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