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 Repealed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 Repealed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
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 on proposal to amend or partially repeal ordinance
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
36-7-4-917. 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; procedures for appeal to metropolitan development commission
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. Remedies and enforcement; nonconforming use or variance; burden of proof
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
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
36-7-4-1110. Expired
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 certain counties
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