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