CHAPTER 4. LOCAL PLANNING AND ZONING
IC 36-7-4
Chapter 4. Local Planning and Zoning
IC 36-7-4-100
100 Series_Applicability and rules of construction
Sec. 100. This series (sections 100 through 199 of this chapter)may be cited as follows: 100 SERIES.APPLICABILITY ANDRULES OF CONSTRUCTION.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-101
"Advisory planning law" defined
Sec. 101. The "advisory planning law" consists of those parts ofthis chapter that are applicable to advisory planning. Sections andsubsections of this chapter with headings that include "ADVISORY"apply to advisory planning. In addition, sections and subsections ofthis chapter without headings apply to advisory planning as well asarea planning and metropolitan development.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-102
"Area planning law" defined
Sec. 102. The "area planning law" consists of those parts of thischapter that are applicable to area planning. Sections and subsectionsof this chapter with headings that include "AREA" apply to areaplanning. In addition, sections and subsections of this chapterwithout headings apply to area planning as well as advisory planningand metropolitan development.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-103
"Metropolitan development law" defined
Sec. 103. The "metropolitan development law" consists of thoseparts of this chapter that are applicable to metropolitan development.Sections and subsections of this chapter with headings that include"METRO" apply to metropolitan development. In addition, sectionsand subsections of this chapter without headings apply tometropolitan development as well as area planning and advisoryplanning.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-104
"Series" defined
Sec. 104. A citation in this chapter to the term "series", precededby a numerical designation and two (2) zeroes, shall be construed asa reference to all the sections of this chapter (including the advisoryplanning law, the area planning law, and the metropolitandevelopment law) that have that same numerical designation.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-105
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-4-106
Prior law construed
Sec. 106. If a provision of the prior advisory planning laws, areaplanning laws, township joinder laws, or metropolitan developmentlaws has been replaced in the same form or in a restated form, by aprovision of this chapter, then a citation to the provision of the priorlaw shall be construed as a citation to the corresponding provision ofthis chapter.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-200
200 Series_Establishment and membership of commission
Sec. 200. This series (sections 200 through 299 of this chapter)may be cited as follows: 200 SERIES.COMMISSIONESTABLISHMENT AND MEMBERSHIP.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-201
Purpose
Sec. 201. (a) For purposes of IC 36-1-3-6, a unit wanting toexercise planning and zoning powers in Indiana must do so in themanner provided by this chapter.
(b) The purpose of this chapter is to encourage units to improvethe health, safety, convenience, and welfare of their citizens and toplan for the future development of their communities to the end:
(1) that highway systems be carefully planned;
(2) that new communities grow only with adequate public way,utility, health, educational, and recreational facilities;
(3) that the needs of agriculture, forestry, industry, and businessbe recognized in future growth;
(4) that residential areas provide healthful surroundings forfamily life; and
(5) that the growth of the community is commensurate with andpromotive of the efficient and economical use of public funds.
(c) Furthermore, municipalities and counties may cooperativelyestablish single and unified planning and zoning entities to carry outthe purpose of this chapter on a countywide basis.
(d) METRO. Expanding urbanization in each county having aconsolidated city has created problems that have made the unificationof planning and zoning functions a necessity to insure the health,safety, morals, economic development, and general welfare of thecounty. To accomplish this unification, a single planning and zoningauthority is established for the county.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.5; P.L.192-1984, SEC.3; P.L.82-2005, SEC.7.
IC 36-7-4-201.1
Zoning ordinances; satellite receiver antennas and other types ofantennas
Sec. 201.1. A local zoning ordinance that addresses a satellitereceiver antenna and another type of antenna is void unless thezoning ordinance:
(1) has a reasonable and clearly defined health, safety, oraesthetic objective;
(2) does not:
(A) impose an unreasonable restriction on or prevent thereception of satellite signals by satellite receiver antennas;or
(B) impose costs on the users of satellite receiver antennasthat are excessive in comparison to the purchase andinstallation cost of the satellite receiver antennas; and
(3) does not prohibit installation of a satellite receiver antennathat is not more than two (2) feet in diameter.
As added by P.L.167-1994, SEC.1.
IC 36-7-4-202
Establishment; authorization
Sec. 202. (a) ADVISORY. The legislative body of a county ormunicipality may establish by ordinance an advisory plancommission. In addition, in a county having a population of:
(1) more than one hundred seventy thousand (170,000) but lessthan one hundred eighty thousand (180,000); or
(2) more than one hundred eighteen thousand (118,000) but lessthan one hundred twenty thousand (120,000);
the legislative bodies of that county and of the city having the largestpopulation in that county may establish by identical ordinances ametropolitan plan commission as a department of countygovernment. These ordinances must specify the legal name of thecommission for purposes of section 404(a) of this chapter.
(b) AREA. There may be established in each county an areaplanning department in the county government, having:
(1) an area plan commission;
(2) an area board of zoning appeals;
(3) an executive director; and
(4) such staff as the area plan commission considers necessary.
Each municipality and each county desiring to participate in theestablishment of a planning department may adopt an ordinanceadopting the area planning law, fix a date for the establishment of theplanning department, and provide for the appointment of itsrepresentatives to the commission. When a municipality or a countyadopts such an ordinance, it shall certify a copy of it to eachlegislative body within the county. When a county and at least one(1) municipality within the county each adopt an ordinance adoptingthe area planning law and fix a date for the establishment of thedepartment, the legislative body of the county shall establish theplanning department. (c) METRO. A metropolitan development commission isestablished in the department of metropolitan development of theconsolidated city. The legislative body of the consolidated city mayadopt ordinances to regulate the following:
(1) The time that the commission holds its meetings.
(2) The voting procedures of the commission.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.12-1992,SEC.163; P.L.164-1995, SEC.15; P.L.170-2002, SEC.152.
IC 36-7-4-203
Establishment; exercise of planning and zoning authority
Sec. 203. (a) ADVISORY. After a metropolitan plan commissionis established, it shall exercise exclusively the planning and zoningfunctions of the county and of the second class city, and the separateplanning and zoning functions of the county plan commission and thecity plan commission cease.
(b) AREA. After the planning department is established and theparticipating legislative bodies have adopted a zoning ordinance, theplanning department shall exercise exclusively the planning andzoning functions of the county and of the participatingmunicipalities, except as provided in section 918 of the area planninglaw. Where other statutes confer planning and zoning authority on aparticipating municipality or a county, their plan commissions shallcontinue to exercise that authority until such time as the planningdepartment is established and the participating legislative bodiesadopt a zoning ordinance.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.6.
IC 36-7-4-204
Establishment; participation by other municipalities within county
Sec. 204. AREA. After the planning department is established,other municipalities within the county may adopt ordinancesadopting the area planning law and provide for the appointment oftheir representatives to the area plan commission. In such a case, themembership of the commission shall be increased according to theformula provided in sections 207, 208, 209, and 211 of the areaplanning law, and the authority of a municipal plan commission andmunicipal board of zoning appeals ceases, except as provided insection 918 of the area planning law, as of the time specified in thatordinance. The composition of any such municipal board of zoningappeals, or of any such board later organized, under the advisoryplanning law, must conform with that law, except that those membersof such a board to be appointed from the municipal plan commissionshall instead be appointed from the area plan commission.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-205
Establishment; extent of territorial authority of comprehensiveplan; inclusion of contiguous unincorporated area; incorporation
of new towns in county
Sec. 205. (a) ADVISORY. A municipal plan commission shalladopt a comprehensive plan, as provided for under the 500 series ofthe advisory planning law, for the development of the municipality.For comprehensive plans adopted after July 1, 1999, if:
(1) the municipality provides municipal services to thecontiguous unincorporated area; or
(2) the municipal plan commission obtains the approval of thecounty legislative body of each affected county;
the municipal plan commission may provide in the comprehensiveplan for the development of the contiguous unincorporated area,designated by the commission, that is outside the corporateboundaries of the municipality, and that, in the judgment of thecommission, bears reasonable relation to the development of themunicipality.
(b) ADVISORY. Except as limited by the boundaries ofunincorporated areas subject to the jurisdiction of other municipalplan commissions, an area designated under this section may includeany part of the contiguous unincorporated area within two (2) milesfrom the corporate boundaries of the municipality. If, however, thecorporate boundaries of the municipality or the boundaries of thatcontiguous unincorporated area include any part of the public watersor shoreline of a lake (which lies wholly within Indiana), thedesignated area may also include:
(1) any part of those public waters and shoreline of the lake;and
(2) any land area within two thousand five hundred (2,500) feetfrom that shoreline.
(c) ADVISORY. Before exercising their rights, powers, andduties of the advisory planning law with respect to an area designatedunder this section, a municipal plan commission must file, with therecorder of the county in which the municipality is located, adescription or map defining the limits of that area. If the commissionrevises the limits, it shall file, with the recorder, a revised descriptionor map defining those revised limits.
(d) ADVISORY. If any part of the contiguous unincorporated areawithin the potential jurisdiction of a municipal plan commission isalso within the potential jurisdiction of another municipal plancommission, the first municipal plan commission may exerciseterritorial jurisdiction over that part of the area within the potentialjurisdiction of both municipal plan commissions that equals theproduct obtained by multiplying a fraction, the numerator of whichis the area within the corporate boundaries of that municipality andthe denominator of which is the total area within the corporateboundaries of both municipalities times the area within the potentialjurisdiction of both municipal plan commissions. Furthermore, thiscommission may exercise territorial jurisdiction within thoseboundaries, enclosing an area reasonably compact and regular inshape, that the municipal plan commission first acting designates.
(e) ADVISORY. If the legislative body of a county adopts a
comprehensive plan and ordinance covering the unincorporated areasof the county, a municipal plan commission may not exercisejurisdiction, as provided in this section, over any part of thatunincorporated area unless it is authorized by ordinance of thelegislative body of the county. This ordinance may be initiated by thecounty legislative body or by petition duly signed and presented tothe county auditor by:
(1) not less than fifty (50) property owners residing in the areainvolved in the petition;
(2) the county plan commission; or
(3) the municipal plan commission.
Before final action on the ordinance by the county legislative body,the county plan commission must hold an advertised public hearingas required for other actions of the county plan commission under theadvisory planning law. Upon the passage of the ordinance by thecounty legislative body and the subsequent acceptance of jurisdictionby the municipal plan commission, the municipal plan commissionshall exercise the same rights, powers, and duties conferred in thissection exclusively with respect to the contiguous unincorporatedarea. The jurisdiction of a municipal plan commission, as authorizedunder this subsection, may be terminated by ordinance at thediscretion of the legislative body of the county, but only if the countyhas adopted a comprehensive plan for that area that is ascomprehensive in scope and subject matter as that in effect bymunicipal ordinance.
(f) ADVISORY. Each municipal plan commission in amunicipality located in a county having:
(1) a population of less than ninety-five thousand (95,000); and
(2) a county plan commission that has adopted, in accord withthe advisory planning law, a comprehensive plan and ordinancecovering the unincorporated areas of the county;
may, at any time, after filing notice with the county recorder and thecounty plan commission, exercise or reject territorial jurisdictionover any part of the area within two (2) miles of the corporateboundaries of that municipality and within that county, whether ornot that commission has previously exercised that jurisdiction, if themunicipality is providing municipal services to the area. Within sixty(60) days after receipt of that notice, the county plan commission andthe county legislative body shall have the county comprehensive planand ordinance revised to reflect the decision of the municipal plancommission exercising the option provided for in this subsection. Ifthe municipality is not providing municipal services to the area, themunicipal plan commission must obtain the approval of the countylegislative body of each affected county before exercisingjurisdiction.
(g) AREA. Wherever in the area planning law authority isconferred to establish a comprehensive plan or an ordinance for itsenforcement, the authority applies everywhere:
(1) within the county that is outside the municipalities; and
(2) within each participating municipality. (h) ADVISORY_AREA. Whenever a new town is incorporatedin a county having a county plan commission or an area plancommission, that plan commission and its board of zoning appealsshall continue to exercise territorial jurisdiction within the town untilthe effective date of a town ordinance:
(1) establishing an advisory plan commission under section202(a) of this chapter; or
(2) adopting the area planning law under section 202(b) or 204of this chapter.
Beginning on that effective date, the planning and zoning functionsof the town shall be exercised under the advisory planning law orarea planning law, as the case may be.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982,P.L.1, SEC.61; P.L.216-1999, SEC.1.
IC 36-7-4-206
Establishment; extent of territorial authority of nonparticipatingmunicipality
Sec. 206. AREA. After the planning department is established, anonparticipating municipality may not exercise planning and zoningpowers outside its corporate boundaries.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-207
Membership of commission; nonvoting adviser
Sec. 207. (a) ADVISORY. In a city having a park board and a citycivil engineer, the city plan commission consists of nine (9)members, as follows:
(1) One (1) member appointed by the city legislative body fromits membership.
(2) One (1) member appointed by the park board from itsmembership.
(3) One (1) member or designated representative appointed bythe city works board.
(4) The city civil engineer or a qualified assistant appointed bythe city civil engineer.
(5) Five (5) citizen members, of whom no more than three (3)may be of the same political party, appointed by the cityexecutive.
(b) ADVISORY. If a city lacks either a park board or a city civilengineer, or both, subsection (a) does not apply. In such a city or inany town, the municipal plan commission consists of seven (7)members, as follows:
(1) The municipal legislative body shall appoint three (3)persons, who must be elected or appointed municipal officialsor employees in the municipal government, as members.
(2) The municipal executive shall appoint four (4) citizenmembers, of whom no more than two (2) may be of the samepolitical party.
(c) AREA. To provide equitable representation of rural and urban
populations, representation on the area plan commission isdetermined as follows:
(1) Seven (7) representatives from each city having a populationof more than one hundred five thousand (105,000).
(2) Six (6) representatives from each city having a populationof not less than seventy thousand (70,000) nor more than onehundred five thousand (105,000).
(3) Five (5) representatives from each city having a populationof not less than thirty-five thousand (35,000) but less thanseventy thousand (70,000).
(4) Four (4) representatives from each city having a populationof not less than twenty thousand (20,000) but less thanthirty-five thousand (35,000).
(5) Three (3) representatives from each city having a populationof not less than ten thousand (10,000) but less than twentythousand (20,000).
(6) Two (2) representatives from each city having a populationof less than ten thousand (10,000).
(7) One (1) representative from each town having a populationof more than two thousand one hundred (2,100), and one (1)representative from each town having a population of twothousand one hundred (2,100) or less that had a representativebefore January 1, 1979.
(8) Such representatives from towns having a population of notmore than two thousand one hundred (2,100) as are providedfor in section 210 of this chapter.
(9) Six (6) county representatives if the total number ofmunicipal representatives in the county is an odd number, orfive (5) county representatives if the total number of municipalrepresentatives is an even number.
(d) METRO. The metropolitan development commission consistsof nine (9) citizen members, as follows:
(1) Four (4) members, of whom no more than two (2) may be ofthe same political party, appointed by the executive of theconsolidated city.
(2) Three (3) members, of whom no more than two (2) may beof the same political party, appointed by the legislative body ofthe consolidated city.
(3) Two (2) members, who must be of different political parties,appointed by the board of commissioners of the county.
(e) METRO. The legislative body of the consolidated city shallappoint an individual to serve as a nonvoting adviser to themetropolitan development commission when the commission isacting as the redevelopment commission of the consolidated cityunder IC 36-7-15.1. If the duties of the metropolitan developmentcommission under IC 36-7-15.1 are transferred to another entityunder IC 36-3-4-23, the individual appointed under this subsectionshall serve as a nonvoting adviser to that entity. A nonvoting adviserappointed under this subsection:
(1) must also be a member of the school board of a school
corporation that includes all or part of the territory of theconsolidated city;
(2) is not considered a member of the metropolitan developmentcommission for purposes of IC 36-7-15.1 but is entitled toattend and participate in the proceedings of all meetings of themetropolitan development commission (or any successor entitydesignated under IC 36-3-4-23) when it is acting as aredevelopment commission under IC 36-7-15.1;
(3) is not entitled to a salary, per diem, or reimbursement ofexpenses;
(4) serves for a term of two (2) years and until a successor isappointed; and
(5) serves at the pleasure of the legislative body of theconsolidated city.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.44, SEC.53; Acts 1982, P.L.1, SEC.62; P.L.192-1984, SEC.4;P.L.336-1985, SEC.1; P.L.164-1995, SEC.16; P.L.225-1997, SEC.1;P.L.32-2004, SEC.1; P.L.146-2008, SEC.718.
IC 36-7-4-208
Membership of commission; county and metropolitan numbers
Sec. 208. (a) ADVISORY. The county plan commission consistsof nine (9) members, as follows:
(1) One (1) member appointed by the county executive from itsmembership.
(2) One (1) member appointed by the county fiscal body fromits membership.
(3) The county surveyor or the county surveyor's designee.
(4) The county agricultural extension educator. However, if thecounty does not have a county agricultural extension educator,the county extension board shall select a resident of the countywho is a property owner with agricultural interest to serve onthe commission under this subdivision for a period not toexceed one (1) year.
(5) Five (5) members appointed in accordance with one (1) ofthe following:
(A) Four (4) citizen members, of whom no more than two (2)may be of the same political party. Each of the four (4)members must be:
(i) a resident of an unincorporated area of the county; or
(ii) a resident of the county who is also an owner of realproperty located in whole or in part in an unincorporatedarea of the county;
appointed by the county executive. However at least two (2)of the citizen members must be residents of theunincorporated area of the county. Also one (1) townshiptrustee, who must be a resident of an unincorporated area ofthe county appointed by the county executive upon therecommendation of the township trustees whose townshipsare within the jurisdiction of the county plan commission. (B) Five (5) citizen members, of whom not more than three(3) may be of the same political party. Each of the five (5)members must be:
(i) a resident of an unincorporated area of the county; or
(ii) a resident of the county who is also an owner of realproperty located in whole or in part in an unincorporatedarea of the county;
appointed by the county executive. However at least two (2)members must be residents of the unincorporated area of thecounty.
If a county executive changes the plan commission from havingmembers described in clause (B) to having members describedin clause (A), the county executive shall appoint a townshiptrustee to replace the first citizen member whose term expiresand who belongs to the same political party as the townshiptrustee. Each member appointed to the commission is entitledto receive compensation for mileage at the same rate and thesame compensation for services as a member of a countyexecutive, a member of a county fiscal body, a county surveyor,or an appointee of a county surveyor receives for serving on thecommission, as set forth in section 222.5 of this chapter.
(b) ADVISORY. The metropolitan plan commission consists ofnine (9) members, as follows:
(1) One (1) member appointed by the county legislative bodyfrom its membership.
(2) One (1) member appointed by the second class citylegislative body from its membership.
(3) Three (3) citizen members who:
(A) reside in an unincorporated area of the county; or
(B) reside in the county and also own real property locatedin whole or in part in an unincorporated area of the county;
of whom no more than two (2) may be of the same politicalparty, appointed by the county legislative body. One (1) of thesemembers must be actively engaged in farming.
(4) Four (4) citizen members, of whom no more than two (2)may be of the same political party, appointed by the secondclass city executive. One (1) of these members must be from themetropolitan school authority or community school corporationand a resident of that school district, and the other three (3)members must be residents of the second class city.
(c) AREA. When there are six (6) county representatives, they areas follows:
(1) One (1) member appointed by the county executive from itsmembership.
(2) One (1) member appointed by the county fiscal body fromits membership.
(3) The county superintendent of schools, or if that office doesnot exist, a representative appointed by the school corporationsuperintendents within the jurisdiction of the area plancommission. (4) One (1) of the following appointed by the county executive:
(A) The county agricultural extension educator.
(B) The county surveyor or the county surveyor's designee.
(5) One (1) citizen member who is:
(A) a resident of the unincorporated area of the county; or
(B) a resident of the county who is also an owner of realproperty located in whole or in part in the unincorporatedarea of the county;
appointed by the county executive.
(6) One (1) citizen member who is:
(A) a resident of the unincorporated area of the county; or
(B) a resident of the county who is also an owner of realproperty located in whole or in part in the unincorporatedarea of the county;
appointed by the county fiscal body.
(d) AREA. When there are five (5) county representatives, theyare the representatives listed or appointed under subsection (c)(3),(c)(4), (c)(5), and (c)(6) and:
(1) the county surveyor or the county surveyor's designee if thecounty executive appoints the county agricultural extensioneducator under subsection (c)(4); or
(2) the county agricultural extension educator if the countyexecutive appoints the county surveyor under subsection (c)(4).
(e) AREA. The appointing authority may appoint an alternatemember to participate on a commission established under section 204of this chapter in a hearing or decision if the regular member it hasappointed is unavailable. An alternate member shall have all of thepowers and duties of a regular member while participating on thecommission.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.7; P.L.354-1983, SEC.1; P.L.40-1993, SEC.67;P.L.226-1997, SEC.1; P.L.216-1999, SEC.2; P.L.103-2000, SEC.1;P.L.276-2001, SEC.10; P.L.173-2003, SEC.30; P.L.32-2004, SEC.2.
IC 36-7-4-209
Membership of commission; representatives for a municipality;numbers; appointments
Sec. 209. (a) AREA. When the number of representatives for amunicipality is two (2), one (1) is a member of the municipallegislative body appointed by the legislative body and the other is acitizen member appointed by the municipal executive.
(b) AREA. When the number of representatives for a municipalityis three (3), one (1) is a member of the legislative body appointed bythe legislative body and two (2) are citizen members appointed bythe executive.
(c) AREA. When the number of representatives for a municipalityis four (4), one (1) is a member of the works board or the board ofsanitary commissioners, appointed by the executive, one (1) is amember of the legislative body appointed by the legislative body, andtwo (2) are citizen members appointed by the executive. (d) AREA. When the number of representatives for a municipalityis five (5) or more, one (1) is a member of the works board or theboard of sanitary commissioners, appointed by the executive, one (1)is a member of the legislative body appointed by the legislative body,and the remainder are citizen members appointed by the executive.
(e) AREA. The appointing authority may appoint an alternatemember to participate on the commission established under section204 of this chapter in a hearing or decision if the regular member ithas appointed is unavailable. An alternate member shall have all ofthe powers and duties of a regular member while participating on thecommission.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.226-1997,SEC.2.
IC 36-7-4-210
Membership of commission; advisory council on town affairs
Sec. 210. (a) AREA. In a county where there are two (2) or moretowns having a population of not more than two thousand onehundred (2,100) neither of which has a representative on the areaplan commission under section 207(c)(7) of this chapter that areparticipating in an area planning department, there is established anadvisory council on town affairs. Each participating legislative bodyof such a town shall select one (1) of its members as itsrepresentative on the advisory council. The advisory council shallmeet as soon as possible after the establishment of the planningdepartment. It shall meet in the town hall of the participating townhaving the largest population, on the call of the representative of thattown, who shall act as chairman of the first meeting. Thereafter, thecouncil shall elect its own chairman.
(b) AREA. The advisory council shall at its first meeting selectfrom its membership an appropriate number of voting representativesto the area plan commission. If the advisory council is composed offive (5) or less, it is entitled to one (1) voting representative on thearea plan commission. If the advisory council is composed of morethan five (5), it is entitled to two (2) voting representatives on thearea plan commission.
(c) AREA. The chairman and the representatives on the advisorycouncil shall be elected for one (1) year terms, terminating at the endof the year.
(d) AREA. If there are not any cities located within a county, thenthe town having the largest population and participating in theplanning department in the county shall select a citizen member toserve on the area plan commission. The legislative body of that townshall appoint that member as prescribed by section 218(e) of thischapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.8; Acts 1982, P.L.1, SEC.63.
IC 36-7-4-211
Membership of commission; changes Sec. 211. (a) AREA. Notwithstanding any other provision of thearea planning law, the representation on any area plan commissionmay be changed by a similar ordinance adopted by the legislativebody of each unit that is a participant in a planning department or bythe legislative body of each unit that proposes to form a planningdepartment.
(b) AREA. Each ordinance adopted under this section mustprovide for at least one (1) representative from each unit that is aparticipant in the planning department.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.9.
IC 36-7-4-212
Membership of commission; certification
Sec. 212. ADVISORY. The clerk of the municipal legislativebody and the secretary of the park board shall certify membersappointed by their respective bodies, and the executive shall certifyhis appointments. The certificates shall be sent to and made a part ofthe records of the municipal plan commission.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-213
Membership of commission; advisory members
Sec. 213. ADVISORY. If a municipality having a municipal plancommission is located in a county that has a county plancommission:
(1) a designated representative of the county plan commissionshall serve as an advisory member of the municipal plancommission; and
(2) a designated representative of the municipal plancommission shall serve as an advisory member of the countyplan commission.
Each advisory member has all the privileges of membership, exceptthe right to vote.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-214
Membership of commission; additional members required forunincorporated jurisdictional area
Sec. 214. (a) ADVISORY. When a municipal plan commissionexercises jurisdiction outside the incorporated area of themunicipality as provided for in section 205 of the advisory planninglaw, the executive of the county in which the unincorporated area islocated shall appoint two (2) additional citizen members to themunicipal plan commission. The citizen members must:
(1) reside in the unincorporated area; and
(2) not be of the same political party.
(b) ADVISORY. Initially, one (1) member under subsection (a)shall be appointed for a term of one (1) year and the other for a termof four (4) years. Thereafter, each appointment is for a term of four
(4) years. The additional citizen members are entitled to participateand vote in all deliberations of the municipal plan commission.
(c) ADVISORY. If the unincorporated area referred to insubsection (a) lies in two (2) counties, the executive of each of thosecounties shall appoint one (1) of the additional citizen members. Theexecutive of the county having the larger proportion of theunincorporated area shall appoint its member first, and the executiveof the other county shall then appoint its member, who must not beof the same political party.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.7-1983,SEC.37; P.L.220-1986, SEC.8.
IC 36-7-4-215
Membership of commission; additional members allowed forunincorporated jurisdictional area
Sec. 215. ADVISORY. In addition to the requirements of section214 of this chapter, the executive of the county may also appoint asmembers of a town plan commission additional representatives fromthe unincorporated jurisdictional area, if the executive believes theadditional representation is justifiable. The number of appointmentsshall be determined as follows:
(1) Two (2) citizen members, if the population of thejurisdictional area appears to be at least fifty percent (50%) butnot more than one hundred percent (100%) of the population ofthe town itself.
(2) Four (4) citizen members, if the population of thejurisdictional area appears to be greater than that of the townitself.
These additional members must have the same qualifications and areentitled to the same terms and privileges as prescribed for theadditional members appointed under section 214 of this chapter.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.7-1983,SEC.38.
IC 36-7-4-216
Membership of commission; qualifications of citizen members
Sec. 216. Each citizen member shall be appointed because of themember's knowledge and experience in community affairs, themember's awareness of the social, economic, agricultural, andindustrial problems of the area, and the member's interest in thedevelopment and integration of the area. A citizen member may nothold other elective or appointive office in municipal, county, or stategovernment, except in the case of an area plan commissionmembership on the school board, the park board, or the board ofdirectors for public utilities or board of trustees for utilities createdunder IC 8-1-11.1. A citizen member must be a resident of thejurisdictional area of the plan commission.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.10; P.L.2-1989, SEC.25.
IC 36-7-4-217
Membership of commission; term of certain appointees
Sec. 217. ADVISORY.AREA. The term of office of a member(who is appointed from the membership of a legislative body, a parkboard, or the advisory council on town affairs) is coextensive withthe member's term of office on that body, board, or council, unlessthat body, board, or council appoints, at its first regular meeting inany year, another to serve as its representative.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-218
Membership of commission; terms and removal of citizen members
Sec. 218. (a) When an initial term of office of a citizen memberexpires, each new appointment of a citizen member is:
(1) for a term of four (4) years (in the case of a municipal,county, or area plan commission);
(2) for a term of three (3) years (in the case of a metropolitanplan commission); or
(3) for a term of one (1), two (2), or three (3) years, asdesignated by the appointing authority (in the case of themetropolitan development commission).
A member serves until his successor is appointed and qualified. Amember is eligible for reappointment.
(b) ADVISORY. Upon the establishment of a nine (9) membermunicipal plan commission, the citizen members shall initially beappointed for the following terms of office:
(1) One (1) for a term of two (2) years.
(2) Two (2) for a term of three (3) years.
(3) Two (2) for a term of four (4) years.
Upon the establishment of a seven (7) member municipal plancommission, two (2) citizen members shall initially be appointed fora term of three (3) years and two (2) shall initially be appointed fora term of four (4) years. Each member's term expires on the firstMonday of January of the second, third, or fourth year, respectively,after the year of the member's appointment.
(c) ADVISORY. Upon the establishment of a county plancommission, the citizen members shall initially be appointed for thefollowing terms of office:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) Two (2) for a term of four (4) years.
Each member's term expires on the first Monday of January of thefirst, second, third, or fourth year, respectively, after the year of themember's appointment.
(d) ADVISORY. Upon the establishment of a metropolitan plancommission, the citizen members shall initially be appointed for thefollowing terms of office:
(1) Three (3) for a term of one (1) year, one (1) appointed bythe county legislative body and two (2) by the city executive. (2) Two (2) for a term of two (2) years, one (1) by eachappointing authority.
(3) Two (2) for a term of three (3) years, one (1) by eachappointing authority.
(e) AREA. If there is one (1) citizen member on the area plancommission, his initial term of office is one (1) year. If there are two(2) citizen members, one (1) shall be appointed for a term of one (1)year and one (1) for a term of two (2) years. If there are three (3) ormore citizen members, one (1) shall be appointed for a term of one(1) year, one (1) for a term of two (2) years, one (1) for a term ofthree (3) years, and any remainder for a term of four (4) years. Eachmember's term expires on the first Monday of January of the first,second, third, or fourth year, respectively, after the year of themember's appointment.
(f) ADVISORY.AREA. The appointing authority may remove amember from the plan commission for cause. The appointingauthority must mail notice of the removal, along with written reasonsfor the removal, to the member at his residence address. A memberwho is removed may, within thirty (30) days after receiving notice ofthe removal, appeal the removal to the circuit or superior court of thecounty. The court may, pending the outcome of the appeal, order theremoval or stay the removal of the member.
(g) METRO. The appointing authority may remove a citizenmember from the metropolitan development commission. Theappointing authority must mail notice of the removal, along withwritten reasons, if any, for the removal, to the member at hisresidence address. A member who is removed may not appeal theremoval to a court or otherwise.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.11; P.L.192-1984, SEC.5.
IC 36-7-4-219
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-4-220
Membership of commission; vacancies
Sec. 220. (a) If a vacancy occurs among the plan commissionmembers who are appointed, then the appointing authority shallappoint a member for the unexpired term of the vacating member.
(b) If a vacancy occurs in the office of the county surveyor, thenthe county engineer shall be a member of the plan commission duringthe time the office of the county surveyor is vacant.
(c) An appointed member who misses three (3) consecutiveregular meetings of the metropolitan development commission shallbe treated as if the member had resigned, unless the appointingauthority reaffirms the member's appointment.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.12; P.L.23-1991, SEC.39.
IC 36-7-4-221
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-4-222
Membership of commission; expenses
Sec. 222. If a plan commission determines that it is necessary ordesirable for members or employees to join a professionalorganization or to attend a conference or interview dealing withplanning or related problems, the commission may pay the applicablemembership fees and all actual expenses of the members oremployees, if that amount has been appropriated by the fiscal bodyof the unit.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.13; P.L.192-1984, SEC.6.
IC 36-7-4-222.5
Plan commission members belonging to county executive or fiscalbodies; mileage and compensation
Sec. 222.5. Notwithstanding IC 36-2-7-2, a member of a countyexecutive, a member of a county fiscal body, a county surveyor, oran appointee of a county surveyor who is also a member of a plancommission is entitled to receive the following:
(1) A sum for mileage for each mile necessarily traveled whileperforming the duties of a plan commission member in anamount determined by the county fiscal body.
(2) A sum for compensation for services as a member of theplan commission in an amount that the county fiscal body maydetermine for attendance at meetings of the plan commission.
As added by P.L.356-1989(ss), SEC.1. Amended by P.L.154-1993,SEC.3; P.L.10-1997, SEC.34.
IC 36-7-4-223
Membership of commission; conflict of interest; zoning matters
Sec. 223. (a) As used in this section, "zoning matter" does notinclude the preparation or adoption of a comprehensive plan.
(b) A member of a plan commission or a legislative body may notparticipate as a member of the plan commission or legislative bodyin a hearing or decision of that commission or body concerning azoning matter in which the member has a direct or indirect financialinterest. The commission or body shall enter in its records the factthat its member has such a disqualification.
(c) A member of a plan commission or a legislative body may notdirectly or personally represent another person in a hearing beforethat commission or body concerning a zoning matter.
(d) A member of a plan commission may not receive any mileageor compensation under section 222.5 of this chapter for attendanceat a meeting if the member is disqualified under subsection (b)during any part of the meeting.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,
P.L.310, SEC.14; P.L.154-1993, SEC.4.
IC 36-7-4-300
300 Series_Organization of commission
Sec. 300. This series (sections 300 through 399 of this chapter)may be cited as follows: 300 SERIES.COMMISSIONORGANIZATION.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-301
Organization; quorum
Sec. 301. A quorum consists of a majority of the entiremembership of the plan commission, who are qualified by thischapter to vote.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-302
Organization; official action
Sec. 302. (a) ADVISORY.AREA. Action of a plan commissionis not official, unless it is authorized, at a regular or special meeting,by a majority of the entire membership of the plan commission.
(b) METRO. Action of the metropolitan development commissionis not official, unless it is authorized, at a regular or special meeting,by:
(1) at least six (6) members, when at least ten (10) members arepresent at the meeting;
(2) at least five (5) members, when eight (8) or nine (9)members are present at the meeting; or
(3) at least four (4) members, when fewer than eight (8)members are present at the meeting.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982,P.L.212, SEC.1; P.L.192-1984, SEC.7; P.L.164-1995, SEC.17.
IC 36-7-4-303
Organization; president and vice president
Sec. 303. At its first regular meeting in each year, the plancommission shall elect from its members a president and a vicepresident. The vice president may act as president of the plancommission during the absence or disability of the president.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-304
Organization; secretary
Sec. 304. The plan commission may appoint and fix the duties ofa secretary, who is not required to be a member of the commission.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.15.
IC 36-7-4-305
Organization; offices and property Sec. 305. (a) ADVISORY. The municipality or the county shallprovide suitable offices for the holding of advisory plan commissionmeetings and for preserving the plans, maps, accounts, and otherdocuments of the commission.
(b) AREA. After the establishment of the planning department,the county plan commission and participating municipal plancommissions shall transfer their property to the planning department.
(c) AREA. Except as may be necessary for the exercise of thepowers reserved to municipal boards of zoning appeals by the 900series of this chapter, all ordinances, maps, reports, minute books,documents, and correspondence of any municipal or county plancommission or board of zoning appeals within the jurisdiction of aplanning department shall be made available to or transferred to theplan commission on its written request. The plan commission shallprocure suitable offices for the conduct of its work and the work ofthe planning department.
As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.192-1984,SEC.8.
IC 36-7-4-306
Organization; regular meetings and minutes
Sec. 306. The plan commission shall fix the time for holdingregular meetings each month or as necessary. The commission shallkeep minutes of its meetings. The minutes of commission meetingsand all records shall be filed in the office of the commission and arepublic records.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.16.
IC 36-7-4-307
Organization; special meetings
Sec. 307. Special meetings of a plan commission may be called bythe president or by two (2) members of the commission upon writtenrequest to the secretary. The secretary shall send to all members, atleast three (3) days before the special meeting, a written notice fixingthe time and place of the meeting. Written notice of a special meetingis not required if:
(1) the date, time, and place of a special meeting are fixed in aregular meeting; and
(2) all members of the commission are present at that regularmeeting.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.17.
IC 36-7-4-308
Organization; appropriations
Sec. 308. (a) ADVISORY. After a legislative body has adopted anordinance establishing a municipal or county plan commission, thefiscal body of the municipality or the county, as the case may be,may make appropriations to carry out the duties of the commission. (b) ADVISORY. After a metropolitan plan commission isestablished, the commission shall use all amounts previouslyappropriated to, but unexpended by, the county plan commission andthe second class city plan commission without any furtherappropriation or transfer. Then the county fiscal body shallappropriate all necessary amounts for the use of the commission, butthe city legislative body may appropriate additional amounts for theuse of the commission. These amounts shall be deposited with thecounty treasurer in a fund to be known as the metropolitan planningfund.
(c) AREA. After the planning department is established, thecounty fiscal body shall appropriate and make available to theplanning department an amount equal to three cents ($.03) per personper month for each person in the county's population. This amount isto finance the planning department's operation from its establishmentuntil appropriations are available to it through regular county budgetand appropriation procedures. The county fiscal body shallappropriate sufficient amounts to the planning department to insurethe continued functioning of the planning department within theparticipating units. This appropriation shall be made in conformitywith the fiscal body's policy regarding the operating budgets of thevarious divisions of county government.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-309
Organization; expenditures
Sec. 309. ADVISORY.AREA. Each plan commission mayexpend, in accord with applicable municipal or county fiscalprocedures, all amounts appropriated to it for the purposes andactivities authorized by this chapter. In the case of a metropolitanplan commission, at the end of each fiscal year, any unexpended partof the metropolitan planning fund appropriated by the county revertsto the county general fund, and any unexpended part appropriated bythe second class city reverts to the city general fund.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-310
Organization; gifts and grants
Sec. 310. (a) A municipality (in the case of a municipal plancommission or the metropolitan development commission) or acounty (in the case of a county plan commission, a metropolitan plancommission, or an area plan commission) may accept gifts,donations, and grants from private or governmental sources foradvisory plan commission purposes or planning departmentpurposes, as the case may be.
(b) Any money so accepted shall be deposited with themunicipality or the county, as the case may be, in a specialnonreverting plan commission fund to be available for expendituresby the plan commission for the purpose designated by the source.The fiscal officer of the municipality or the county shall draw
warrants against the special nonreverting fund only on voucherssigned by the president and secretary of the commission.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-311
Organization; staff and services; executive director; compensation
Sec. 311. (a) ADVISORY. The advisory plan commission mayappoint, prescribe the duties, and fix the compensation of suchemployees as are necessary for the discharge of the duties of thecommission. This compensation must be in conformity with salariesand compensation fixed up to that time by the fiscal body of themunicipality or county, as the case may be. The commission maycontract for special or temporary services and any professionalcounsel.
(b) AREA. The area plan commission shall appoint an executivedirector for the planning department and fix the director'scompensation. To be qualified for the position, the executive directormust have training and experience in the field of planning andzoning. The commission may not give any consideration to politicalaffiliation in the appointment of the executive director.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981,P.L.310, SEC.18; P.L.260-1993, SEC.1; P.L.165-2003, SEC.3.
IC 36-7-4-312
Organization; duties of executive director
Sec. 312. AREA. Under the direction of the area plancommission, the executive director shall:
(1) propose annually a plan for the operation of the planningdepartment;
(2) administer the plan as approved by the commission;
(3) supervise the general administration of the planningdepartment;
(4) keep the records of the planning department and beresponsible for the custody and preservation of all papers anddocuments of the planning department;
(5) subject to the approval of the commission, appoint andremove the employees of the planning department, according tothe standards and qualifications fixed by the commission andwithout regard to political affiliation;
(6) prepare and present to the commission an annual report; and
(7) perform such other duties as the commission may direct.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-400
400 Series_Duties and powers of commission
Sec. 400. This series (sections 400 through 499 of this chapter)may be cited as follows: 400 SERIES.COMMISSION DUTIESAND POWERS.
As added by Acts 1981, P.L.309, SEC.23.
IC 36-7-4-401
Duties; advisory planning; area planning
Sec. 401. (a) Each plan commission shall:
(1) supervise, and make rules for, the administration of theaffairs of the commission (in the case of an advisory plancommission) or of the planning department (in the case of anarea plan commission or a metropolitan developmentcommission);
(2) prescribe uniform rules pertaining to investigations andhearings;
(3) keep a complete record of all the departmental proceedings;
(4) record and file all bonds and contracts and assumeresponsibility for the custody and preservation of all papers anddocuments of the commission (in the ca