CHAPTER 5.1. JOINT DISTRICT PLANNING AND ZONING

IC 36-7-5.1
    Chapter 5.1. Joint District Planning and Zoning

IC 36-7-5.1-1
"Commission" and "plan commission" defined
    Sec. 1. As used in this chapter, "commission" or "plancommission" refers to a joint district planning and zoningcommission established under this chapter.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-2
"Joint district" defined
    Sec. 2. As used in this chapter, "joint district" means an area ofreal property (whether or not the property is located within theboundaries of one (1) or more municipalities, counties, or otherpolitical subdivisions) that is established as a joint district under thischapter.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-3
Advisory planning law; application
    Sec. 3. The advisory planning law portions of IC 36-7-4 apply toa commission and a joint district insofar as the advisory planning lawportions of IC 36-7-4 are not inconsistent with this chapter, even ifthe county in which a joint district is located has adopted any part ofthe area planning law under IC 36-7-4.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-4
Municipal and county cooperative single and unified planning andzoning entities
    Sec. 4. One (1) or more municipalities (meeting the population,proximity, and ordinance requirements under section 9 of thischapter) and one (1) or more counties may cooperatively establishsingle and unified planning and zoning entities as joint districts tocarry out this chapter on a less than countywide basis.
As added by P.L.300-1989, SEC.2. Amended by P.L.1-1990,SEC.361.

IC 36-7-5.1-5
Municipal and county joint district planning and zoningcommission
    Sec. 5. (a) The legislative bodies of one (1) or more municipalities(meeting the population and proximity requirements under section 9of this chapter) and one (1) or more counties may establish, byidentical ordinances, a joint district planning and zoning commission.The ordinances must specify the following:
        (1) The legal name of the commission.
        (2) The boundaries of the joint district.
        (3) The duration of the commission.        (4) Any other information necessary to form the commission.
    (b) A municipality having a population of more than threethousand (3,000) but less than fifteen thousand (15,000) may pass anordinance to establish a joint district for any territory that is located:
        (1) in the municipality; or
        (2) within five (5) miles of the municipality's corporateboundaries.
    (c) A municipality having a population of more than twenty-fivethousand (25,000) but less than fifty thousand (50,000) may pass anordinance to establish a joint district for any territory that is located:
        (1) in the municipality; or
        (2) within ten (10) miles of the municipality's corporateboundaries.
    (d) When the boundaries of a proposed joint district include realproperty lying within the corporate boundaries of a municipality, themunicipality is subject to the jurisdiction of the joint district and theprovisions of this chapter only if the municipality adopts anordinance under subsection (a).
    (e) After the boundaries and duration of a joint district have beenestablished under subsection (a), the boundaries and the durationmay not be changed.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-6
Authority of commission
    Sec. 6. After a commission is established, it shall exclusivelyexercise all the planning, zoning, platting, and land use policyauthority for real property in the joint district. The joint districtcommission has exclusive authority, subject to section 7 of thischapter, to adopt a zoning ordinance or a subdivision controlordinance, or both. Any planning, zoning, platting, or land usefunctions exercised by any other unit or entity in the joint districtshall cease. Except as provided in section 7 of this chapter, an actionof the commission is final and does not require a reference to or anapproval by a county or municipal legislative body.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-7
Joint district council
    Sec. 7. (a) A joint district council is established for each jointdistrict formed under this chapter.
    (b) The membership of the joint district council consists of:
        (1) the president of the town board of trustees;
        (2) the president of a second class city legislative body;
        (3) the president pro tempore of a third class city legislativebody;
        (4) the president of a city-county legislative body (consolidatedcity); and
        (5) one (1) member of the county executive appointed by thecounty executive;of each municipality and county that enacted an ordinance creatingthe joint district.
    (c) Notwithstanding section 6 of this chapter, before an ordinancethat is passed by a commission becomes effective, the joint districtcouncil must approve the ordinance. A joint district commission shallforward a copy of each ordinance that the commission passes withinthree (3) business days after passage to the secretary of the jointdistrict council.
    (d) A joint district council shall conduct a hearing on an ordinanceand shall publish notice of the hearing in accordance with IC 5-3-1specifying the time and location of the meeting. A joint districtcouncil may approve, amend, or reject an ordinance of thecommission at the hearing. If a joint district council does not conducta hearing on an ordinance within twenty (20) days of receipt of theordinance, the ordinance is considered approved by the joint districtcouncil.
    (e) The auditor of the county in which a majority of the territoryin a joint district is located shall be the secretary of the joint districtcouncil.
    (f) A quorum consists of a majority of the entire membership ofthe joint district council.
    (g) Action of the joint district council is not official unless it isauthorized at a regular or special meeting by a majority of themembers who are present at the meeting.
    (h) the presiding office of the joint district council is the memberwho is appointed by the executive of the county that enacts anordinance creating a joint district. However, if more than one (1)county is in a joint district, then the joint district council memberwho is appointed by the executive of the county having the greatestamount of land in the joint district serves as the presiding officer.
    (i) Either the presiding officer or a majority of the entiremembership of the joint district council may call a regular or specialmeeting.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-8
Comprehensive plan; joint district limits; new municipality withinexisting joint district
    Sec. 8. (a) A commission may adopt a comprehensive plan (asprovided for under the 500 Series of the advisory planning law) forthe development of the joint district. The comprehensive plan, ifadopted, does not have extraterritorial effect outside the definedboundaries of the joint district. However, a comprehensive planadopted by a commission supersedes an existing or conflictingcomprehensive plan governing any of the joint district.
    (b) Before exercising its rights, powers, and duties under thischapter or the advisory planning law with respect to an areadesignated as a joint district, a commission must file with therecorder of each county in which a part of the joint district is locateda description or map defining the limits of the joint district. If the

commission revises the limits, it shall file a revised description ormap defining those revised limits with each recorder.
    (c) Until the commission adopts a comprehensive plan, acomprehensive plan that was in effect before the formation of thejoint district applies to that portion of the joint district controlled bythat comprehensive plan.
    (d) Whenever a new municipality is incorporated and itsboundaries lie in whole or in part within a joint district, thecommission continues to exercise territorial jurisdiction within thenew municipality or that portion of the municipality within the jointdistrict, until the effective date of a municipal ordinance:
        (1) establishing an advisory plan commission underIC 36-7-4-202(a); or
        (2) adopting the area planning law under IC 36-7-4-202(b).
Beginning on that effective date, the planning and zoning function ofthe municipality shall be exercised by the municipality under theadvisory planning law or area planning law.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-9
Membership of commission
    Sec. 9. The members of the commission shall be determined asfollows:
        (1) The legislative body of each county where any part of thejoint district is located shall choose four (4) members.
        (2) The legislative body of each municipality having apopulation of more than three thousand (3,000), but less thanfifteen thousand (15,000), that passes an ordinance establishinga joint district and that is located within five (5) miles of thejoint district shall choose three (3) members.
        (3) The city plan commission (or similar body) of eachmunicipality having a population of more than twenty-fivethousand (25,000), but less than fifty thousand (50,000), thatpasses an ordinance establishing a joint district and that islocated within ten (10) miles of the joint district shall choosetwo (2) members.
        (4) The executive of each municipality meeting the population,proximity, and ordinance requirements of subdivision (3) shallchoose one (1) member.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-10
Majority vote prerequisite to commission action
    Sec. 10. Commission action may be taken only upon the vote ofa majority of its members.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-11
Membership qualifications
    Sec. 11. (a) Each member of the commission must have:        (1) knowledge and experience regarding affairs in the jointdistrict;
        (2) awareness of the social, economic, agricultural, andindustrial conditions of the joint district; and
        (3) an interest in the development of the joint district.
    (b) A challenge to the appointment of a member based on thequalifications described in subsection (a) must be filed within thirty(30) days after the appointment. The challenge may be filed in thecircuit court of any county that contains the entire joint district orany part of the joint district.
    (c) Except as provided in subsection (d), a member must be aresident of a county where a part of the joint district is located orreside within ten (10) miles of the borders of the district.
    (d) In a joint district that contains all or part of a county having apopulation of more than seventy-one thousand four hundred (71,400)but less than seventy-three thousand (73,000), two (2) of themembers appointed by the legislative body of that county undersection 9(1) of this chapter must, in addition to the requirements ofsubsections (a) and (b), be residents of any township that is entirelyor partially located within the joint district.
As added by P.L.300-1989, SEC.2. Amended by P.L.12-1992,SEC.167; P.L.170-2002, SEC.155.

IC 36-7-5.1-12
Term
    Sec. 12. Members of the commission are appointed for a three (3)year term.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-13
Office space
    Sec. 13. One (1) of the counties or municipalities that adopted anordinance creating the joint district shall provide suitable offices forthe holding of commission meetings and for preserving the plans,maps, accounts, and other documents of the commission.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-14
Appropriations
    Sec. 14. After one (1) or more municipalities and one (1) or morecounties cooperatively establish a joint district, the units creating thejoint district may make an appropriation to carry out the duties of thecommission. The units may apportion appropriations for thecommission in any manner the units determine appropriate.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-15
Acceptance of gifts, donations, and grants; deposit; use
    Sec. 15. (a) A commission may accept gifts, donations, and grantsfrom private or governmental services for commission purposes. The

commission shall deposit money that it receives under this section ina joint district fund (or other suitable fund). The commission shallkeep these funds available for expenditures for the purposedesignated.
    (b) The commission shall prepare and adopt an annual budget andsubmit it to the joint district council for approval or revision. If thejoint district council does not consider the budget within thirty (30)days after submission of the budget, the budget is consideredapproved by the joint district council. After approval of the budget,money may be expended only as budgeted, or as provided in thissection for the use of unexpended or unencumbered funds.
    (c) Any appropriated amounts remaining unexpended orunencumbered at the end of the fiscal year become part of anonreverting cumulative joint district fund (or other suitable fundthat the commission may establish) to be held in the name of thecommission. The commission may authorize unbudgetedexpenditures from this fund.
    (d) A commission is responsible for the safekeeping and depositof money it receives under this chapter. The state board of accountsshall prescribe the methods and forms for keeping the accounts,records, and books of the commission and shall periodically audit thecommission.
    (e) The secretary of the commission may receive, disburse, andhandle money belonging to the commission, subject to applicablestatutes and to any procedures that the commission may establish.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-16
Employees; professional counsel; delegation of authority
    Sec. 16. (a) The commission shall prescribe the qualifications,appoint, remove, prescribe the duties, and fix the compensation ofemployees necessary for the discharge of the duties of thecommission. The compensation must be in conformity with salariesand compensation fixed up to that time for similar work by the fiscalbody of a municipality or county that created the joint district.
    (b) The commission may contract for special or temporaryservices of a professional counsel.
    (c) The commission shall delegate authority to its employees toperform ministerial acts in all cases unless final action of thecommission is necessary.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-17
Duties of commission
    Sec. 17. The commission has the duties listed in IC 36-7-4-401 tothe extent those duties are consistent with this chapter.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-18
Lawsuits; process; costs    Sec. 18. A commission may sue and be sued, with service ofprocess upon the president of the commission. No costs may be taxedagainst the commission or any commission members in an action.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-19
Duties of commission under IC 36-7-4-405
    Sec. 19. The commission shall comply with IC 36-7-4-405 to theextent those duties are consistent with this chapter.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-20
Continuation of preexisting zoning ordinances
    Sec. 20. Until the commission adopts a zoning ordinance in themanner provided for under the 600 series of the advisory planninglaw, the zoning ordinance, if any, that is then in effect for the portionof the joint district controlled by that zoning ordinance shall continuein effect.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-21
Conforming structure and location
    Sec. 21. Within the joint district:
        (1) a structure may not be located; and
        (2) an improvement location permit for a structure on platted orunplatted land may not be issued;
unless the structure and location conform to the joint district zoningordinance.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-22
Improvement location permits
    Sec. 22. The joint district zoning ordinance may designate anofficial or employee of the commission to issue improvementlocation permits within the jurisdiction of the commission and inconformance with the joint district zoning ordinance.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-23
Board of zoning appeals
    Sec. 23. (a) Notwithstanding IC 36-7-4-901, the commission shallestablish a board of zoning appeals.
    (b) The board of zoning appeals shall be composed of one (1)division of five (5) members who are selected according to section24 of this chapter.
    (c) The board of zoning appeals shall be known as the jointdistrict board of zoning appeals.
    (d) Except as provided in this section, a joint district board ofzoning appeals has the exclusive territorial jurisdiction over all realproperty in the joint district.As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-24
Membership of zoning appeals board
    Sec. 24. Notwithstanding IC 36-7-4-902, the division of the jointdistrict board of zoning appeals consists of five (5) members asfollows:
        (1) One (1) citizen member appointed by the commission whomay or may not be a member of the commission.
        (2) Two (2) citizen members appointed by the legislative bodyof the county having the most acreage of real property in thejoint district.
        (3) One (1) citizen member appointed by the most populousmunicipality that passed an ordinance creating the joint district.
        (4) One (1) citizen member appointed by the second mostpopulous municipality that passed an ordinance creating thedistrict.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-25
Multiple office holding; residence requirement
    Sec. 25. (a) A member of the joint district board of zoning appealsmay hold no other elective or appointive office in municipal, county,or state government, except as permitted by IC 36-7-4-902.
    (b) A member of the joint district board of zoning appeals must bea resident of a county where a part of the joint district is located orreside within ten (10) miles of the borders of the joint district.
As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-26
Variances
    Sec. 26. Notwithstanding IC 36-7-4-918.4, the joint district boardof zoning appeals may not grant a variance of use from the terms ofthe applicable zoning ordinance.
As added by P.L.300-1989, SEC.2.