CHAPTER 4. LOCAL PLANNING AND ZONING
IC 36-7-4
Chapter 4. Local Planning and Zoning
IC 36-7-4-100
100 Series_Applicability and rules of construction
Sec. 100. This series (sections 100 through 199 of this chapter)
may be cited as follows: 100 SERIES.APPLICABILITY AND
RULES OF CONSTRUCTION.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-101
"Advisory planning law" defined
Sec. 101. The "advisory planning law" consists of those parts of
this chapter that are applicable to advisory planning. Sections and
subsections of this chapter with headings that include "ADVISORY"
apply to advisory planning. In addition, sections and subsections of
this chapter without headings apply to advisory planning as well as
area planning and metropolitan development.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-102
"Area planning law" defined
Sec. 102. The "area planning law" consists of those parts of this
chapter that are applicable to area planning. Sections and subsections
of this chapter with headings that include "AREA" apply to area
planning. In addition, sections and subsections of this chapter
without headings apply to area planning as well as advisory planning
and metropolitan development.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-103
"Metropolitan development law" defined
Sec. 103. The "metropolitan development law" consists of those
parts of this chapter that are applicable to metropolitan development.
Sections and subsections of this chapter with headings that include
"METRO" apply to metropolitan development. In addition, sections
and subsections of this chapter without headings apply to
metropolitan development as well as area planning and advisory
planning.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-104
"Series" defined
Sec. 104. A citation in this chapter to the term "series", preceded
by a numerical designation and two (2) zeroes, shall be construed as
a reference to all the sections of this chapter (including the advisory
planning law, the area planning law, and the metropolitan
development law) that have that same numerical designation.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-105
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-4-106
Prior law construed
Sec. 106. If a provision of the prior advisory planning laws, area
planning laws, township joinder laws, or metropolitan development
laws has been replaced in the same form or in a restated form, by a
provision of this chapter, then a citation to the provision of the prior
law shall be construed as a citation to the corresponding provision of
this chapter.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-200
200 Series_Establishment and membership of commission
Sec. 200. This series (sections 200 through 299 of this chapter)
may be cited as follows: 200 SERIES.COMMISSION
ESTABLISHMENT AND MEMBERSHIP.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-201
Purpose
Sec. 201. (a) For purposes of IC 36-1-3-6, a unit wanting to
exercise planning and zoning powers in Indiana must do so in the
manner provided by this chapter.
(b) The purpose of this chapter is to encourage units to improve
the health, safety, convenience, and welfare of their citizens and to
plan for the future development of their communities to the end:
(1) that highway systems be carefully planned;
(2) that new communities grow only with adequate public way,
utility, health, educational, and recreational facilities;
(3) that the needs of agriculture, forestry, industry, and business
be recognized in future growth;
(4) that residential areas provide healthful surroundings for
family life; and
(5) that the growth of the community is commensurate with and
promotive of the efficient and economical use of public funds.
(c) Furthermore, municipalities and counties may cooperatively
establish single and unified planning and zoning entities to carry out
the purpose of this chapter on a countywide basis.
(d) METRO. Expanding urbanization in each county having a
consolidated city has created problems that have made the unification
of planning and zoning functions a necessity to insure the health,
safety, morals, economic development, and general welfare of the
county. To accomplish this unification, a single planning and zoning
authority is established for the county.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.5; P.L.192-1984, SEC.3; P.L.82-2005, SEC.7.
IC 36-7-4-201.1
Zoning ordinances; satellite receiver antennas and other types of
antennas
Sec. 201.1. A local zoning ordinance that addresses a satellite
receiver antenna and another type of antenna is void unless the
zoning ordinance:
(1) has a reasonable and clearly defined health, safety, or
aesthetic objective;
(2) does not:
(A) impose an unreasonable restriction on or prevent the
reception of satellite signals by satellite receiver antennas;
or
(B) impose costs on the users of satellite receiver antennas
that are excessive in comparison to the purchase and
installation cost of the satellite receiver antennas; and
(3) does not prohibit installation of a satellite receiver antenna
that is not more than two (2) feet in diameter.
As added by P.L.167-1994, SEC.1.
IC 36-7-4-202
Establishment; authorization
Sec. 202. (a) ADVISORY. The legislative body of a county or
municipality may establish by ordinance an advisory plan
commission. In addition, in a county having a population of:
(1) more than one hundred seventy thousand (170,000) but less
than one hundred eighty thousand (180,000); or
(2) more than one hundred eighteen thousand (118,000) but less
than one hundred twenty thousand (120,000);
the legislative bodies of that county and of the city having the largest
population in that county may establish by identical ordinances a
metropolitan plan commission as a department of county
government. These ordinances must specify the legal name of the
commission for purposes of section 404(a) of this chapter.
(b) AREA. There may be established in each county an area
planning department in the county government, having:
(1) an area plan commission;
(2) an area board of zoning appeals;
(3) an executive director; and
(4) such staff as the area plan commission considers necessary.
Each municipality and each county desiring to participate in the
establishment of a planning department may adopt an ordinance
adopting the area planning law, fix a date for the establishment of the
planning department, and provide for the appointment of its
representatives to the commission. When a municipality or a county
adopts such an ordinance, it shall certify a copy of it to each
legislative body within the county. When a county and at least one
(1) municipality within the county each adopt an ordinance adopting
the area planning law and fix a date for the establishment of the
department, the legislative body of the county shall establish the
planning department.
(c) METRO. A metropolitan development commission is
established in the department of metropolitan development of the
consolidated city. The legislative body of the consolidated city may
adopt ordinances to regulate the following:
(1) The time that the commission holds its meetings.
(2) The voting procedures of the commission.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.12-1992,
SEC.163; P.L.164-1995, SEC.15; P.L.170-2002, SEC.152.
IC 36-7-4-203
Establishment; exercise of planning and zoning authority
Sec. 203. (a) ADVISORY. After a metropolitan plan commission
is established, it shall exercise exclusively the planning and zoning
functions of the county and of the second class city, and the separate
planning and zoning functions of the county plan commission and the
city plan commission cease.
(b) AREA. After the planning department is established and the
participating legislative bodies have adopted a zoning ordinance, the
planning department shall exercise exclusively the planning and
zoning functions of the county and of the participating
municipalities, except as provided in section 918 of the area planning
law. Where other statutes confer planning and zoning authority on a
participating municipality or a county, their plan commissions shall
continue to exercise that authority until such time as the planning
department is established and the participating legislative bodies
adopt a zoning ordinance.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.6.
IC 36-7-4-204
Establishment; participation by other municipalities within county
Sec. 204. AREA. After the planning department is established,
other municipalities within the county may adopt ordinances
adopting the area planning law and provide for the appointment of
their representatives to the area plan commission. In such a case, the
membership of the commission shall be increased according to the
formula provided in sections 207, 208, 209, and 211 of the area
planning law, and the authority of a municipal plan commission and
municipal board of zoning appeals ceases, except as provided in
section 918 of the area planning law, as of the time specified in that
ordinance. The composition of any such municipal board of zoning
appeals, or of any such board later organized, under the advisory
planning law, must conform with that law, except that those members
of such a board to be appointed from the municipal plan commission
shall instead be appointed from the area plan commission.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-205
Establishment; extent of territorial authority of comprehensive
plan; inclusion of contiguous unincorporated area; incorporation
of new towns in county
Sec. 205. (a) ADVISORY. A municipal plan commission shall
adopt a comprehensive plan, as provided for under the 500 series of
the advisory planning law, for the development of the municipality.
For comprehensive plans adopted after July 1, 1999, if:
(1) the municipality provides municipal services to the
contiguous unincorporated area; or
(2) the municipal plan commission obtains the approval of the
county legislative body of each affected county;
the municipal plan commission may provide in the comprehensive
plan for the development of the contiguous unincorporated area,
designated by the commission, that is outside the corporate
boundaries of the municipality, and that, in the judgment of the
commission, bears reasonable relation to the development of the
municipality.
(b) ADVISORY. Except as limited by the boundaries of
unincorporated areas subject to the jurisdiction of other municipal
plan commissions, an area designated under this section may include
any part of the contiguous unincorporated area within two (2) miles
from the corporate boundaries of the municipality. If, however, the
corporate boundaries of the municipality or the boundaries of that
contiguous unincorporated area include any part of the public waters
or shoreline of a lake (which lies wholly within Indiana), the
designated area may also include:
(1) any part of those public waters and shoreline of the lake;
and
(2) any land area within two thousand five hundred (2,500) feet
from that shoreline.
(c) ADVISORY. Before exercising their rights, powers, and
duties of the advisory planning law with respect to an area designated
under this section, a municipal plan commission must file, with the
recorder of the county in which the municipality is located, a
description or map defining the limits of that area. If the commission
revises the limits, it shall file, with the recorder, a revised description
or map defining those revised limits.
(d) ADVISORY. If any part of the contiguous unincorporated area
within the potential jurisdiction of a municipal plan commission is
also within the potential jurisdiction of another municipal plan
commission, the first municipal plan commission may exercise
territorial jurisdiction over that part of the area within the potential
jurisdiction of both municipal plan commissions that equals the
product obtained by multiplying a fraction, the numerator of which
is the area within the corporate boundaries of that municipality and
the denominator of which is the total area within the corporate
boundaries of both municipalities times the area within the potential
jurisdiction of both municipal plan commissions. Furthermore, this
commission may exercise territorial jurisdiction within those
boundaries, enclosing an area reasonably compact and regular in
shape, that the municipal plan commission first acting designates.
(e) ADVISORY. If the legislative body of a county adopts a
comprehensive plan and ordinance covering the unincorporated areas
of the county, a municipal plan commission may not exercise
jurisdiction, as provided in this section, over any part of that
unincorporated area unless it is authorized by ordinance of the
legislative body of the county. This ordinance may be initiated by the
county legislative body or by petition duly signed and presented to
the county auditor by:
(1) not less than fifty (50) property owners residing in the area
involved in the petition;
(2) the county plan commission; or
(3) the municipal plan commission.
Before final action on the ordinance by the county legislative body,
the county plan commission must hold an advertised public hearing
as required for other actions of the county plan commission under the
advisory planning law. Upon the passage of the ordinance by the
county legislative body and the subsequent acceptance of jurisdiction
by the municipal plan commission, the municipal plan commission
shall exercise the same rights, powers, and duties conferred in this
section exclusively with respect to the contiguous unincorporated
area. The jurisdiction of a municipal plan commission, as authorized
under this subsection, may be terminated by ordinance at the
discretion of the legislative body of the county, but only if the county
has adopted a comprehensive plan for that area that is as
comprehensive in scope and subject matter as that in effect by
municipal ordinance.
(f) ADVISORY. Each municipal plan commission in a
municipality located in a county having:
(1) a population of less than ninety-five thousand (95,000); and
(2) a county plan commission that has adopted, in accord with
the advisory planning law, a comprehensive plan and ordinance
covering the unincorporated areas of the county;
may, at any time, after filing notice with the county recorder and the
county plan commission, exercise or reject territorial jurisdiction
over any part of the area within two (2) miles of the corporate
boundaries of that municipality and within that county, whether or
not that commission has previously exercised that jurisdiction, if the
municipality is providing municipal services to the area. Within sixty
(60) days after receipt of that notice, the county plan commission and
the county legislative body shall have the county comprehensive plan
and ordinance revised to reflect the decision of the municipal plan
commission exercising the option provided for in this subsection. If
the municipality is not providing municipal services to the area, the
municipal plan commission must obtain the approval of the county
legislative body of each affected county before exercising
jurisdiction.
(g) AREA. Wherever in the area planning law authority is
conferred to establish a comprehensive plan or an ordinance for its
enforcement, the authority applies everywhere:
(1) within the county that is outside the municipalities; and
(2) within each participating municipality.
(h) ADVISORY_AREA. Whenever a new town is incorporated
in a county having a county plan commission or an area plan
commission, that plan commission and its board of zoning appeals
shall continue to exercise territorial jurisdiction within the town until
the effective date of a town ordinance:
(1) establishing an advisory plan commission under section
202(a) of this chapter; or
(2) adopting the area planning law under section 202(b) or 204
of this chapter.
Beginning on that effective date, the planning and zoning functions
of the town shall be exercised under the advisory planning law or
area planning law, as the case may be.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982,
P.L.1, SEC.61; P.L.216-1999, SEC.1.
IC 36-7-4-206
Establishment; extent of territorial authority of nonparticipating
municipality
Sec. 206. AREA. After the planning department is established, a
nonparticipating municipality may not exercise planning and zoning
powers outside its corporate boundaries.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-207
Membership of commission; nonvoting adviser
Sec. 207. (a) ADVISORY. In a city having a park board and a city
civil engineer, the city plan commission consists of nine (9)
members, as follows:
(1) One (1) member appointed by the city legislative body from
its membership.
(2) One (1) member appointed by the park board from its
membership.
(3) One (1) member or designated representative appointed by
the city works board.
(4) The city civil engineer or a qualified assistant appointed by
the city civil engineer.
(5) Five (5) citizen members, of whom no more than three (3)
may be of the same political party, appointed by the city
executive.
(b) ADVISORY. If a city lacks either a park board or a city civil
engineer, or both, subsection (a) does not apply. In such a city or in
any town, the municipal plan commission consists of seven (7)
members, as follows:
(1) The municipal legislative body shall appoint three (3)
persons, who must be elected or appointed municipal officials
or employees in the municipal government, as members.
(2) The municipal executive shall appoint four (4) citizen
members, of whom no more than two (2) may be of the same
political party.
(c) AREA. To provide equitable representation of rural and urban
populations, representation on the area plan commission is
determined as follows:
(1) Seven (7) representatives from each city having a population
of more than one hundred five thousand (105,000).
(2) Six (6) representatives from each city having a population
of not less than seventy thousand (70,000) nor more than one
hundred five thousand (105,000).
(3) Five (5) representatives from each city having a population
of not less than thirty-five thousand (35,000) but less than
seventy thousand (70,000).
(4) Four (4) representatives from each city having a population
of not less than twenty thousand (20,000) but less than
thirty-five thousand (35,000).
(5) Three (3) representatives from each city having a population
of not less than ten thousand (10,000) but less than twenty
thousand (20,000).
(6) Two (2) representatives from each city having a population
of less than ten thousand (10,000).
(7) One (1) representative from each town having a population
of more than two thousand one hundred (2,100), and one (1)
representative from each town having a population of two
thousand one hundred (2,100) or less that had a representative
before January 1, 1979.
(8) Such representatives from towns having a population of not
more than two thousand one hundred (2,100) as are provided
for in section 210 of this chapter.
(9) Six (6) county representatives if the total number of
municipal representatives in the county is an odd number, or
five (5) county representatives if the total number of municipal
representatives is an even number.
(d) METRO. The metropolitan development commission consists
of nine (9) citizen members, as follows:
(1) Four (4) members, of whom no more than two (2) may be of
the same political party, appointed by the executive of the
consolidated city.
(2) Three (3) members, of whom no more than two (2) may be
of the same political party, appointed by the legislative body of
the consolidated city.
(3) Two (2) members, who must be of different political parties,
appointed by the board of commissioners of the county.
(e) METRO. The legislative body of the consolidated city shall
appoint an individual to serve as a nonvoting adviser to the
metropolitan development commission when the commission is
acting as the redevelopment commission of the consolidated city
under IC 36-7-15.1. If the duties of the metropolitan development
commission under IC 36-7-15.1 are transferred to another entity
under IC 36-3-4-23, the individual appointed under this subsection
shall serve as a nonvoting adviser to that entity. A nonvoting adviser
appointed under this subsection:
(1) must also be a member of the school board of a school
corporation that includes all or part of the territory of the
consolidated city;
(2) is not considered a member of the metropolitan development
commission for purposes of IC 36-7-15.1 but is entitled to
attend and participate in the proceedings of all meetings of the
metropolitan development commission (or any successor entity
designated under IC 36-3-4-23) when it is acting as a
redevelopment commission under IC 36-7-15.1;
(3) is not entitled to a salary, per diem, or reimbursement of
expenses;
(4) serves for a term of two (2) years and until a successor is
appointed; and
(5) serves at the pleasure of the legislative body of the
consolidated city.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.44, SEC.53; Acts 1982, P.L.1, SEC.62; P.L.192-1984, SEC.4;
P.L.336-1985, SEC.1; P.L.164-1995, SEC.16; P.L.225-1997, SEC.1;
P.L.32-2004, SEC.1; P.L.146-2008, SEC.718.
IC 36-7-4-208
Membership of commission; county and metropolitan numbers
Sec. 208. (a) ADVISORY. The county plan commission consists
of nine (9) members, as follows:
(1) One (1) member appointed by the county executive from its
membership.
(2) One (1) member appointed by the county fiscal body from
its membership.
(3) The county surveyor or the county surveyor's designee.
(4) The county agricultural extension educator. However, if the
county does not have a county agricultural extension educator,
the county extension board shall select a resident of the county
who is a property owner with agricultural interest to serve on
the commission under this subdivision for a period not to
exceed one (1) year.
(5) Five (5) members appointed in accordance with one (1) of
the following:
(A) Four (4) citizen members, of whom no more than two (2)
may be of the same political party. Each of the four (4)
members must be:
(i) a resident of an unincorporated area of the county; or
(ii) a resident of the county who is also an owner of real
property located in whole or in part in an unincorporated
area of the county;
appointed by the county executive. However at least two (2)
of the citizen members must be residents of the
unincorporated area of the county. Also one (1) township
trustee, who must be a resident of an unincorporated area of
the county appointed by the county executive upon the
recommendation of the township trustees whose townships
are within the jurisdiction of the county plan commission.
(B) Five (5) citizen members, of whom not more than three
(3) may be of the same political party. Each of the five (5)
members must be:
(i) a resident of an unincorporated area of the county; or
(ii) a resident of the county who is also an owner of real
property located in whole or in part in an unincorporated
area of the county;
appointed by the county executive. However at least two (2)
members must be residents of the unincorporated area of the
county.
If a county executive changes the plan commission from having
members described in clause (B) to having members described
in clause (A), the county executive shall appoint a township
trustee to replace the first citizen member whose term expires
and who belongs to the same political party as the township
trustee. Each member appointed to the commission is entitled
to receive compensation for mileage at the same rate and the
same compensation for services as a member of a county
executive, a member of a county fiscal body, a county surveyor,
or an appointee of a county surveyor receives for serving on the
commission, as set forth in section 222.5 of this chapter.
(b) ADVISORY. The metropolitan plan commission consists of
nine (9) members, as follows:
(1) One (1) member appointed by the county legislative body
from its membership.
(2) One (1) member appointed by the second class city
legislative body from its membership.
(3) Three (3) citizen members who:
(A) reside in an unincorporated area of the county; or
(B) reside in the county and also own real property located
in whole or in part in an unincorporated area of the county;
of whom no more than two (2) may be of the same political
party, appointed by the county legislative body. One (1) of these
members must be actively engaged in farming.
(4) Four (4) citizen members, of whom no more than two (2)
may be of the same political party, appointed by the second
class city executive. One (1) of these members must be from the
metropolitan school authority or community school corporation
and a resident of that school district, and the other three (3)
members must be residents of the second class city.
(c) AREA. When there are six (6) county representatives, they are
as follows:
(1) One (1) member appointed by the county executive from its
membership.
(2) One (1) member appointed by the county fiscal body from
its membership.
(3) The county superintendent of schools, or if that office does
not exist, a representative appointed by the school corporation
superintendents within the jurisdiction of the area plan
commission.
(4) One (1) of the following appointed by the county executive:
(A) The county agricultural extension educator.
(B) The county surveyor or the county surveyor's designee.
(5) One (1) citizen member who is:
(A) a resident of the unincorporated area of the county; or
(B) a resident of the county who is also an owner of real
property located in whole or in part in the unincorporated
area of the county;
appointed by the county executive.
(6) One (1) citizen member who is:
(A) a resident of the unincorporated area of the county; or
(B) a resident of the county who is also an owner of real
property located in whole or in part in the unincorporated
area of the county;
appointed by the county fiscal body.
(d) AREA. When there are five (5) county representatives, they
are the representatives listed or appointed under subsection (c)(3),
(c)(4), (c)(5), and (c)(6) and:
(1) the county surveyor or the county surveyor's designee if the
county executive appoints the county agricultural extension
educator under subsection (c)(4); or
(2) the county agricultural extension educator if the county
executive appoints the county surveyor under subsection (c)(4).
(e) AREA. The appointing authority may appoint an alternate
member to participate on a commission established under section 204
of this chapter in a hearing or decision if the regular member it has
appointed is unavailable. An alternate member shall have all of the
powers and duties of a regular member while participating on the
commission.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.7; P.L.354-1983, SEC.1; P.L.40-1993, SEC.67;
P.L.226-1997, SEC.1; P.L.216-1999, SEC.2; P.L.103-2000, SEC.1;
P.L.276-2001, SEC.10; P.L.173-2003, SEC.30; P.L.32-2004, SEC.2.
IC 36-7-4-209
Membership of commission; representatives for a municipality;
numbers; appointments
Sec. 209. (a) AREA. When the number of representatives for a
municipality is two (2), one (1) is a member of the municipal
legislative body appointed by the legislative body and the other is a
citizen member appointed by the municipal executive.
(b) AREA. When the number of representatives for a municipality
is three (3), one (1) is a member of the legislative body appointed by
the legislative body and two (2) are citizen members appointed by
the executive.
(c) AREA. When the number of representatives for a municipality
is four (4), one (1) is a member of the works board or the board of
sanitary commissioners, appointed by the executive, one (1) is a
member of the legislative body appointed by the legislative body, and
two (2) are citizen members appointed by the executive.
(d) AREA. When the number of representatives for a municipality
is five (5) or more, one (1) is a member of the works board or the
board of sanitary commissioners, appointed by the executive, one (1)
is a member of the legislative body appointed by the legislative body,
and the remainder are citizen members appointed by the executive.
(e) AREA. The appointing authority may appoint an alternate
member to participate on the commission established under section
204 of this chapter in a hearing or decision if the regular member it
has appointed is unavailable. An alternate member shall have all of
the powers and duties of a regular member while participating on the
commission.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.226-1997,
SEC.2.
IC 36-7-4-210
Membership of commission; advisory council on town affairs
Sec. 210. (a) AREA. In a county where there are two (2) or more
towns having a population of not more than two thousand one
hundred (2,100) neither of which has a representative on the area
plan commission under section 207(c)(7) of this chapter that are
participating in an area planning department, there is established an
advisory council on town affairs. Each participating legislative body
of such a town shall select one (1) of its members as its
representative on the advisory council. The advisory council shall
meet as soon as possible after the establishment of the planning
department. It shall meet in the town hall of the participating town
having the largest population, on the call of the representative of that
town, who shall act as chairman of the first meeting. Thereafter, the
council shall elect its own chairman.
(b) AREA. The advisory council shall at its first meeting select
from its membership an appropriate number of voting representatives
to the area plan commission. If the advisory council is composed of
five (5) or less, it is entitled to one (1) voting representative on the
area plan commission. If the advisory council is composed of more
than five (5), it is entitled to two (2) voting representatives on the
area plan commission.
(c) AREA. The chairman and the representatives on the advisory
council shall be elected for one (1) year terms, terminating at the end
of the year.
(d) AREA. If there are not any cities located within a county, then
the town having the largest population and participating in the
planning department in the county shall select a citizen member to
serve on the area plan commission. The legislative body of that town
shall appoint that member as prescribed by section 218(e) of this
chapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.8; Acts 1982, P.L.1, SEC.63.
IC 36-7-4-211
Membership of commission; changes
Sec. 211. (a) AREA. Notwithstanding any other provision of the
area planning law, the representation on any area plan commission
may be changed by a similar ordinance adopted by the legislative
body of each unit that is a participant in a planning department or by
the legislative body of each unit that proposes to form a planning
department.
(b) AREA. Each ordinance adopted under this section must
provide for at least one (1) representative from each unit that is a
participant in the planning department.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.9.
IC 36-7-4-212
Membership of commission; certification
Sec. 212. ADVISORY. The clerk of the municipal legislative
body and the secretary of the park board shall certify members
appointed by their respective bodies, and the executive shall certify
his appointments. The certificates shall be sent to and made a part of
the records of the municipal plan commission.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-213
Membership of commission; advisory members
Sec. 213. ADVISORY. If a municipality having a municipal plan
commission is located in a county that has a county plan
commission:
(1) a designated representative of the county plan commission
shall serve as an advisory member of the municipal plan
commission; and
(2) a designated representative of the municipal plan
commission shall serve as an advisory member of the county
plan commission.
Each advisory member has all the privileges of membership, except
the right to vote.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-214
Membership of commission; additional members required for
unincorporated jurisdictional area
Sec. 214. (a) ADVISORY. When a municipal plan commission
exercises jurisdiction outside the incorporated area of the
municipality as provided for in section 205 of the advisory planning
law, the executive of the county in which the unincorporated area is
located shall appoint two (2) additional citizen members to the
municipal plan commission. The citizen members must:
(1) reside in the unincorporated area; and
(2) not be of the same political party.
(b) ADVISORY. Initially, one (1) member under subsection (a)
shall be appointed for a term of one (1) year and the other for a term
of four (4) years. Thereafter, each appointment is for a term of four
(4) years. The additional citizen members are entitled to participate
and vote in all deliberations of the municipal plan commission.
(c) ADVISORY. If the unincorporated area referred to in
subsection (a) lies in two (2) counties, the executive of each of those
counties shall appoint one (1) of the additional citizen members. The
executive of the county having the larger proportion of the
unincorporated area shall appoint its member first, and the executive
of the other county shall then appoint its member, who must not be
of the same political party.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.7-1983,
SEC.37; P.L.220-1986, SEC.8.
IC 36-7-4-215
Membership of commission; additional members allowed for
unincorporated jurisdictional area
Sec. 215. ADVISORY. In addition to the requirements of section
214 of this chapter, the executive of the county may also appoint as
members of a town plan commission additional representatives from
the unincorporated jurisdictional area, if the executive believes the
additional representation is justifiable. The number of appointments
shall be determined as follows:
(1) Two (2) citizen members, if the population of the
jurisdictional area appears to be at least fifty percent (50%) but
not more than one hundred percent (100%) of the population of
the town itself.
(2) Four (4) citizen members, if the population of the
jurisdictional area appears to be greater than that of the town
itself.
These additional members must have the same qualifications and are
entitled to the same terms and privileges as prescribed for the
additional members appointed under section 214 of this chapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.7-1983,
SEC.38.
IC 36-7-4-216
Membership of commission; qualifications of citizen members
Sec. 216. Each citizen member shall be appointed because of the
member's knowledge and experience in community affairs, the
member's awareness of the social, economic, agricultural, and
industrial problems of the area, and the member's interest in the
development and integration of the area. A citizen member may not
hold other elective or appointive office in municipal, county, or state
government, except in the case of an area plan commission
membership on the school board, the park board, or the board of
directors for public utilities or board of trustees for utilities created
under IC 8-1-11.1. A citizen member must be a resident of the
jurisdictional area of the plan commission.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.10; P.L.2-1989, SEC.25.
IC 36-7-4-217
Membership of commission; term of certain appointees
Sec. 217. ADVISORY.AREA. The term of office of a member
(who is appointed from the membership of a legislative body, a park
board, or the advisory council on town affairs) is coextensive with
the member's term of office on that body, board, or council, unless
that body, board, or council appoints, at its first regular meeting in
any year, another to serve as its representative.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-218
Membership of commission; terms and removal of citizen members
Sec. 218. (a) When an initial term of office of a citizen member
expires, each new appointment of a citizen member is:
(1) for a term of four (4) years (in the case of a municipal,
county, or area plan commission);
(2) for a term of three (3) years (in the case of a metropolitan
plan commission); or
(3) for a term of one (1), two (2), or three (3) years, as
designated by the appointing authority (in the case of the
metropolitan development commission).
A member serves until his successor is appointed and qualified. A
member is eligible for reappointment.
(b) ADVISORY. Upon the establishment of a nine (9) member
municipal plan commission, the citizen members shall initially be
appointed for the following terms of office:
(1) One (1) for a term of two (2) years.
(2) Two (2) for a term of three (3) years.
(3) Two (2) for a term of four (4) years.
Upon the establishment of a seven (7) member municipal plan
commission, two (2) citizen members shall initially be appointed for
a term of three (3) years and two (2) shall initially be appointed for
a term of four (4) years. Each member's term expires on the first
Monday of January of the second, third, or fourth year, respectively,
after the year of the member's appointment.
(c) ADVISORY. Upon the establishment of a county plan
commission, the citizen members shall initially be appointed for the
following terms of office:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) Two (2) for a term of four (4) years.
Each member's term expires on the first Monday of January of the
first, second, third, or fourth year, respectively, after the year of the
member's appointment.
(d) ADVISORY. Upon the establishment of a metropolitan plan
commission, the citizen members shall initially be appointed for the
following terms of office:
(1) Three (3) for a term of one (1) year, one (1) appointed by
the county legislative body and two (2) by the city executive.
(2) Two (2) for a term of two (2) years, one (1) by each
appointing authority.
(3) Two (2) for a term of three (3) years, one (1) by each
appointing authority.
(e) AREA. If there is one (1) citizen member on the area plan
commission, his initial term of office is one (1) year. If there are two
(2) citizen members, one (1) shall be appointed for a term of one (1)
year and one (1) for a term of two (2) years. If there are three (3) or
more citizen members, one (1) shall be appointed for a term of one
(1) year, one (1) for a term of two (2) years, one (1) for a term of
three (3) years, and any remainder for a term of four (4) years. Each
member's term expires on the first Monday of January of the first,
second, third, or fourth year, respectively, after the year of the
member's appointment.
(f) ADVISORY.AREA. The appointing authority may remove a
member from the plan commission for cause. The appointing
authority must mail notice of the removal, along with written reasons
for the removal, to the member at his residence address. A member
who is removed may, within thirty (30) days after receiving notice of
the removal, appeal the removal to the circuit or superior court of the
county. The court may, pending the outcome of the appeal, order the
removal or stay the removal of the member.
(g) METRO. The appointing authority may remove a citizen
member from the metropolitan development commission. The
appointing authority must mail notice of the removal, along with
written reasons, if any, for the removal, to the member at his
residence address. A member who is removed may not appeal the
removal to a court or otherwise.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.11; P.L.192-1984, SEC.5.
IC 36-7-4-219
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-4-220
Membership of commission; vacancies
Sec. 220. (a) If a vacancy occurs among the plan commission
members who are appointed, then the appointing authority shall
appoint a member for the unexpired term of the vacating member.
(b) If a vacancy occurs in the office of the county surveyor, then
the county engineer shall be a member of the plan commission during
the time the office of the county surveyor is vacant.
(c) An appointed member who misses three (3) consecutive
regular meetings of the metropolitan development commission shall
be treated as if the member had resigned, unless the appointing
authority reaffirms the member's appointment.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.12; P.L.23-1991, SEC.39.
IC 36-7-4-221
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-4-222
Membership of commission; expenses
Sec. 222. If a plan commission determines that it is necessary or
desirable for members or employees to join a professional
organization or to attend a conference or interview dealing with
planning or related problems, the commission may pay the applicable
membership fees and all actual expenses of the members or
employees, if that amount has been appropriated by the fiscal body
of the unit.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.13; P.L.192-1984, SEC.6.
IC 36-7-4-222.5
Plan commission members belonging to county executive or fiscal
bodies; mileage and compensation
Sec. 222.5. Notwithstanding IC 36-2-7-2, a member of a county
executive, a member of a county fiscal body, a county surveyor, or
an appointee of a county surveyor who is also a member of a plan
commission is entitled to receive the following:
(1) A sum for mileage for each mile necessarily traveled while
performing the duties of a plan commission member in an
amount determined by the county fiscal body.
(2) A sum for compensation for services as a member of the
plan commission in an amount that the county fiscal body may
determine for attendance at meetings of the plan commission.
As added by P.L.356-1989(ss), SEC.1. Amended by P.L.154-1993,
SEC.3; P.L.10-1997, SEC.34.
IC 36-7-4-223
Membership of commission; conflict of interest; zoning matters
Sec. 223. (a) As used in this section, "zoning matter" does not
include the preparation or adoption of a comprehensive plan.
(b) A member of a plan commission or a legislative body may not
participate as a member of the plan commission or legislative body
in a hearing or decision of that commission or body concerning a
zoning matter in which the member has a direct or indirect financial
interest. The commission or body shall enter in its records the fact
that its member has such a disqualification.
(c) A member of a plan commission or a legislative body may not
directly or personally represent another person in a hearing before
that commission or body concerning a zoning matter.
(d) A member of a plan commission may not receive any mileage
or compensation under section 222.5 of this chapter for attendance
at a meeting if the member is disqualified under subsection (b)
during any part of the meeting.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.14; P.L.154-1993, SEC.4.
IC 36-7-4-300
300 Series_Organization of commission
Sec. 300. This series (sections 300 through 399 of this chapter)
may be cited as follows: 300 SERIES.COMMISSION
ORGANIZATION.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-301
Organization; quorum
Sec. 301. A quorum consists of a majority of the entire
membership of the plan commission, who are qualified by this
chapter to vote.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-302
Organization; official action
Sec. 302. (a) ADVISORY.AREA. Action of a plan commission
is not official, unless it is authorized, at a regular or special meeting,
by a majority of the entire membership of the plan commission.
(b) METRO. Action of the metropolitan development commission
is not official, unless it is authorized, at a regular or special meeting,
by:
(1) at least six (6) members, when at least ten (10) members are
present at the meeting;
(2) at least five (5) members, when eight (8) or nine (9)
members are present at the meeting; or
(3) at least four (4) members, when fewer than eight (8)
members are present at the meeting.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982,
P.L.212, SEC.1; P.L.192-1984, SEC.7; P.L.164-1995, SEC.17.
IC 36-7-4-303
Organization; president and vice president
Sec. 303. At its first regular meeting in each year, the plan
commission shall elect from its members a president and a vice
president. The vice president may act as president of the plan
commission during the absence or disability of the president.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-304
Organization; secretary
Sec. 304. The plan commission may appoint and fix the duties of
a secretary, who is not required to be a member of the commission.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.15.
IC 36-7-4-305
Organization; offices and property
Sec. 305. (a) ADVISORY. The municipality or the county shall
provide suitable offices for the holding of advisory plan commission
meetings and for preserving the plans, maps, accounts, and other
documents of the commission.
(b) AREA. After the establishment of the planning department,
the county plan commission and participating municipal plan
commissions shall transfer their property to the planning department.
(c) AREA. Except as may be necessary for the exercise of the
powers reserved to municipal boards of zoning appeals by the 900
series of this chapter, all ordinances, maps, reports, minute books,
documents, and correspondence of any municipal or county plan
commission or board of zoning appeals within the jurisdiction of a
planning department shall be made available to or transferred to the
plan commission on its written request. The plan commission shall
procure suitable offices for the conduct of its work and the work of
the planning department.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.192-1984,
SEC.8.
IC 36-7-4-306
Organization; regular meetings and minutes
Sec. 306. The plan commission shall fix the time for holding
regular meetings each month or as necessary. The commission shall
keep minutes of its meetings. The minutes of commission meetings
and all records shall be filed in the office of the commission and are
public records.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.16.
IC 36-7-4-307
Organization; special meetings
Sec. 307. Special meetings of a plan commission may be called by
the president or by two (2) members of the commission upon written
request to the secretary. The secretary shall send to all members, at
least three (3) days before the special meeting, a written notice fixing
the time and place of the meeting. Written notice of a special meeting
is not required if:
(1) the date, time, and place of a special meeting are fixed in a
regular meeting; and
(2) all members of the commission are present at that regular
meeting.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.17.
IC 36-7-4-308
Organization; appropriations
Sec. 308. (a) ADVISORY. After a legislative body has adopted an
ordinance establishing a municipal or county plan commission, the
fiscal body of the municipality or the county, as the case may be,
may make appropriations to carry out the duties of the commission.
(b) ADVISORY. After a metropolitan plan commission is
established, the commission shall use all amounts previously
appropriated to, but unexpended by, the county plan commission and
the second class city plan commission without any further
appropriation or transfer. Then the county fiscal body shall
appropriate all necessary amounts for the use of the commission, but
the city legislative body may appropriate additional amounts for the
use of the commission. These amounts shall be deposited with the
county treasurer in a fund to be known as the metropolitan planning
fund.
(c) AREA. After the planning department is established, the
county fiscal body shall appropriate and make available to the
planning department an amount equal to three cents ($.03) per person
per month for each person in the county's population. This amount is
to finance the planning department's operation from its establishment
until appropriations are available to it through regular county budget
and appropriation procedures. The county fiscal body shall
appropriate sufficient amounts to the planning department to insure
the continued functioning of the planning department within the
participating units. This appropriation shall be made in conformity
with the fiscal body's policy regarding the operating budgets of the
various divisions of county government.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-309
Organization; expenditures
Sec. 309. ADVISORY.AREA. Each plan commission may
expend, in accord with applicable municipal or county fiscal
procedures, all amounts appropriated to it for the purposes and
activities authorized by this chapter. In the case of a metropolitan
plan commission, at the end of each fiscal year, any unexpended part
of the metropolitan planning fund appropriated by the county reverts
to the county general fund, and any unexpended part appropriated by
the second class city reverts to the city general fund.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-310
Organization; gifts and grants
Sec. 310. (a) A municipality (in the case of a municipal plan
commission or the metropolitan development commission) or a
county (in the case of a county plan commission, a metropolitan plan
commission, or an area plan commission) may accept gifts,
donations, and grants from private or governmental sources for
advisory plan commission purposes or planning department
purposes, as the case may be.
(b) Any money so accepted shall be deposited with the
municipality or the county, as the case may be, in a special
nonreverting plan commission fund to be available for expenditures
by the plan commission for the purpose designated by the source.
The fiscal officer of the municipality or the county shall draw
warrants against the special nonreverting fund only on vouchers
signed by the president and secretary of the commission.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-311
Organization; staff and services; executive director; compensation
Sec. 311. (a) ADVISORY. The advisory plan commission may
appoint, prescribe the duties, and fix the compensation of such
employees as are necessary for the discharge of the duties of the
commission. This compensation must be in conformity with salaries
and compensation fixed up to that time by the fiscal body of the
municipality or county, as the case may be. The commission may
contract for special or temporary services and any professional
counsel.
(b) AREA. The area plan commission shall appoint an executive
director for the planning department and fix the director's
compensation. To be qualified for the position, the executive director
must have training and experience in the field of planning and
zoning. The commission may not give any consideration to political
affiliation in the appointment of the executive director.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.18; P.L.260-1993, SEC.1; P.L.165-2003, SEC.3.
IC 36-7-4-312
Organization; duties of executive director
Sec. 312. AREA. Under the direction of the area plan
commission, the executive director shall:
(1) propose annually a plan for the operation of the planning
department;
(2) administer the plan as approved by the commission;
(3) supervise the general administration of the planning
department;
(4) keep the records of the planning department and be
responsible for the custody and preservation of all papers and
documents of the planning department;
(5) subject to the approval of the commission, appoint and
remove the employees of the planning department, according to
the standards and qualifications fixed by the commission and
without regard to political affiliation;
(6) prepare and present to the commission an annual report; and
(7) perform such other duties as the commission may direct.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-400
400 Series_Duties and powers of commission
Sec. 400. This series (sections 400 through 499 of this chapter)
may be cited as follows: 400 SERIES.COMMISSION DUTIES
AND POWERS.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-401
Duties; advisory planning; area planning
Sec. 401. (a) Each plan commission shall:
(1) supervise, and make rules for, the administration of the
affairs of the commission (in the case of an advisory plan
commission) or of the planning department (in the case of an
area plan commission or a metropolitan development
commission);
(2) prescribe uniform rules pertaining to investigations and
hearings;
(3) keep a complete record of all the departmental proceedings;
(4) record and file all bonds and contracts and assume
responsibility for the custody and preservation of all papers and
documents of the commission (in the ca