CHAPTER 1. DEFINITIONS
IC 36-7
ARTICLE 7. PLANNING AND DEVELOPMENT
IC 36-7-1
Chapter 1. Definitions
IC 36-7-1-1
Application of chapter
Sec. 1. The definitions in IC 36-1-2 and in this chapter apply
throughout this article.
As added by Acts 1980, P.L.211, SEC.2. Amended by Acts 1981,
P.L.309, SEC.1.
IC 36-7-1-2
"Advisory plan commission"
Sec. 2. "Advisory plan commission" means a municipal plan
commission, a county plan commission, or a metropolitan plan
commission.
As added by Acts 1981, P.L.309, SEC.2.
IC 36-7-1-3
"Area needing redevelopment"
Sec. 3. "Area needing redevelopment" means an area in which
normal development and occupancy are undesirable or impossible
because of any of the following:
(1) Lack of development.
(2) Cessation of growth.
(3) Deteriorated or deteriorating improvements.
(4) Environmental contamination.
(5) Character of occupancy.
(6) Age.
(7) Obsolescence.
(8) Substandard buildings.
(9) Other factors that impair values or prevent a normal use or
development of property.
As added by Acts 1981, P.L.309, SEC.3. Amended by P.L.185-2005,
SEC.4; P.L.221-2007, SEC.27.
IC 36-7-1-4
"Board of zoning appeals"
Sec. 4. "Board of zoning appeals", unless preceded by a qualifying
adjective, refers to a board of zoning appeals under either the
advisory planning law, the area planning law, or the metropolitan
development law.
As added by Acts 1981, P.L.309, SEC.4.
IC 36-7-1-5
"Comprehensive plan"
Sec. 5. "Comprehensive plan" means a composite of all materials
prepared and approved under the 500 series of IC 36-7-4 or under
prior law. It includes a master plan adopted under any prior law. The
comprehensive plan is separate from any zoning ordinance as defined
in section 22 of this chapter.
As added by Acts 1981, P.L.309, SEC.5. Amended by Acts 1981,
P.L.310, SEC.1; P.L.192-1984, SEC.2; P.L.335-1985, SEC.1.
IC 36-7-1-6
"Development plan"
Sec. 6. "Development plan" means a specific plan for the
development of real property that:
(1) requires approval by a plan commission under the 1400
series of IC 36-7-4;
(2) includes a site plan;
(3) satisfies the development requirements specified in the
zoning ordinance regulating the development; and
(4) contains the plan documentation and supporting information
required by the zoning ordinance.
As added by Acts 1981, P.L.309, SEC.6. Amended by Acts 1981,
P.L.310, SEC.2; P.L.320-1995, SEC.1.
IC 36-7-1-7
"Housing authority"
Sec. 7. "Housing authority" refers to a housing authority
established under IC 36-7-18.
As added by Acts 1981, P.L.309, SEC.7.
IC 36-7-1-8
"Housing project"
Sec. 8. "Housing project" means any work or undertaking of a
housing authority in planning improvements, acquiring property,
demolishing structures, constructing, altering, and repairing
improvements, and performing other acts necessary to:
(1) demolish, clear, or remove buildings from any area in which
the majority of dwellings is detrimental to the public safety,
health, and morals because of dilapidation, overcrowding, faulty
design, lack of ventilation, light, or sanitary facilities, or a
combination of these factors;
(2) provide decent, safe, and sanitary living accommodations;
or
(3) accomplish a combination of these purposes.
As added by Acts 1981, P.L.309, SEC.8.
IC 36-7-1-9
Repealed
(Repealed by P.L.213-1986, SEC.12.)
IC 36-7-1-10
"Metropolitan development commission"
Sec. 10. "Metropolitan development commission" means the plan
commission established by IC 36-7-4-202(c) for a county having a
consolidated city. The term does not include a metropolitan plan
commission established under IC 36-7-4-202(a).
As added by Acts 1981, P.L.309, SEC.10.
IC 36-7-1-11
"Metropolitan plan commission"
Sec. 11. "Metropolitan plan commission" means an advisory plan
commission cooperatively established by a county and a second class
city under IC 36-7-4-202(a). The term does not include the
metropolitan development commission established by
IC 36-7-4-202(c).
As added by Acts 1981, P.L.309, SEC.11.
IC 36-7-1-12
"Municipal plan commission"
Sec. 12. "Municipal plan commission" means a city plan
commission or a town plan commission.
As added by Acts 1981, P.L.309, SEC.12.
IC 36-7-1-13
"Park board"
Sec. 13. "Park board" means board of parks and recreation or
board of park commissioners.
As added by Acts 1981, P.L.309, SEC.13.
IC 36-7-1-14
"Plan commission"
Sec. 14. "Plan commission", unless preceded by a qualifying
adjective, means an advisory plan commission, an area plan
commission, or a metropolitan development commission. The term
does not include a regional planning commission established under
IC 36-7-7.
As added by Acts 1981, P.L.309, SEC.14.
IC 36-7-1-14.5
"Planned unit development"
Sec. 14.5. "Planned unit development" means development of real
property:
(1) in the manner set forth by the legislative body in the zoning
ordinance; and
(2) that meets the requirements of the 1500 series of IC 36-7-4.
As added by P.L.320-1995, SEC.2.
IC 36-7-1-15
"Planning department"
Sec. 15. "Planning department" refers to an area planning
department under the area planning law.
As added by Acts 1981, P.L.309, SEC.15.
IC 36-7-1-16
"Public place"
Sec. 16. "Public place" includes any tract owned by the state or a
political subdivision.
As added by Acts 1981, P.L.309, SEC.16.
IC 36-7-1-17
"Public way"
Sec. 17. "Public way" includes highway, street, avenue,
boulevard, road, lane, or alley.
As added by Acts 1981, P.L.309, SEC.17.
IC 36-7-1-18
"Redevelopment"
Sec. 18. "Redevelopment" includes the following activities:
(1) Acquiring real property in areas needing redevelopment.
(2) Replatting and determining the proper use of real property
acquired.
(3) Opening, closing, relocating, widening, and improving
public ways.
(4) Relocating, constructing, and improving sewers, utility
services, offstreet parking facilities, and levees.
(5) Laying out and constructing necessary public improvements,
including parks, playgrounds, and other recreational facilities.
(6) Restricting the use of real property acquired according to
law.
(7) Repairing and maintaining buildings acquired, if demolition
of those buildings is not considered necessary to carry out the
redevelopment plan.
(8) Rehabilitating real or personal property to carry out the
redevelopment or urban renewal plan, regardless of whether the
real or personal property is acquired by the unit.
(9) Investigating and remediating environmental contamination
on real property to carry out the redevelopment or urban
renewal plan, regardless of whether the real property is acquired
by the unit.
(10) Disposing of property acquired on the terms and conditions
and for the uses and purposes that best serve the interests of the
units served by the redevelopment commission.
(11) Making payments required or authorized by IC 8-23-17.
(12) Performing all acts incident to the statutory powers and
duties of a redevelopment commission.
As added by Acts 1981, P.L.309, SEC.18. Amended by Acts 1982,
P.L.77, SEC.7; P.L.18-1990, SEC.291; P.L.185-2005, SEC.5;
P.L.221-2007, SEC.28.
IC 36-7-1-18.5
"Remediation"
Sec. 18.5. "Remediation" has the meaning set forth in
IC 13-11-2-186.
As added by P.L.221-2007, SEC.29.
IC 36-7-1-19
"Subdivision"
Sec. 19. "Subdivision" means the division of a parcel of land into
lots, parcels, tracts, units, or interests in the manner defined and
prescribed by a subdivision control ordinance adopted by the
legislative body under IC 36-7-4.
As added by Acts 1981, P.L.309, SEC.19. Amended by Acts 1981,
P.L.310, SEC.3; Acts 1982, P.L.211, SEC.1.
IC 36-7-1-20
"Thoroughfare"
Sec. 20. "Thoroughfare" means a public way or public place that
is included in the thoroughfare plan of a unit. The term includes the
entire right-of-way for public use of the thoroughfare and all surface
and subsurface improvements on it such as sidewalks, curbs,
shoulders, and utility lines and mains.
As added by Acts 1981, P.L.309, SEC.20. Amended by Acts 1981,
P.L.310, SEC.4; P.L.220-1986, SEC.1.
IC 36-7-1-21
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-1-22
"Zoning ordinance"
Sec. 22. "Zoning ordinance" refers to an ordinance adopted under
the 600 series of IC 36-7-4 or under prior law. The term includes:
(1) PUD district ordinances (as defined in IC 36-7-4-1503); and
(2) all zone maps incorporated by reference into the ordinance
as provided in the 600 series of IC 36-7-4.
As added by P.L.335-1985, SEC.2. Amended by P.L.220-1986,
SEC.2; P.L.320-1995, SEC.3.