Title 36, LOCAL GOVERNMENT

Sec. 212. ADVISORY. The clerk of the municipal legislative body and the secretary of the park board shall certify members appointed by their respective bodies, and the executive shall certify the executive's appointments. The certificates shall be sent to and made a part of the r…

Sec. 213. ADVISORY. If a municipality having a municipal plan commission is located in a county that has a county plan commission: (1) a designated representative of the county plan commission shall serve as an advisory member of the municipal plan commission; and (2) a designate…

Sec. 214. (a) ADVISORY. When a municipal plan commission exercises jurisdiction outside the incorporated area of the municipality as provided for in section 205 of the advisory planning law, the executive of the county in which the unincorporated area is located shall appoint two…

Sec. 215. ADVISORY. In addition to the requirements of section 214 of this chapter, the executive of the county may also appoint as members of a town plan commission additional representatives from the unincorporated jurisdictional area, if the executive believes the additional r…

Sec. 216. (a) Each citizen member shall be appointed because of the member's knowledge and experience in community affairs, the member's awareness of the social, economic, agricultural, and industrial problems of the area, and the member's interest in the development and integrat…

Sec. 217. ADVISORY)AREA. The term of office of a member (who is appointed from the membership of a legislative body, a park board, or the advisory council on town affairs) is coextensive with the member's term of office on that body, board, or council, unless that body, board, or…

Sec. 218. (a) When an initial term of office of a citizen member expires, each new appointment of a citizen member is: (1) for a term of four (4) years (in the case of a municipal, county, or area plan commission); (2) for a term of three (3) years (in the case of a metropolitan …

Sec. 220. (a) If a vacancy occurs among the plan commission members who are appointed, then the appointing authority shall appoint a member for the unexpired term of the vacating member who meets the same requirements as the vacating member, including residency, not later than ni…

Sec. 222. If a plan commission determines that it is necessary or desirable for members or employees to join a professional organization or to attend a conference or interview dealing with planning or related problems, the commission may pay the applicable membership fees and all…

Sec. 222.5. Notwithstanding IC 36-2-7-2, a member of a county executive, a member of a county fiscal body, a county surveyor, or an appointee of a county surveyor who is also a member of a plan commission is entitled to receive the following: (1) A sum for mileage for each mile n…

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…

Sec. 300. This series (sections 300 through 399 of this chapter) may be cited as follows: 300 SERIES)COMMISSION ORGANIZATION. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.23.

Sec. 301. A quorum consists of a majority of the entire membership of the plan commission, who are qualified by this chapter to vote. [Pre-Local Government Recodification Citations: 18-7-2-13 part; 18-7-3-9 part; 18-7-4-301; 18-7-4-18 part; 18-7-5-19 part.] As added by Acts 1981,…

Sec. 302. (a) ADVISORY)AREA. Action of a plan commission is not official, unless it is authorized, at a regular or special meeting, by a majority of the entire membership of the plan commission. (b) METRO. Action of the metropolitan development commission is not official, unless …

Sec. 303. At its first regular meeting in each year, the plan commission shall elect from its members a president and a vice president. The vice president may act as president of the plan commission during the absence or disability of the president. [Pre-Local Government Recodifi…

Sec. 304. The plan commission may appoint and fix the duties of a secretary, who is not required to be a member of the commission. [Pre-Local Government Recodification Citations: 18-7-2-17; 18-7-3-5 part; 18-7-4-304; 18-7-4-22; 18-7-5-23 part.] As added by Acts 1981, P.L.309, SEC…

Sec. 305. (a) ADVISORY. The municipality or the county shall provide suitable offices for the holding of advisory plan commission meetings and for preserving the plans, maps, accounts, and other documents of the commission. (b) AREA. After the establishment of the planning depart…

Sec. 306. The plan commission shall fix the time for holding regular meetings each month or as necessary. The commission shall keep minutes of its meetings. The minutes of commission meetings and all records shall be filed in the office of the commission and are public records. […

Sec. 307. Special meetings of a plan commission may be called by the president or by two (2) members of the commission upon written request to the secretary. The secretary shall send to all members, at least three (3) days before the special meeting, a written notice fixing the t…

Sec. 308. (a) ADVISORY. After a legislative body has adopted an ordinance establishing a municipal or county plan commission, the fiscal body of the municipality or the county, as the case may be, may make appropriations to carry out the duties of the commission. (b) ADVISORY. Af…

Sec. 309. ADVISORY)AREA. Each plan commission may expend, in accord with applicable municipal or county fiscal procedures, all amounts appropriated to it for the purposes and activities authorized by this chapter. In the case of a metropolitan plan commission, at the end of each …

Sec. 310. (a) A municipality (in the case of a municipal plan commission or the metropolitan development commission) or a county (in the case of a county plan commission, a metropolitan plan commission, or an area plan commission) may accept gifts, donations, and grants from priv…

Sec. 311. (a) ADVISORY. The advisory plan commission may appoint, prescribe the duties, and fix the compensation of such employees as are necessary for the discharge of the duties of the commission. This compensation must be in conformity with salaries and compensation fixed up t…

Sec. 312. AREA. Under the direction of the area plan commission, the executive director shall: (1) propose annually a plan for the operation of the planning department; (2) administer the plan as approved by the commission; (3) supervise the general administration of the planning…

Sec. 400. This series (sections 400 through 499 of this chapter) may be cited as follows: 400 SERIES)COMMISSION DUTIES AND POWERS. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.23.

Sec. 401. (a) Each plan commission shall: (1) supervise, and make rules for, the administration of the affairs of the commission (in the case of an advisory plan commission) or of the planning department (in the case of an area plan commission or a metropolitan development commis…

Sec. 402. (a) ADVISORY. Each advisory plan commission shall prescribe the qualifications of, appoint, remove, and fix the compensation of the employees of the commission, which compensation must conform to salaries and compensations fixed before that time by the fiscal body of th…

Sec. 403.5. (a) If authorized by a zoning ordinance, the plan commission may designate a hearing examiner or committee of the commission to conduct a combined hearing procedure relative to developments that require more than one (1) hearing under this chapter. In conducting the c…

Sec. 404. (a) ADVISORY. Each advisory plan commission shall sue and be sued collectively by its legal name, styled according to the municipality or county, "__________ Plan Commission", with service of process on the executive director or the president of the commission. No costs…

Sec. 405. (a) ADVISORY ) AREA. Each plan commission shall: (1) make recommendations to the legislative body or bodies concerning: (A) the adoption of the comprehensive plan and amendments to the comprehensive plan; (B) the adoption or text amendment of: (i) an initial zoning ordi…

Sec. 405.5. (a) This section applies to a county where any territory contains rural route addresses. (b) Each plan commission shall develop a plan for converting rural route addresses within the county to numbered addresses under section 405 of this chapter. (c) This subsection a…

Sec. 407. Each plan commission may establish advisory committees of citizens interested in problems of planning and zoning. In its resolution establishing such a committee, the commission shall specify the terms of its members and its purposes. Each advisory committee shall: (1) …

Sec. 408. (a) Each plan commission may establish an executive committee of not less than three (3) nor more than nine (9) persons appointed by the commission from its membership. The establishment of the executive committee, the naming of its individual members, and the adoption …

Sec. 409. Each plan commission may, within its approved budget, negotiate for grants-in-aid and agree to terms and conditions attached to them. This section is specific authority to enter into grants-in-aid agreements under 40 U.S.C. section 461. Under the same limitations, the c…

Sec. 410. (a) ADVISORY. The legislative body of any municipality located in a county having an advisory plan commission may, by ordinance, designate that county plan commission as the municipal plan commission. Such an ordinance may also provide that the county board of zoning ap…

Sec. 411. The plan commission may establish a schedule of reasonable fees to defray the administrative costs connected with: (1) processing and hearing administrative appeals and petitions for rezoning, special exceptions, special uses, contingent uses, and variances; (2) issuing…

Sec. 500. This series (sections 500 through 599 of this chapter) may be cited as follows: 500 SERIES)COMPREHENSIVE PLAN. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.23.

Sec. 501. A comprehensive plan shall be approved by resolution in accordance with the 500 series for the promotion of public health, safety, morals, convenience, order, or the general welfare and for the sake of efficiency and economy in the process of development. The plan commi…

Sec. 502. A comprehensive plan must contain at least the following elements: (1) A statement of objectives for the future development of the jurisdiction. (2) A statement of policy for the land use development of the jurisdiction. (3) A statement of policy for the development of …

Sec. 503. A comprehensive plan may, in addition to the elements required by section 502 of this chapter, include the following: (1) Surveys and studies of current conditions and probable future growth within the jurisdiction and adjoining jurisdictions. (2) Maps, plats, charts, a…

Sec. 504. (a) After the comprehensive plan is approved for a jurisdiction, each governmental entity within the territorial jurisdiction where the plan is in effect shall give consideration to the general policy and pattern of development set out in the comprehensive plan in the: …

Sec. 504.5. (a) In preparing or revising a comprehensive plan for a township, the legislative body of the consolidated city shall adopt an ordinance requiring the plan commission to establish an advisory committee of citizens interested in problems of planning and zoning for that…

Sec. 505. (a) When the plan commission undertakes the preparation of a comprehensive plan, the commission may request any public or private officials to make available any information, documents, and plans that have been prepared and that provide any information that relates to t…

Sec. 506. (a) A thoroughfare plan that is included in the comprehensive plan may determine lines for new, extended, widened, or narrowed public ways in any part of the territory in the jurisdiction. (b) The determination of lines for public ways, as provided in subsection (a), do…

Sec. 507. Before the approval of a comprehensive plan, the plan commission must: (1) give notice and hold one (1) or more public hearings on the plan; (2) publish, in accordance with IC 5-3-1, a schedule stating the times and places of the hearing or hearings. The schedule must s…

Sec. 508. (a) After a public hearing or hearings have been held, the plan commission may approve the comprehensive plan. (b) ADVISORY)AREA. Upon approval, the plan commission shall certify the comprehensive plan to each participating legislative body. (c) The plan commission may …