Title 36, LOCAL GOVERNMENT

Sec. 1404. (a) If a zoning ordinance designates a zoning district under section 1401.5(a) of this chapter and authority is delegated under section 1402(c) of this chapter, the zoning ordinance must describe the following: (1) The duties of the plan commission staff, hearing exami…

Sec. 1405. (a) The plan commission shall review a development plan to determine if the development plan: (1) is consistent with the comprehensive plan; and (2) satisfies the development requirements specified in the zoning ordinance under sections 1402 and 1403 of this chapter. (…

Sec. 1406. (a) A plan commission shall make written findings concerning each decision to approve or disapprove a development plan. The zoning ordinance must designate an official who is responsible for signing written findings of the plan commission. (b) Except as provided in sec…

Sec. 1500. This series (sections 1500 through 1599 of this chapter) may be cited as follows: 1500 SERIES)PLANNED UNIT DEVELOPMENT. As added by P.L.320-1995, SEC.30.

Sec. 1501. As used in this series, "development requirement" means a requirement: (1) for development of real property in a planned unit development district that must be met; and (2) that conforms to section 1508 of this chapter. As added by P.L.320-1995, SEC.31.

Sec. 1502. As used in this series, "planned unit development district" means a zoning district for which a PUD district ordinance must be adopted under this series. As added by P.L.320-1995, SEC.32.

Sec. 1503. As used in this series, "PUD district ordinance" means a zoning ordinance that does the following: (1) Designates a parcel of real property as a planned unit development district. (2) Specifies uses or a range of uses permitted in the planned unit development district.…

Sec. 1504. (a) A zoning ordinance may provide for and regulate planned unit development. (b) A zoning ordinance that provides for and regulates planned unit development must meet the requirements of this series. (c) A zoning ordinance that meets the requirements of this series is…

Sec. 1505. (a) A planned unit development is allowed only for real property zoned to be a planned unit development district. (b) A planned unit development district is established by the adoption of a PUD district ordinance. (c) Except as provided in section 1511 of this chapter,…

Sec. 1506. Before a PUD district ordinance may be adopted, a text amendment to the zoning ordinance must be adopted. The text amendment must do all of the following: (1) Specify any limitation on planned unit development in the jurisdiction. (2) Specify standards, requirements, a…

Sec. 1507. The adoption and amendment of a PUD district ordinance is a legislative act. As added by P.L.320-1995, SEC.37.

Sec. 1508. Development requirements specified in a PUD district ordinance may: (1) use requirements, restrictions, provisions, and standards authorized under section 601(d)(2) of this chapter; and (2) specify development requirements authorized under section 1403 of this chapter.…

Sec. 1509. (a) A PUD district ordinance must do one (1) of the following with respect to all, or each different part, of a planned unit development: (1) Express in general terms the development requirements that apply. (2) Express in detailed terms the development requirements th…

Sec. 1510. A PUD district ordinance may employ: (1) written text; (2) a plan or other drawing; or (3) any combination of the items listed in this section; in specifying the permitted uses and development requirements that apply to a planned unit development district. As added by …

Sec. 1511. (a) The legislative body may, in the zoning ordinance, delegate authority to conduct secondary review of a PUD district ordinance under section 1509(c) of this chapter. (b) The legislative body may, in the zoning ordinance, delegate authority to modify permitted uses o…

Sec. 1512. (a) When adopting or amending a PUD district ordinance, the legislative body of a unit may do the following: (1) Impose reasonable conditions on a proposed planned unit development. (2) Condition issuance of an improvement location permit on the furnishing of a bond or…

Sec. 1513. The procedure for platting a parcel of real property that is zoned as a planned unit development district under this series is the same as the procedure described in the 700 series of this chapter for other platting. As added by P.L.320-1995, SEC.43.

Sec. 1600. This series (sections 1600 through 1699 of this chapter) may be cited as follows: 1600 SERIES)JUDICIAL REVIEW. As added by P.L.126-2011, SEC.47.

Sec. 1601. (a) This series establishes the exclusive means for judicial review of zoning decisions as described in section 1003 or 1016 of this chapter, made by a board of zoning appeals, legislative body, plan commission, preservation commission, or zoning administrator (referre…

Sec. 1602. (a) Judicial review of a zoning decision is initiated by filing a petition for review in the appropriate court. (b) Only a person who qualifies under: (1) section 1603 of this chapter concerning standing; (2) section 1604 of this chapter concerning exhaustion of admini…

Sec. 1603. (a) The following have standing to obtain judicial review of a zoning decision: (1) A person to whom the zoning decision is specifically directed. (2) A person aggrieved by the zoning decision who participated in the board hearing that led to the decision, either: (A) …

Sec. 1604. (a) A person may file a petition for judicial review under this chapter only after exhausting all administrative remedies available within the board whose zoning decision is being challenged. (b) A person who fails to timely object to a zoning decision or timely petiti…

Sec. 1605. A petition for review is timely only if the petition for review is filed not later than thirty (30) days after the date of the zoning decision that is the subject of the petition for judicial review. As added by P.L.126-2011, SEC.52.

Sec. 1606. (a) Venue is in the judicial district where the land affected by the zoning decision is located. (b) If more than one (1) person may be aggrieved by the zoning decision, only one (1) proceeding for review may be had, and the court in which a petition for review is firs…

Sec. 1607. (a) A petition for review must be filed with the clerk of the court. (b) A petition for review must be verified and set forth the following: (1) The name and mailing address of the petitioner. (2) The name and mailing address of the board whose zoning decision is at is…

Sec. 1608. (a) A petitioner for judicial review shall serve a copy of the petition upon the board making the zoning decision in the manner provided by the rules of procedure governing civil actions in the courts. Service on the board must be made to the secretary, president, or c…

Sec. 1609. (a) A person seeking judicial review may seek, by filing a verified petition, an order of the court staying the zoning decision pending review by the court. The court may enter an order staying the zoning decision pending a final determination if: (1) the court finds t…

Sec. 1610. A person may obtain judicial review of an issue that was not raised before the board, only to the extent that: (1) the issue concerns whether a person who was required to be notified by this chapter or other law of a board hearing was notified in substantial compliance…

Sec. 1611. Judicial review of disputed issues of fact must be confined to the board record for the zoning decision supplemented by additional evidence taken under section 1612 of this chapter. The court may not try the cause de novo or substitute its judgment for that of the boar…

Sec. 1612. (a) The court may receive evidence, in addition to that contained in the board record for judicial review, only if the evidence relates to the validity of the zoning decision at the time the decision was made and is needed to decide disputed issues regarding one (1) or…

Sec. 1613. (a) Within thirty (30) days after the filing of the petition, or within further time allowed by the court, the petitioner shall transmit to the court the original or a certified copy of the board record for judicial review of the zoning decision, consisting of: (1) any…

Sec. 1614. (a) The burden of demonstrating the invalidity of a zoning decision is on the party to the judicial review proceeding asserting invalidity. (b) The validity of a zoning decision shall be determined in accordance with the standards of review provided in this section, as…

Sec. 1615. If the court finds that a person has been prejudiced under section 1614 of this chapter, the court may set aside a zoning decision and: (1) remand the case to the board for further proceedings; or (2) compel a decision that has been unreasonably delayed or unlawfully w…

Sec. 1616. The court's decision on a petition for review of a zoning decision is appealable in accordance with the rules governing civil appeals from the courts. As added by P.L.126-2011, SEC.63.

Sec. 200. This series (sections 200 through 299 of this chapter) may be cited as follows: 200 SERIES)COMMISSION ESTABLISHMENT AND MEMBERSHIP. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.23.

Sec. 201. (a) For purposes of IC 36-1-3-6, a unit wanting to exercise planning and zoning powers in Indiana, including the issuance of permits under IC 8-1-32.3 (except as otherwise provided in IC 8-1-32.3), must do so in the manner provided by this chapter. (b) The purpose of th…

Sec. 201.1. A local zoning ordinance that addresses a satellite receiver antenna and another type of antenna is void unless the zoning ordinance: (1) has a reasonable and clearly defined health, safety, or aesthetic objective; (2) does not: (A) impose an unreasonable restriction …

Sec. 201.2. (a) This section applies to a political subdivision with local planning and zoning powers that: (1) is located within five (5) miles of the end of a runway of a publicly owned, public use airport that is classified as a primary, national, or regional airport by the Fe…

Sec. 201.4. (a) This section does not apply to development on a site that is located within an area that: (1) the department of natural resources has determined to be the watershed area of a reservoir; and (2) is a source of drinking water for a municipality. (b) As used in this …

Sec. 202. (a) ADVISORY. The legislative body of a county or municipality may establish by ordinance an advisory plan commission. In addition, in a county having a population of: (1) more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (18…

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…

Sec. 203. (a) ADVISORY. After a metropolitan plan commission is established, it shall exercise exclusively the planning and zoning functions of the county and of the second class city, and the separate planning and zoning functions of the county plan commission and the city plan …

Sec. 204. AREA. After the planning department is established, other municipalities within the county may adopt ordinances adopting the area planning law and provide for the appointment of their representatives to the area plan commission. In such a case, the membership of the com…

Sec. 205. (a) ADVISORY. A municipal plan commission shall adopt a comprehensive plan, as provided for under the 500 series of the advisory planning law, for the development of the municipality. (b) ADVISORY. For comprehensive plans that were initially adopted before July 1, 2019,…

Sec. 206. AREA. After the planning department is established, a nonparticipating municipality may not exercise planning and zoning powers outside its corporate boundaries. [Pre-Local Government Recodification Citations: 18-7-4-206; 18-7-4-6 part.] As added by Acts 1981, P.L.309, …

Sec. 207. (a) ADVISORY. In a city having a park board and a city civil engineer, the city plan commission consists of nine (9) members, as follows: (1) One (1) member appointed by the city legislative body from its membership. (2) One (1) member appointed by the park board. (3) O…