Title 36, LOCAL GOVERNMENT

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 …

Sec. 509. (a) ADVISORY)AREA. After certification of the comprehensive plan, the legislative body may adopt a resolution approving, rejecting, or amending the plan. Such a resolution requires only a majority vote of the legislative body, and is not subject to approval or veto by t…

Sec. 510. (a) ADVISORY)AREA. If the legislative body, by resolution, rejects or amends the comprehensive plan, then it shall return the comprehensive plan to the plan commission for its consideration, with a written statement of the reasons for its rejection or amendment. (b) ADV…

Sec. 511. (a) Each amendment to the comprehensive plan must be approved according to the procedure set forth in the 500 series. (b) ADVISORY)AREA. If the legislative body wants an amendment, it may direct the plan commission to prepare the amendment and submit it in the same mann…

Sec. 512. METRO. This section applies only to capital improvement projects consisting of real or personal property (or improvements) that have a useful life of more than one (1) year and a value of more than one hundred thousand dollars ($100,000). At least thirty (30) days befor…

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…