Indiana Code 36-7-4

of zoning appeals is required by the area planning law.
    (c) METRO. The metropolitan development commission shall delegate authority to employees of the department of metropolitan development to perform all ministerial acts in all cases except where final action of the commission or a board of zoning appeals is required by the metropolitan development law.
    (d) The plan commission may designate a hearing examiner or a committee of the commission to conduct any public hearing required to be held by the commission. Such a hearing must be held upon the same notice and under the same rules as a hearing before the entire commission, and the examiner or committee shall report findings of fact and recommendations for decision to the commission. The commission shall by rule provide reasonable opportunity for interested persons to file exceptions to the findings and recommendations, and if any exception is filed in accordance with those rules, the commission shall hold the prescribed hearing. If no exception is filed, the commission shall render its decision without further hearing.
    (e) METRO. The metropolitan development commission may designate a historic preservation commission created under IC 36-7-11.1-3 to conduct the public hearing required to be held by the metropolitan development commission under the 600 series of this chapter relative to the territory included in a historic area or historic zoning district created under IC 36-7-11.1-6. The hearing must be held upon the same notice and under the same rules as a hearing before the metropolitan development commission. The historic preservation commission shall report to the metropolitan development commission the historic preservation commission's findings of fact and recommendations for decision. The metropolitan development commission shall by rule provide reasonable opportunity for interested persons to file exceptions to the findings and recommendations. If an exception is filed in accordance with the rules, the metropolitan development commission shall hold the prescribed hearing. If an exception is not filed, the metropolitan development commission shall render a decision without further hearing. However, this subsection does not eliminate the need for a historic preservation commission to issue a certificate of appropriateness under IC 36-7-11.1-8(e) before the approval of a rezoning by the metropolitan development commission.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.19; P.L.321-1995, SEC.1.

IC 36-7-4-403
Repealed
(Repealed by P.L.12-1983, SEC.24.)

IC 36-7-4-403.5
Duties; powers; combined hearing procedure
Sec. 403.5. (a) METRO. If authorized by a zoning ordinance, the plan commission may designate a hearing examiner or committee of

the commission to conduct a combined hearing procedure relative to developments that require more than one (1) hearing under this chapter. In conducting the combined hearing procedure under this section, the hearing examiner or committee of the commission may exercise the following:
        (1) Powers of the hearing examiner under section 402(d) in relation to the 600 series of this chapter.
        (2) Powers of the plat committee under the 700 series of this chapter.
        (3) Powers of a board of zoning appeals under the 900 series of this chapter.
    (b) Decisions of the hearing examiner or committee of the plan commission under the combined hearing procedure may be excepted to or appealed as follows:
        (1) Decisions under the authority of section 402(d) in relation to powers granted under the 600 series of this chapter shall be excepted to in the same manner as exceptions may be filed to decisions of the hearing examiner or committee under section 402(d).
        (2) Decisions under the authority of the 700 series of this chapter shall be appealed to the plan commission in the same manner as decisions of the plat committee may be appealed.
        (3) Decisions under the authority of the 900 series of this chapter shall be appealed to the plan commission, within five (5) days after the decision is rendered and the plan commission shall consider the petition in the same manner as the petition would be considered by a board of zoning appeals.
    (c) The plan commission shall make rules governing the hearing of cases under the combined hearing procedure. The rules may not require a petitioner or an applicant to use the combined hearing procedure authorized under this section.
As added by P.L.321-1995, SEC.2.

IC 36-7-4-404
Power to sue and be sued; costs
     Sec. 404. (a) ADVISORY. Each advisory plan commission shall sue and be sued collectively by its legal name, styled according to the municipality or county, "__________ Plan Commission", with service of process on the executive director or the president of the commission. No costs may be taxed against the commission or any of its members in any action.
    (b) AREA. Each area plan commission shall sue and be sued collectively by its legal name, styled "The Area Plan Commission of __________ County" or a similar title adopted by official resolution of the commission, with service of process on the executive director or by leaving a copy at the office of the commission. No costs may be taxed against the commission or any of its members in any action.
    (c) METRO. The metropolitan development commission shall sue and be sued collectively by its legal name, styled "The Metropolitan Development Commission of __________ County", with service of

process on the director of the department of metropolitan development or by leaving a copy at the office of the department. No costs may be taxed against the commission or any of its members in any action.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.192-1984, SEC.9.

IC 36-7-4-405
Duties of plan commission; street names and numbers; areas not subject to plan commission; notice; development plans
     Sec. 405. (a) ADVISORY . AREA. Each plan commission shall:
        (1) make recommendations to the legislative body or bodies concerning:
            (A) the adoption of the comprehensive plan and amendments to the comprehensive plan;
            (B) the adoption or text amendment of:
                (i) an initial zoning ordinance;
                (ii) a replacement zoning ordinance; and
                (iii) a subdivision control ordinance;
            (C) the adoption or amendment of a PUD district ordinance (as defined in section 1503 of this chapter); and
            (D) zone map changes; and
        (2) render decisions concerning and approve plats, replats, and amendments to plats of subdivisions under the 700 series of this chapter.
    (b) Each plan commission:
        (1) shall assign street numbers to lots and structures;
        (2) shall renumber lots and structures; and
        (3) if the plan commission does not have the power under an ordinance adopted under subsection (c) to name or rename streets, may recommend the naming and renaming of streets to the executive.
    (c) The executive shall name or rename streets. However, a unit may provide by ordinance that the plan commission rather than the executive shall name or rename streets. Streets shall be named or renamed so that their names are easy to understand and to avoid duplication or conflict with other names. The plan commission may, by rule, prescribe a numbering system for lots and structures.
    (d) This subsection applies to a plan commission having jurisdiction in a county with a population of at least four hundred thousand (400,000). The plan commission shall number structures on highways within the plan commission's jurisdiction to conform with the numbers of structures on streets within cities in the county.
    (e) This subsection applies to unincorporated areas subject to the jurisdiction of no plan commission under this article. The county executive:
        (1) must approve the assignment of street numbers to lots and structures; and
        (2) may number or renumber lots and structures and name or rename streets.

    (f) This subsection applies to areas located within a municipality that are subject to the jurisdiction of no plan commission under this article. The executive of the municipality:
        (1) must approve the assignment of street numbers to lots and structures; and
        (2) may number or renumber lots and structures and name or rename streets.
    (g) An executive acting under subsection (e) or (f) shall name or rename streets:
        (1) so that their names are easy to understand; and
        (2) to avoid duplication or conflict with other names.
    (h) If streets are named or renamed or lots and structures are numbered or renumbered under this section, the commission or executive that makes the naming or numbering decision shall notify:
        (1) the circuit court clerk or board of registration;
        (2) the administrator of the enhanced emergency telephone system established under IC 36-8-16, if any;
        (3) the United States Postal Service; and
        (4) any person or body that the commission or executive considers appropriate to receive notice;
of its action no later than the last day of the month following the month in which the action is taken.
    (i) Each plan commission shall make decisions concerning development plans and amendments to development plans under the 1400 series of this chapter, unless the responsibility to render decisions concerning development plans has been delegated under section 1402(c) of this chapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.21; P.L.13-1988, SEC.21; P.L.119-1989, SEC.2; P.L.260-1993, SEC.2; P.L.320-1995, SEC.4.

IC 36-7-4-405.5
Conversion of rural route addresses
     Sec. 405.5. (a) This section applies to a county where any territory contains rural route addresses.
    (b) Each plan commission shall develop a plan for converting rural route addresses within the county to numbered addresses under section 405 of this chapter.
    (c) This subsection applies to a county or part of a county that is not under the jurisdiction of a plan commission. The county executive shall develop a plan for converting rural route addresses within the county (or part of a county) to numbered addresses under section 405 of this chapter.
    (d) A plan adopted under this section must specify a date by which the plan commission or county executive intends to complete the conversion of rural route addresses to numbered addresses.
As added by P.L.3-1995, SEC.153.

IC 36-7-4-406
Repealed

(Repealed by P.L.220-1986, SEC.32.)

IC 36-7-4-407
Duties; powers; advisory citizens' committees
     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) study the subject and problems specified by the commission and recommend to the commission additional problems in need of study;
        (2) advise the commission concerning how the subject and problems relate particularly to different areas and groups in the community; and
        (3) if invited by the commission to do so, sit with and participate, without the right to vote, in the deliberations of the commission, when subjects of mutual concern are discussed.
A committee shall report only to the commission and shall make inquiries and reports only on the subject and problems specified by the commission's resolution establishing the committee.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.22.

IC 36-7-4-408
Powers; executive committee
     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 of rules governing its operation requires a two-thirds (2/3) majority vote of the entire membership of the commission.
    (b) A majority of the executive committee may act in the name of the commission; but if there are any dissenting votes, a person voting in the minority may appeal the decision of the executive committee to the commission.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.23.

IC 36-7-4-409
Powers; grants-in-aid
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 commission may enter into grants-in-aid agreements under that act as amended and any other act relating to planning and zoning.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.24.

IC 36-7-4-410
Powers; county-municipal plan commission
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. A county plan commission so designated has for that municipality all the powers and duties granted, under the advisory planning law, to a municipal plan commission. Any municipality designating a county plan commission as its municipal plan commission may contract annually to pay the county a proportionate part of the expenses that is properly chargeable to the planning service rendered that municipality. The county shall appropriate these payments to the county plan commission in addition to any sums budgeted for planning purposes.
(b) ADVISORY. Whenever a municipality designates a county plan commission as its municipal plan commission under subsection (a), residents of that municipality are eligible to be appointed citizen members of the commission under section 208(a)(5) of this chapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.192-1984, SEC.10.

IC 36-7-4-411
Powers; fees
     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 permits; and
        (3) other official actions taken under this chapter.
As added by Acts 1981, P.L.310, SEC.25. Amended by P.L.192-1984, SEC.11.

IC 36-7-4-500
500 Series_Comprehensive plan
Sec. 500. This series (sections 500 through 599 of this chapter) may be cited as follows: 500 SERIES.COMPREHENSIVE PLAN.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-501
Comprehensive plan; requirement; approval; purpose
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 commission shall prepare the comprehensive plan.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.26; P.L.335-1985, SEC.3.

IC 36-7-4-502

Comprehensive plan; contents
     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 public ways, public places, public lands, public structures, and public utilities.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.27; P.L.335-1985, SEC.4.

IC 36-7-4-503
Comprehensive plan; additional contents
     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, and descriptive material presenting basic information, locations, extent, and character of any of the following:
            (A) History, population, and physical site conditions.
            (B) Land use, including the height, area, bulk, location, and use of private and public structures and premises.
            (C) Population densities.
            (D) Community centers and neighborhood units.
            (E) Areas needing redevelopment and conservation.
            (F) Public ways, including bridges, viaducts, subways, parkways, and other public places.
            (G) Sewers, sanitation, and drainage, including handling, treatment, and disposal of excess drainage waters, sewage, garbage, refuse, and other wastes.
            (H) Air, land, and water pollution.
            (I) Flood control and irrigation.
            (J) Public and private utilities, such as water, light, heat, communication, and other services.
            (K) Transportation, including rail, bus, truck, air and water transport, and their terminal facilities.
            (L) Local mass transit, including taxicabs, buses, and street, elevated, or underground railways.
            (M) Parks and recreation, including parks, playgrounds, reservations, forests, wildlife refuges, and other public places of a recreational nature.
            (N) Public buildings and institutions, including governmental administration and service buildings, hospitals, infirmaries, clinics, penal and correctional institutions, and other civic and social service buildings.
            (O) Education, including location and extent of schools and

postsecondary educational institutions.
            (P) Land utilization, including agriculture, forests, and other uses.
            (Q) Conservation of energy, water, soil, and agricultural and mineral resources.
            (R) Any other factors that are a part of the physical, economic, or social situation within the jurisdiction.
        (3) Reports, maps, charts, and recommendations setting forth plans and policies for the development, redevelopment, improvement, extension, and revision of the subjects and physical situations (set out in subdivision (2) of this section) of the jurisdiction so as to substantially accomplish the purposes of this chapter.
        (4) A short and long range development program of public works projects for the purpose of stabilizing industry and employment and for the purpose of eliminating unplanned, unsightly, untimely, and extravagant projects.
        (5) A short and long range capital improvements program of governmental expenditures so that the development policies established in the comprehensive plan can be carried out and kept up-to-date for all separate taxing districts within the jurisdiction to assure efficient and economic use of public funds.
        (6) A short and long range plan for the location, general design, and assignment of priority for construction of thoroughfares in the jurisdiction for the purpose of providing a system of major public ways that allows effective vehicular movement, encourages effective use of land, and makes economic use of public funds.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.28; P.L.335-1985, SEC.5; P.L.220-1986, SEC.9; P.L.185-2005, SEC.6; P.L.2-2007, SEC.386.

IC 36-7-4-504
Comprehensive plan; consideration of policy and pattern; validation, continuance, and consolidation of preexisting plans
     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:
        (1) authorization, acceptance, or construction of water mains, sewers, connections, facilities, or utilities;
        (2) authorization, construction, alteration, or abandonment of public ways, public places, public lands, public structures, or public utilities; and
        (3) adoption, amendment, or repeal of zoning ordinances, including zone maps and PUD district ordinances (as defined in section 1503 of this chapter), subdivision control ordinances, historic preservation ordinances, and other land use ordinances.

(b) A comprehensive plan or master plan adopted or approved under any prior law is validated and continues in effect as the comprehensive plan for the plan commission in existence on September 1, 1986, or any successor plan commission until the plan becomes a part of or is amended or superseded by the comprehensive plan of the latter plan commission. In addition, a thoroughfare plan adopted or approved under any prior law is validated and continues in effect as a part of the comprehensive plan on and after September 1, 1986, until the thoroughfare plan is amended or superseded by changes in the comprehensive plan approved under this chapter.
(c) AREA. To effect the consolidation of the various plans and ordinances in force in the county and in the participating municipality into one (1) comprehensive plan, the area plan commission shall approve the comprehensive plans of the participating municipalities as its first comprehensive plan. The commission shall also recommend under applicable law to the participating legislative bodies, without amendment, the adoption of the zoning, subdivision control, thoroughfare, and other ordinances relating to the jurisdiction of the participating legislative body. If lands within the jurisdiction of the commission are not regulated by zoning ordinances, the commission shall classify those lands as residential or agricultural, until they can conduct such land use studies as are necessary for reclassification and zoning. Because the unification of the planning and zoning function is of an emergency character, the commission and the participating legislative bodies shall initially adopt these preliminary plans and ordinances by simple resolution, to continue in effect until finally adopted in conformity with the area planning law.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.6; P.L.220-1986, SEC.10; P.L.320-1995, SEC.5.

IC 36-7-4-504.5
Comprehensive plan; township advisory committee
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 township, a majority of whom shall be nominated by the township legislative body.
(b) An advisory committee created under subsection (a) must include a representative of the affected township legislative body as determined by procedures established in an ordinance adopted by the legislative body of the consolidated city.
As added by P.L.164-1995, SEC.18.

IC 36-7-4-505
Comprehensive plan; requests for related information
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 the comprehensive plan.
(b) All officials and departments of state government and of the political subdivisions operating within lands under the jurisdiction of the plan commission shall comply with requests under subsection (a).
(c) All officials of public and private utilities operating within lands under the jurisdiction of the plan commission shall comply with requests under subsection (a) to furnish public information.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.29; P.L.335-1985, SEC.7.

IC 36-7-4-506
Thoroughfare plans included in comprehensive plans; location, change, vacation, or improvement of thoroughfares
     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), does not constitute the opening, establishment, or acceptance of land for public way purposes.
    (c) After a thoroughfare plan has been included in the comprehensive plan, thoroughfares may be located, changed, widened, straightened, or vacated only in the manner indicated by the comprehensive plan.
    (d) After a thoroughfare plan has been included in the comprehensive plan, the plan commission may recommend to the agency responsible for constructing thoroughfares in the jurisdiction the order in which thoroughfare improvements should be made.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.30; P.L.335-1985, SEC.8; P.L.220-1986, SEC.11.

IC 36-7-4-507
Comprehensive plan; notice and hearings before adoption
     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 state the time and place of each hearing, and state where the entire plan is on file and may be examined in its entirety for at least ten (10) days before the hearing.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.18; P.L.335-1985, SEC.9.

IC 36-7-4-508
Comprehensive plan; adoption; certification; plan and summary availability for inspection

     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 approve each segment of the comprehensive plan as it is completed. However, that approval does not preclude future examination and amendment of the comprehensive plan under the 500 series.
    (d) METRO. As used in this subsection, "comprehensive plan" or "plan" includes any segment of a comprehensive plan. Approval of the comprehensive plan by the metropolitan development commission is final. However, the commission may certify the comprehensive plan to the legislative body of each municipality in the county, to the executive of the consolidated city, and to any other governmental entity that the commission wishes. The commission shall make a complete copy of the plan available for inspection in the office of the plan commission. One (1) summary of the plan shall be recorded in the county recorder's office. The summary of the plan must identify the following:
        (1) The major components of the plan.
        (2) The geographic area subject to the plan, including the townships or parts of townships that are subject to the plan.
        (3) The date the commission adopted the plan.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.10; P.L.31-1994, SEC.11.

IC 36-7-4-509
Comprehensive plan; legislative approval, rejection, or amendment
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 the executive of the adopting unit, and the executive is not required to sign it.
(b) ADVISORY.AREA. The comprehensive plan is not effective for a jurisdiction until it has been approved by a resolution of its legislative body. After approval by resolution of the legislative body of the unit, it is official for each unit that approves it. Upon approval of the comprehensive plan by the legislative body, the clerk of the legislative body shall place one (1) copy of the comprehensive plan on file in the office of the county recorder.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.11; P.L.220-1986, SEC.12.

IC 36-7-4-510
Comprehensive plan; procedure following legislative rejection or amendment
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) ADVISORY.AREA. The commission has sixty (60) days in which to consider the rejection or amendment and to file its report with the legislative body. However, the legislative body may grant the commission an extension of time, of specified duration, in which to file its report. If the commission approves the amendment, the comprehensive plan stands, as amended by the legislative body, as of the date of the filing of the commission's report with the legislative body. If the commission disapproves the rejection or amendment, the action of the legislative body on the original rejection or amendment stands only if confirmed by another resolution of the legislative body.
(c) ADVISORY.AREA. If the commission does not file a report with the legislative body within the time allotted under subsection (b), the action of the legislative body in rejecting or amending the comprehensive plan becomes final.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.31; P.L.335-1985, SEC.12; P.L.220-1986, SEC.13.

IC 36-7-4-511
Comprehensive plan; amendment approval; preparation and submission of amendments
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 manner as any other amendment to the comprehensive plan. The commission shall prepare and submit the amendment within sixty (60) days after the formal written request by the legislative body. However, the legislative body may grant the commission an extension of time, of specified duration, in which to prepare and submit the amendment.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.13; P.L.220-1986, SEC.14.

IC 36-7-4-512
Comprehensive plan; capital improvement projects
     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 before a governmental entity within the county:
        (1) undertakes or acquires any such capital improvement project;
        (2) starts the required proceedings to spend money or let contracts for such a project; or
        (3) authorizes the issuance of bonds for the purpose of financing such a project;

the governmental entity must notify the metropolitan development commission in writing of the location, cost, and nature of the project. The commission may by rule limit the kinds of capital improvement projects that are subject to the notification requirement of this section. The commission may designate an agency responsible for fiscal analyses or control to receive notifications required by this section.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.32; P.L.335-1985, SEC.14.

IC 36-7-4-600
600 Series_Zoning ordinance
Sec. 600. This series (sections 600 through 699 of this chapter) may be cited as follows: 600 SERIES.ZONING ORDINANCE.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-601
Zoning ordinance; powers and duties of legislative body
     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 the jurisdiction under the 500 series of this chapter.
    (b) When it adopts a zoning ordinance, the legislative body shall:
        (1) designate the geographic area over which the plan commission shall exercise jurisdiction; and
        (2) incorporate by reference into the ordinance zone maps, as prepared by the plan commission under subsection (e).
    (c) When it adopts a zoning ordinance, the legislative body shall act for the purposes of:
        (1) securing adequate light, air, convenience of access, and safety from fire, flood, and other danger;
        (2) lessening or avoiding congestion in public ways;
        (3) promoting the public health, safety, comfort, morals, convenience, and general welfare; and
        (4) otherwise accomplishing the purposes of this chapter.
    (d) For the purposes described in subsection (c), the legislative body may do the following in the zoning ordinance:
        (1) Establish one (1) or more districts, which may be for agricultural, commercial, industrial, residential, special, or unrestricted uses and any subdivision or combination of these uses. A district may include geographic areas that are not contiguous. A geographic area may be subject to more than one (1) district.
        (2) In each district, regulate how real property is developed, maintained, and used. This regulation may include:
            (A) requirements for the area of front, rear, and side yards, courts, other open spaces, and total lot area;
            (B) requirements for site conditions, signs, and nonstructural

improvements, such as parking lots, ponds, fills, landscaping, and utilities;
            (C) provisions for the treatment of uses, structures, or conditions that are in existence when the zoning ordinance takes effect;
            (D) restrictions on development in areas prone to flooding;
            (E) requirements to protect the historic and architectural heritage of the community;
            (F) requirements for structures, such as location, height, area, bulk, and floor space;
            (G) restrictions on the kind and intensity of uses;
            (H) performance standards for the emission of noises, gases, heat, vibration, or particulate matter into the air or ground or across lot lines;
            (I) standards for population density and traffic circulation; and
            (J) any other provisions that are necessary to implement the purposes of the zoning ordinance.
        (3) Designate zoning districts in areas having special development problems or needs for compatibility in which a plan commission shall:
            (A) approve or disapprove development plans under the 1400 series of this chapter; and
            (B) ensure that a development plan approved under this subdivision is consistent with the comprehensive plan and the development requirements specified in the zoning ordinance.
        (4) Provide for planned unit development through adoption and amendment of zoning ordinances, including PUD district ordinances (as defined in section 1503 of this chapter).
        (5) Establish in which districts the subdivision of land may occur.
    (e) When it prepares a proposal to initially adopt a zoning ordinance for a jurisdiction, the plan commission shall also prepare zone maps. The purpose of the zone maps is to indicate the districts into which the incorporated areas and unincorporated areas, if any, are divided.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.212, SEC.2; P.L.355-1983, SEC.1; P.L.335-1985, SEC.15; P.L.220-1986, SEC.15; P.L.320-1995, SEC.6.

IC 36-7-4-602
Zoning ordinance; procedures for adoption of ordinances, amendments, and map changes
     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 the proposal.
        (2) The plan commission must prepare the proposal so that it is

require the plan commission to prepare it.)
        (2) The plan commission or petitioners must prepare the proposal so that it is consistent with section 601 of this chapter.
        (3) The plan commission and the legislative body both must comply with section 603 of this chapter.
        (4) The plan commission must give notice and hold a public hearing under section 604 of this chapter.
        (5) The plan commission must certify the proposal to the legislative body under section 605 of this chapter.
        (6) The legislative body must consider the proposal under section 608 of this chapter, and section 608 governs whether the proposal is adopted or defeated.
        (7) If the proposal is adopted under section 608 of this chapter, the plan commission must update the zone maps that it keeps available under section 610 of this chapter.
        (8) The zone map changes take effect as described in section 610 of this chapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.19; P.L.335-1985, SEC.16; P.L.220-1986, SEC.16.

IC 36-7-4-603
Zoning ordinance; preparation and consideration of proposals
     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 desirable use for which the land in each district is adapted;
        (4) the conservation of property values throughout the jurisdiction; and
        (5) responsible development and growth.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.17; P.L.220-1986, SEC.17.

IC 36-7-4-604
Zoning ordinance; notice and hearing before certification of proposed ordinance; prohibited communications
     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 notice must state:
        (1) the time and place of the hearing;
        (2) either:
            (A) in the case of a proposal under section 606 or 607 of this chapter, the geographic areas (or zoning districts in a specified geographic area) to which the proposal applies; or
            (B) in the case of a proposal under section 608 of this

chapter, the geographic area that is the subject of the zone map change;
        (Subdivision (2) does not require the identification of any real property by metes and bounds.)
        (3) either:
            (A) in the case of a proposal under section 606 of this chapter, a summary (which the plan commission shall have prepared) of the subject matter contained in the proposal (not the entire text of the ordinance);
            (B) in the case of a proposal under section 607 of this chapter, a summary (which the plan commission shall have prepared) of the subject matter contained in the proposal (not the entire text) that describes any new or changed provisions; or
            (C) in the case of a proposal under section 608 of this chapter, a description of the proposed change in the zone maps;
        (4) if the proposal contains or would add or amend any penalty or forfeiture provisions, the entire text of those penalty or forfeiture provisions;
        (5) the place where a copy of the proposal is on file for examination before the hearing;
        (6) that written objections to the proposal that are filed with the secretary of the commission before the hearing will be considered;
        (7) that oral comments concerning the proposal will be heard; and
        (8) that the hearing may be continued from time to time as may be found necessary.
    (c) The plan commission shall also provide for due notice to interested parties at least ten (10) days before the date set for the hearing. The commission shall by rule determine who are interested parties, how notice is to be given to interested parties, and who is required to give that notice. However, if the subject matter of the proposal abuts or includes a county line (or a county line street or road or county line body of water), then all owners of real property to a depth of two (2) ownerships or one-eighth (1/8) of a mile into the adjacent county, whichever is less, are interested parties who must receive notice under this subsection.
    (d) The hearing must be held by the plan commission at the place stated in the notice. The commission may also give notice and hold hearings at other places within the county where the distribution of population or diversity of interests of the people indicate that the hearings would be desirable. The commission shall adopt rules governing the conduct of hearings under this section.
    (e) A zoning ordinance may not be held invalid on the ground that the plan commission failed to comply with the requirements of this section, if the notice and hearing substantially complied with this section.
    (f) The files of the plan commission concerning proposals are

(2) evidence that notice was delivered to a public use airport as required in IC 8-21-10-3 not less than sixty (60) days before the proposal is considered.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.18; P.L.220-1986, SEC.18; P.L.344-1987, SEC.1; P.L.190-1988, SEC.1; P.L.321-1995, SEC.3; P.L.54-2002, SEC.5.

IC 36-7-4-605
Certification of proposed ordinance
     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 zoning ordinance, including amendments and zone maps) under section 606 of this chapter, it may be certified only if it receives a favorable recommendation from the commission.
        (2) If the proposal is to amend or partially repeal the text (not zone maps) of the ordinance under section 607 of this chapter, it may be certified with a favorable recommendation, an unfavorable recommendation, or no recommendation from the commission.
        (3) If the proposal is to change the zone maps incorporated by reference into the ordinance under section 608 of this chapter, it may be certified with a favorable recommendation, an unfavorable recommendation, or no recommendation from the commission.
    (b) METRO. A proposal shall be certified to the legislative body by the metropolitan development commission only if it receives a favorable recommendation from the commission.
    (c) The legislative body shall consider the recommendation (if any) of the commission before acting on the proposal under section 606, 607, or 608 of this chapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.20; P.L.335-1985, SEC.19; P.L.220-1986, SEC.19.

IC 36-7-4-606
Zoning ordinance; procedure on proposal to adopt initial or replacement ordinance for a jurisdiction
     Sec. 606. (a) 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 jurisdiction.
    (b) At the first regular meeting of the legislative body after the plan commission certifies the proposal under section 605 of this chapter, the legislative body shall either:
        (1) adopt, reject, or amend the proposal; or
        (2) decide to further consider the proposal, in which case the proposal may be scheduled for a further hearing at any regular

(3).
    (f) ADVISORY.AREA. This subsection applies if the proposal receives either an unfavorable recommendation or no recommendation from the plan commission:
        (1) At the first regular meeting of the legislative body after the proposal is certified under section 605 of this chapter (or at any subsequent meeting within the ninety (90) day period), the legislative body may adopt, reject, or amend the proposal. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that meeting.
        (2) If the legislative body adopts (as certified) the proposal, it takes effect as other ordinances of the legislative body.
        (3) If the legislative body rejects the proposal or fails to act on it within ninety (90) days after certification, it is defeated.
        (4) If the legislative body amends the proposal, it shall be returned to the plan commission for its consideration, with a written statement of the reasons for the amendment. The commission has forty-five (45) days in which to consider the amendment and report to the legislative body as follows:
            (A) If the commission approves the amendment or fails to act within the forty-five (45) day period, the ordinance stands as passed by the legislative body as of the date of the filing of the commission's report of approval with the legislative body or the end of the forty-five (45) day period.
            (B) If the commission disapproves the amendment, the action of the legislative body on the original amendment stands only if confirmed by another vote of the legislative body within forty-five (45) days after the commission certifies its disapproval. If the legislative body fails to confirm its action under this clause, the ordinance is defeated as provided in subdivision (3).
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.33; Acts 1982, P.L.212, SEC.3; P.L.355-1983, SEC.2; P.L.335-1985, SEC.21.

IC 36-7-4-608
Zoning ordinance; procedure for changing zoning maps
     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 consideration and recommendation before any final action is taken by the legislative body. On receiving or initiating the proposal, the commission shall, within sixty (60) days, hold a public hearing in accordance with section 604 of this chapter. Within ten (10) business days after the commission determines its recommendation (if any), the commission shall certify the proposal under section 605 of this chapter.
    (c) METRO. This subsection applies if the proposal receives a favorable recommendation from the plan commission:

legislative body may adopt or reject the proposal. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that meeting.
        (2) If the legislative body adopts (as certified) the proposal, it takes effect as other ordinances of the legislative body.
        (3) If the legislative body rejects the proposal, it is defeated.
        (4) If the legislative body fails to act on the proposal within ninety (90) days after certification, the ordinance takes effect as if it had been adopted (as certified) ninety (90) days after certification.
    (g) ADVISORY.AREA. This subsection applies if the proposal receives either an unfavorable recommendation or no recommendation from the plan commission:
        (1) At the first regular meeting of the legislative body after the proposal is certified under section 605 of this chapter (or at any subsequent meeting within the ninety (90) day period), the legislative body may adopt or reject the proposal. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that meeting.
        (2) If the legislative body adopts (as certified) the proposal, it takes effect as other ordinances of the legislative body.
        (3) If the legislative body rejects the proposal, it is defeated.
        (4) If the legislative body fails to act on the proposal within ninety (90) days after certification, it is defeated.
    (h) ADVISORY.AREA. The plan commission may adopt a rule to limit further consideration, for up to one (1) year after its defeat, of a proposal that is defeated under subsection (f)(3), (g)(3), or (g)(4).
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.22; P.L.335-1985, SEC.22; P.L.345-1987, SEC.1.

IC 36-7-4-608.5
Repealed
(Repealed by P.L.32-2004, SEC.4.)

IC 36-7-4-609
Zoning ordinances; vote required for action by legislative body; veto of city ordinances
     Sec. 609. (a) ADVISORY. A legislative body may take action under section 606, 607, 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 only by a vote of at least a majority of all the elected members of the body.
    (c) METRO. The legislative body may take action under section 606, 607, or 608 of this chapter only by a vote of at least three-fifths (3/5) of all the elected members of the body.
    (d) ADVISORY.AREA. Each city shall determine whether its zoning ordinances will be subject to veto by the executive of the city. If the city legislative body, by general ordinance, so provides, then

each zoning ordinance adopted by that city under section 606, 607, or 608 of this chapter may be vetoed by the executive of the city. The executive must exercise the veto:
        (1) in a case in which the legislative body adopts (as certified) the proposal, within ten (10) days after the legislative body acts;
        (2) in a case in which the legislative body amends the proposal and the plan commission approves the amendment or fails to act, within fifty-five (55) days after the proposal is returned to the plan commission for its consideration;
        (3) in a case in which the legislative body amends the proposal and confirms its original amendment by another vote, within ten (10) days after the legislative body confirms its original amendment; or
        (4) in a case in which the proposal is to take effect because of the legislative body's failure to act within a period of days, within ten (10) days after the expiration of that period.
    (e) If a city zoning ordinance is not vetoed under subsection (d), it takes effect without any action being taken by the executive of the city.
    (f) ADVISORY.AREA. If a city zoning ordinance is vetoed under subsection (d), it is defeated unless the city legislative body, at its first regular or special meeting after receiving the veto message, passes the ordinance over the veto by a two-thirds (2/3) vote.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.34; P.L.335-1985, SEC.23.

IC 36-7-4-610
Zoning ordinance; notice of adoption; printing; presumption; effective date; copies
     Sec. 610. (a) After adoption of a zoning ordinance under section 606 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 subject matter of the ordinance;
        (2) give the date of adoption;
        (3) specify the places or areas that would be directly affected by the ordinance (this subdivision does not require the identification of any real property by metes and bounds);
        (4) specify the penalty or forfeiture prescribed for a violation of the ordinance; and
        (5) give two (2) locations open to the public where the entire text of the ordinance is available for inspection.
    (b) After adoption of a zoning ordinance under section 606 or 607 of this chapter, the plan commission shall print the text of the ordinance in book or pamphlet form (or arrange for the inclusion of the zoning ordinance in the code of ordinances printed by the unit under IC 36-1-5), and no other printing or publication of any zoning ordinance is required. Printing of the text of a zoning ordinance in compliance with this subsection constitutes presumptive evidence:
        (1) of the text of the ordinance that is contained in the code of

ordinances, book, or pamphlet (and supplement, if any);
        (2) of the date of adoption of the ordinance, and of any amendment to the ordinance that is contained in the code of ordinances, book, or pamphlet (and supplement, if any); and
        (3) that the ordinance, along with any amendment to the ordinance that is contained in the code of ordinances, book, or pamphlet (and supplement, if any), has been properly signed, attested, and recorded.
    (c) Zone maps incorporated by reference into the zoning ordinance are not required to be printed in the code of ordinances, book, or pamphlet printed under this section, but the plan commission shall keep them available at its office for public inspection.
    (d) Unless a zoning ordinance provides for a later effective date, the ordinance takes effect when it is adopted under section 606, 607, or 608 of this chapter, subject to subsection (e).
    (e) When a provision prescribing a penalty or forfeiture for a violation is printed under this section, it may not take effect until fourteen (14) days after the later of the following:
        (1) The final day on which notice of its adoption is published under subsection (a).
        (2) The day on which it is filed in the clerk's office under subsection (f).
    (f) A zoning ordinance is not required to be included in the code of ordinances printed by a unit under IC 36-1-5. However, if the zoning ordinance is not included in that code, then two (2) copies of the book or pamphlet (and supplement, if any) printed under this section shall be filed in the office of the clerk of each participating legislative body, and these copies shall be kept on file in that office for public inspection.
    (g) If the zoning ordinance is not included in the code of ordinances, the clerk shall keep additional copies of the book or pamphlet (and supplement, if any) in the office for the purpose of sale or distribution. However, if the zoning ordinance is included in the code of ordinances, copies of the zoning ordinance shall also be made available to the public in accordance with IC 5-14-3.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.24; P.L.220-1986, SEC.21.

IC 36-7-4-610.5
Proposed changes in zone maps
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 that the proposal was adopted as a result of a person's intentional misrepresentation or omission of material facts, the legislative body may, by a three-fourths (3/4) vote (as described in IC 36-1-8-14), adopt an ordinance to nullify any change in the zone maps that resulted from the misrepresentation or omission. Such an

ordinance may be adopted by the legislative body without being referred to the plan commission for consideration and recommendation under sections 604, 605, and 608 of this chapter.
As added by P.L.216-1999, SEC.3. Amended by P.L.125-2001, SEC.5.

IC 36-7-4-611
Zoning ordinance; due deliberation presumption; effectiveness within jurisdiction of adopting legislative body
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 chapter by one (1) or more, but not all, of the participating legislative bodies, it has effect within the jurisdiction of each legislative body that adopted it. The fact that the ordinance was based on a comprehensive plan developed for a larger territorial area does not affect its validity. The plan commission may print the ordinance under section 610 of this chapter as it applies only to certain territorial areas, whenever that would be useful for its enforcement.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.25.

IC 36-7-4-612
Zoning ordinance; effect of prior ordinances
     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 the same effect even though previously adopted as a comprehensive plan of land use or as a part of such a comprehensive plan.
    (b) AREA. Each zoning ordinance that:
        (1) was adopted by a county or a participating municipality; and
        (2) is in effect at the time of the establishment of a planning department under section 202 of this chapter;
remains in full force and shall be enforced by the planning department under the area planning law until superseded by the zoning ordinance adopted for the jurisdiction under section 606 of the area planning law.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.26; P.L.220-1986, SEC.22.

IC 36-7-4-613
Zoning ordinance; development plans; use or development commitments; land use restrictions
Sec. 613. (a) This section applies only to a development plan that is submitted under the 1400 series of this chapter. The plan commission may permit or require the owner of a parcel of real

property to make a written commitment concerning the use or development of that parcel. The commission may adopt rules:
        (1) governing the creation, form, recording, modification, enforcement, and termination of commitments; and
        (2) designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments.
    (b) A commitment made under this section shall be recorded in the office of the county recorder and takes effect upon the approval of the development plan related to the commitment. Unless a commitment is modified or terminated by the plan commission, a commitment is binding on:
        (1) the owner of the parcel;
        (2) a subsequent owner of the parcel; and
        (3) a person who acquires an interest in the parcel.
A commitment is binding on the owner of the parcel even if the commitment is not recorded. A commitment that is not recorded is binding on a subsequent owner of the parcel or other person acquiring an interest in the parcel only if that subsequent owner or other person acquiring an interest has actual notice of the commitment.
    (c) A commitment made under this section may be modified or terminated only by a decision of the plan commission made at a public hearing after notice of the hearing has been provided under the plan commission's rules.
    (d) This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
As added by P.L.335-1985, SEC.27. Amended by P.L.320-1995, SEC.7.

IC 36-7-4-614
Zoning ordinance; use or development commitments regarding zoning map changes; binder; modification or termination; land use restrictions
     Sec. 614. (a) METRO. This section applies only to the following:
        (1) A proposal submitted under section 608 of this chapter.
        (2) A proposal for a PUD district ordinance (as defined in section 1503 of this chapter).
    (b) METRO. The plan commission may permit or require the owner of a parcel of real property to make a written commitment concerning the use or development of that parcel, subject to the same rules prescribed for commitments under section 613 of this chapter.
    (c) METRO. A commitment made under this section automatically terminates if after the adoption of the proposal:
        (1) the zone map applicable to the parcel is changed; or
        (2) the parcel is designated as a planned unit development district under the 1500 series of this chapter.
    (d) METRO. During the time when a proposal subject to this section is being considered by the legislative body, the owner of a parcel of land may make a new written commitment or modify the

IC 36-7-4-615
Zoning ordinance; specifications of written commitment; automatic termination; binder; land use restrictions
Sec. 615. ADVISORY.AREA. (a) In the zoning ordinance, the legislative body shall specify the following for a written commitment under this section:
(1) Whether a written commitment may be required or allowed for a proposal submitted under section 608 of this chapter, a proposal for a PUD district ordinance, or both of these proposals.

        (2) The circumstances under which a written commitment may be made, modified, or terminated.
        (3) The extent to which the plan commission may require or allow a written commitment, or may approve or disapprove modification or termination of a written commitment.
        (4) The procedures governing the making, modification, or termination of a written commitment, including the:
            (A) creation;
            (B) form;
            (C) enforcement; and
            (D) type of notice and hearing required.
        (5) The specially affected persons and class of specially affected persons who may enforce a written commitment.
    (b) ADVISORY.AREA. A commitment made under this section automatically terminates if after the adoption of the proposal:
        (1) the zone map applicable to the parcel is changed; or
        (2) the parcel is designated as a planned unit development district under the 1500 series of this chapter.
    (c) ADVISORY.AREA. A commitment made under this section shall be recorded in the office of the county recorder and takes effect upon approval of the proposal. Unless a commitment is modified or terminated in accordance with procedures specified in the zoning ordinance, a commitment is binding on:
        (1) the owner of the parcel;
        (2) a subsequent owner of the parcel; and
        (3) a person who acquires an interest in the parcel.
An unrecorded commitment is binding on the owner of the parcel. An unrecorded commitment is binding on a subsequent owner of the parcel or a person acquiring an interest in the parcel only if the subsequent owner or the person acquiring the interest has actual notice of the commitment.
    (d) ADVISORY.AREA. This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
As added by P.L.320-1995, SEC.9.

IC 36-7-4-616
Zoning ordinance; agricultural nonconforming use
     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 designated as a conservation reserve plan, pastureland, poultry or poultry products, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, bees and apiary products, tobacco, or other agricultural crops, in the case of land that was not subject to a comprehensive plan or zoning ordinance before the most recent plan or zoning ordinance,

IC 36-7-4-700
700 Series_Subdivision control
Sec. 700. This series (sections 700 through 799 of this chapter) may be cited as follows: 700 SERIES.SUBDIVISION CONTROL.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.4.

IC 36-7-4-701
Subdivision control ordinance
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 containing provisions for subdivision control, which ordinance shall be adopted, amended, or repealed in the same manner as the zoning ordinance. After the subdivision control ordinance has been adopted and a certified copy of the ordinance has been filed with the county recorder, the plan commission has exclusive control over the approval of all plats and replats involving land covered by the subdivision control ordinance, subject to subsection (c) and subsection (f).
    (c) ADVISORY. The municipal plan commission has exclusive control over the approval of plats and replats involving unincorporated land within its jurisdiction, unless the legislative body of the county has adopted a subdivision control ordinance covering those lands. In this case, the county plan commission has exclusive control over the approval.
    (d) The subdivision control ordinance may provide that the subdivision of land that does not involve the opening of a new public way and that complies in all other respects with the subdivision control ordinance and the zoning ordinance may be granted primary approval by the plat committee without public notice and hearing, subject to appeal to the plan commission. Within ten (10) days after primary approval under this subsection, the plan commission staff shall provide for due notice to interested parties of their right to appeal to the plan commission. The notice shall be given in the manner set forth in section 706(2) and 706(3) of this chapter.
    (e) The plan commission may appoint a plat committee to hold hearings on and approve plats and replats on behalf of the commission. The plat committee consists of three (3) or five (5) persons, with at least one (1) of the members being a member of the commission. Each appointment of a member of the plat committee is for a term of one (1) year, but the commission may remove a member from the committee. The commission 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. The plat committee may take action only by a majority vote.
    (f) AREA. A participating legislative body may, in the subdivision control ordinance, reserve to itself the power to waive any condition that is imposed upon primary approval of a plat by the plan commission under section 702 of this chapter. The legislative body shall prescribe the procedure under which a person may apply for a waiver of a condition under this subsection.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.5; P.L.335-1985, SEC.29; P.L.320-1995, SEC.10.

IC 36-7-4-702
Subdivision control; primary approval of plat; standards of ordinance; requisites; compliance
Sec. 702. (a) In determining whether to grant primary approval of a plat, the plan commission shall determine if the plat or subdivision

qualifies for primary approval under the standards prescribed by the subdivision control ordinance.
    (b) The subdivision control ordinance must specify the standards by which the commission determines whether a plat qualifies for primary approval. The ordinance must include standards for:
        (1) minimum width, depth, and area of lots in the subdivision;
        (2) public way widths, grades, curves, and the coordination of subdivision public ways with current and planned public ways; and
        (3) the extension of water, sewer, and other municipal services.
The ordinance may also include standards for the allocation of areas to be used as public ways, parks, schools, public and semipublic buildings, homes, businesses, and utilities, and any other standards related to the purposes of this chapter.
    (c) The standards fixed in the subdivision control ordinance under subsection (b) may not be lower than the minimum standards prescribed in the zoning ordinance for a similar use.
    (d) As a condition of primary approval of a plat, the commission may specify:
        (1) the manner in which public ways shall be laid out, graded, and improved;
        (2) a provision for water, sewage, and other utility services;
        (3) a provision for lot size, number, and location;
        (4) a provision for drainage design; and
        (5) a provision for other services as specified in the subdivision control ordinance.
    (e) The subdivision control ordinance may not regulate condominiums regulated by IC 32-25.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.6; P.L.2-2002, SEC.109.

IC 36-7-4-703
Subdivision control; application for approval of plat; procedure
Sec. 703. 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.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.35; Acts 1982, P.L.211, SEC.7.

IC 36-7-4-704
Subdivision control; fees; uniform schedule; payment
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.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.36; Acts 1982, P.L.211, SEC.8.

IC 36-7-4-705

Subdivision control; primary approval of plat; review of application; hearing date
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 thirty (30) days after receipt, the staff shall announce the date for a hearing before the plan commission or plat committee and provide for notice in accordance with section 706 of this chapter. The plan commission shall, by rule, prescribe procedures for setting hearing dates and for the conduct of hearings.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.37; Acts 1982, P.L.211, SEC.9.

IC 36-7-4-706
Subdivision control; application for primary approval; notice of hearing
     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 parties at least ten (10) days before the date set for the hearing. The plan commission shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.38; Acts 1982, P.L.211, SEC.10.

IC 36-7-4-707
Subdivision control; primary approval of plat; findings and decision; limitation on appeal
     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, it shall make written findings and a decision granting primary approval to the plat. This decision must be signed by an official designated in the subdivision control ordinance.
    (b) If, after the hearing, the plan commission or plat committee disapproves the plat, it shall make written findings that set forth its reasons and a decision denying primary approval and shall provide the applicant with a copy. This decision must be signed by the official designated in the subdivision control ordinance.
    (c) Primary approval or disapproval of a plat by the plat committee may be appealed only under section 708 of this chapter. However, it may not be taken directly to court for review under section 1016 of this chapter until administrative remedies are exhausted.
    (d) This section applies to any subdivision of land, whether or not it is exempted from the notice and hearing requirements of this series under section 701(d) of this chapter.

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.11.

IC 36-7-4-708
Subdivision control; primary approval or disapproval of plat; appeal to plan commission; procedure; review
     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. A notice of appeal must be filed with the commission within ten (10) days after the action of the plat committee. However, if the plat committee grants primary approval for the subdivision of land without public notice and hearing under section 701(d) of this chapter, an interested party may appeal the approval to the plan commission by filing a notice of appeal with the plan commission not more than ten (10) days after a copy of the plat committee's action is mailed to the interested party. Notice shall be given and a hearing held by the commission in the same manner as in the case of the plat committee.
    (b) The commission has the same power as the committee to approve, disapprove, or impose conditions on the approval of plats.
    (c) The primary approval by the commission of a plat must be certified on behalf of the commission by an official designated in the subdivision control ordinance.
    (d) The primary approval or disapproval of a plat by the plan commission or the imposition of a condition on primary approval is a final decision of the plan commission that may be reviewed as provided by section 1016 of this chapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.12; P.L.320-1995, SEC.11.

IC 36-7-4-709
Subdivision control; secondary approval of plat; proof of financial responsibility; rule for determination of completion of improvements and installations
     Sec. 709. (a) Secondary approval under section 710 of this chapter may be granted to a plat for a subdivision in which the improvements and installments have not been completed as required by the subdivision control ordinance, if:
        (1) the applicant provides a bond, or other proof of financial responsibility as prescribed by the legislative body in the subdivision control ordinance, that:
            (A) is an amount determined by the plan commission or plat committee to be sufficient to complete the improvements and installations in compliance with the ordinance; and
            (B) provides surety satisfactory to the plan commission or plat committee; or
        (2) with respect to the installation or extension of water, sewer, or other utility service:
            (A) the applicant shows by written evidence that it has

entered into a contract with the political subdivision or utility providing the service; and
            (B) the plan commission determines based on written evidence that the contract provides satisfactory assurance that the service will be installed or extended in compliance with the subdivision control ordinance.
    (b) Any money received from a bond or otherwise shall be used only for making the improvements and installments for which the bond or other proof of financial responsibility was provided. This money may be used for these purposes without appropriation. The improvement or installation must conform to the standards provided for such improvements or installations by the municipality in which it is located, as well as the subdivision control ordinance.
    (c) The plan commission shall, by rule, prescribe the procedure for determining whether all improvements and installations have been constructed and completed as required by the subdivision control ordinance. The rule must designate the person or persons responsible for making the determination.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.13; P.L.337-1985, SEC.1.

IC 36-7-4-710
Subdivision control; secondary approval of plat; authority to grant; time; prerequisites for legal effect of plat
     Sec. 710. (a) The plan commission may grant secondary approval of a plat under this section or may delegate to the plat committee or staff the authority to grant such secondary approvals.
    (b) Secondary approval may be granted, after expiration of the time provided for appeal under section 708 of this chapter.
    (c) No notice or hearing is required, and the provisions of this series concerning notice and hearing do not apply to secondary approvals.
    (d) A plat of a subdivision may not be filed with the auditor, and the recorder may not record it, unless it has been granted secondary approval and signed and certified by the official designated in the subdivision control ordinance governing the area. The filing and recording of the plat is without legal effect unless approved by the commission or committee.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.39; Acts 1982, P.L.211, SEC.14.

IC 36-7-4-711
Proceedings under IC 36-7-3 control vacation of plats
Sec. 711. ADVISORY.AREA. The plan commission (or plat committee acting on its behalf), proceeding in accordance with IC 36-7-3, has exclusive control over the vacation of plats or parts of plats.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.23.

IC 36-7-4-712
Plat committee; exclusive control over vacation of plats or public ways; rules; public interest; appeals
     Sec. 712. (a) METRO. The plat committee, has exclusive control over the vacation of:
        (1) plats or parts of plats; and
        (2) public ways, easements, or public places, or parts of any of them, whether or not they are included in an approved plat;
in the county. The plat committee may adopt rules governing the procedure for these vacations. The vacation of public ways, easements, or public places, or parts of any of them may be made only upon a finding by the plat committee that the vacation is in the public interest. The plat committee may accomplish the vacation of plats or parts of plats by proceeding in accordance with IC 36-7-3-10 or IC 36-7-3-11. Vacation or replatting may include the vacation or amendment of any recorded covenant running in favor of any governmental agency, or restriction, that was contained in the original plat.
    (b) METRO. An applicant or other interested party may appeal the approval or disapproval of a vacation in the manner prescribed by section 708 of this chapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.40; P.L.220-1986, SEC.24; P.L.2-1989, SEC.26.

IC 36-7-4-713
Repealed
(Repealed by P.L.320-1995, SEC.44.)

IC 36-7-4-800
800 Series_Improvement location permit
Sec. 800. This series (sections 800 through 899 of this chapter) may be cited as follows: 800 SERIES.IMPROVEMENT LOCATION PERMIT.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-801
Improvement location permit; requirement
Sec. 801. (a) ADVISORY. A structure may not be located and an improvement location permit for a structure on platted or unplatted land may not be issued unless the structure and its location conform to the municipal zoning ordinance. However, if the land is unincorporated land that lies within a county that has adopted a zoning ordinance, then the municipal zoning ordinance does not apply and the structure must conform to the county zoning ordinance. A municipality, having adopted a zoning ordinance, may issue and control improvement location permits on unincorporated lands within the jurisdiction of its municipal plan commission if the lands lie within a county that has not adopted a zoning ordinance.
(b) AREA.METRO. A zoning ordinance, a subdivision ordinance, or a separate ordinance may require the procurement of:

        (1) an improvement location permit for the erection, alteration, or repair of any structure on platted or unplatted land; and
        (2) an occupancy permit for the use of any structure or land regulated by a zoning ordinance, subdivision ordinance, thoroughfare ordinance, or other ordinance relating to land use.
If such a provision is adopted, a structure may not be located and a permit may not be issued unless the use, character, and location of the structure is in conformity with the applicable ordinance.
    (c) AREA. The ordinance under subsection (b) must contain a schedule of fees and must provide that the unit that issues the permit shall receive the fee and pay it into its general fund.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.25.

IC 36-7-4-802
Improvement location permit; authority to issue
     Sec. 802. (a) ADVISORY. The ordinance may designate the official or employee of the municipality or county who may issue improvement location permits within the jurisdiction of the advisory plan commission and in conformance with the zoning ordinance.
    (b) AREA. The authority to issue the improvement location permit and the occupancy permit may be delegated by the ordinance to the area plan commission or to other appropriate officers of the county or municipality. If the authority is delegated in part to officers of a municipality, they may not issue permits for structures to be erected outside the corporate boundaries of the municipality.
    (c) METRO. The metropolitan development commission shall issue improvement location permits and occupancy permits. The commission may delegate this duty to any municipal or county officers.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.26.

IC 36-7-4-803
Bonds of contractors, engineers, and surveyors; enforcement of zoning or subdivision ordinance
     Sec. 803. (a) AREA.METRO. As an additional means of insuring the enforcement of a zoning or subdivision ordinance, a legislative body may adopt, as a part of either ordinance or by separate ordinance, provisions requiring building contractors to furnish an annual bond of one thousand dollars ($1,000). This bond is to insure that if the construction does not comply with the zoning or subdivision ordinance that it can be made to conform without cost to the municipality, the county, or the person for whom the construction was undertaken.
    (b) METRO. An ordinance under subsection (a) may also require professional engineers and land surveyors to furnish an annual bond of one thousand dollars ($1,000) to insure that their plans and surveys conform to the zoning or subdivision ordinance.
    (c) METRO. A person constructing a building for his own use and

occupancy as a residence or in connection with his residence is exempt from any provisions adopted under subsection (a).
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-804
Improvement location or building permit; eligibility; violations of zoning or subdivision ordinance; hearing
Sec. 804. (a) METRO. After a building contractor violates a zoning or subdivision ordinance three (3) times in a calendar year, he is ineligible to receive an improvement location or building permit for one (1) year, beginning on the date of the third violation. Whenever a person for whom a structure is to be built applies for a permit, he must disclose under the penalties for perjury the identity of his contractor; such a person is eligible to receive a permit only if his contractor is eligible.
(b) METRO. A determination by the metropolitan development commission, after a hearing at which the contractor may be represented by counsel and may present evidence, is conclusive evidence of a violation under subsection (a).
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-900
900 Series_Board of zoning appeals
Sec. 900. This series (sections 900 through 999 of this chapter) may be cited as follows: 900 SERIES.BOARD OF ZONING APPEALS.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-902
Board of zoning appeals; members; number; appointment
Sec. 902. (a) ADVISORY. Each division of the advisory board of zoning appeals consists of five (5) members as follows:

        (1) Three (3) citizen members appointed by the executive of the municipality or county, of whom one (1) must be a member of the plan commission and two (2) must not be members of the plan commission.
        (2) One (1) citizen member appointed by the fiscal body of the municipality or county, who must not be a member of the plan commission.
        (3) One (1) member appointed by the plan commission from the plan commission's membership, who must be a county agricultural agent or a citizen member of the plan commission other than the member appointed under subdivision (1).
    (b) ADVISORY. In each county having a metropolitan plan commission, subsection (a) does not apply. In such a county, each division of the advisory board of zoning appeals consists of five (5) members as follows:
        (1) Two (2) members, of whom no more than one (1) may be of the same political party, appointed by the county legislative body.
        (2) Three (3) members, of whom no more than two (2) may be of the same political party, appointed by the second class city executive. One (1) only of these members must be a member of the plan commission.
    (c) AREA. When the area board of zoning appeals was established before January 1, 1984, as a seven (7) member board, the board consists of seven (7) members as follows:
        (1) Two (2) citizen members appointed by the area plan commission from its membership, one (1) of whom must be a municipal representative and the other must be a county representative.
        (2) Three (3) citizen members, who may not be members of any plan commission, appointed by the executive of the largest municipality in the county. However, if there are two (2) or more municipalities having a population of at least twenty thousand (20,000) in the county, the executive of the largest municipality shall appoint two (2) citizen members and the executive of the second largest municipality shall appoint one (1) citizen member. Furthermore, if there are no cities in the county participating in the commission, then the three (3) members appointed under this subdivision shall be appointed as follows:
            (A) One (1) member appointed by the county executive.
            (B) One (1) member appointed by the county fiscal body.
            (C) One (1) member appointed by the legislative bodies of those towns participating in the commission.
        (3) Two (2) citizen members, who may not be members of any plan commission, appointed by the county legislative body.
    (d) AREA. Except as provided in subsection (c), each division of the area board of zoning appeals consists of five (5) members as follows:
        (1) One (1) citizen member appointed by the area plan

commission from its membership.
        (2) One (1) citizen member, who may not be a member of any plan commission, appointed by the executive of the largest municipality in the county participating in the commission.
        (3) Two (2) citizen members, of whom one (1) must be a member of the area plan commission and one (1) must not be a member of any plan commission, appointed by the county legislative body.
        (4) One (1) citizen member, who may not be a member of any plan commission, appointed by the executive of the second largest municipality in the county participating in the commission. However, if there is only one (1) municipality in the county participating in the commission, then the county legislative body shall make this appointment.
    (e) METRO. Each division of the metropolitan board of zoning appeals consists of five (5) members as follows:
        (1) Two (2) citizen members appointed by the executive of the consolidated city.
        (2) Two (2) citizen members appointed by the legislative body of the consolidated city.
        (3) One (1) citizen member, who may also be a member of the metropolitan development commission, appointed by the commission.
    (f) METRO. The municipal board of zoning appeals for an excluded city consists of five (5) members as follows:
        (1) Three (3) citizen members appointed by the legislative body of the excluded city.
        (2) Two (2) citizen members, who may also be members of the metropolitan development commission, appointed by the commission.
    (g) Whenever the zoning ordinance provides for a certain division of the board of zoning appeals to have limited territorial jurisdiction, it must also provide for that division to consist of members who are all residents of that limited territory. Those members shall be appointed in the same manner that is prescribed by subsection (a) for divisions of an advisory board of zoning appeals, but if the plan commission is unable to make its appointment in that manner, the appointment shall be made instead by the legislative body.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.2; P.L.320-1995, SEC.12.

IC 36-7-4-903
Board of zoning appeals; additional division or member required for unincorporated jurisdictional area
Sec. 903. ADVISORY. (a) When a municipal plan commission exercises jurisdiction outside the incorporated area of the municipality as provided for in section 205 or 1208 of the advisory planning law, either:
(1) an additional division of the board of zoning appeals shall be established under section 901(b) of this chapter that will

have territorial jurisdiction only in the unincorporated area and consist only of residents of the unincorporated area; or
(2) the municipal plan commission shall designate, as its appointment to the municipal board of zoning appeals under section 902(a)(3) of this chapter, one (1) of the two (2) citizen members who were appointed under section 214 of this chapter to the plan commission to represent the unincorporated area. The citizen member must reside in the unincorporated area; The citizen shall be appointed for a term of four (4) years. The citizen is entitled to participate and vote in all deliberations of the municipal board of zoning appeals.
(b) Notwithstanding section 902(g) of this chapter, if the zoning ordinance provides for an additional division of the board of zoning appeals under subsection (a)(1), the ordinance may also provide for the appointment of one (1) or more members of that division by elected officials of the county or township.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.3; P.L.216-1999, SEC.4; P.L.32-2004, SEC.3.

IC 36-7-4-904
Repealed
(Repealed by P.L.357-1983, SEC.22.)

IC 36-7-4-905
Board of zoning appeals; membership; restrictions
Sec. 905. None of the members of a board of zoning appeals may hold other elective or appointive office, except as permitted by section 902 of this chapter, in municipal, county, or state government. A member must be a resident of the jurisdictional area of the board.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.41.

IC 36-7-4-906
Board of zoning appeals; members; terms; removal
     Sec. 906. (a) ADVISORY.AREA. When an initial term of office expires, each new appointment is for a term of four (4) years.
    (b) ADVISORY.AREA. Upon the establishment of a division of the board of zoning appeals, the members shall initially be appointed as provided in the zoning ordinance 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.
    (c) ADVISORY.AREA. Under subsection (b), each 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) METRO. Each appointment of a member of a division of a board of zoning appeals is for a term of one (1) year.
    (e) METRO. The appointing authority may remove a member

from the metropolitan board of zoning appeals. 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.
(f) ADVISORY.AREA. The appointing authority may remove a member from the board of zoning appeals 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.
(g) A member of a board of zoning appeals serves until his successor is appointed and qualified. A member is eligible for reappointment.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.42; Acts 1982, P.L.33, SEC.31; P.L.357-1983, SEC.4.

IC 36-7-4-907
Board of zoning appeals; members; vacancies
     Sec. 907. (a) If a vacancy occurs among the members of the board of zoning appeals, the appointing authority shall appoint a member for the unexpired term of the vacating member. In addition, the appointing authority may appoint an alternate member to participate with the board in any hearing or decision if the regular member it has appointed has a disqualification under section 909 of this chapter or is unavailable to participate in the hearing or decision. An alternate member shall have all of the powers and duties of a regular member while participating in the hearing or decision.
    (b) METRO. A member of the metropolitan board of zoning appeals who misses three (3) consecutive regular meetings of the board shall be treated as if he had resigned.
    (c) METRO. Members serving in any division of the metropolitan board of zoning appeals shall also serve as alternate members for the other divisions of the metropolitan board of zoning appeals. Whenever regular members serving in a particular division are unavailable, the chairman or vice chairman of the affected division may select members from other divisions in order to assemble up to five (5) members to participate in any hearing or decision.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.43; P.L.357-1983, SEC.5; P.L.345-1987, SEC.3; P.L.226-1997, SEC.3.

IC 36-7-4-908
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)

IC 36-7-4-909
Board of zoning appeals; members; conflict of interest
Sec. 909. A member of a board of zoning appeals may not

participate in a hearing or decision of that board concerning a zoning matter in which he has a direct or indirect financial interest. The board shall enter in its records:
(1) the fact that a regular member has such a disqualification; and
(2) the name of the alternate member, if any, who participates in the hearing or decision in place of the regular member.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.44; P.L.357-1983, SEC.6.

IC 36-7-4-910
Board of zoning appeals; quorum
Sec. 910. A quorum consists of a majority of the entire membership of the board of zoning appeals.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-911
Board of zoning appeals; official action
Sec. 911. Action of the board of zoning appeals is not official, unless it is authorized by a majority of the entire membership of the board.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-912
Board of zoning appeals; chairman and vice chairman
Sec. 912. At the first meeting of each year, the board of zoning appeals shall elect a chairman and vice chairman from its members. The vice chairman may act as chairman during the absence or disability of the chairman.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-913
Board of zoning appeals; secretary and employees
Sec. 913. The board of zoning appeals may appoint a secretary and such employees as are necessary for the discharge of its duties.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.45.

IC 36-7-4-914
Board of zoning appeals; facilities
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.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.7.

IC 36-7-4-915
Board of zoning appeals; minutes and records
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.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.46.

IC 36-7-4-916
Board of zoning appeals; rules
     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 notice;
        (4) the conduct of hearings; and
        (5) the determination of whether a variance application is for a variance of use or for a variance from the development standards (such as height, bulk, or area).
    (b) The board of zoning appeals may also adopt rules providing for:
        (1) the allocation of cases filed among the divisions of the board of zoning appeals; and
        (2) the fixing of dates for hearings by the divisions.
    (c) Rules adopted by the board of zoning appeals shall be printed and be made available to all applicants and other interested persons.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.47; Acts 1982, P.L.212, SEC.4; P.L.357-1983, SEC.8.

IC 36-7-4-917
Board of zoning appeals; appropriations
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.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.9.

IC 36-7-4-918
Repealed
     (Repealed by P.L.357-1983, SEC.22.)

IC 36-7-4-918.1
Board of zoning appeals; review of orders, requirements, decisions, or determinations
     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 determination made by

an administrative board or other body except a plan commission in relation to the enforcement of the zoning ordinance; or
(3) any order, requirement, decision, or determination made by an administrative board or other body except a plan commission in relation to the enforcement of an ordinance adopted under this chapter requiring the procurement of an improvement location or occupancy permit.
As added by P.L.357-1983, SEC.10.

IC 36-7-4-918.2
Board of zoning appeals; special exceptions and certain uses; approval or denial
     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 zoning ordinance. The board may impose reasonable conditions as a part of its approval.
As added by P.L.357-1983, SEC.11.

IC 36-7-4-918.3
Board of zoning appeals; variance from use district or classification
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.

IC 36-7-4-918.4
Board of zoning appeals; variance of use
     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 writing that:
        (1) the approval will not be injurious to the public health, safety, morals, and general welfare of the community;
        (2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
        (3) the need for the variance arises from some condition peculiar to the property involved;
        (4) the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
        (5) the approval does not interfere substantially with the

comprehensive plan adopted under the 500 series of this chapter.
As added by P.L.357-1983, SEC.13.

IC 36-7-4-918.5
Board of zoning appeals; variance from development standards
     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. A variance may be approved under this section only upon a determination in writing that:
        (1) the approval will not be injurious to the public health, safety, morals, and general welfare of the community;
        (2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
        (3) the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. However, the zoning ordinance may establish a stricter standard than the "practical difficulties" standard prescribed by this subdivision.
    (b) Before approval of a proposal involving a structure regulated under IC 8-21-10 may become effective, the board of zoning appeals must have received:
        (1) a copy of:
            (A) the permit for the structure issued by the Indiana department of transportation; or
            (B) the Determination of No Hazard to Air Navigation issued by the Federal Aviation Administration; and
        (2) evidence that notice was delivered to a public use airport as required in IC 8-21-10-3 not less than sixty (60) days before the proposal is considered.
As added by P.L.357-1983, SEC.14. Amended by P.L.54-2002, SEC.6.

IC 36-7-4-918.6
Board of zoning appeals; special exceptions, uses, and variances; counties of more than 400,000 but less than 700,000 or more than 200,000 but less than 300,000
     Sec. 918.6. (a) This section applies to a county having a population of:
        (1) more than four hundred thousand (400,000) but less than seven hundred thousand (700,000); or
        (2) more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
    (b) ADVISORY.AREA. Notwithstanding sections 918.2, 918.4, and 918.5 of this chapter, a zoning or subdivision control ordinance shall require that the board of zoning appeals submit any of the following petitions to the legislative body for approval or disapproval:
        (1) Special exceptions.

        (2) Special uses.
        (3) Use variances.
    (c) ADVISORY.AREA. The board of zoning appeals shall file a petition under this section with the clerk of the legislative body with:
        (1) a favorable recommendation;
        (2) an unfavorable recommendation; or
        (3) no recommendation.
    (d) ADVISORY.AREA. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the petition at its first regular meeting after the board of zoning appeals files its recommendation.
    (e) ADVISORY.AREA. A petition is granted or denied when the legislative body votes on the petition as follows:
        (1) In a county described in subsection (a)(1), the legislative body shall vote on the petition within ninety (90) days after the board of zoning appeals makes its recommendation. If the legislative body does not vote to deny the petition within ninety (90) days, the petition is considered approved.
        (2) In a county described in subsection (a)(2), the legislative body shall vote on the petition within sixty (60) days after the board of zoning appeals makes its recommendations. If the legislative body does not vote to deny the petition within sixty (60) days, the petition is approved.
    (f) ADVISORY.AREA. If the legislative body approves a petition, it must make the determination in writing as required under section 918.2, 918.4, or 918.5 of this chapter or as required by the zoning ordinance.
As added by P.L.304-1989, SEC.1. Amended by P.L.12-1992, SEC.164; P.L.167-1994, SEC.2.

IC 36-7-4-918.8
Board of zoning appeals; metropolitan development commission; exercise of powers; variances, exceptions, or uses
     Sec. 918.8. (a) METRO. In connection with its consideration of a proposed ordinance for the amendment of the zoning ordinance proposed under section 607(c)(2) of this chapter, the metropolitan development commission may exercise the powers of the metropolitan board of zoning appeals for the purpose of approving or denying:
        (1) a variance from the development standards of the zoning ordinance; or
        (2) a special exception, special use, contingent use, or conditional use from the terms of the zoning ordinance.
    (b) METRO. The commission may, by rule, establish procedures so that the power of the commission to recommend amendment of zoning ordinances and the power of the commission to approve and deny these variances, exceptions, and uses may be exercised concurrently. These rules may be inconsistent with the 900 series to the extent reasonably necessary to allow the commission to exercise

the power to approve or deny these variance, exception, and use petitions.
    (c) METRO. When acting under this section, the commission may:
        (1) vote on the amendment to the zoning ordinance and the variance, exception, or use petition at the same time; and
        (2) condition the approval of variance, exception, or use in such a manner that it takes effect when the recommended ordinance amendment is approved by the legislative body.
    (d) METRO. Section 922 of this chapter does not apply to variances, exceptions, and uses approved under this section.
As added by P.L.357-1983, SEC.15.

IC 36-7-4-919
Board of zoning appeals; appeal to board; grounds; record; decision
     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 board, or other body from whom the appeal is taken shall, on the request of the board of zoning appeals, transmit to it all documents, plans, and papers constituting the record of the action from which an appeal was taken.
    (c) Certified copies of the documents, plans, and papers constituting the record may be transmitted for purposes of subsection (b).
    (d) Upon appeal, the board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from. For this purpose, the board has all the powers of the official, officer, board, or body from which the appeal is taken.
    (e) The board shall make a decision on any matter that it is required to hear under the 900 series either:
        (1) at the meeting at which that matter is first presented; or
        (2) at the conclusion of the hearing on that matter, if it is continued.
    (f) Within five (5) days after making any decision under the 900 series, the board of zoning appeals shall file in the office of the board a copy of its decision.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.49; P.L.357-1983, SEC.16.

IC 36-7-4-920
Board of zoning appeals, hearing on administrative appeals, exceptions, uses, and variances; notice; appearance
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 notice in accordance with IC 5-3-1-2 and IC 5-3-1-4

and due notice to interested parties shall be given at least ten (10) days before the date set for the hearing.
    (c) The party taking the appeal, or applying for the exception, use, or variance, may be required to assume the cost of public notice and due notice to interested parties. At the hearing, each party may appear in person, by agent, or by attorney.
    (d) The board shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.
    (e) The staff (as defined in the zoning ordinance), if any, may appear before the board at the hearing and present evidence in support of or in opposition to the granting of a variance or the determination of any other matter.
    (f) Other persons may appear and present relevant evidence.
    (g) A person may not communicate with any member of the board before the hearing with intent to influence the member's action on a matter pending before the board. Not less than five (5) days before the hearing, however, the staff (as defined in the zoning ordinance), if any, may file with the board a written statement setting forth any facts or opinions relating to the matter.
    (h) The board may require any party adverse to any pending petition to enter a written appearance specifying the party's name and address. If the written appearance is entered more than four (4) days before the hearing, the board may also require the petitioner to furnish each adverse party with a copy of the petition and a plot plan of the property involved.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.50; Acts 1982, P.L.212, SEC.6; P.L.357-1983, SEC.17.

IC 36-7-4-921
Board of zoning appeals; commitments; rules; effect on exception, variance, or use; saving clauses
     Sec. 921. (a) In the case of a petition or an application for a:
        (1) special exception;
        (2) special use;
        (3) contingent use;
        (4) conditional use; or
        (5) variance;
from the terms of the zoning ordinance, a board of zoning appeals may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel.
    (b) The board of zoning appeals may:
        (1) adopt rules governing the creation, form, recording, modification, enforcement, and termination of commitments; and
        (2) adopt rules designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments.
    (c) Commitments shall be recorded in the office of the county

recorder and take effect upon the approval of the exception, use, or variance. Unless modified or terminated by the board of zoning appeals, a commitment is binding on:
        (1) the owner of the parcel;
        (2) a subsequent owner of the parcel; and
        (3) a person who acquires an interest in the parcel.
A commitment is binding on the owner of the parcel even if it is unrecorded. However, an unrecorded commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that subsequent owner or other person has actual notice of the commitment. A commitment may be modified or terminated only by a decision of the board made at a public hearing after notice as provided by rule.
    (d) By permitting or requiring commitments, a board of zoning appeals does not obligate itself to approve or deny any request.
    (e) Conditions imposed on the granting of an exception, a use, or a variance are not subject to the rules applicable to commitments.
    (f) This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.51; P.L.357-1983, SEC.18; P.L.320-1995, SEC.13.

IC 36-7-4-922
Board of zoning appeals; procedures for appeal to metropolitan development commission
Sec. 922. (a) METRO. An official designated by the metropolitan development commission may appeal to the metropolitan development commission any decision of a board of zoning appeals regarding an administrative appeal, or approving a special exception, a special or conditional use, or a variance from the terms of the zoning ordinance. The official must file in the office of the department of metropolitan development a notice of appeal within five (5) days after the board files a copy of the decision in the office of the board. However, if a representative of the department of metropolitan development appears at the hearing at which the administrative appeal is decided, or the special exception, special or conditional use, or variance is approved, then the official must file the notice of appeal within five (5) days after the board has rendered its decision. The notice must certify that the decision raises a substantial question of zoning policy appropriate for consideration by the commission. The commission shall hear the appeal at its next regular meeting held not less than five (5) days after the notice of appeal is filed.
(b) METRO. In hearing appeals under this section, the metropolitan development commission sits as a board of zoning appeals and shall be treated as if it is a board for purposes of this section. The commission may accept into evidence the written record, if any, of the hearing before the board of zoning appeals, along with other evidence introduced by the staff or interested

parties. The commission shall consider the matter de novo, but the decision of the board is considered affirmed unless two-thirds (2/3) of the commission members voting vote to deny the administrative appeal, exception, use, or variance.
(c) METRO. Although persons other than the designated official may not appeal a decision of a board of zoning appeals to the metropolitan development commission, they may appear as interested parties in appeals under this section. No public notice need be given of the hearing of an appeal under this section, but the official shall promptly mail notice of the subject of the appeal and date and place of the hearing to each adverse party. However, if the record of the board shows that more than three (3) proponents or more than three (3) remonstrators appeared, then the official need mail notice only to the first three (3) of each as disclosed by the record.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.52; Acts 1982, P.L.212, SEC.7; P.L.357-1983, SEC.19; P.L.320-1995, SEC.14.

IC 36-7-4-923
Alternate procedure of plan commission for expedient disposition of petitions; hearing officers; rules; appointment for historic area or district
     Sec. 923. (a) This section allows the establishment of an alternate procedure by the plan commission under which there can be a more expedient disposition of certain matters. When authorized by the plan commission, a hearing officer has the power of a board of zoning appeals to approve or deny, through the alternate procedure allowed by this section:
        (1) a variance from the development standards of the zoning ordinance in accordance with section 918.5 of this chapter; or
        (2) a special exception, special use, contingent use, or conditional use from the terms of the zoning ordinance in accordance with section 918.2 of this chapter; or
        (3) a variance of use from the terms of the zoning ordinance in accordance with section 918.4 of this chapter; however, the authority of a hearing officer under this subdivision may be exercised only if:
            (A) the area planning law is not applicable; and
            (B) the variance of use would allow all of the following:
                (i) The expansion of a use currently existing on the tract.
                (ii) A use that is consistent with the comprehensive plan.
    (b) All requirements for variances, exceptions, and uses imposed by the 900 series apply to the alternate procedure, except to the extent that a provision of section 924 of this chapter imposes a different requirement.
    (c) The alternate procedure does not apply in any excluded city as described in IC 36-3-1-7. Sections 919(f) and 922 of this chapter do not apply to the alternate procedure.
    (d) The hearing officer (who may be a board member, a staff

member, or any other person) shall be appointed by the plan commission. More than one (1) hearing officer may be appointed. A hearing officer may be removed from his responsibilities at any time by the plan commission.
    (e) METRO. The plan commission may adopt other rules for the alternate procedure not inconsistent with the 900 series of the metropolitan development law. These rules may specify the period during which the staff may indicate whether the staff objects to the proposed variance, exception, or use. These rules may also provide for public notice and due notice to interested parties in accordance with section 920(b), 920(c), and 920(d) of this chapter, but the rules may, because of the nature of the petitions heard under the alternate procedure, provide for a less inclusive definition of "interested person" and provide for a quicker and less burdensome method of giving notice to interested persons than rules applicable to petitions not filed under the alternate procedure. For purposes of subsection (d), the director of the department of metropolitan development shall nominate, and the plan commission shall appoint, all hearing officers; such a hearing officer may be removed from his responsibilities at any time by either the director or the plan commission.
    (f) METRO. The plan commission may, if requested by a historic preservation commission created under IC 36-7-11.1-3, appoint:
        (1) a member of the historic preservation commission;
        (2) a member of the historic preservation staff; or
        (3) a person who is an employee of the department of metropolitan development;
as a hearing officer to act in a historic area or historic zoning district created under IC 36-7-11.1-6. The hearing officer may be removed from the hearing officer's responsibilities at any time by either the historic preservation commission or the plan commission.
As added by Acts 1982, P.L.212, SEC.8. Amended by P.L.357-1983, SEC.20; P.L.320-1995, SEC.15; P.L.321-1995, SEC.5.

IC 36-7-4-924
Alternate procedure of plan commission; rules; objections; commitments; disposition of petitions or applications; appeal
     Sec. 924. (a) In establishing the alternate procedure under section 923 of this chapter, the plan commission may adopt rules:
        (1) limiting the kinds of variance, special exception, special use, contingent use, or conditional use petitions or applications that may be filed under the alternate procedure;
        (2) permitting the hearing officer, in appropriate circumstances, to transfer a petition or an application filed under the alternate procedure to the board of zoning appeals;
        (3) requiring the creation of minutes and records of the proceedings before the hearing officer and the filing of the minutes and records as public records; and
        (4) regulating conflicts of interest and communication with the hearing officer, so as to require the same level of conduct as is

IC 36-7-4-1000
1000 Series_Remedies and enforcement
Sec. 1000. This series (sections 1000 through 1099 of this

chapter) may be cited as follows: 1000 SERIES.REMEDIES AND ENFORCEMENT.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1001
Remedies and enforcement; stay of proceedings and work on premises affected pending appeal to board of zoning appeals
Sec. 1001. (a) When an appeal from the decision of an official or board has been filed with the board of zoning appeals, proceedings and work on the premises affected shall be stayed unless the official or board certifies to the board of zoning appeals that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In that case, proceedings or work may not be stayed except by a restraining order.
(b) After notice to the officer or board and to the owner of the premises affected and after due cause is shown, the circuit or superior court of the county in which the premises affected are located may grant the restraining order.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.53.

IC 36-7-4-1002
Remedies and enforcement; stay order
Sec. 1002. After the owner of, or a person in charge of the work on, the premises affected has received notice that an appeal has been filed with the board of zoning appeals, the official or board charged with the enforcement of an ordinance, under the 600 series of this chapter, may order the work stayed and call on the police power of the municipality or county to give effect to that order.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1003
Remedies and enforcement; review by certiorari of decisions of legislative body or board of zoning appeals; venue; limitations
     Sec. 1003. (a) Each decision of the legislative body under section 918.6 of this chapter or the board of zoning appeals is subject to review by certiorari. Each person aggrieved by a decision of the board of zoning appeals or the legislative body may file with the circuit or superior court of the county in which the premises affected are located, a verified petition setting forth that the decision is illegal in whole or in part and specifying the grounds of the illegality. No change of venue from the county in which the premises affected are located may be had in any cause arising under this section.
    (b) ADVISORY. The person shall file the petition with the court within thirty (30) days after the date of that decision of the board of zoning appeals.
    (c) AREA. The person shall file the petition with the court within thirty (30) days after the date of that decision of the board of zoning appeals.
    (d) METRO. The person shall file the petition with the court after

the expiration of the period within which an official designated by the metropolitan development commission may file an appeal under section 922 of this chapter but within thirty (30) days after the date of that decision of the board of zoning appeals. However, if the official files an appeal, then only the decision of the metropolitan development commission sitting as a board of zoning appeals is subject to review by certiorari, in accordance with this section. The official or department of metropolitan development may not seek review by certiorari of a decision of a board of zoning appeals or the commission sitting as a board of zoning appeals.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.304-1989, SEC.2; P.L.1-1990, SEC.360; P.L.320-1995, SEC.17; P.L.150-2003, SEC.1.

IC 36-7-4-1004
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)

IC 36-7-4-1005
Remedies and enforcement; writ of certiorari; notice of filing of petition; contents
     Sec. 1005. (a) On filing a petition for a writ of certiorari with the clerk of the court, the petitioner for the writ of certiorari shall give notice of the petition as follows:
        (1) If the petitioner is the applicant or petitioner for the use, special exception, or variance, the petitioner shall have a notice served by the sheriff of the county on each adverse party as shown by the record of the case in the office of the board of zoning appeals.
        (2) If the petitioner is not the applicant for the use, special exception, or variance and is a person aggrieved by the decision of a board of zoning appeals as set forth in section 1003 of this chapter, the petitioner shall have a notice served by the sheriff of the county on:
            (A) each applicant or petitioner for the use, special exception, or variance; and
            (B) each owner of the property that is the subject of the application or petition for the use, special exception, or variance.
The service of the notice by the sheriff on the chairman or secretary of the board of zoning appeals constitutes notice of the filing of the petition to the board of zoning appeals, to the municipality or county, and to any municipal or county official or board charged with the enforcement of the zoning ordinance. No other summons or notice is necessary when filing a petition.
    (b) An adverse party under this section is any property owner whose interests are opposed to the petitioner for the writ of certiorari and who appeared at the hearing before the board of zoning appeals either in person or by a written remonstrance or other document that is part of the hearing record. If the petitioner was an unsuccessful

appellant in the administrative appeal, or an unsuccessful petitioner or applicant for a variance, special exception, or special or conditional use, and the record shows a written remonstrance or other document opposing the interest of the petitioner that contains more than three (3) names, the petitioner shall have notice served on the three (3) property owners whose names appear first on the remonstrance or document. Notice to the other persons named is not required.
    (c) Notice given under subsection (a) must state:
        (1) that a petition for a writ of certiorari, asking for a review of the decision of the board of zoning appeals, has been filed in the court;
        (2) the premises affected; and
        (3) the date of the decision.
    (d) An adverse party who is entitled to notice of a petition for writ of certiorari under subsection (a) is not required to be named as a party to the petition for writ of certiorari.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.320-1995, SEC.18; P.L.150-2003, SEC.2.

IC 36-7-4-1006
Remedies and enforcement; writ of certiorari; requirement to show cause; allowance; time for return
Sec. 1006. The court shall direct the board of zoning appeals, within twenty (20) days after the date the petition is filed, to show cause why a writ of certiorari should not issue. If the board fails to show to the satisfaction of the court that a writ should not issue, then the court may allow a writ of certiorari directed to the board. The writ must prescribe the time in which a return shall be made to it. This time must not be less than ten (10) days from the date of issuance of the writ, and the court may extend the time.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.150-2003, SEC.3.

IC 36-7-4-1007
Remedies and enforcement; allowance of writ; stay of proceedings or work; effect on adverse party
Sec. 1007. The allowance of the writ of certiorari does not stay proceedings or work on the premises affected. After application, after notice to all parties to the decision, and after due cause is shown, the court may, however, grant such relief as the circumstances of the case may require, including an order staying the work until final determination of the case by the court. This staying order may be issued by the court without requiring the petitioner to enter into a written undertaking to the adverse party affected by the order for the payment of damages by reason of the staying order.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1008
Remedies and enforcement; return to writ; requisites; cost of

transcript
Sec. 1008. (a) The board of zoning appeals shall, in the return to the writ of certiorari, concisely set forth such facts and data as may be pertinent and present material to show the grounds of the decision on appeal. The secretary of the board shall verify the return. The board may not be required to return the original papers acted on by it. It is sufficient to return certified copies of all or such part of the papers as may be called for by the writ.
(b) If the writ of certiorari calls for a transcript of the hearing before the board, the petitioner shall pay the costs of preparing the transcript.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.54.

IC 36-7-4-1009
Remedies and enforcement; writ of certiorari; determination by court; supplemental evidence
Sec. 1009. The court may determine the sufficiency of the statements of illegality contained in the petition, without further pleadings, and may make its determination and render its judgment with reference to the legality of the decision of the board of zoning appeals, on the facts set out in the return to the writ of certiorari. If the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence to supplement the evidence and facts disclosed by the return to the writ of certiorari, but the review may not be by trial de novo. In passing on the legality of the decision of the board, the court may reverse, affirm, or modify the decision of the board brought up for review.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1010
Remedies and enforcement; preference of issues; costs
Sec. 1010. (a) Costs may not be allowed against the board of zoning appeals unless it appears to the court that the board acted with gross negligence or in bad faith in making the decision brought up for review.
(b) Issues in any proceeding under sections 1003 through 1009 of this chapter have preference over all other civil actions and proceedings.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.55.

IC 36-7-4-1011
Remedies and enforcement; appeal to court of appeals
Sec. 1011. An appeal may be taken to the court of appeals from the final judgment of the court reversing, affirming, or modifying the decision of the board of zoning appeals. This appeal must be taken in the same manner and on the same terms as appeals in other civil actions.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1012
Remedies and enforcement; violation as common nuisance
Sec. 1012. An ordinance adopted under this chapter may provide that a structure erected, raised, or converted, or land or premises used, in violation of this chapter or an ordinance or regulation made under this chapter, is a common nuisance and that the owner or possessor of the structure, land, or premises is liable for maintaining a common nuisance.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.56.

IC 36-7-4-1013
Remedies and enforcement; prosecution; attorneys
     Sec. 1013. (a) ADVISORY. When the legislative body provides penalties for failure to comply with any ordinance, the municipal attorney or an attorney representing the county, as the case may be, shall, on receipt of information of the violation of any ordinance, make an investigation of the alleged violation. If acts elicited by the investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, the municipal attorney or an attorney representing the county may file a complaint against the person and prosecute the alleged violation.
    (b) AREA.METRO. The plan commission or a board of zoning appeals may request the prosecuting attorney of the county (or of the city under the metropolitan development law) to take appropriate action in any case involving the violation of this chapter or of any ordinance or regulation adopted under it. The prosecuting attorney shall act promptly when requested.
    (c) AREA. The plan commission may appoint one (1) or more attorneys to advise the planning department and to assist in the enforcement of the area planning law, and ordinances and regulations adopted under it. The commission may employ one (1) attorney on a full-time basis so that the attorney can become fully informed on the specialized law of planning, zoning, and subdivision control. The services of an attorney, appointed by the commission, shall be made available without extra compensation to the prosecuting attorney in all cases involving the planning department. The attorneys may be deputized to act for and under the direction of the prosecuting attorney. In civil actions for the enforcement of the area planning law or ordinances or regulations adopted under it, an attorney appointed by the commission may bring an action in the name of the commission.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.137-1989, SEC.16.

IC 36-7-4-1014
Remedies and enforcement; allowable actions
Sec. 1014. (a) The plan commission or any enforcement official designated in the zoning ordinance may bring an action in the circuit or superior court of the county to invoke any legal, equitable, or

special remedy for the enforcement of this chapter or any ordinance adopted or action taken under this chapter.
    (b) The plan commission or any enforcement official designated in the zoning ordinance may also bring an action in the circuit or superior court of the county to enforce:
        (1) conditions imposed under this chapter;
        (2) covenants made in connection with a subdivision plat, a development plan, or a PUD district ordinance (as defined in section 1503 of this chapter); or
        (3) commitments made in accordance with this chapter.
    (c) ADVISORY. In addition, in each county having a metropolitan plan commission, if the county or second class city adopts a zoning ordinance under this chapter, then that unit may also invoke any remedy under this section. However, the county may do so only outside the corporate boundaries of the city, and the city may do so only within its corporate boundaries.
    (d) METRO. The metropolitan development commission may also bring an action in the circuit or superior court of the county to enforce:
        (1) conditions imposed under this chapter;
        (2) covenants made in connection with a subdivision plat, a development plan, or a PUD district ordinance (as defined in section 1503 of this chapter); or
        (3) commitments made in accordance with this chapter.
The metropolitan development commission may invoke any legal, equitable, or special remedy in such an action.
    (e) An action for the levy of a fine or penalty for enforcement of a zoning ordinance may be brought in any court located within the jurisdiction of the plan commission.
    (f) If the plan commission or designated enforcement official is successful in the action, the respondent shall bear the costs of the action. A change of venue from the county may not be granted in such an action.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.27; P.L.2-1989, SEC.27; P.L.261-1993, SEC.1; P.L.16-1995, SEC.13; P.L.320-1995, SEC.19.

IC 36-7-4-1015
Remedies and enforcement; injunctive relief; costs; venue; commitments; defenses
Sec. 1015. (a) ADVISORY.AREA. The board of zoning appeals or any enforcement official designated in the zoning ordinance may bring an action for injunction in the circuit or superior court of the county to restrain a person from violating this chapter or an ordinance adopted under this chapter.
(b) ADVISORY.AREA. The board of zoning appeals may also bring an action in the circuit or superior court of the county for a mandatory injunction, directing a person to remove a structure erected in violation of this chapter or of an ordinance adopted under this chapter.

    (c) ADVISORY.AREA. If the board of zoning appeals is successful in its action, the respondent shall bear the costs of the action. A change of venue from the county may not be granted in such an action.
    (d) An action to enforce a commitment made in accordance with this chapter may be brought in the circuit or superior court of the county by:
        (1) any person who was entitled to enforce a commitment under the rules of the plan commission or board of zoning appeals in force at the time the commitment was made; or
        (2) any other specially affected person who was designated in the commitment.
    (e) A person bringing an action to enforce a commitment made under this chapter may request mandatory or prohibitory injunctive relief through the granting of a temporary restraining order, preliminary injunction, or permanent injunction. In an action to enforce a commitment, it is not a defense that no consideration was given for the commitment, that the commitment does not benefit any designated parcel of property, that the document setting forth the commitment lacks a seal, that there is no privity of estate, that there is not privity of contract, or that there is no proof of damages.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.320-1995, SEC.20.

IC 36-7-4-1016
Remedies and enforcement; review by certiorari of commissioner's decision
     Sec. 1016. The following decisions of the plan commission may be reviewed by certiorari procedure in the same manner as that provided for the appeal of a decision of the board of zoning appeals:
        (1) A final decision under the 700 series of this chapter (subdivision control).
        (2) A final decision under IC 36-7-3-11(h) (appeal of a vacation decision).
        (3) A final decision under the 1400 series of this chapter (development plans).
        (4) A final decision under the 1500 series of this chapter (planned unit development), when authority to make a final decision is delegated to the plan commission by the legislative body under section 1511 of this chapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.57; P.L.320-1995, SEC.21.

IC 36-7-4-1017
Remedies and enforcement; status of structures erected in violation
Sec. 1017. In an action or proceeding by the municipality or county for the taking, appropriation, or condemnation of land, or in an action against the municipality or county, no compensation or damages may be awarded for the taking of or injury to any structure erected in violation of:

(1) an ordinance adopted under this chapter; or
(2) any prior ordinance superseded by an ordinance adopted under this chapter.
This section applies only if the structure remains in violation at the time of the taking, appropriation, or condemnation.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.58.

IC 36-7-4-1018
Violations; penalties; ordinances
Sec. 1018. Ordinances adopted under this chapter may provide for penalties for violations, subject to IC 36-1-3-8.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.59.

IC 36-7-4-1019
Remedies and enforcement; nonconforming use or variance; burden of proof
Sec. 1019. In an enforcement action brought under this chapter, the party alleging the existence of a nonconforming use or variance granted by a board of zoning appeals has the burden of proof on that issue. The nonexistence of a nonconforming use or variance need not be proved.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.60.

IC 36-7-4-1020
Ordinances; presumption of validity; judicial notice
Sec. 1020. (a) All ordinances adopted under this chapter are presumed to have been validly adopted.
(b) A court or a board of zoning appeals shall take judicial notice of all ordinances adopted under this chapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.61; P.L.220-1986, SEC.28.

IC 36-7-4-1100
1100 Series_Miscellaneous provisions
Sec. 1100. This series (sections 1100 through 1199 of this chapter) may be cited as follows: 1100 SERIES.MISCELLANEOUS PROVISIONS.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1101
Miscellaneous provisions; application
     Sec. 1101. AREA. The area planning law does not apply in:
        (1) a county where countywide planning and zoning is required by statute; and
        (2) a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.12-1992, SEC.165.

IC 36-7-4-1102
Miscellaneous provisions; supplemental nature of planning law
Sec. 1102. ADVISORY. The advisory planning law is supplemental to and does not abrogate the powers extended to agencies, bureaus, departments, commissions, divisions, or officials of state government by other statutes and these powers remain in effect. Powers of supervision and regulation by these entities of state government over political subdivisions or persons also are not abrogated and continue in effect.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1103
Miscellaneous provisions; use and alienation of mineral resources and forests outside urban areas
     Sec. 1103. (a) This section does not apply to a plan commission exercising jurisdiction in a county having a population of more than twenty thousand three hundred (20,300) but less than twenty thousand five hundred (20,500).
    (b) ADVISORY_AREA. For purposes of this section, urban areas include all lands and lots within the corporate boundaries of a municipality, any other lands or lots used for residential purposes where there are at least eight (8) residences within any quarter mile square area, and other lands or lots that have been or are planned for residential areas contiguous to the municipality.
    (c) ADVISORY_AREA. This chapter does not authorize an ordinance or action of a plan commission that would prevent, outside of urban areas, the complete use and alienation of any mineral resources or forests by the owner or alienee of them.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.117-1986, SEC.3; P.L.346-1987, SEC.1; P.L.305-1989, SEC.1; P.L.12-1992, SEC.166; P.L.216-1999, SEC.5; P.L.170-2002, SEC.153.

IC 36-7-4-1104
Miscellaneous provisions; no effect on eminent domain
Sec. 1104. (a) As used in this section, "state agency" means all agencies, boards, commissions, departments, and institutions, including state educational institutions, of the state.
(b) ADVISORY.AREA. This chapter does not restrict or regulate (or authorize any political subdivision, legislative body, plan commission, or board of zoning appeals to restrict or regulate) the exercise of the power of eminent domain by the state or by any state agency or the use of property owned or occupied by the state or by any state agency.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1105
Miscellaneous provisions; setting aside memorials or monuments

Sec. 1105. ADVISORY. The advisory planning law does not restrict or prohibit the state of any of its political subdivisions from setting aside, by law, sites, memorials, edifices, and monuments in commemoration of persons or objects of historical or architectural interest or value as a part of our citizens' heritage.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1106
Miscellaneous provisions; comprehensive plans and ordinances; standards and requirements; manufactured homes
     Sec. 1106. (a) As used in this section:
        (1) "Manufactured home" means a dwelling unit, designed and built in a factory, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).
        (2) "Underfloor space" means that space between the bottom of the floor joists and the earth.
        (3) "Occupied space" means the total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to, garages, patios and porches.
    (b) Comprehensive plans and ordinances adopted under the provisions of this chapter may subject dwelling units and lots to identical standards and requirements, whether or not the dwelling unit to be placed on a lot is a manufactured home or some other type of dwelling unit. These standards and requirements may include, but are not limited to:
        (1) setback distance;
        (2) side and rear yard area;
        (3) vehicle parking space;
        (4) minimum square footage of the dwelling unit; and
        (5) underfloor space enclosure requirements.
However, aesthetic standards and requirements pertaining to the home structure itself which are adopted under this section may only pertain to roofing and siding materials.
    (c) METRO. Standards and requirements, specified in comprehensive plans and ordinances, adopted under this section for lots and dwelling units may not totally preclude all manufactured homes constructed after January 1, 1981, and that exceed twenty-three (23) feet in width and nine hundred fifty (950) square feet of occupied space, from being installed as permanent residences on any lot on which any other type of dwelling unit may be placed.
    (d) ADVISORY.AREA. Standards and requirements, specified in comprehensive plans and ordinances, adopted under this section for lots and dwelling units may not totally preclude all manufactured homes constructed after January 1, 1981, and that exceed nine hundred fifty (950) square feet of occupied space, from being installed as permanent residences on any lot on which any other type of dwelling unit may be placed.
As added by Acts 1981, P.L.312, SEC.1. Amended by Acts 1982,

P.L.33, SEC.32.

IC 36-7-4-1107
Children's home
     Sec. 1107. (a) This section applies to a children's home providing residential care for eleven (11) or more children that is operating in a residential area on January 1, 1992.
    (b) As used in this section, "children's home" has the meaning set forth in IC 12-7-2-29(1).
    (c) A zoning ordinance may not prevent improvements to a children's home on the grounds that:
        (1) the children's home is a business; or
        (2) the persons residing in the children's home are not related.
    (d) Except as provided in subsection (c), a children's home must meet the same:
        (1) zoning requirements;
        (2) developmental standards; and
        (3) building codes;
that apply to the improvement of residential structures in the same residential district or classification as the children's home.
    (e) As used in this subsection, "tract" has the meaning set forth in IC 6-1.1-1-22.5. A children's home must comply with a restriction, reservation, condition, exception, or covenant in a subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property that:
        (1) applies to the tract on which the children's home is located; and
        (2) is in existence for that tract before the children's home acquires ownership or use of the tract.
As added by P.L.142-1992, SEC.1. Amended by P.L.1-1993, SEC.242; P.L.2-1995, SEC.131.

IC 36-7-4-1108
Child care home used as primary residence of care home operator; zoning restrictions
     Sec. 1108. (a) This section applies only to a child care home that is used as the primary residence of the person who operates the child care home.
    (b) As used in this section, "child care home" has the meaning set forth in IC 12-7-2-28.6.
    (c) Except as provided in subsection (e), a zoning ordinance may not do any of the following:
        (1) Exclude a child care home from a residential area solely because the child care home is a business.
        (2) Impose limits on the number of children that may be served by a child care home at any one (1) time that vary from the limits set forth in IC 12-7-2-33.7 and IC 12-7-2-33.8.
        (3) Impose requirements or restrictions upon child care homes that vary from the requirements and restrictions imposed upon child care homes by rules adopted by the division of family

resources or the fire prevention and building safety commission.
    (d) Notwithstanding subsection (c), a child care home may be required to meet the same:
        (1) zoning requirements;
        (2) developmental standards; and
        (3) building codes;
that apply to other residential structures in the same residential district or classification as the child care home.
    (e) A zoning ordinance:
        (1) that is in effect on July 1, 1993; and
        (2) that:
            (A) excludes a child care home from a residential area solely because the child care home is a business;
            (B) imposes limits on the number of children that may be served by a child care home at any one (1) time that vary from the limits set forth in IC 12-7-2-33.7 and IC 12-7-2-33.8; or
            (C) imposes requirements or restrictions upon child care homes that vary from the requirements and restrictions imposed upon child care homes by rules adopted by the division of family resources or the fire prevention and building safety commission;
is not subject to subsection (c) until July 1, 1994.
As added by P.L.136-1993, SEC.23. Amended by P.L.145-2006, SEC.374.

IC 36-7-4-1109
Approval of permit, plat, plan, use, or exception; applicability of local or state law while approval pending
     Sec. 1109. (a) As used in this section, "local governmental agency" includes any agency, officer, board, or commission of a local unit of government that may issue:
        (1) a permit; or
        (2) an approval of a land use or an approval for the construction of a development, a building, or another structure.
    (b) As used in this section, "permit" means any of the following:
        (1) An improvement location permit.
        (2) A building permit.
        (3) A certificate of occupancy.
        (4) Approval of a site-specific development plan.
        (5) Approval of a primary or secondary plat.
        (6) Approval of a conditional use, special exception or special use.
        (7) Approval of a planned unit development.
    (c) If a person files a complete application as required by the effective ordinances or rules of a local governmental agency for a permit with the appropriate local governmental agency, the granting of the permit, and the granting of any secondary, additional, or related permits or approvals required from the same local governmental agency with respect to the general subject matter of the

application for the first permit, are governed for at least three (3) years after the person applies for the permit by the statutes, ordinances, rules, development standards, and regulations in effect and applicable to the property when the application is filed, even if before the issuance of the permit or while the permit approval process is pending, or before the issuance of any secondary, additional, or related permits or approvals or while the secondary, additional, or related permit or approval process is pending, the statutes, ordinances, rules, development standards, or regulations governing the granting of the permit or approval are changed by the general assembly or the applicable local legislative body or regulatory body. However, this subsection does not apply if the development or other activity to which the permit relates is not completed within seven (7) years after the development or activity is commenced.
    (d) Subsection (e) applies if:
        (1) either:
            (A) a local governmental agency issues to a person a permit or grants a person approval for the construction of a development, a building, or another structure; or
            (B) a permit or approval is not required from the local governmental agency for the construction of the development, building, or structure;
        (2) before beginning the construction of the development, building, or structure, the person must obtain a permit or approval for the construction of the development, building, or structure from a state governmental agency; and
        (3) the person has applied for the permit or requested the approval for the construction of the development, building, or structure from the state governmental agency within ninety (90) days of issuance of the permit by the local governmental agency.
    (e) Subject to subsection (f), if the conditions of subsection (d) are satisfied:
        (1) a permit or approval issued or granted to a person by the local governmental agency for the construction of the development, building, or structure; or
        (2) the person's right to construct the development, building, or structure without a permit or approval from the local governmental agency;
is governed for at least three (3) years after the person applies for the permit by the statutes, ordinances, rules, development standards, regulations, and approvals in effect and applicable to the property when the person applies for the permit or requests approval from the state governmental agency for the construction of the development, building, or structure, even if before the commencement of the construction or while the permit application or approval request is pending with the state governmental agency the statutes governing the granting of the permit or approval from the local governmental agency are changed by the general assembly or the ordinances, rules,

development standards, or regulations of the local governmental agency are changed by the applicable local legislative body or regulatory body. However, this subsection does not apply if the development or other activity to which the permit or approval request relates is not completed within seven (7) years after the development or activity is commenced.
(f) Subsection (d) does not apply to property when it is demonstrated by the local or state governmental agency that the construction of the development, building, or structure would cause imminent peril to life or property.
(g) This section does not apply to building codes under IC 22-13.
As added by P.L.49-2006, SEC.1.

IC 36-7-4-1200
1200 Series_Township joinder
Sec. 1200. This series (sections 1200 through 1299 of this chapter) may be cited as follows: 1200 SERIES.TOWNSHIP JOINDER.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1201
Township joinder; conditions
     Sec. 1201. ADVISORY. A township may join a municipality that has an advisory plan commission and has adopted zoning and subdivision control ordinances, if any part of the township is contiguous to:
        (1) a corporate boundary of the municipality;
        (2) an area over which the municipality is exercising planning and zoning authority; or
        (3) a township that has joined the municipality under the 1200 series of this chapter.
Although no part of the township is contiguous to the municipality, a township may join a municipality that has an advisory plan commission and has adopted zoning and subdivision control ordinances, if the municipality is the county seat of the county in which the township is located.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1202
Township joinder; additional conditions
     Sec. 1202. (a) ADVISORY. In a county that has a county plan commission or a metropolitan plan commission, after the county has adopted:
        (1) a zoning ordinance that establishes reasonable districts for:
            (A) agricultural, residential, commercial, and industrial land uses;
            (B) adequate setback lines; and
            (C) area, bulk, and height restrictions; and
        (2) a subdivision control ordinance that imposes restrictions at least equal to those established in the zoning ordinance;

a township may not join with a municipality for planning and zoning purposes. This subsection does not affect a joinder agreement implemented before the county adopts ordinances of the character set forth in this subsection. Such a joinder agreement continues in effect until the township withdraws from the joinder under section 1212 of this chapter.
(b) ADVISORY. If a county has not established a county plan commission or a metropolitan plan commission or adopted ordinances of the character set forth in subsection (a), a township may join with a municipality for planning and zoning purposes.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.306-1989, SEC.1.

IC 36-7-4-1203
Township joinder; filing of petition; hearing; notice; remonstrance
Sec. 1203. (a) ADVISORY. If a township wants to join a municipality for planning and zoning purposes, a petition, signed by fifty (50) freeholders, must be filed with the township executive. The township executive and the township legislative body shall hold a hearing within thirty (30) days after the date of the filing of the petition. Public notice, giving the place, date, and time of the hearing, shall be given in accordance with IC 5-3-1.
(b) ADVISORY. If a remonstrance duly signed by a majority of the freeholders of the township residing outside the corporate boundaries of any municipality is filed on or before the date of the hearing, no action may be taken on the petition. If no such remonstrance is filed, the township executive and legislative body shall send the petition requesting joinder immediately to the municipal plan commission. If a petition for joinder is rejected under remonstrance as provided in this section, it may be refiled not earlier than one (1) year after that remonstrance.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.23.

IC 36-7-4-1204
Township joinder; consideration of petition
Sec. 1204. ADVISORY. Upon the receipt of a petition for joinder from a township, the municipal plan commission shall consider the petition. If the commission is favorable to it, it shall recommend joinder to the municipal legislative body. If the legislative body is favorable, it shall pass a resolution setting forth the terms of the joinder, send one (1) copy to the township executive, and file one (1) copy with the county recorder, which copy shall be filed in the miscellaneous records. If the commission or the legislative body rejects the petition, it shall immediately notify the township executive.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1205
Township joinder; choice of municipality for joinder

Sec. 1205. ADVISORY. If a township is contiguous to two (2) or more municipalities, the township may elect the municipality with which it wants to join.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1206
Township joinder; limitations on choice of municipality
Sec. 1206. (a) ADVISORY. If a township is partially within the corporate boundaries of a municipality or is partially within the jurisdictional limits of a municipality, as specified in section 205 of the advisory planning law, it may seek joinder only with that municipality.
(b) ADVISORY. If a township is within the jurisdictional limits of two (2) municipalities and one (1) of those municipalities is exercising control within the jurisdictional limit, the township must first seek joinder with that municipality. If both municipalities are exercising jurisdiction, then the township may choose the municipality with which it wants to join.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1207
Township joinder; joinder with county or municipality in other county
     Sec. 1207. ADVISORY. If a township located in another county is contiguous to:
        (1) a municipal or county boundary;
        (2) an area over which a municipality is exercising planning and zoning authority; or
        (3) a township that has joined a municipality or county under the 1200 series of this chapter;
and joinder is not precluded by section 1202 of this chapter, then it may join either a contiguous municipality or a contiguous county that:
        (A) has an advisory plan commission; and
        (B) has adopted ordinances of the type specified in section 1202 of this chapter.
The procedures for joinder are the same as specified by sections 1203 and 1204 of this chapter, except that if joinder is with a county, the petition must go to the county plan commission or the metropolitan plan commission and the resolution of approval must be adopted by the county legislative body.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1208
Township joinder; planning and zoning jurisdiction
Sec. 1208. ADVISORY. If the petition is accepted, the planning and zoning jurisdiction of the municipality, or of the county under section 1207 of this chapter, extends to the township with the same effect as if the township was a part of the municipality or the county, as the case may be.

As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1209
Township joinder; planning and zoning cost
Sec. 1209. ADVISORY. As a condition to the acceptance of the petition, the legislative body of a municipality or county may stipulate that the township contract with it for the payment of an equitable amount of the cost of planning and zoning within the township. If the municipality or county believes that it is to its advantage, it may agree to provide planning and zoning services without cost to the township.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1210
Township joinder; membership of township on advisory plan commission
Sec. 1210. (a) ADVISORY. To implement the joinder agreement, the township executive, with the approval of the township legislative body, shall appoint additional members to the advisory plan commission. The number of additional appointments must be such that, when added to the membership of the plan commission before joinder, the total membership of the plan commission reflects the proportion that the population of the township bears to that of the municipality or county, as the case may be. However, this proportional representation must not cause a reduction in the number of members representing that municipality or county.
(b) ADVISORY. Each additional member shall serve for a term of two (2) years from the date of the appointment. Members may be reappointed to subsequent terms. The members have all the rights and privileges of a member of the advisory plan commission, including the right to vote.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1210.5
Township joinder; membership of certain townships on advisory plan commission in certain counties
     Sec. 1210.5. (a) ADVISORY. As used in this section, "municipality" refers to the most populous municipality in the jurisdiction of the plan commission.
    (b) ADVISORY. This section applies to a plan commission operating under a joinder agreement:
        (1) in a county having a population of more than one hundred eighty thousand (180,000) but less than one hundred eighty-two thousand seven hundred ninety (182,790); and
        (2) containing:
            (A) a township having a population of more than eighteen thousand (18,000) but less than twenty-five thousand (25,000); or
            (B) a township having a population of more than nine thousand (9,000) but less than fifteen thousand (15,000).

    (c) ADVISORY. Notwithstanding section 1210 of this chapter, a plan commission described in subsection (b) shall have nine (9) members as follows:
        (1) Four (4) members who are residents of the municipality, to be appointed for four (4) year terms by the executive of the municipality.
        (2) Three (3) members who are residents of the municipality, to be appointed for four (4) year terms by the legislative body of the municipality.
        (3) Two (2) members who are residents of the township, to be appointed for four (4) year terms by the township executive with the approval of the township legislative body.
    (d) The joinder agreement expires if the municipality annexes the entire area of a township described in subsection (b)(2).
    (e) A joinder agreement under this section may be terminated if:
        (1) the municipality adopts an ordinance terminating the joinder agreement;
        (2) before adopting the ordinance under subdivision (1), the municipality conducts a public hearing on the issue of terminating the joinder agreement; and
        (3) the executive of the municipality provides written notice to the township executive of the township subject to the joinder agreement that states the reason for the municipality's termination of the joinder agreement.
As added by P.L.322-1995, SEC.1. Amended by P.L.226-1997, SEC.4; P.L.170-2002, SEC.154; P.L.39-2007, SEC.1.

IC 36-7-4-1210.6
Plan commission created by joinder agreement; vacancies
     Sec. 1210.6. (a) ADVISORY. This section applies to an advisory plan commission that is:
        (1) created through a joinder agreement; and
        (2) composed of nine (9) members, some of whom are appointed from a legislative branch of local government.
    (b) Notwithstanding any other provision, if:
        (1) there is a vacancy in the membership of a plan commission that is required by statute to be filled by a member of a legislative body of local government; and
        (2) no member of the legislative body of local government will accept an appointment to fill the vacancy;
the appointing authority may appoint a person from the community who is not an elected official to serve on the advisory plan commission for a term of one (1) year.
    (c) The person appointed under subsection (b) may be reappointed to successive terms.
As added by P.L.150-2003, SEC.4.

IC 36-7-4-1211
Township joinder; collection of fees
Sec. 1211. ADVISORY. Fees collected for the issuance of permits

or for the approval of subdivision plats shall be paid to the municipality or county, that the township joins, at the same rate and in the same manner as if the township was a part of that municipality or county.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1212
Township joinder; withdrawal of township; conditions; procedure
     Sec. 1212. ADVISORY. Because long range planning studies of population, land use, schools, recreation, and public ways involve substantial expenditures, a township that joins with a municipality or county may not withdraw from the joinder, unless:
        (1) the municipality or county has consolidated on an area basis its planning and zoning activity under other law; or
        (2) a petition, requesting a referendum on the question "Shall the township withdraw from joinder with (the municipality), or (the county), for planning and zoning purposes?", is sent to the township executive and is signed by at least the number of the voters of the township required under IC 3-8-6-3 to place a candidate on the ballot.
If the petition is received, the township executive shall certify the petition to the county election board under IC 3-10-9-3. The board shall place the question on a ballot to be submitted at the next general election for the township in the form prescribed by IC 3-10-9-4. If the township repays the amount expended for planning and zoning purposes that exceeds the amount contributed by the township and a majority of the voters voting in the election vote in the affirmative, the township may withdraw from its joinder with the municipality or county.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.3-1987, SEC.566; P.L.12-1995, SEC.131.

IC 36-7-4-1213
Township joinder; authorization
Sec. 1213. ADVISORY. This series authorizes each municipality and county to effect joinder with a contiguous township.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-1300
1300 Series_Impact Fees
Sec. 1300. This series (sections 1300 through 1399 of this chapter) may be cited as follows: 1300 SERIES _ IMPACT FEES.
As added by P.L.221-1991, SEC.1.

IC 36-7-4-1301
"Community level of service" defined
Sec. 1301. As used in this series, "community level of service" means a quantitative measure of the service provided by the infrastructure that is determined by a unit to be appropriate.
As added by P.L.221-1991, SEC.2.

IC 36-7-4-1302
"Current level of service" defined
Sec. 1302. As used in this series, "current level of service" means a quantitative measure of service provided by existing infrastructure to support existing development.
As added by P.L.221-1991, SEC.3.

IC 36-7-4-1303
"Development" defined
     Sec. 1303. As used in this series, "development" means an improvement of any kind on land.
As added by P.L.221-1991, SEC.4.

IC 36-7-4-1304
"Fee payer" and "person" defined
     Sec. 1304. (a) As used in this series, "fee payer" means the following:
        (1) A person who has paid an impact fee.
        (2) A person to whom a person who paid an impact fee has made a written assignment of rights concerning the impact fee.
        (3) A person who has assumed by operation of law the rights concerning an impact fee.
    (b) As used in this series, "person" means an individual, a sole proprietorship, a partnership, an association, a corporation, a fiduciary, or any other entity.
As added by P.L.221-1991, SEC.5.

IC 36-7-4-1305
"Impact fee" and "capital costs" defined
     Sec. 1305. (a) As used in this series, "impact fee" means a monetary charge imposed on new development by a unit to defray or mitigate the capital costs of infrastructure that is required by, necessitated by, or needed to serve the new development.
    (b) As used in this section, "capital costs" means the costs incurred to provide additional infrastructure to serve new development, including the following:
        (1) Directly related costs of construction or expansion of infrastructure that is necessary to serve the new development, including reasonable design, survey, engineering, environmental, and other professional fees that are directly related to the construction or expansion.
        (2) Directly related land acquisition costs, including costs incurred for the following:
            (A) Purchases of interests in land.
            (B) Court awards or settlements.
            (C) Reasonable appraisal, relocation service, negotiation service, title insurance, expert witness, attorney, and other professional fees that are directly related to the land acquisition.
        (3) Directly related debt service, subject to section 1330 of this

chapter.
(4) Directly related expenses incurred in preparing or updating the comprehensive plan or zone improvement plan, including all administrative, consulting, attorney, and other professional fees, as limited by section 1330 of this chapter.
As added by P.L.221-1991, SEC.6.

IC 36-7-4-1306
"Impact fee ordinance" defined
Sec. 1306. As used in this series, "impact fee ordinance" means an ordinance adopted under section 1311 of this chapter.
As added by P.L.221-1991, SEC.7.

IC 36-7-4-1307
"Impact zone" defined
Sec. 1307. As used in this series, "impact zone" means a geographic area designated under section 1315 of this chapter.
As added by P.L.221-1991, SEC.8.

IC 36-7-4-1308
"Infrastructure" defined
     Sec. 1308. As used in this series, "infrastructure" means the capital improvements that:
        (1) comprise:
            (A) a sanitary sewer system or wastewater treatment facility;
            (B) a park or recreational facility;
            (C) a road or bridge;
            (D) a drainage or flood control facility; or
            (E) a water treatment, water storage, or water distribution facility;
        (2) are:
            (A) owned solely for a public purpose by:
                (i) a unit; or
                (ii) a corporation created by a unit; or
            (B) leased by a unit solely for a public purpose; and
        (3) are included in the zone improvement plan of the impact zone in which the capital improvements are located.
The term includes site improvements or interests in real property needed for a facility listed in subdivision (1).
As added by P.L.221-1991, SEC.9.

IC 36-7-4-1309
"Infrastructure type" defined
     Sec. 1309. As used in this series, "infrastructure type" means any of the following types of infrastructure covered by an impact fee ordinance:
        (1) Sewer, which includes sanitary sewerage and wastewater treatment facilities.
        (2) Recreation, which includes parks and other recreational facilities.

        (3) Road, which includes public ways and bridges.
        (4) Drainage, which includes drains and flood control facilities.
        (5) Water, which includes water treatment, water storage, and water distribution facilities.
As added by P.L.221-1991, SEC.10.

IC 36-7-4-1310
"Infrastructure agency" defined
Sec. 1310. As used in this series, "infrastructure agency" means a political subdivision or an agency of a political subdivision responsible for acquiring, constructing, or providing a particular infrastructure type.
As added by P.L.221-1991, SEC.11.

IC 36-7-4-1311
Ordinance; jurisdiction to adopt; impact fees and other charges
     Sec. 1311. (a) The legislative body of a unit may adopt an ordinance imposing an impact fee on new development in the geographic area over which the unit exercises planning and zoning jurisdiction. The ordinance must aggregate the portions of the impact fee attributable to the infrastructure types covered by the ordinance so that a single and unified impact fee is imposed on each new development.
    (b) If the legislative body of a unit has planning and zoning jurisdiction over the entire geographic area covered by the impact fee ordinance, an ordinance adopted under this section shall be adopted in the same manner that zoning ordinances are adopted under the 600 SERIES of this chapter.
    (c) If the legislative body of a unit does not have planning and zoning jurisdiction over the entire geographic area covered by the impact fee ordinance but does have jurisdiction over one (1) or more infrastructure types in the area, the legislative body shall establish the portion of the impact fee schedule or formula for the infrastructure types over which the legislative body has jurisdiction. The legislative body of the unit having planning and zoning jurisdiction shall adopt an impact fee ordinance containing that portion of the impact fee schedule or formula if:
        (1) a public hearing has been held before the legislative body having planning and zoning jurisdiction; and
        (2) each plan commission that has planning jurisdiction over any part of the geographic area in which the impact fee is to be imposed has approved the proposed impact fee ordinance by resolution.
    (d) An ordinance adopted under this section is the exclusive means for a unit to impose an impact fee. An impact fee imposed on new development to pay for infrastructure may not be collected after January 1, 1992, unless the impact fee is imposed under an impact fee ordinance adopted under this chapter.
    (e) Notwithstanding any other provision of this chapter, the following charges are not impact fees and may continue to be

imposed by units:
        (1) Fees, charges, or assessments imposed for infrastructure services under statutes in existence on January 1, 1991, if:
            (A) the fee, charge, or assessment is imposed upon all users whether they are new users or users requiring additional capacity or services;
            (B) the fee, charge, or assessment is not used to fund construction of new infrastructure unless the new infrastructure is of the same type for which the fee, charge, or assessment is imposed and will serve the payer; and
            (C) the fee, charge, or assessment constitutes a reasonable charge for the services provided in accordance with IC 36-1-3-8(6) or other governing statutes requiring that any fees, charges, or assessments bear a reasonable relationship to the infrastructure provided.
        (2) Fees, charges, and assessments agreed upon under a contractual agreement entered into before April 1, 1991, or fees, charges, and assessments agreed upon under a contractual agreement, if the fees, charges, and assessments are treated as impact deductions under section 1321(d) of this chapter if an impact fee ordinance is in effect.
As added by P.L.221-1991, SEC.12.

IC 36-7-4-1312
Ordinance; prerequisites to adoption
     Sec. 1312. (a) A unit may not adopt an impact fee ordinance under section 1311 of this series unless the unit has adopted a comprehensive plan under the 500 SERIES of this chapter for the geographic area over which the unit exercises planning and zoning jurisdiction.
    (b) Before the adoption of an impact fee ordinance under section 1311 of this chapter, a unit shall establish an impact fee advisory committee. The advisory committee shall:
        (1) be appointed by the executive of the unit;
        (2) be composed of not less than five (5) and not more than ten (10) members with at least forty percent (40%) of the membership representing the development, building, or real estate industries; and
        (3) serve in an advisory capacity to assist and advise the unit with regard to the adoption of an impact fee ordinance under section 1311 of this chapter.
    (c) A planning commission or other committee in existence before the adoption of an impact fee ordinance that meets the membership requirements of subsection (b) may serve as the advisory committee that subsection (b) requires.
    (d) Action of an advisory committee established under subsection (b) is not required as a prerequisite for the unit in adopting an impact fee ordinance under section 1311 of this chapter.
As added by P.L.221-1991, SEC.13.

IC 36-7-4-1313
Other permissible fees and charges of adopting unit
     Sec. 1313. This series does not prohibit a unit from doing any of the following:
        (1) Imposing a charge to pay the administrative, plan review, or inspection costs associated with a permit for development.
        (2) Imposing, pursuant to a written commitment or agreement and as a condition or requirement attached to a development approval or authorization (including permitting or zoning decisions), an obligation to dedicate, construct, or contribute goods, services, land or interests in land, or infrastructure to a unit or to an infrastructure agency. However, if the unit adopts or has already adopted an impact fee ordinance under section 1311 of this chapter the following apply:
            (A) The person dedicating, contributing, or providing an improvement under this subsection is entitled to a credit for the improvement under section 1335 of this chapter.
            (B) The cost of complying with the condition or requirement imposed by the unit under this subdivision may not exceed the impact fee that could have been imposed by the unit under section 1321 of this chapter for the same infrastructure.
        (3) Imposing new permit fees, charges, or assessments or amending existing permit fees, charges, or assessments. However, the permit fees, charges, or assessments must meet the requirements of section 1311(e)(1)(A), 1311(e)(1)(B), and 1311(e)(1)(C) of this chapter.
As added by P.L.221-1991, SEC.14.

IC 36-7-4-1314
Ordinance; application
     Sec. 1314. (a) Except as provided in subsection (b), an impact fee ordinance must apply to any development:
        (1) that is in an impact zone; and
        (2) for which a unit may require a structural building permit.
    (b) An impact fee ordinance may not apply to an improvement that does not create a need for additional infrastructure, including the erection of a sign, the construction of a fence, or the interior renovation of a building not resulting in a change in use.
As added by P.L.221-1991, SEC.15.

IC 36-7-4-1315
Ordinance; establishment of impact zones
Sec. 1315. (a) An impact fee ordinance must establish an impact zone, or a set of impact zones, for each infrastructure type covered by the ordinance. An impact zone established for a particular infrastructure type is not required to be congruent with an impact zone established for a different infrastructure type.
(b) An impact zone may not extend beyond the jurisdictional boundary of an infrastructure agency responsible for the

infrastructure type for which the impact zone was established, unless an agreement under IC 36-1-7 is entered into by the infrastructure agencies.
(c) If an impact zone, or a set of impact zones, includes a geographic area containing territory from more than one (1) planning and zoning jurisdiction, the applicable legislative bodies and infrastructure agencies shall enter into an agreement under IC 36-1-7 concerning the collection, division, and distribution of the fees collected under the impact fee ordinance.
As added by P.L.221-1991, SEC.16.

IC 36-7-4-1316
Impact zones; geographical area
     Sec. 1316. A unit must include in an impact zone designated under section 1315 of this chapter the geographical area necessary to ensure that:
        (1) there is a functional relationship between the components of the infrastructure type in the impact zone;
        (2) the infrastructure type provides a reasonably uniform benefit throughout the impact zone; and
        (3) all areas included in the impact zone are contiguous.
As added by P.L.221-1991, SEC.17.

IC 36-7-4-1317
Ordinance; identification of responsible infrastructure agency
Sec. 1317. A unit must identify in the unit's impact fee ordinance the infrastructure agency that is responsible for acquiring, constructing, or providing each infrastructure type included in the impact fee ordinance.
As added by P.L.221-1991, SEC.18.

IC 36-7-4-1318
Ordinance; zone improvement plan preparation; contents of plan
     Sec. 1318. (a) A unit may not adopt an impact fee ordinance under section 1311 of this chapter unless the unit has prepared or substantially updated a zone improvement plan for each impact zone during the immediately preceding one (1) year period. A single zone improvement plan may be used for two (2) or more infrastructure types if the impact zones for the infrastructure types are congruent.
    (b) Each zone improvement plan must contain the following information:
        (1) A description of the nature and location of existing infrastructure in the impact zone.
        (2) A determination of the current level of service.
        (3) Establishment of a community level of service. A unit may provide that the unit's current level of service is the unit's community level of service in the zone improvement plan.
        (4) An estimate of the nature and location of development that is expected to occur in the impact zone during the following ten (10) year period.

        (5) An estimate of the nature, location, and cost of infrastructure that is necessary to provide the community level of service for the development described in subdivision (4). The plan must indicate the proposed timing and sequencing of infrastructure installation.
        (6) A general description of the sources and amounts of money used to pay for infrastructure during the previous five (5) years.
    (c) If a zone improvement plan provides for raising the current level of service to a higher community level of service, the plan must:
        (1) provide for completion of the infrastructure that is necessary to raise the current level of service to the community level of service within the following ten (10) year period;
        (2) indicate the nature, location, and cost of infrastructure that is necessary to raise the current level of service to the community level of service; and
        (3) identify the revenue sources and estimate the amount of the revenue sources that the unit intends to use to raise the current level of service to the community level of service for existing development. Revenue sources include, without limitation, any increase in revenues available from one (1) or more of the following:
            (A) Adopting or increasing the following:
                (i) The county adjusted gross income tax.
                (ii) The county option income tax.
                (iii) The county economic development income tax.
                (iv) The annual license excise surtax.
                (v) The wheel tax.
            (B) Imposing the property tax rate per one hundred dollars ($100) of assessed valuation that the unit may impose to create a cumulative capital improvement fund under IC 36-9-14.5 or IC 36-9-15.5.
            (C) Transferring and reserving for infrastructure purposes other general revenues that are currently not being used to pay for capital costs of infrastructure.
            (D) Dedicating and reserving for infrastructure purposes any newly available revenues, whether from federal or state revenue sharing programs or from the adoption of newly authorized taxes.
    (d) A unit must consult with a qualified engineer licensed to perform engineering services in Indiana when the unit is preparing the portions of the zone improvement plan described in subsections (b)(1), (b)(2), (b)(5), and (c)(2).
    (e) A zone improvement plan and amendments and modifications to the zone improvement plan become effective after adoption as part of the comprehensive plan under the 500 SERIES of this chapter or adoption as part of the capital improvements program under section 503(5) of this chapter. If the unit establishing the impact fee schedule or formula and establishing the zone improvement plan is different from the unit having planning and zoning jurisdiction, the unit

having planning and zoning jurisdiction shall incorporate the zone improvement plan as part of the unit's comprehensive plan and capital improvement plan.
    (f) If a unit's zone improvement plan identifies revenue sources for raising the current level of service to the community level of service, impact fees may not be assessed or collected by the unit unless:
        (1) before the effective date of the impact fee ordinance the unit has available or has adopted the revenue sources that the zone improvement plan specifies will be in effect before the impact fee ordinance becomes effective; and
        (2) after the effective date of the impact fee ordinance the unit continues to provide adequate funds to defray the cost of raising the current level of service to the community level of service, using revenue sources specified in the zone improvement plan or revenue sources other than impact fees.
As added by P.L.221-1991, SEC.19.

IC 36-7-4-1319
Amendment to ordinance or zone improvement plan
Sec. 1319. (a) A unit shall amend a zone improvement plan to make adjustments in the nature, location, and cost of infrastructure and the timing or sequencing of infrastructure installations to respond to the nature and location of development occurring in the impact zone. Appropriate planning and analysis shall be carried out before an amendment is made to a zone improvement plan.
(b) A unit may not amend an impact fee ordinance if the amendment makes a significant change in an impact fee schedule or formula or if the amendment designates an impact zone or alters the boundary of a zone, unless a new or substantially updated zone improvement plan has been approved within the immediately preceding one (1) year period.
As added by P.L.221-1991, SEC.20.

IC 36-7-4-1320
Ordinance; fee schedule and formula
     Sec. 1320. (a) An impact fee ordinance must include:
        (1) a schedule prescribing for each impact zone the amount of the impact fee that is to be imposed for each infrastructure type covered by the ordinance; or
        (2) a formula for each impact zone by which the amount of the impact fee that is to be imposed for each infrastructure type covered by the ordinance may be derived.
    (b) A schedule or formula included in an impact fee ordinance must provide an objective and uniform standard for calculating impact fees that allows fee payers to accurately predict the impact fees that will be imposed on new development.
As added by P.L.221-1991, SEC.21.

IC 36-7-4-1321

Fee schedule or formula; requirements; limitations
     Sec. 1321. (a) An impact fee schedule or formula described in section 1320 of this chapter shall be prepared so that the impact fee resulting from the application of the schedule or formula to a development meets the requirements of this section. However, this section does not require that a particular methodology be used in preparing the schedule or formula.
    (b) As used in this section, "impact costs" means a reasonable estimate, made at the time the impact fee is assessed, of the proportionate share of the costs incurred or to be incurred by the unit in providing infrastructure of the applicable type in the impact zone that are necessary to provide the community level of service for the development. The amount of impact costs may not include the costs of infrastructure of the applicable type needed to raise the current level of service in the impact zone to the community level of service in the impact zone for development that is existing at the time the impact fee is assessed.
    (c) As used in this section, "nonlocal revenue" means a reasonable estimate, made at the time the impact fee is assessed, of revenue that:
        (1) will be received from any source (including but not limited to state or federal grants) other than a local government source; and
        (2) is to be used within the impact zone to defray the capital costs of providing infrastructure of the applicable type.
    (d) As used in this section, "impact deductions" means a reasonable estimate, made at the time the impact fee is assessed, of the amounts from the following sources that will be paid during the ten (10) year period after assessment of the impact fee to defray the capital costs of providing infrastructure of the applicable types to serve a development:
        (1) Taxes levied by the unit or on behalf of the unit by an applicable infrastructure agency that the fee payer and future owners of the development will pay for use within the geographic area of the unit.
        (2) Charges and fees, other than fees paid by the fee payer under this chapter, that are imposed by any of the following for use within the geographic area of the unit:
            (A) An applicable infrastructure agency.
            (B) A governmental entity.
            (C) A not-for-profit corporation created for governmental purposes.
        Charges and fees covered by this subdivision include tap and availability charges paid for extension of services or the provision of infrastructure to the development.
    (e) An impact fee on a development may not exceed:
        (1) impact costs; minus
        (2) the sum of nonlocal revenues and impact deductions.
As added by P.L.221-1991, SEC.22.

IC 36-7-4-1322

Fee assessment date; increase or decrease in fees; developments against which fees may not be assessed; existing contracts
     Sec. 1322. (a) Except as provided in subsection (b), an impact fee ordinance must require that, if the fee payer requests, an impact fee on a development must be assessed not later than thirty (30) days after the earlier of:
        (1) the date the fee payer obtains an improvement location permit for the development; or
        (2) the date that the fee payer voluntarily submits to the unit a development plan for the development and evidence that the property is properly zoned for the proposed development. The plan shall be in the form prescribed by the unit's zoning ordinance and shall contain reasonably sufficient detail for the unit to calculate the impact fee.
    (b) An impact fee ordinance may provide that if a proposed development is of a magnitude that will require revision of the zone improvement plan in order to appropriately serve the new development, the unit shall revise the unit's zone improvement plan and shall assess an impact fee on a development not later than one hundred eighty (180) days after the earlier of the following:
        (1) The date on which the fee payer obtains an improvement location permit for the development.
        (2) The date on which the fee payer submits to the unit a development plan for a development and evidence that the property is properly zoned for the proposed development. The development plan must be in the form prescribed by the unit's zoning ordinance and must contain reasonably sufficient detail for the unit to calculate the impact fee.
    (c) An impact fee assessed under subsections (a) or (b) may be increased only if the structural building permit has not been issued for the development and the requirements of subsection (d) are satisfied. In the case of a phased development, only a portion of an impact fee assessed under subsection (a) or (b) that is attributable to the portion of the development for which a permit has not been issued may be increased if the requirements of subsection (d) are satisfied.
    (d) Unless the improvement location permit or development plan originally submitted for the development is changed so that the amount of impact on infrastructure the development creates in the impact zone is significantly increased, an impact fee assessed under:
        (1) subsection (a)(1) or (b)(1) may not be increased for the period of the improvement location permit's validity; and
        (2) subsection (a)(2) or (b)(2) may not be increased for three (3) years.
    (e) An impact fee assessed under subsection (a) or (b) shall be decreased if the improvement location permit or development plan originally submitted for the development is changed so that the amount of impact on infrastructure that the development creates in the impact zone is significantly decreased. If a change occurs in the permit or plan that results in a decrease in the amount of the impact

fee after the fee has been paid, the unit that collected the fee shall immediately refund the amount of the overpayment to the fee payer.
    (f) If the unit fails to assess an impact fee within the period required by subsection (a) or (b), the unit may not assess an impact fee on the development unless the development plan originally submitted for the development is materially and substantially changed.
    (g) Notwithstanding other provisions in this chapter, a unit may not assess an impact fee against a development if:
        (1) an improvement location permit has been issued for all or a part of a development before adoption of an impact fee ordinance that is in compliance with this chapter; and
        (2) the development satisfies all of the following criteria:
            (A) The development is zoned for commercial or industrial use before January 1, 1991.
            (B) The development will consist primarily of new buildings or structures. As used in this clause, the term "new buildings or structures" does not include additions or expansions of existing buildings or structures.
            (C) The parts of the development for which a structural building permit has not been issued are owned or controlled by the person that owned or controlled the development on January 1, 1991.
            (D) A structural building permit is issued for the development not more than four (4) years after the effective date of the impact fee ordinance.
            (E) The development is part of a common scheme of development that:
                (i) involves land that is contiguous;
                (ii) involves a plan for development that includes a survey of the land, engineering drawings, and a site plan showing the anticipated size, location, and use of buildings and the anticipated location of streets, sewers, and drainage;
                (iii) if plan approval is required, resulted in an application being filed with an appropriate office, commission, or official of the unit before January 1, 1991, that resulted or may result in approval of any phase of the development plan referred to in item (ii);
                (iv) has been diligently pursued since January 1, 1991;
                (v) resulted before January 1, 1991, in a substantial investment in creating, publicizing, or implementing the common scheme of development; and
                (vi) involved the expenditure of significant funds before January 1, 1991, for the provision of improvements, such as roads, sewers, water treatment facilities, water storage facilities, water distribution facilities, drainage systems, or parks, that are on public lands or are available for other development in the area.
    (h) Notwithstanding any other provision of this chapter, this chapter does not impair the validity of any contract between a unit

and a fee payer that was:
(1) entered into before January 1, 1991; and
(2) executed in consideration of zoning amendments or annexations requested by the fee payer.
As added by P.L.221-1991, SEC.23.

IC 36-7-4-1323
Fee due date; proration; repeal or lapse of ordinance
     Sec. 1323. (a) Except as provided in section 1324 of this chapter, an impact fee assessed in compliance with section 1322 of this chapter is due and payable on the date of issuance of the structural building permit for the new development on which the impact fee is imposed.
    (b) For a phased development, an impact fee shall be prorated for purposes of payment according to the impact of the parcel for which a structural building permit is issued in relation to the total impact of the development. In accordance with section 1324 of this chapter, only the prorated portion of the assessed impact fee is due and payable on the issuance of the permit.
    (c) If an impact fee ordinance is repealed, lapses, or becomes ineffective after the assessment of an impact fee on a development but before the issuance of the structural building permit for part or all of the development:
        (1) any part of the impact fee attributable to the part of the development for which a structural building permit has not been issued is void and is not due and payable, in the case of a phased development; and
        (2) the entire impact fee is void and is not due and payable, in the case of a development other than a phased development.
As added by P.L.221-1991, SEC.24.

IC 36-7-4-1324
Ordinance; installment payment plan; fee upon permit issuance; interest; penalty for late payment
     Sec. 1324. (a) An impact fee ordinance must include an installment payment plan. The installment payment plan must at least offer a fee payer the option of paying part of an impact fee in equal installment payments if the impact fee is greater than five thousand dollars ($5,000). In an installment plan under this section:
        (1) a maximum of five thousand dollars ($5,000) or five percent (5%) of the impact fee, whichever is greater, may become payable on the date the structural building permit is issued for the development on which the fee is imposed;
        (2) the first installment may not become due and payable less than one (1) year after the date the structural building permit is issued for the development on which the fee is imposed; and
        (3) the last installment may not be due and payable less than two (2) years after the date the structural building permit is issued for the development on which the fee is imposed.
    (b) An impact fee ordinance may require an impact fee of five

thousand dollars ($5,000) or less to be paid in full on the date the structural building permit is issued for the development on which the impact fee is imposed.
(c) An impact fee ordinance may provide that a reasonable rate of interest, not to exceed the prejudgment rate of interest in effect at the time the interest accrues, may be charged if the fee payer elects to pay in installments. If interest is charged, the ordinance must provide that interest accrues only on the portion of the impact fee that is outstanding and does not begin to accrue until the date the structural building permit is issued for the development or the part of the development on which the impact fee is imposed.
(d) An impact fee ordinance may provide that if all or part of an installment is not paid when due and payable, the amount of the installment shall be increased on the first day after the installment is due and payable by a penalty amount equal to ten percent (10%) of the installment amount that is overdue. If interest is charged under subsection (c), the interest shall be charged on the penalty amount.
As added by P.L.221-1991, SEC.25.

IC 36-7-4-1325
Collection of unpaid fees; lien; receipt for payments
     Sec. 1325. (a) A unit may use any legal remedy to collect an impact fee imposed by the unit. A unit must bring an action to collect an impact fee and all penalties, costs, and collection expenses associated with a fee not later than ten (10) years after the fee or the prorated portion of the impact fee first becomes due and payable.
    (b) On the date a structural building permit is issued for the development of property on which the impact fee is assessed, the unit acquires a lien on the real property for which the permit is issued. For a phased development, the amount of the lien may not exceed the prorated portion of the impact fee due and payable in one (1) or more installments at the time the structural building permit is issued.
    (c) A lien acquired by a unit under this section is not affected by a sale or transfer of the real property subject to the lien, including the sale, exchange, or lease of the real property under IC 36-1-11.
    (d) A lien acquired by a unit under this section continues for ten (10) years after the impact fee or the prorated portion of the impact fee becomes due and payable. However, if an action to enforce the lien is filed within the ten (10) year period, the lien continues until the termination of the proceeding.
    (e) A holder of a lien of record on any real property on which an impact fee is delinquent may pay the delinquent impact fee and any penalties and costs. The amount paid by the lien holder is an additional lien on the real property in favor of the lien holder and is collectible in the same manner as the original lien.
    (f) If a person pays an impact fee assessed against any real property, the person is entitled to a receipt for the payment that is:
        (1) on a form prescribed by the impact fee ordinance; and
        (2) issued by a person designated in the impact fee ordinance.
As added by P.L.221-1991, SEC.26.