36-7-4-106. Prior Law Construed

Sec. 106. If a provision of the prior advisory planning laws, area planning laws, township joinder laws, or metropolitan development laws has been replaced in the same form or in a restated form, by a provision of this chapter, then a citation to the provision of the prior law shall be construed as a citation to the corresponding provision of this chapter.
[Pre-Local Government Recodification Citation: 18-7-4-124.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-107. Reorganized Units; Exercise of Powers by Resolution

Sec. 107. If a provision of this chapter requires a power to be exercised by adoption of an ordinance, a unit described in IC 36-7-2-1(b) shall exercise the power by adoption of a resolution.
As added by P.L.202-2013, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-200. 200 Series—establishment and Membership of Commission

Sec. 200. This series (sections 200 through 299 of this chapter) may be cited as follows: 200 SERIES─COMMISSION ESTABLISHMENT AND MEMBERSHIP.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-201. Manner of Exercising Planning and Zoning Powers; Purpose; Countywide Planning and Zoning Entities; County Containing Consolidated City

Sec. 201. (a) For purposes of IC 36-1-3-6, a unit wanting to exercise planning and zoning powers in Indiana, including the issuance of permits under IC 8-1-32.3 (except as otherwise provided in IC 8-1-32.3), must do so in the manner provided by this chapter.
(b) The purpose of this chapter is to encourage units to improve the health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities to the end:
(1) that highway systems be carefully planned;
(2) that new communities grow only with adequate public way, utility, health, educational, and recreational facilities;
(3) that the needs of agriculture, forestry, industry, and business be recognized in future growth;
(4) that residential areas provide healthful surroundings for family life; and
(5) that the growth of the community is commensurate with and promotive of the efficient and economical use of public funds.
(c) Furthermore, municipalities and counties may cooperatively establish single and unified planning and zoning entities to carry out the purpose of this chapter on a countywide basis.
(d) METRO. Expanding urbanization in each county having a consolidated city has created problems that have made the unification of planning and zoning functions a necessity to insure the health, safety, morals, economic development, and general welfare of the county. To accomplish this unification, a single planning and zoning authority is established for the county. However, in an excluded city (as described in IC 36-3-1-7):
(1) the legislative body of the excluded city; and
(2) the board of zoning appeals of the excluded city, if the excluded city has a board of zoning appeals;
have exclusive territorial jurisdiction within the boundaries of the excluded city. Unless expressly provided otherwise, any reference in this chapter to the legislative body with regard to an excluded city is a reference to the legislative body of the excluded city, and any reference in this chapter to the board of zoning appeals with regard to an excluded city is a reference to the board of zoning appeals of the excluded city, if the excluded city has a board of zoning appeals.
[Pre-Local Government Recodification Citations: 18-7-2-1; 18-7-3-1 part; 18-7-3-7 part; 18-7-4-201; 18-7-4-1; 18-7-5-1 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.5; P.L.192-1984, SEC.3; P.L.82-2005, SEC.7; P.L.145-2015, SEC.7; P.L.161-2021, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-201.1. Zoning Ordinances; Satellite Receiver Antennas and Other Types of Antennas

Sec. 201.1. A local zoning ordinance that addresses a satellite receiver antenna and another type of antenna is void unless the zoning ordinance:
(1) has a reasonable and clearly defined health, safety, or aesthetic objective;
(2) does not:
(A) impose an unreasonable restriction on or prevent the reception of satellite signals by satellite receiver antennas; or
(B) impose costs on the users of satellite receiver antennas that are excessive in comparison to the purchase and installation cost of the satellite receiver antennas; and
(3) does not prohibit installation of a satellite receiver antenna that is not more than two (2) feet in diameter.
As added by P.L.167-1994, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-202. Establishment; Authorization

Sec. 202. (a) ADVISORY. The legislative body of a county or municipality may establish by ordinance an advisory plan commission. In addition, in a county having a population of:
(1) more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000); or
(2) more than one hundred ten thousand (110,000) and less than one hundred twelve thousand (112,000);
the legislative bodies of that county and of the city having the largest population in that county may establish by identical ordinances a metropolitan plan commission as a department of county government. These ordinances must specify the legal name of the commission for purposes of section 404(a) of this chapter.
(b) AREA. There may be established in each county an area planning department in the county government, having:
(1) an area plan commission;
(2) an area board of zoning appeals;
(3) an executive director; and
(4) such staff as the area plan commission considers necessary.
Each municipality and each county desiring to participate in the establishment of a planning department may adopt an ordinance adopting the area planning law, fix a date for the establishment of the planning department, and provide for the appointment of its representatives to the commission. When a municipality or a county adopts such an ordinance, it shall certify a copy of the ordinance to each legislative body within the county. When a county and at least one (1) municipality within the county each adopt an ordinance adopting the area planning law and fix a date for the establishment of the department, the legislative body of the county shall establish the planning department.
(c) METRO. A metropolitan development commission is established in the department of metropolitan development of the consolidated city. The legislative body of the consolidated city may adopt ordinances to regulate the following:
(1) The time that the commission holds its meetings.
(2) The voting procedures of the commission.
[Pre-Local Government Recodification Citations: 18-4-8-8 part; 18-7-2-4 part; 18-7-3-1 part; 18-7-3-2 part; 18-7-4-202; 18-7-4-3; 18-7-4-4; 18-7-4-5; 18-7-4-6 part; 18-7-5-1 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.12-1992, SEC.163; P.L.164-1995, SEC.15; P.L.170-2002, SEC.152; P.L.119-2012, SEC.193; P.L.104-2022, SEC.175.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-202.5. Reorganized Units; Adoption of Advisory Plan Commission

Sec. 202.5. (a) ADVISORY. Notwithstanding any other law, the legislative body of a unit described in IC 36-7-2-1(b) may establish by resolution an advisory plan commission.
(b) ADVISORY. If an advisory plan commission is established under this section by a unit described in IC 36-7-2-1(b) and the unit adopts a comprehensive plan under this chapter:
(1) the advisory plan commission of the unit shall exercise the planning and zoning functions within the unit;
(2) the advisory plan commission of the unit may not exercise planning and zoning functions within a municipality that has established a plan commission under this chapter (other than a municipality that participated in the reorganization of the unit under IC 36-1.5);
(3) the county plan commission may not exercise planning and zoning functions within the unit; and
(4) except as provided in subdivision (2), a municipal plan commission of a municipality (other than a municipality that participated in the reorganization of the unit under IC 36-1.5) may not exercise planning and zoning functions within the unit.
Notwithstanding any other law, if a municipality (other than a municipality that participated in the reorganization of the unit under IC 36-1.5) annexes territory within a unit described in IC 36-7-2-1(b) after the unit has established an advisory plan commission under this section, the municipal plan commission of that municipality may not exercise planning and zoning functions within that annexed territory.
(c) ADVISORY. Except as specifically provided in this chapter, an advisory plan commission established under this section by a unit described in IC 36-7-2-1(b) shall exercise the planning and zoning functions within the unit in the same manner that a municipal plan commission established under this chapter exercises planning and zoning functions for a municipality.
(d) ADVISORY. Notwithstanding any other provision, if an advisory plan commission is established under this section by a unit described in IC 36-7-2-1(b), the legislative body of the unit shall, by resolution or in the unit's plan of reorganization under IC 36-1.5, determine:
(1) the number of members to be appointed to the unit's advisory plan commission;
(2) the person or entity that shall appoint or remove those members;
(3) any required qualifications for those members;
(4) the terms of those members; and
(5) whether any members or advisory members shall be appointed by the county in which the unit is located or by a municipality located within the unit.
As added by P.L.202-2013, SEC.34.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-203. Establishment; Exercise of Planning and Zoning Authority

Sec. 203. (a) ADVISORY. After a metropolitan plan commission is established, it shall exercise exclusively the planning and zoning functions of the county and of the second class city, and the separate planning and zoning functions of the county plan commission and the city plan commission cease.
(b) AREA. After the planning department is established and the participating legislative bodies have adopted a zoning ordinance, the planning department shall exercise exclusively the planning and zoning functions of the county and of the participating municipalities, except as provided in section 901(i) of this chapter. Where other statutes confer planning and zoning authority on a participating municipality or a county, their plan commissions shall continue to exercise that authority until such time as the planning department is established and the participating legislative bodies adopt a zoning ordinance.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-7-3-2 part; 18-7-3-8 part; 18-7-3-11 part;subsection (b) formerly 18-7-4-203; 18-7-4-6 part; 18-7-4-94 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.6; P.L.126-2011, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-204. Establishment; Participation by Other Municipalities Within County

Sec. 204. AREA. After the planning department is established, other municipalities within the county may adopt ordinances adopting the area planning law and provide for the appointment of their representatives to the area plan commission. In such a case, the membership of the commission shall be increased according to the formula provided in sections 207, 208, 209, and 211 of this chapter and the authority of a municipal plan commission and municipal board of zoning appeals ceases, except as provided in section 901(i) of this chapter, as of the time specified in that ordinance. The composition of any such municipal board of zoning appeals, or of any such board later organized, under the advisory planning law, must conform with that law, except that those members of such a board to be appointed from the municipal plan commission shall instead be appointed from the area plan commission.
[Pre-Local Government Recodification Citations: 18-7-4-204; 18-7-4-7.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.126-2011, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-206. Establishment; Extent of Territorial Authority of Nonparticipating Municipality

Sec. 206. AREA. After the planning department is established, a nonparticipating municipality may not exercise planning and zoning powers outside its corporate boundaries.
[Pre-Local Government Recodification Citations: 18-7-4-206; 18-7-4-6 part.]
As added by Acts 1981, P.L.309, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-209. Membership of Commission; Representatives for a Municipality; Numbers; Appointments

Sec. 209. (a) AREA. When the number of representatives for a municipality is two (2), one (1) is a member of the municipal legislative body appointed by the legislative body and the other is a citizen member appointed by the municipal executive.
(b) AREA. When the number of representatives for a municipality is three (3), one (1) is a member of the legislative body appointed by the legislative body and two (2) are citizen members appointed by the executive.
(c) AREA. When the number of representatives for a municipality is four (4), one (1) is a member of the works board or the board of sanitary commissioners, appointed by the executive, one (1) is a member of the legislative body appointed by the legislative body, and two (2) are citizen members appointed by the executive.
(d) AREA. When the number of representatives for a municipality is five (5) or more, one (1) is a member of the works board or the board of sanitary commissioners, appointed by the executive, one (1) is a member of the legislative body appointed by the legislative body, and the remainder are citizen members appointed by the executive.
[Pre-Local Government Recodification Citations: 18-7-3-4 part; 18-7-4-209; 18-7-4-11; 18-7-5-7 part; 18-7-5-12 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.226-1997, SEC.2; P.L.126-2011, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-210. Membership of Commission; Advisory Council on Town Affairs

Sec. 210. (a) AREA. In a county where there are two (2) or more towns having a population of not more than two thousand one hundred (2,100) neither of which has a representative on the area plan commission under section 207(c)(7) of this chapter that are participating in an area planning department, there is established an advisory council on town affairs. Each participating legislative body of such a town shall select one (1) of its members as its representative on the advisory council. The advisory council shall meet as soon as possible after the establishment of the planning department. It shall meet in the town hall of the participating town having the largest population, on the call of the representative of that town, who shall act as chair of the first meeting. Thereafter, the council shall elect its own chair.
(b) AREA. The advisory council shall at its first meeting select from its membership an appropriate number of voting representatives to the area plan commission. If the advisory council is composed of five (5) members or less, it is entitled to one (1) voting representative on the area plan commission. If the advisory council is composed of more than five (5) members, it is entitled to two (2) voting representatives on the area plan commission.
(c) AREA. The chair and the representatives on the advisory council shall be elected for one (1) year terms, terminating at the end of the year.
(d) AREA. If there are not any cities located within a county, then the town having the largest population and participating in the planning department in the county shall select a citizen member to serve on the area plan commission. The legislative body of that town shall appoint that member as prescribed by section 218(e) of this chapter.
[Pre-Local Government Recodification Citations: 18-7-4-210; 18-7-4-26.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.8; Acts 1982, P.L.1, SEC.63; P.L.127-2017, SEC.169.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-211. Membership of Commission; Changes

Sec. 211. (a) AREA. Notwithstanding any other provision of the area planning law, the representation on any area plan commission may be changed by a similar ordinance adopted by the legislative body of each unit that is a participant in a planning department or by the legislative body of each unit that proposes to form a planning department.
(b) AREA. Each ordinance adopted under this section must provide for at least one (1) representative from each unit that is a participant in the planning department.
[Pre-Local Government Recodification Citations: 18-7-4-211; 18-7-4-8.5; 18-7-4-11.5.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-212. Membership of Commission; Certification

Sec. 212. ADVISORY. The clerk of the municipal legislative body and the secretary of the park board shall certify members appointed by their respective bodies, and the executive shall certify the executive's appointments. The certificates shall be sent to and made a part of the records of the municipal plan commission.
[Pre-Local Government Recodification Citations: 18-7-4-212; 18-7-5-8.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.127-2017, SEC.170.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-213. Membership of Commission; Advisory Members

Sec. 213. ADVISORY. If a municipality having a municipal plan commission is located in a county that has a county plan commission:
(1) a designated representative of the county plan commission shall serve as an advisory member of the municipal plan commission; and
(2) a designated representative of the municipal plan commission shall serve as an advisory member of the county plan commission.
Each advisory member has all the privileges of membership, except the right to vote.
[Pre-Local Government Recodification Citations: 18-7-4-213; 18-7-5-16.]
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 › 36-7-4-214. Membership of Commission; Additional Members Required for Unincorporated Jurisdictional Area

Sec. 214. (a) ADVISORY. When a municipal plan commission exercises jurisdiction outside the incorporated area of the municipality as provided for in section 205 of the advisory planning law, the executive of the county in which the unincorporated area is located shall appoint two (2) additional citizen members to the municipal plan commission. The citizen members must:
(1) be residents of:
(A) the unincorporated area; or
(B) the county, and must also be owners of real property located in whole or in part within the unincorporated area; and
(2) not be of the same political party.
However, at least one (1) of the members must be a resident of the unincorporated area.
(b) ADVISORY. Initially, one (1) member under subsection (a) shall be appointed for a term of one (1) year and the other for a term of four (4) years. Thereafter, each appointment is for a term of four (4) years. The additional citizen members are entitled to participate and vote in all deliberations of the municipal plan commission.
(c) ADVISORY. If the unincorporated area referred to in subsection (a) lies in two (2) counties, the executive of each of those counties shall appoint one (1) of the additional citizen members. The executive of the county having the larger proportion of the unincorporated area shall appoint its member first, and the executive of the other county shall then appoint its member, who must not be of the same political party.
[Pre-Local Government Recodification Citations: 18-7-4-214; 18-7-5-35.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.7-1983, SEC.37; P.L.220-1986, SEC.8; P.L.126-2011, SEC.9; P.L.6-2012, SEC.242.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-215. Membership of Commission; Additional Members Allowed for Unincorporated Jurisdictional Area

Sec. 215. ADVISORY. In addition to the requirements of section 214 of this chapter, the executive of the county may also appoint as members of a town plan commission additional representatives from the unincorporated jurisdictional area, if the executive believes the additional representation is justifiable. The number of appointments shall be determined as follows:
(1) Two (2) citizen members, if the population of the jurisdictional area appears to be at least fifty percent (50%) but not more than one hundred percent (100%) of the population of the town itself.
(2) Four (4) citizen members, if the population of the jurisdictional area appears to be greater than that of the town itself.
These additional members must have the same qualifications and are entitled to the same terms and privileges as prescribed for the additional members appointed under section 214 of this chapter.
[Pre-Local Government Recodification Citations: 18-7-4-215; 18-7-5-36.]
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.7-1983, SEC.38.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-216. Membership of Commission; Qualifications of Citizen Members

Sec. 216. (a) Each citizen member shall be appointed because of the member's knowledge and experience in community affairs, the member's awareness of the social, economic, agricultural, and industrial problems of the area, and the member's interest in the development and integration of the area.
(b) A citizen member may not hold:
(1) an elected office (as defined in IC 3-5-2-17); or
(2) any other appointed office in municipal, county, or state government;
except for membership on the board of zoning appeals as required by section 902 of this chapter and, in the case of an area plan commission, membership on the body from which the member must be appointed under this series.
(c) Subject to subsection (d), a citizen member must meet one (1) of the following requirements:
(1) The member must be a resident of the jurisdictional area of the plan commission. The member may also be required by statute to reside within an unincorporated area of the jurisdictional area of the plan commission.
(2) The member must be a resident of the county and also an owner of real property located in whole or in part in the jurisdictional area of the plan commission. The member may also be required by statute to own real property within an unincorporated area of the jurisdictional area of the plan commission.
(d) At least a majority of the total number of citizen members appointed to a plan commission must be residents of the jurisdictional area of the plan commission. The commission shall determine whether a citizen member meets all applicable residency requirements for appointment in accordance with uniform rules prescribed by the commission.
[Pre-Local Government Recodification Citations: 18-4-8-8 part; 18-7-2-7; 18-7-4-216; 18-7-4-13; 18-7-5-9; 18-7-5-13.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.10; P.L.2-1989, SEC.25; P.L.126-2011, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-217. Membership of Commission; Term of Certain Appointees

Sec. 217. ADVISORY─AREA. The term of office of a member (who is appointed from the membership of a legislative body, a park board, or the advisory council on town affairs) is coextensive with the member's term of office on that body, board, or council, unless that body, board, or council appoints, at its first regular meeting in any year, another to serve as its representative.
[Pre-Local Government Recodification Citations: 18-7-4-217; 18-7-4-12; 18-7-5-7 part; 18-7-5-12 part.]
As added by Acts 1981, P.L.309, SEC.23.