Title 36, LOCAL GOVERNMENT

Sec. 913. The board of zoning appeals may appoint a secretary and such employees as are necessary for the discharge of its duties. [Pre-Local Government Recodification Citations: 18-7-2-65; 18-7-4-913; 18-7-4-73; 18-7-5-77.] As added by Acts 1981, P.L.309, SEC.23. Amended by Acts…

Sec. 914. The plan commission shall provide for suitable facilities for the holding of board of zoning appeals' hearings and for the preserving of records, documents, and accounts. [Pre-Local Government Recodification Citations: 18-7-2-66; 18-7-4-914; 18-7-4-74; 18-7-5-78.] As ad…

Sec. 915. The board of zoning appeals shall keep minutes of its proceedings and record the vote on all actions taken. All minutes and records shall be filed in the office of the board and are public records. The board shall in all cases heard by it make written findings of fact. …

Sec. 916. (a) The board of zoning appeals shall adopt rules, which may not conflict with the zoning ordinance, concerning: (1) the filing of appeals; (2) the application for variances, special exceptions, special uses, contingent uses, and conditional uses; (3) the giving of noti…

Sec. 916.5. METRO. The board of zoning appeals shall allocate: (1) appeals; and (2) applications for variances, special exceptions, special uses, contingent uses, and conditional uses; to a division of the board of zoning appeals that has at least one (1) member of the board who …

Sec. 917. The fiscal body of the municipality or county, as the case may be, may appropriate under section 308 of this chapter such amounts as are necessary to carry out the duties of the board of zoning appeals. [Pre-Local Government Recodification Citations: 18-7-4-917; 18-7-4-…

Sec. 918.1. A board of zoning appeals shall hear and determine appeals from and review: (1) any order, requirement, decision, or determination made by an administrative official, hearing officer, or staff member under the zoning ordinance; (2) any order, requirement, decision, or…

Sec. 918.2. A board of zoning appeals shall approve or deny all: (1) special exceptions; (2) special uses; (3) contingent uses; and (4) conditional uses; from the terms of the zoning ordinance, but only in the classes of cases or in the particular situations specified in the zoni…

Sec. 918.3. AREA. Neither the area board of zoning appeals nor any other board of zoning appeals continued in existence under the area planning law may grant a variance from a use district or classification under the area planning law. As added by P.L.357-1983, SEC.12.

Sec. 918.4. ADVISORY)METRO. A board of zoning appeals shall approve or deny variances of use from the terms of the zoning ordinance. The board may impose reasonable conditions as a part of its approval. A variance may be approved under this section only upon a determination in wr…

Sec. 918.5. (a) A board of zoning appeals shall approve or deny variances from the development standards (such as height, bulk, or area) of the zoning ordinance. The board may impose reasonable conditions as a part of the board's approval. A variance may be approved under this se…

Sec. 918.6. (a) This section applies to the following: (1) A municipality in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). (2) A county having a population of more than two hundred fifty thousand (250,000…

Sec. 918.8. (a) This section does not apply to a proposed ordinance for the amendment of a zoning ordinance that only affects real property located within the corporate boundaries of an excluded city. (b) METRO. In connection with its consideration of a proposed ordinance for the…

Sec. 919. (a) An appeal filed with the board of zoning appeals must specify the grounds of the appeal and must be filed within such time and in such form as may be prescribed by the board of zoning appeals by rule. (b) The administrative official, hearing officer, administrative …

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 920. (a) The board of zoning appeals shall fix a reasonable time for the hearing of administrative appeals, exceptions, uses, and variances. (b) Public not…

Sec. 922. (a) Subsections (b), (c), (d), and (e) do not apply to a board of zoning appeals of an excluded city. (b) METRO. Either of the following may appeal to the metropolitan development commission the following decisions of a board of zoning appeals: (1) An official designate…

Sec. 923. (a) This section allows the establishment of an alternate procedure under which there can be a more expedient disposition of certain matters that otherwise would be heard by a board of zoning appeals. When authorized by ordinance or by rules of the plan commission, a he…

Sec. 924. (a) In establishing the alternate procedure under section 923 of this chapter, the plan commission may adopt rules or recommend ordinances: (1) limiting the kinds of variance, special exception, special use, contingent use, or conditional use petitions or applications t…

Sec. 1. This chapter applies to all cities. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.53.

Sec. 10. (a) Subject to subsection (c), the board or persons having the authority to employ members of the fire or police department shall give a preference for employment according to the following priority: (1) A war veteran who has been discharged from the armed forces of the …

Sec. 11. (a) If it is necessary for the safety board to reduce the number of members of the police or fire department by layoff for financial reasons, the last member appointed must be the first to be laid off, with other members also laid off in reverse hiring order, until the d…

Sec. 12. The safety board may provide that all appointments to the police or fire department are probationary for a period not to exceed one (1) year. If the safety board finds, upon the recommendation of the chief of the department during the probationary period, that the conduc…

Sec. 2. Members of the police and fire departments are not subject to residency requirements but must: (1) have adequate means of transportation into the jurisdiction served by the member's department; and (2) maintain telephone service to communicate with the department. [Pre-Lo…

Sec. 3. Members of the police and fire departments may not use vehicles owned or maintained by their department outside the county in which the city is located except during the performance of official duties or as provided for by department regulation. [Pre-Local Government Reco…

Sec. 4. (a) A city shall provide the active members of the police and fire departments with all uniforms, clothing, arms, and equipment necessary to perform their duties. Except as provided in section 4.5 of this chapter, after one (1) year of regular service in either department…

Sec. 4.5. (a) As used in this section, "body armor" has the meaning set forth in IC 35-47-5-13(a). (b) A city shall provide an active member of the police department of the city with body armor for the torso. The city shall replace the body armor for the torso according to the re…

Sec. 5. (a) The following definitions apply throughout this section: (1) "Firefighter" means a current or former firefighter. (2) "Police officer" means a current or former police officer. (b) A city shall pay for the care of a police officer or firefighter who suffers an injury …

Sec. 6. (a) This section applies only to: (1) police departments in second and third class cities having a population of ten thousand (10,000) or more; and (2) fire departments in second and third class cities; that are not governed by a merit system prescribed by statute or ordi…

Sec. 6.5. (a) This section applies to the appointment of a police chief or deputy police chief in all cities. (b) An applicant must meet the following requirements: (1) Have five (5) years of service as: (A) a police officer with a full-time, paid police department or agency; or …

Sec. 7. (a) Subject to IC 36-8-4.7, a person may not be appointed as a member of the police or fire department after the person has reached forty (40) years of age. A person may be reappointed as a member of any department only if the person is a former member or a retired member…

Sec. 8. (a) A member of the police department may not be required, except in case of a public emergency as determined by the city executive, to work more than six (6) days of eight (8) hours each in one (1) week, or more than an average of forty-eight (48) hours per week in one (…

Sec. 9. (a) Except as provided in subsection (c), a member of a regularly organized and paid fire department may not be required to work more than an average of fifty-six (56) hours per week. However, if on September 1, 1985, a fire department was using sixty-three (63) hours as …

Sec. 1. This chapter applies to all municipalities. [Pre-Local Government Recodification Citation: 19-5-2-3 part.] As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.182-2009(ss), SEC.451; P.L.119-2012, SEC.227; P.L.121-2016, SEC.40.

Sec. 10. (a) If, as a result of its studies under section 9 of this chapter, the municipal legislative body finds that public acquisition of the system would fulfill one (1) or more of the conditions listed in section 5(a)(2) of this chapter, it may adopt an ordinance: (1) declar…

Sec. 11. (a) The legislative body of a municipality may study whether it is in the public interest that a system be established and maintained under this chapter by the municipality. The legislative body shall pay for these studies by an appropriation from the general fund of the…

Sec. 12. A public transportation corporation is a separate municipal corporation, which shall be known as "__________________ Public Transportation Corporation" (designating the name of the municipality). [Pre-Local Government Recodification Citation: 19-5-2-10 part.] As added by…

Sec. 13. (a) After the creation of a public transportation corporation, territory may be added to the taxing district of the corporation only in accordance with this section. (b) If the municipality finalizes an annexation or disannexation of territory, the boundaries of the taxi…

Sec. 13.5. (a) This section applies to a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000). (b) The taxing district of a public transportation corporation under this section includes all the territory insid…

Sec. 14. (a) A public transportation corporation is under the control of a board of directors, which shall exercise the executive and legislative powers of the corporation. (b) Directors must be residents of the taxing district of the corporation. [Pre-Local Government Recodifica…

Sec. 15. (a) The board of directors of a public transportation corporation in a city consists of either five (5) or seven (7) directors, as determined by the city legislative body. (b) If the board of directors consists of five (5) directors, they are: (1) two (2) directors appoi…

Sec. 16. (a) The board of directors of a public transportation corporation in a town consists of either five (5) or seven (7) directors, as determined by the town legislative body. All the directors shall be appointed by the legislative body. (b) If the board of directors consist…

Sec. 17. The appointing authorities shall make appointments to the board of directors under section 15 or 16 of this chapter so that the number of directors belonging to either of the two (2) major political parties does not exceed the number belonging to the other by more than o…

Sec. 18. (a) On the expiration of the term of office of a director of a public transportation corporation, the appointing authority shall appoint a director for a term of four (4) years and until the director's successor is appointed and qualified. (b) If a director leaves office…

Sec. 19. A director of a public transportation corporation may be impeached under IC 5-8-1. [Pre-Local Government Recodification Citation: 19-5-2-12 part.] As added by Acts 1981, P.L.309, SEC.77.

Sec. 2. For purposes of this chapter, the "management" of an urban mass transportation system is: (1) the board of directors, for a corporation; (2) the majority of the partners, for a partnership in which the partners have equal rights in the management and control of the partne…

Sec. 20. A director of a public transportation corporation is entitled to: (1) compensation of not more than one thousand two hundred dollars ($1,200) annually, as determined in the budget; and (2) reimbursement for any expenses incurred in the interest of the board of directors.…