Title 36, LOCAL GOVERNMENT

Sec. 600. This series (sections 600 through 699 of this chapter) may be cited as follows: 600 SERIES)ZONING ORDINANCE. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.23.

Sec. 601. (a) The legislative body having jurisdiction over the geographic area described in the zoning ordinance has exclusive authority to adopt a zoning ordinance under the 600 series. However, no zoning ordinance may be adopted until a comprehensive plan has been approved for…

Sec. 602. (a) The following procedure applies to a proposal to adopt an initial zoning ordinance (or to adopt a replacement zoning ordinance after repealing the entire zoning ordinance, including amendments and zone maps) for a jurisdiction: (1) The plan commission must initiate …

Sec. 603. In preparing and considering proposals under the 600 series, the plan commission and the legislative body shall pay reasonable regard to: (1) the comprehensive plan; (2) current conditions and the character of current structures and uses in each district; (3) the most d…

Sec. 604. (a) Before the plan commission certifies a proposal to the legislative body under section 605 of this chapter, the plan commission must hold a public hearing under this section. (b) The plan commission shall give notice of the hearing by publication under IC 5-3-1. The …

Sec. 605. (a) ADVISORY)AREA. A proposed zoning ordinance shall be certified to each participating legislative body by the plan commission as follows: (1) If the proposal is to adopt an initial zoning ordinance (or to adopt a replacement zoning ordinance after repealing the entire…

Sec. 606. (a) AREA-METRO. This section applies to a proposal, as described in section 602(a) of this chapter, to adopt an initial zoning ordinance (or to adopt a replacement zoning ordinance after repealing the entire zoning ordinance, including amendments and zone maps) for a ju…

Sec. 606.5. (a) ADVISORY. This section applies to a proposal, as described in section 602(a) of this chapter, to adopt an initial zoning ordinance (or to adopt a replacement zoning ordinance after repealing the entire zoning ordinance, including amendments and zone maps) for a ju…

Sec. 607. (a) AREA-METRO. This section applies to a proposal, as described in section 602(b) of this chapter, to amend or partially repeal the text (not zone maps) of the zoning ordinance. (b) AREA. If the proposal is initiated by a participating legislative body instead of the p…

Sec. 607.5. (a) ADVISORY. This section applies to a proposal, as described in section 602(b) of this chapter, to amend or partially repeal the text (not zone maps) of the zoning ordinance. (b) ADVISORY. If the proposal is initiated by a participating legislative body instead of t…

Sec. 608. (a) This section applies to a proposal, as described in section 602(c) of this chapter, to change the zone maps incorporated by reference into the zoning ordinance. (b) If the proposal is not initiated by the plan commission, it must be referred to the commission for co…

Sec. 608.7. (a) A unit, including an excluded city, may adopt the alternate procedure set forth in this section to apply to a proposal, as described in section 602(c) of this chapter, to change the zone maps incorporated by reference into the zoning ordinance. (b) The plan commis…

Sec. 609. (a) ADVISORY. A legislative body may take action under section 606.5, 607.5, or 608 of this chapter only by a vote of at least a majority of all the elected members of the body. (b) AREA. A legislative body may take action under section 606, 607, or 608 of this chapter …

Sec. 610. (a) After adoption of a zoning ordinance under section 606 or 606.5 of this chapter, the plan commission shall publish a notice of adoption in accordance with IC 5-3-1. The notice of adoption (which the plan commission shall have prepared) must: (1) summarize the subjec…

Sec. 610.5. This section applies to a proposal, as described in section 602(c) of this chapter, to change the zone maps incorporated by reference into the zoning ordinance. If, not later than one hundred eighty (180) days after adoption of the proposal, the legislative body finds…

Sec. 611. (a) Any ordinance adopted under the 600 series is presumed to have been adopted after due deliberation in regard to the facts upon which the comprehensive plan was formulated. (b) AREA. If a proposed zoning ordinance is adopted under section 606, 607, or 608 of this cha…

Sec. 612. (a) ADVISORY. Each zoning ordinance and each amendment to it adopted under any prior statute are validated and continued in effect until amended or repealed by action of the legislative body taken under authority of the advisory planning law. Each zoning ordinance has t…

Sec. 616. (a) The definitions used in this section apply only to this section. (b) As used in this section, "agricultural use" refers to land that is used for: (1) the production of livestock or livestock products, commercial aquaculture, equine or equine products, land designate…

Sec. 700. This series (sections 700 through 799 of this chapter) may be cited as follows: 700 SERIES)SUBDIVISION CONTROL. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.4.

Sec. 701. (a) The legislative body shall, in the zoning ordinance adopted under the 600 series of this chapter, determine the zoning districts in which subdivision of land may occur. (b) The plan commission shall then recommend to each participating legislative body an ordinance …

Sec. 702. (a) In determining whether to grant primary approval of a plat, the plan commission (or plat committee acting on the commission's behalf) shall determine if the plat or subdivision qualifies for primary approval under the standards prescribed by the subdivision control …

Sec. 703. (a) A person desiring the approval of a plat shall submit a written application for approval in accordance with procedures prescribed by the legislative body in the subdivision control ordinance. (b) If a subdivision control ordinance requires a plan commission or plat …

Sec. 704. The plan commission shall establish a uniform schedule of fees proportioned to the cost of checking and verifying the proposed plats. An applicant shall pay the specified fee upon the filing of an application for approval. [Pre-Local Government Recodification Citations:…

Sec. 705. Upon receipt of an application for primary approval, the plan commission staff shall review the application for technical conformity with the standards fixed in the subdivision control ordinance. Within fifteen (15) days after submission of an application, the staff sha…

Sec. 706. After the staff has announced a date for a hearing before the plan commission or plat committee, it shall: (1) notify the applicant in writing; (2) give notice of the hearing by publication in accordance with IC 5-3-1; and (3) provide for due notice to interested partie…

Sec. 707. (a) If, after the hearing, the plan commission or plat committee determines that the application and plat comply with the standards in the subdivision control ordinance, the commission or committee shall make written findings and a decision granting primary approval to …

Sec. 708. (a) An applicant or other interested party may appeal to the plan commission the primary approval or disapproval of a plat, or the imposition of a condition on primary approval by the plat committee, in accordance with section 402(d) of this chapter. However, if the pla…

Sec. 709. (a) Secondary approval under section 710 of this chapter shall be granted to a plat for a subdivision in which the improvements and installations have not been completed as required by the subdivision control ordinance, if: (1) the applicant provides a bond, or other pr…

Sec. 710. (a) The plan commission may grant secondary approval of a plat under this section or may delegate to the plat committee or staff the authority to grant such secondary approvals. (b) Secondary approval may be granted, after expiration of the time provided for appeal unde…

Sec. 711. (a) The plan commission (or plat committee acting on its behalf), proceeding in accordance with IC 36-7-3-10 or with this section, has exclusive control over the vacation of plats or parts of plats. (b) In a case in which not all the owners of land in a plat are in agre…

Sec. 712. (a) METRO. The plat committee has exclusive control over the vacation of: (1) plats or parts of plats; and (2) public ways, easements, or public places, or parts of any of them, whether or not they are included in an approved plat; in the county. The plat committee may …

Sec. 714. The vacation of all or part of a plat may include the vacation of any recorded covenants filed with the plat, but only upon a determination that: (1) the platted area is within an area needing redevelopment and the covenant vacation would promote a recovery of property …

Sec. 715. (a) The following are final decisions of the plan commission that may be reviewed as provided by section 1016 of this chapter: (1) Primary approval or disapproval of a plat. (2) Imposition of a condition on primary approval of a plat. (3) Approval or disapproval of the …

Sec. 800. This series (sections 800 through 899 of this chapter) may be cited as follows: 800 SERIES)IMPROVEMENT LOCATION PERMIT. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.23.

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 th…

Sec. 802. (a) ADVISORY. The ordinance may designate the official or employee of the municipality or county who may issue improvement location permits within the jurisdiction of the advisory plan commission and in conformance with the zoning ordinance. (b) AREA. The authority to i…

Sec. 803. (a) AREA)METRO. As an additional means of insuring the enforcement of a zoning or subdivision ordinance, a legislative body may adopt, as a part of either ordinance or by separate ordinance, provisions requiring building contractors to furnish an annual bond of one thou…

Sec. 804. (a) METRO. After a building contractor violates a zoning or subdivision ordinance three (3) times in a calendar year, the contractor is ineligible to receive an improvement location or building permit for one (1) year, beginning on the date of the third violation. Whene…

Sec. 900. This series (sections 900 through 999 of this chapter) may be cited as follows: 900 SERIES)BOARD OF ZONING APPEALS. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.23.

Sec. 901. (a) As a part of the zoning ordinance, the legislative body shall establish a board of zoning appeals. (b) The board of zoning appeals is composed of one (1) division, unless the zoning ordinance is amended under this subsection. Whenever considered desirable, the zonin…

Sec. 901.5. (a) If an advisory plan commission is established under section 202.5 of this chapter by a unit described in IC 36-7-2-1(b) and the unit adopts a comprehensive plan under this chapter, the legislative body of the unit shall establish a board of zoning appeals. (b) A b…

Sec. 902. (a) ADVISORY. Each division of the advisory board of zoning appeals consists of five (5) members as follows: (1) Three (3) citizen members appointed by the executive of the municipality or county, of whom one (1) must be a member of the plan commission and two (2) must …

Sec. 903. ADVISORY. (a) When a municipal plan commission exercises jurisdiction outside the incorporated area of the municipality as provided for in section 205 or 1208 of this chapter, one (1) of the following must occur: (1) An additional division of the board of zoning appeals…

Sec. 905. (a) None of the members of a board of zoning appeals may hold: (1) an elected office (as defined in IC 3-5-2.1-34); or (2) any other appointed office, except as permitted by section 902 of this chapter, in municipal, county, or state government. (b) A member of the boar…

Sec. 906. (a) ADVISORY)AREA. When an initial term of office expires, each new appointment is for a term of four (4) years. (b) ADVISORY)AREA. Upon the establishment of a division of the board of zoning appeals, the members shall initially be appointed as provided in the zoning or…

Sec. 907. (a) If a vacancy occurs among the members of the board of zoning appeals, the appointing authority shall appoint a member for the unexpired term of the vacating member. In addition, the appointing authority may appoint an alternate member to participate with the board i…