Sec. 801. (a) ADVISORY. A structure may not be located and an improvement location permit for a structure on platted or unplatted land may not be issued unless the structure and its location conform to the municipal zoning ordinance. However, if the land is unincorporated land that lies within a county that has adopted a zoning ordinance, then the municipal zoning ordinance does not apply and the structure must conform to the county zoning ordinance. A municipality, having adopted a zoning ordinance, may issue and control improvement location permits on unincorporated lands within the jurisdiction of its municipal plan commission if the lands lie within a county that has not adopted a zoning ordinance.

(b) AREA─METRO. A zoning ordinance, a subdivision ordinance, or a separate ordinance may require the procurement of:

(1) an improvement location permit for the erection, alteration, or repair of any structure on platted or unplatted land; and

(2) an occupancy permit for the use of any structure or land regulated by a zoning ordinance, subdivision ordinance, thoroughfare ordinance, or other ordinance relating to land use.

If such a provision is adopted, a structure may not be located and a permit may not be issued unless the use, character, and location of the structure is in conformity with the applicable ordinance.

(c) AREA. The ordinance under subsection (b) must contain a schedule of fees and must provide that the unit that issues the permit shall receive the fee and pay it into its general fund.

[Pre-Local Government Recodification Citations: 18-7-2-57 part; 18-7-4-801; 18-7-4-63 part; 18-7-5-55; 18-7-5-56 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.25.