Title 36, LOCAL GOVERNMENT

Sec. 1. As used in this chapter, "commission" or "plan commission" refers to a joint district planning and zoning commission established under this chapter. As added by P.L.300-1989, SEC.2.

Sec. 10. Commission action may be taken only upon the vote of a majority of its members. As added by P.L.300-1989, SEC.2.

Sec. 11. (a) Each member of the commission must have: (1) knowledge and experience regarding affairs in the joint district; (2) awareness of the social, economic, agricultural, and industrial conditions of the joint district; and (3) an interest in the development of the joint di…

Sec. 12. Members of the commission are appointed for a three (3) year term. As added by P.L.300-1989, SEC.2.

Sec. 13. One (1) of the counties or municipalities that adopted an ordinance creating the joint district shall provide suitable offices for the holding of commission meetings and for preserving the plans, maps, accounts, and other documents of the commission. As added by P.L.300-…

Sec. 14. After one (1) or more municipalities and one (1) or more counties cooperatively establish a joint district, the units creating the joint district may make an appropriation to carry out the duties of the commission. The units may apportion appropriations for the commissio…

Sec. 15. (a) A commission may accept gifts, donations, and grants from private or governmental services for commission purposes. The commission shall deposit money that it receives under this section in a joint district fund (or other suitable fund). The commission shall keep the…

Sec. 16. (a) The commission shall prescribe the qualifications, appoint, remove, prescribe the duties, and fix the compensation of employees necessary for the discharge of the duties of the commission. The compensation must be in conformity with salaries and compensation fixed up…

Sec. 17. The commission has the duties listed in IC 36-7-4-401 to the extent those duties are consistent with this chapter. As added by P.L.300-1989, SEC.2.

Sec. 18. A commission may sue and be sued, with service of process upon the president of the commission. No costs may be taxed against the commission or any commission members in an action. As added by P.L.300-1989, SEC.2.

Sec. 19. The commission shall comply with IC 36-7-4-405 to the extent those duties are consistent with this chapter. As added by P.L.300-1989, SEC.2.

Sec. 2. As used in this chapter, "joint district" means an area of real property (whether or not the property is located within the boundaries of one (1) or more municipalities, counties, or other political subdivisions) that is established as a joint district under this chapter.…

Sec. 20. Until the commission adopts a zoning ordinance in the manner provided for under the 600 series of the advisory planning law, the zoning ordinance, if any, that is then in effect for the portion of the joint district controlled by that zoning ordinance shall continue in e…

Sec. 21. Within the joint district: (1) a structure may not be located; and (2) an improvement location permit for a structure on platted or unplatted land may not be issued; unless the structure and location conform to the joint district zoning ordinance. As added by P.L.300-198…

Sec. 22. The joint district zoning ordinance may designate an official or employee of the commission to issue improvement location permits within the jurisdiction of the commission and in conformance with the joint district zoning ordinance. As added by P.L.300-1989, SEC.2.

Sec. 23. (a) Notwithstanding IC 36-7-4-901, the commission shall establish a board of zoning appeals. (b) The board of zoning appeals shall be composed of one (1) division of five (5) members who are selected according to section 24 of this chapter. (c) The board of zoning appeal…

Sec. 24. Notwithstanding IC 36-7-4-902, the division of the joint district board of zoning appeals consists of five (5) members as follows: (1) One (1) citizen member appointed by the commission who may or may not be a member of the commission. (2) Two (2) citizen members appoint…

Sec. 25. (a) A member of the joint district board of zoning appeals may hold no other elective or appointive office in municipal, county, or state government, except as permitted by IC 36-7-4-902. (b) A member of the joint district board of zoning appeals must be a resident of a …

Sec. 26. Notwithstanding IC 36-7-4-918.4, the joint district board of zoning appeals may not grant a variance of use from the terms of the applicable zoning ordinance. As added by P.L.300-1989, SEC.2.

Sec. 3. The advisory planning law portions of IC 36-7-4 apply to a commission and a joint district insofar as the advisory planning law portions of IC 36-7-4 are not inconsistent with this chapter, even if the county in which a joint district is located has adopted any part of th…

Sec. 4. One (1) or more municipalities (meeting the population, proximity, and ordinance requirements under section 9 of this chapter) and one (1) or more counties may cooperatively establish single and unified planning and zoning entities as joint districts to carry out this cha…

Sec. 5. (a) The legislative bodies of one (1) or more municipalities (meeting the population and proximity requirements under section 9 of this chapter) and one (1) or more counties may establish, by identical ordinances, a joint district planning and zoning commission. The ordin…

Sec. 6. After a commission is established, it shall exclusively exercise all the planning, zoning, platting, and land use policy authority for real property in the joint district. The joint district commission has exclusive authority, subject to section 7 of this chapter, to adop…

Sec. 7. (a) A joint district council is established for each joint district formed under this chapter. (b) The membership of the joint district council consists of: (1) the president of the town board of trustees; (2) the president of a second class city legislative body; (3) the…

Sec. 8. (a) A commission may adopt a comprehensive plan (as provided for under the 500 Series of the advisory planning law) for the development of the joint district. The comprehensive plan, if adopted, does not have extraterritorial effect outside the defined boundaries of the j…

Sec. 9. The members of the commission shall be determined as follows: (1) The legislative body of each county where any part of the joint district is located shall choose four (4) members. (2) The legislative body of each municipality having a population of more than three thousa…

Sec. 1. A municipality or county may not enact or enforce an ordinance, a resolution, or an order that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2d 952 (1985)" or a regulation related to the amateur radio servic…

Sec. 2. If a municipality or county adopts an ordinance, a resolution, or an order involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance, resolution, or order must: (1) reasonably accommodate amat…

Sec. 3. This chapter does not prohibit a municipality or county from taking action to protect or preserve a historic, a historical, or an architectural district that is established by the municipality or county or under state or federal law. As added by P.L.109-2003, SEC.1.

Sec. 1. As used in this chapter, "training courses" refers to training courses, workshops, training institutes authorized by IC 5-11-14, formal academies, special seminars, and other in-service training related to the office of the: (1) clerk of the consolidated city described in…

Sec. 2. An individual who is appointed to or holds an office described in section 1 of this chapter on or after November 5, 2019, shall complete at least: (1) fourteen (14) hours of training courses within one (1) year; and (2) thirty-six (36) hours of training courses within thr…

Sec. 3. A training course that an individual completes: (1) after being appointed to an office described in this section; and (2) before the individual begins serving in an office described in this section; shall be counted toward the requirements under section 2 of this chapter.…

Sec. 4. An individual shall fulfill the training requirements established by section 2 of this chapter for each four (4) year period during which the individual holds an office described in section 1 of this chapter. As added by P.L.257-2019, SEC.110.

Sec. 5. This section applies only to an individual appointed to fill a vacancy in an office described in section 1 of this chapter. An individual described in this section may, but is not required to, take training courses required by section 2 of this chapter. If an individual d…

Sec. 6. The: (1) executive; (2) legislative body; and (3) individual who holds an office described in section 1 of this chapter; shall use all reasonable means to ensure that the individual who holds an office described in section 1 of this chapter complies with the training requ…

Sec. 7. The individual who holds an office described in section 1 of this chapter shall maintain written documentation of the training courses that the individual completes toward the requirements of this chapter. As added by P.L.257-2019, SEC.110.

Sec. 8. If the consolidated city reorganizes under IC 36-1.5, the individual who performs the functions of an office described in section 1 of this chapter for the consolidated city shall comply with the training requirements established by this chapter for the reorganized politi…

Sec. 0.1. The addition of this chapter by P.L.220-1986 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the…

Sec. 1. This chapter applies to each unit that: (1) has established an advisory plan commission or a metropolitan plan commission under IC 36-7-4-202; or (2) is participating in an area planning department established under IC 36-7-4-202. As added by P.L.220-1986, SEC.30.…

Sec. 10. The owners of property affected by an assessment under section 9 of this chapter have the same rights as property owners affected by an assessment under IC 36-9-36. As added by P.L.220-1986, SEC.30. Amended by P.L.98-1993, SEC.14.

Sec. 11. If a unit's costs in acquiring property and paying benefits assessed against the unit under this chapter exceed the balance in the unit's thoroughfare fund, the unit may issue bonds in an amount sufficient to pay all or part of those costs. The bonds must be: (1) approve…

Sec. 12. Proceeds from the sale of bonds under section 11 of this chapter shall be deposited in the thoroughfare fund and used by the unit to pay for: (1) property acquired by the unit; (2) benefits assessed against the unit at large; and (3) damages increased by a court on appea…

Sec. 2. (a) The fiscal body of a unit that has adopted a thoroughfare plan under IC 36-7-4 may levy a tax of five cents ($0.05) on each one hundred dollars ($100) of taxable property in the unit. The tax may be levied annually, in the same way that other property taxes are levied…

Sec. 3. Except as provided in section 5 of this chapter, a works board carrying out a thoroughfare plan under this chapter: (1) has the same powers to: (A) appropriate or condemn property; (B) lay out, change, widen, straighten, or vacate public ways or public places; (C) award a…

Sec. 4. A works board that wants to proceed with a project in order to carry out a thoroughfare plan may adopt a resolution: (1) describing the proposed project; (2) setting out the items necessary for completion of the project; (3) including complete plans and specifications for…

Sec. 5. Plans, specifications, and contracts for a project proposed under section 4 of this chapter must be prepared, adopted, and let in the manner required by IC 36-9-36, except that the provisions of IC 36-9-36 for remonstrance by resident freeholders do not apply. Separate ph…