Indiana Code
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

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

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

36-7-4-0.4. Legalization of Acts of Certain Plan Commissions Taken After September 30, 1999, and Before March 16, 2000

36-7-4-100. 100 Series—applicability and Rules of Construction

36-7-4-101. "Advisory Planning Law" Defined

36-7-4-102. "Area Planning Law" Defined

36-7-4-103. "Metropolitan Development Law" Defined

36-7-4-104. "Series" Defined

36-7-4-105. Repealed

36-7-4-106. Prior Law Construed

36-7-4-107. Reorganized Units; Exercise of Powers by Resolution

36-7-4-200. 200 Series—establishment and Membership of Commission

36-7-4-201. Manner of Exercising Planning and Zoning Powers; Purpose; Countywide Planning and Zoning Entities; County Containing Consolidated City

36-7-4-201.1. Zoning Ordinances; Satellite Receiver Antennas and Other Types of Antennas

36-7-4-202. Establishment; Authorization

36-7-4-202.5. Reorganized Units; Adoption of Advisory Plan Commission

36-7-4-203. Establishment; Exercise of Planning and Zoning Authority

36-7-4-204. Establishment; Participation by Other Municipalities Within County

36-7-4-205. Establishment; Extent of Territorial Authority of Comprehensive Plan; Inclusion of Contiguous Unincorporated Area; Fire Protection Territories; Incorporation of New Towns in County

36-7-4-206. Establishment; Extent of Territorial Authority of Nonparticipating Municipality

36-7-4-207. Membership of Commission; Nonvoting Adviser

36-7-4-208. Membership of Commission; County and Metropolitan Numbers

36-7-4-209. Membership of Commission; Representatives for a Municipality; Numbers; Appointments

36-7-4-210. Membership of Commission; Advisory Council on Town Affairs

36-7-4-211. Membership of Commission; Changes

36-7-4-212. Membership of Commission; Certification

36-7-4-213. Membership of Commission; Advisory Members

36-7-4-214. Membership of Commission; Additional Members Required for Unincorporated Jurisdictional Area

36-7-4-215. Membership of Commission; Additional Members Allowed for Unincorporated Jurisdictional Area

36-7-4-216. Membership of Commission; Qualifications of Citizen Members

36-7-4-217. Membership of Commission; Term of Certain Appointees

36-7-4-218. Membership of Commission; Terms and Removal of Citizen Members

36-7-4-219. Repealed

36-7-4-220. Membership of Commission; Vacancies; Appointment of Alternate Members

36-7-4-221. Repealed

36-7-4-222. Membership of Commission; Expenses

36-7-4-222.5. Plan Commission Members Belonging to County Executive or Fiscal Bodies; Mileage and Compensation

36-7-4-223. Membership of Commission; Conflict of Interest; Disqualification

36-7-4-300. 300 Series—organization of Commission

36-7-4-301. Organization; Quorum

36-7-4-302. Organization; Official Action

36-7-4-303. Organization; President and Vice President

36-7-4-304. Organization; Secretary

36-7-4-305. Organization; Offices and Property

36-7-4-306. Organization; Regular Meetings and Minutes

36-7-4-307. Organization; Special Meetings

36-7-4-308. Organization; Appropriations

36-7-4-309. Organization; Expenditures

36-7-4-310. Organization; Gifts and Grants

36-7-4-311. Organization; Staff and Services; Executive Director; Compensation

36-7-4-312. Organization; Duties of Executive Director

36-7-4-400. 400 Series—duties and Powers of Commission

36-7-4-401. Duties; Advisory Planning; Area Planning

36-7-4-402. Duties; Employees; Hearings

36-7-4-403. Repealed

36-7-4-403.5. Duties; Powers; Combined Hearing Procedure

36-7-4-404. Power to Sue and Be Sued; Costs

36-7-4-405. Duties of Plan Commission; Street Names and Numbers; Areas Not Subject to Plan Commission; Notice; Development Plans

36-7-4-405.5. Conversion of Rural Route Addresses

36-7-4-406. Repealed

36-7-4-407. Duties; Powers; Advisory Citizens' Committees

36-7-4-408. Powers; Executive Committee

36-7-4-409. Powers; Grants-in-Aid

36-7-4-410. Powers; County-Municipal Plan Commission

36-7-4-411. Powers; Fees

36-7-4-500. 500 Series—comprehensive Plan

36-7-4-501. Comprehensive Plan; Requirement; Approval; Purpose

36-7-4-502. Comprehensive Plan; Contents

36-7-4-503. Comprehensive Plan; Additional Contents

36-7-4-504. Comprehensive Plan; Consideration of Policy and Pattern; Validation, Continuance, and Consolidation of Preexisting Plans

36-7-4-504.5. Comprehensive Plan; Township Advisory Committee

36-7-4-505. Comprehensive Plan; Requests for Related Information

36-7-4-506. Thoroughfare Plans Included in Comprehensive Plans; Location, Change, Vacation, or Improvement of Thoroughfares

36-7-4-507. Comprehensive Plan; Notice and Hearings Before Adoption

36-7-4-508. Comprehensive Plan; Adoption; Certification; Plan and Summary Availability for Inspection; Legalization of Certain Comprehensive Plans

36-7-4-509. Comprehensive Plan; Legislative Approval, Rejection, or Amendment

36-7-4-510. Comprehensive Plan; Procedure Following Legislative Rejection or Amendment

36-7-4-511. Comprehensive Plan; Amendment Approval; Preparation and Submission of Amendments

36-7-4-512. Comprehensive Plan; Capital Improvement Projects

36-7-4-600. 600 Series—zoning Ordinance

36-7-4-601. Zoning Ordinance; Powers and Duties of Legislative Body

36-7-4-602. Zoning Ordinance; Procedures for Adoption of Ordinances, Amendments, and Map Changes

36-7-4-603. Zoning Ordinance; Preparation and Consideration of Proposals

36-7-4-604. Zoning Ordinance; Notice and Hearing Before Certification of Proposed Ordinance; Prohibited Communications

36-7-4-605. Certification of Proposed Ordinance or Zone Map Change

36-7-4-606. Zoning Ordinance; Procedure on Proposal to Adopt Initial or Replacement Ordinance for a Jurisdiction

36-7-4-607. Zoning Ordinance; Procedure for Proposal to Amend or Partially Repeal Text

36-7-4-608. Zoning Ordinance; Procedure for Changing Zoning Maps

36-7-4-608.5. Repealed

36-7-4-608.7. Zoning Ordinance; Alternate Procedure for Changing Zone Maps

36-7-4-609. Zoning Ordinances; Vote Required for Action by Legislative Body; Veto of City Ordinances

36-7-4-610. Zoning Ordinance; Notice of Adoption; Printing; Presumption; Effective Date; Copies

36-7-4-610.5. Proposed Changes in Zone Maps

36-7-4-611. Zoning Ordinance; Due Deliberation Presumption; Effectiveness Within Jurisdiction of Adopting Legislative Body

36-7-4-612. Zoning Ordinance; Effect of Prior Ordinances

36-7-4-613. Repealed

36-7-4-614. Repealed

36-7-4-615. Repealed

36-7-4-616. Zoning Ordinance; Agricultural Nonconforming Use

36-7-4-700. 700 Series—subdivision Control

36-7-4-701. Subdivision Control Ordinance

36-7-4-702. Subdivision Control; Primary Approval of Plat; Standards of Ordinance; Requisites; Compliance

36-7-4-703. Subdivision Control; Application for Approval of Plat; Procedure

36-7-4-704. Subdivision Control; Fees; Uniform Schedule; Payment

36-7-4-705. Subdivision Control; Primary Approval of Plat; Review of Application; Hearing Date

36-7-4-706. Subdivision Control; Application for Primary Approval; Notice of Hearing

36-7-4-707. Subdivision Control; Primary Approval of Plat; Findings and Decision

36-7-4-708. Subdivision Control; Primary Approval or Disapproval of Plat; Appeal to Plan Commission; Procedure; Review

36-7-4-709. Subdivision Control; Secondary Approval of Plat; Determining Completion of Improvements and Installations; Conditions for Performance Bonds; Release and Partial Release of Bond or Surety

36-7-4-710. Subdivision Control; Secondary Approval of Plat; Authority to Grant; Time; Prerequisites for Legal Effect of Plat

36-7-4-711. Vacation of Plats; Alternate Procedure; Petition; Notice and Hearing

36-7-4-712. Plat Committee; Exclusive Control Over Vacation of Plats or Public Ways; Rules; Public Interest; Appeals

36-7-4-713. Repealed

36-7-4-714. Determination Required to Vacate Recorded Covenant Filed With Plat

36-7-4-715. Final Decisions of Plan Commission Subject to Review

36-7-4-800. 800 Series—improvement Location Permit

36-7-4-801. Improvement Location Permit; Requirement

36-7-4-802. Improvement Location Permit; Authority to Issue

36-7-4-803. Bonds of Contractors, Engineers, and Surveyors; Enforcement of Zoning or Subdivision Ordinance

36-7-4-804. Improvement Location or Building Permit; Eligibility; Violations of Zoning or Subdivision Ordinance; Hearing

36-7-4-900. 900 Series—board of Zoning Appeals

36-7-4-901. Board of Zoning Appeals; Establishment; Divisions; Jurisdiction; Continuation of Certain Boards

36-7-4-901.5. Reorganized Units; Board of Zoning Appeals Required if Advisory Plan Commission Established

36-7-4-902. Board of Zoning Appeals; Members; Number; Appointment

36-7-4-903. Board of Zoning Appeals; Additional Division or Member Required for Unincorporated Jurisdictional Area

36-7-4-904. Repealed

36-7-4-905. Board of Zoning Appeals; Membership; Restrictions

36-7-4-906. Board of Zoning Appeals; Members; Terms; Removal

36-7-4-907. Board of Zoning Appeals; Members; Vacancies

36-7-4-908. Repealed

36-7-4-909. Board of Zoning Appeals; Members; Conflict of Interest; Disqualification

36-7-4-910. Board of Zoning Appeals; Quorum

36-7-4-911. Board of Zoning Appeals; Official Action

36-7-4-912. Board of Zoning Appeals; Chair and Vice Chair

36-7-4-913. Board of Zoning Appeals; Secretary and Employees

36-7-4-914. Board of Zoning Appeals; Facilities

36-7-4-915. Board of Zoning Appeals; Minutes and Records

36-7-4-916. Board of Zoning Appeals; Rules

36-7-4-916.5. Allocation of Cases Between Divisions

36-7-4-917. Board of Zoning Appeals; Appropriations

36-7-4-918. Repealed

36-7-4-918.1. Board of Zoning Appeals; Review of Orders, Requirements, Decisions, or Determinations

36-7-4-918.2. Board of Zoning Appeals; Special Exceptions and Certain Uses; Approval or Denial

36-7-4-918.3. Board of Zoning Appeals; Variance From Use District or Classification

36-7-4-918.4. Board of Zoning Appeals; Variance of Use

36-7-4-918.5. Board of Zoning Appeals; Variance From Development Standards

36-7-4-918.6. Board of Zoning Appeals in Certain Counties; Special Exceptions, Uses, and Variances

36-7-4-918.8. Board of Zoning Appeals; Metropolitan Development Commission; Exercise of Powers; Variances, Exceptions, or Uses

36-7-4-919. Board of Zoning Appeals; Appeal to Board; Grounds; Record; Decision

36-7-4-920. Board of Zoning Appeals, Hearing on Administrative Appeals, Exceptions, Uses, and Variances; Notice; Appearance

36-7-4-921. Repealed

36-7-4-922. Board of Zoning Appeals; Appeal to Metropolitan Development Commission or Excluded City Legislative Body

36-7-4-923. Alternate Procedure for Expedient Disposition of Petitions; Hearing Officers

36-7-4-924. Alternate Procedure for Disposition of Petitions or Applications; Objections; Commitments; Appeals

36-7-4-1000. 1000 Series—remedies and Enforcement

36-7-4-1001. Remedies and Enforcement; Stay of Proceedings and Work on Premises Affected Pending Appeal to Board of Zoning Appeals

36-7-4-1002. Remedies and Enforcement; Stay Order

36-7-4-1003. Judicial Review

36-7-4-1004. Repealed

36-7-4-1005. Repealed

36-7-4-1006. Repealed

36-7-4-1007. Repealed

36-7-4-1008. Repealed

36-7-4-1009. Repealed

36-7-4-1010. Repealed

36-7-4-1011. Repealed

36-7-4-1012. Remedies and Enforcement; Violation as Common Nuisance

36-7-4-1013. Remedies and Enforcement; Prosecution; Attorneys

36-7-4-1014. Remedies and Enforcement; Allowable Actions

36-7-4-1015. Commitments; Enforcement

36-7-4-1016. Judicial Review of Zoning Decisions

36-7-4-1017. Remedies and Enforcement; Status of Structures Erected in Violation

36-7-4-1018. Violations; Penalties; Ordinances

36-7-4-1019. Reconstruction, Repair, Renovation, or Replacement of Structure Within Mobile Home Community Permitted Without Loss of Status as Legal, Nonconforming Structure or Use

36-7-4-1020. Ordinances; Presumption of Validity; Official Notice

36-7-4-1100. 1100 Series—miscellaneous Provisions

36-7-4-1101. Miscellaneous Provisions; Application

36-7-4-1102. Miscellaneous Provisions; Supplemental Nature of Planning Law

36-7-4-1103. Miscellaneous Provisions; Use and Alienation of Mineral Resources and Forests Outside Urban Areas

36-7-4-1104. Miscellaneous Provisions; No Effect on Eminent Domain by State, State Agency, or Indiana Finance Authority

36-7-4-1105. Miscellaneous Provisions; Setting Aside Memorials or Monuments

36-7-4-1106. Miscellaneous Provisions; Comprehensive Plans and Ordinances; Standards and Requirements; Manufactured Homes; Aesthetic Standards for Certain Manufactured Homes

36-7-4-1107. Children's Home

36-7-4-1108. Child Care Home Used as Primary Residence of Care Home Operator; Zoning Restrictions

36-7-4-1109. Approval of Permit, Plat, Plan, Use, or Exception; Applicability of Local or State Law While Approval Pending; Incorporation of Statutory Provision in Sign Regulations

36-7-4-1111. Computation of Time

36-7-4-1200. 1200 Series—township Joinder

36-7-4-1201. Township Joinder; Conditions

36-7-4-1202. Township Joinder; Additional Conditions

36-7-4-1203. Township Joinder; Filing of Petition; Hearing; Notice; Remonstrance

36-7-4-1204. Township Joinder; Consideration of Petition

36-7-4-1205. Township Joinder; Choice of Municipality for Joinder

36-7-4-1206. Township Joinder; Limitations on Choice of Municipality

36-7-4-1207. Township Joinder; Joinder With County or Municipality in Other County

36-7-4-1208. Township Joinder; Planning and Zoning Jurisdiction

36-7-4-1209. Township Joinder; Planning and Zoning Cost

36-7-4-1210. Township Joinder; Membership of Township on Advisory Plan Commission

36-7-4-1210.5. Township Joinder; Membership of Certain Townships on Advisory Plan Commission in Hamilton County

36-7-4-1210.6. Plan Commission Created by Joinder Agreement; Vacancies

36-7-4-1211. Township Joinder; Collection of Fees

36-7-4-1212. Township Joinder; Withdrawal of Township; Conditions; Procedure

36-7-4-1213. Township Joinder; Authorization

36-7-4-1300. 1300 Series—impact Fees

36-7-4-1301. "Community Level of Service" Defined

36-7-4-1302. "Current Level of Service" Defined

36-7-4-1303. "Development" Defined

36-7-4-1304. "Fee Payer" and "Person" Defined

36-7-4-1305. "Impact Fee" and "Capital Costs" Defined

36-7-4-1306. "Impact Fee Ordinance" Defined

36-7-4-1307. "Impact Zone" Defined

36-7-4-1308. "Infrastructure" Defined

36-7-4-1309. "Infrastructure Type" Defined

36-7-4-1310. "Infrastructure Agency" Defined

36-7-4-1311. Ordinance; Jurisdiction to Adopt; Impact Fees and Other Charges

36-7-4-1312. Ordinance; Prerequisites to Adoption

36-7-4-1313. Other Permissible Fees and Charges of Adopting Unit

36-7-4-1314. Ordinance; Application

36-7-4-1315. Ordinance; Establishment of Impact Zones

36-7-4-1316. Impact Zones; Geographical Area

36-7-4-1317. Ordinance; Identification of Responsible Infrastructure Agency

36-7-4-1318. Ordinance; Zone Improvement Plan Preparation; Contents of Plan

36-7-4-1319. Amendment to Ordinance or Zone Improvement Plan

36-7-4-1320. Ordinance; Fee Schedule and Formula

36-7-4-1321. Fee Schedule or Formula; Requirements; Limitations

36-7-4-1322. Fee Assessment Date; Increase or Decrease in Fees; Developments Against Which Fees May Not Be Assessed; Existing Contracts

36-7-4-1323. Fee Due Date; Proration; Repeal or Lapse of Ordinance

36-7-4-1324. Ordinance; Installment Payment Plan; Fee Upon Permit Issuance; Interest; Penalty for Late Payment

36-7-4-1325. Collection of Unpaid Fees; Lien; Receipt for Payments

36-7-4-1326. Ordinance; Special Reduced Rates for Affordable Housing Development

36-7-4-1327. Fee Reduction; Appeal Procedures

36-7-4-1328. Fee Reduction; Complementary Payment by Granting Unit

36-7-4-1329. Fund for Impact Fee Collections; Establishment; Management; Reports

36-7-4-1330. Use of Fees

36-7-4-1331. Infrastructure Construction

36-7-4-1332. Impact Fee Refunds

36-7-4-1333. Impact Fees; Appeal of Amount Before Impact Review Board; Judicial Review; Effect on Pending Fee Payments

36-7-4-1334. Ordinance; Appeal Provision for Amount of Fees

36-7-4-1335. Fee Payer Credits; Infrastructure or Improvements; Amount of Credit

36-7-4-1336. Fee Payer Credits; Petition to Determine Amount; Proceeding Before Impact Review Board

36-7-4-1337. Ordinance; Allocation of Credits to Fee Payer Provisions

36-7-4-1338. Impact Fee Review Board; Membership; Powers and Duties

36-7-4-1339. Declaratory Relief; Challenge of Ordinance

36-7-4-1340. Ordinance; Effective Date; Duration; Replacement

36-7-4-1341. Delay of New Development Pending Fee Process

36-7-4-1342. Application of 1300 Series to Certain Towns; Expiration of Provision

36-7-4-1400. 1400 Series—development Plans; Application of Certain Amendments to Chapter

36-7-4-1401. "Development Requirement" Defined

36-7-4-1401.5. Power of Legislative Body to Designate Zoning Districts Where Plan Required

36-7-4-1402. Designation by Zoning Ordinance

36-7-4-1403. Requisites of Zoning Ordinance

36-7-4-1404. Review and Appeal

36-7-4-1405. Powers and Duties of Plan Commission

36-7-4-1406. Written Findings Constitute Final Decision

36-7-4-1500. 1500 Series—planned Unit Development

36-7-4-1501. "Development Requirement" Defined

36-7-4-1502. "Planned Unit Development District" Defined

36-7-4-1503. "Pud District Ordinance" Defined

36-7-4-1504. Zoning Ordinances

36-7-4-1505. Real Property Zoned by Pud District Ordinance

36-7-4-1506. Text Amendment

36-7-4-1507. Legislative Act

36-7-4-1508. Use of Other Authorized Requirements

36-7-4-1509. Requirements of District Ordinance

36-7-4-1510. Written Text, Plan, or Other Drawing Allowed

36-7-4-1511. Power of Legislative Body to Delegate Authority

36-7-4-1512. Power of Legislative Body to Adopt or Amend Ordinance

36-7-4-1513. Platting Procedure

36-7-4-1600. 1600 Series-Judicial Review

36-7-4-1601. Exclusive Means for Judicial Review of Zoning Decisions

36-7-4-1602. Initiation of Judicial Review; Required Showing

36-7-4-1603. Standing

36-7-4-1604. Exhaustion of Remedies

36-7-4-1605. Timeliness of Petition for Review

36-7-4-1606. Venue; Rules of Procedure; Parties; Motion to Intervene

36-7-4-1607. Petition for Review; Requirements

36-7-4-1608. Notice

36-7-4-1609. Petition for Order Staying Zoning Decision Pending Review

36-7-4-1610. Review of Issue Not Previously Raised

36-7-4-1611. Review of Facts Confined to Record

36-7-4-1612. Additional Evidence; Remand for Additional Factfinding or Preparation of Adequate Record

36-7-4-1613. Transmission of Board Record to Court; Extension of Time to File Record; Cost of Copies and Transcripts

36-7-4-1614. Burden of Demonstrating Invalidity of Zoning Decision; Grounds for Relief

36-7-4-1615. Finding of Prejudice; Judicial Action

36-7-4-1616. Appeal of Court's Decision