Indiana Code
Chapter 4. Local Planning and Zoning
36-7-4-1600. 1600 Series-Judicial Review

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 Repealed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