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.
Structure Indiana Code
Article 7. Planning and Development
Chapter 4. Local Planning and Zoning
36-7-4-0.1. Application of Certain Amendments to Chapter
36-7-4-100. 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
36-7-4-106. 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
36-7-4-201.1. 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
36-7-4-206. 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
36-7-4-216. 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
36-7-4-220. Membership of Commission; Vacancies; Appointment of Alternate Members
36-7-4-222. Membership of Commission; Expenses
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
36-7-4-403.5. Duties; Powers; Combined Hearing Procedure
36-7-4-404. Power to Sue and Be Sued; Costs
36-7-4-405.5. Conversion of Rural Route Addresses
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
36-7-4-500. 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
36-7-4-504.5. Comprehensive Plan; Township Advisory Committee
36-7-4-505. Comprehensive Plan; Requests for Related Information
36-7-4-507. Comprehensive Plan; Notice and Hearings Before Adoption
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
36-7-4-605. Certification of Proposed Ordinance or Zone Map Change
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
36-7-4-608.7. 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
36-7-4-612. Zoning Ordinance; Effect of Prior Ordinances
36-7-4-616. Zoning Ordinance; Agricultural Nonconforming Use
36-7-4-700. 700 Series—subdivision Control
36-7-4-701. Subdivision Control Ordinance
36-7-4-703. 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
36-7-4-711. Vacation of Plats; Alternate Procedure; Petition; Notice and Hearing
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
36-7-4-900. 900 Series—board of Zoning Appeals
36-7-4-902. Board of Zoning Appeals; Members; Number; Appointment
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
36-7-4-909. 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
36-7-4-918.1. 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
36-7-4-919. Board of Zoning Appeals; Appeal to Board; Grounds; Record; Decision
36-7-4-923. Alternate Procedure for Expedient Disposition of Petitions; Hearing Officers
36-7-4-1000. 1000 Series—remedies and Enforcement
36-7-4-1002. Remedies and Enforcement; Stay Order
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
36-7-4-1020. 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
36-7-4-1105. Miscellaneous Provisions; Setting Aside Memorials or Monuments
36-7-4-1108. Child Care Home Used as Primary Residence of Care Home Operator; Zoning Restrictions
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
36-7-4-1210.6. 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
36-7-4-1323. Fee Due Date; Proration; Repeal or Lapse of Ordinance
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
36-7-4-1331. Infrastructure Construction
36-7-4-1332. Impact Fee Refunds
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
36-7-4-1508. 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
36-7-4-1604. 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
36-7-4-1609. 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
36-7-4-1614. Burden of Demonstrating Invalidity of Zoning Decision; Grounds for Relief