CHAPTER 2. GENERAL POWERS CONCERNING PLANNING AND DEVELOPMENT
IC 36-7-2
Chapter 2. General Powers Concerning Planning andDevelopment
IC 36-7-2-1
Application of chapter
Sec. 1. This chapter applies to all units except townships.
As added by Acts 1980, P.L.211, SEC.2.
IC 36-7-2-2
Planning and regulation of real property; access to solar energy
Sec. 2. A unit may plan for and regulate the use, improvement,and maintenance of real property and the location, condition, andmaintenance of structures and other improvements. A unit may alsoregulate the platting and subdividing of real property and number thestructures abutting public ways. In planning for and regulating theuse of land or in regulating the platting or subdividing of realproperty, a unit may also regulate access to incident solar energy forall categories of land use.
As added by Acts 1980, P.L.211, SEC.2. Amended by Acts 1981,P.L.311, SEC.1.
IC 36-7-2-3
Inspection of structures or improvements
Sec. 3. A unit may inspect any structure or other improvement atany reasonable time.
As added by Acts 1980, P.L.211, SEC.2.
IC 36-7-2-4
Regulation of alteration and construction of structures andimprovements; bonds
Sec. 4. A unit may regulate methods of, and use of materials inrepair, alteration, and construction of structures and otherimprovements. The unit also may require the execution of a bond byany person repairing, altering, or constructing structures or otherimprovements.
As added by Acts 1980, P.L.211, SEC.2.
IC 36-7-2-5
Repair, alteration, or destruction of structures and improvements
Sec. 5. A unit may repair, alter, or destroy structures and otherimprovements if necessary.
As added by Acts 1980, P.L.211, SEC.2.
IC 36-7-2-5.5
Removal or alteration of a sign as a condition of issuing a permit,license, or variance
Sec. 5.5. A unit may not require that a lawfully erected sign beremoved or altered as a condition of issuing:
(1) a permit; (2) a license;
(3) a variance; or
(4) any other order concerning land use or development;
unless the owner of the sign is compensated in accordance withIC 32-24 or has waived the right to and receipt of damages inwriting.
As added by P.L.163-2006, SEC.19.
IC 36-7-2-6
Regulation of movement or removal of earth below ground level
Sec. 6. A unit may regulate excavation, mining, drilling, and othermovement or removal of earth below ground level.
As added by Acts 1980, P.L.211, SEC.2.
IC 36-7-2-7
Promotion of economic development and tourism
Sec. 7. A unit may promote economic development and tourism.
As added by Acts 1980, P.L.211, SEC.2.
IC 36-7-2-8
Solar energy systems; ordinances; reasonable restrictions
Sec. 8. (a) As used in this section, "solar energy system" meanseither of the following:
(1) any solar collector or other solar energy device whoseprimary purpose is to provide for the collection, storage, anddistribution of solar energy for space heating or cooling, or forwater heating; or
(2) any structural design feature of a building, whose primarypurpose is to provide for the collection, storage, and distributionof energy for space heating or cooling, or for water heating.
(b) A unit may not adopt any ordinance which has the effect ofprohibiting or of unreasonably restricting the use of solar energysystems other than for the preservation or protection of the publichealth and safety.
(c) This section does not apply to ordinances which imposereasonable restrictions on solar energy systems. However, it is thepolicy of this state to promote and encourage the use of solar energysystems and to remove obstacles to their use. Reasonable restrictionson solar energy systems are those restrictions which:
(1) do not significantly increase the cost of the system orsignificantly decrease its efficiency; or
(2) allow for an alternative system of comparable cost andefficiency.
As added by Acts 1981, P.L.311, SEC.2.
IC 36-7-2-9
Compliance with code of building laws and orders
Sec. 9. Each unit shall require compliance with:
(1) the code of building laws and fire safety laws that is adoptedin the rules of the fire prevention and building safety
commission under IC 22-13;
(2) orders issued under IC 22-13-2-11 that grant a variance tothe code of building laws and fire safety laws described insubdivision (1);
(3) orders issued under IC 22-12-7 that apply the code ofbuilding laws described in subdivision (1);
(4) IC 22-15-3-7; and
(5) a written interpretation of a building law and fire safety lawbinding on the unit under IC 22-13-5-3 or IC 22-13-5-4.
As added by P.L.245-1987, SEC.19. Amended by P.L.71-1999,SEC.3; P.L.22-2005, SEC.50.
IC 36-7-2-10
Ordinance making forestry operation a nuisance or abatingoperation void; exceptions to valid ordinance
Sec. 10. (a) An ordinance adopted after March 31, 2005, by a unitof local government that:
(1) makes a forestry operation (as defined in IC 32-30-6-1.5) anuisance; or
(2) provides for an abatement of a forestry operation as a:
(A) nuisance;
(B) trespass; or
(C) zoning violation;
under this chapter is void.
(b) If the owner of a property owned the property before theenactment of an ordinance that restricts forestry operations but thatis not invalidated by subsection (a), the property is exempt from theordinance if the forestry operations (as defined by IC 32-30-6-1.5) onthe property:
(1) comply with generally accepted best management practices;
(2) comply with the practices established in the Indiana Loggingand Forestry Best Management Practices BMP Field Guide, aspublished in September 1999, by the division of forestry of thedepartment of natural resources; and
(3) have been in continuous operation on the property.
As added by P.L.82-2005, SEC.6.