CHAPTER 4. LOCAL PLANNING AND ZONING - Indiana Statutes

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 AND RULES 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 of this chapter that are applicable to advisory planning. Sections and subsections of this chapter with headings that include "ADVISORY" apply to advisory planning. In addition, sections and subsections of this chapter without headings apply to advisory planning as well as area 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 this chapter that are applicable to area planning. Sections and subsections of this chapter with headings that include "AREA" apply to area planning. In addition, sections and subsections of this chapter without headings apply to area planning as well as advisory planning and 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 those parts 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, sections and subsections of this chapter without headings apply to metropolitan development as well as area planning and advisory planning.
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", preceded by a numerical designation and two (2) zeroes, shall be construed as a reference to all the sections of this chapter (including the advisory planning law, the area planning law, and the metropolitan development 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Repealed
    (Repealed by Acts 1981, P.L.310, SEC.94.)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, area planning laws, township joinder laws, or metropolitan development laws has been replaced in the same form or in a restated form, by a provision of this chapter, then a citation to the provision of the prior law shall be construed as a citation to the corresponding provision of this 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.COMMISSION ESTABLISHMENT 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 to exercise planning and zoning powers in Indiana must do so in the manner provided by this chapter.
    (b) The purpose of this chapter is to encourage units to improve the health, safety, convenience, and welfare of their citizens and to plan 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 business be recognized in future growth;
        (4) that residential areas provide healthful surroundings for family life; and
        (5) that the growth of the community is commensurate with and promotive of the efficient and economical use of public funds.
    (c) Furthermore, municipalities and counties may cooperatively establish single and unified planning and zoning entities to carry out the purpose of this chapter on a countywide basis.
    (d) METRO. Expanding urbanization in each county having a consolidated city has created problems that have made the unification of planning and zoning functions a necessity to insure the health, safety, morals, economic development, and general welfare of the county. To accomplish this unification, a single planning and zoning authority 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 of antennas
     Sec. 201.1. A local zoning ordinance that addresses a satellite receiver antenna and another type of antenna is void unless the zoning ordinance:
        (1) has a reasonable and clearly defined health, safety, or aesthetic objective;
        (2) does not:
            (A) impose an unreasonable restriction on or prevent the reception of satellite signals by satellite receiver antennas; or
            (B) impose costs on the users of satellite receiver antennas that are excessive in comparison to the purchase and installation cost of the satellite receiver antennas; and
        (3) does not prohibit installation of a satellite receiver antenna that 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 or municipality may establish by ordinance an advisory plan commission. In addition, in a county having a population of:
        (1) more than one hundred seventy thousand (170,000) but less than one hundred eighty thousand (180,000); or
        (2) more than one hundred eighteen thousand (118,000) but less than one hundred twenty thousand (120,000);
the legislative bodies of that county and of the city having the largest population in that county may establish by identical ordinances a metropolitan plan commission as a department of county government. These ordinances must specify the legal name of the commission for purposes of section 404(a) of this chapter.
    (b) AREA. There may be established in each county an area planning 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 the establishment of a planning department may adopt an ordinance adopting the area planning law, fix a date for the establishment of the planning department, and provide for the appointment of its representatives to the commission. When a municipality or a county adopts such an ordinance, it shall certify a copy of it to each legislative body within the county. When a county and at least one (1) municipality within the county each adopt an ordinance adopting the area planning law and fix a date for the establishment of the department, the legislative body of the county shall establish the planning department.     (c) METRO. A metropolitan development commission is established in the department of metropolitan development of the consolidated city. The legislative body of the consolidated city may adopt 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 commission is established, it shall exercise exclusively the planning and zoning functions of the county and of the second class city, and the separate planning and zoning functions of the county plan commission and the city plan commission cease.
    (b) AREA. After the planning department is established and the participating legislative bodies have adopted a zoning ordinance, the planning department shall exercise exclusively the planning and zoning functions of the county and of the participating municipalities, except as provided in section 918 of the area planning law. Where other statutes confer planning and zoning authority on a participating municipality or a county, their plan commissions shall continue to exercise that authority until such time as the planning department is established and the participating legislative bodies adopt 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 ordinances adopting the area planning law and provide for the appointment of their representatives to the area plan commission. In such a case, the membership of the commission shall be increased according to the formula provided in sections 207, 208, 209, and 211 of the area planning law, and the authority of a municipal plan commission and municipal board of zoning appeals ceases, except as provided in section 918 of the area planning law, as of the time specified in that ordinance. The composition of any such municipal board of zoning appeals, or of any such board later organized, under the advisory planning law, must conform with that law, except that those members of such a board to be appointed from the municipal plan commission shall 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 comprehensive plan; inclusion of contiguous unincorporated area; incorporation

of new towns in county
     Sec. 205. (a) ADVISORY. A municipal plan commission shall adopt a comprehensive plan, as provided for under the 500 series of the 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 the contiguous unincorporated area; or
        (2) the municipal plan commission obtains the approval of the county legislative body of each affected county;
the municipal plan commission may provide in the comprehensive plan for the development of the contiguous unincorporated area, designated by the commission, that is outside the corporate boundaries of the municipality, and that, in the judgment of the commission, bears reasonable relation to the development of the municipality.
    (b) ADVISORY. Except as limited by the boundaries of unincorporated areas subject to the jurisdiction of other municipal plan commissions, an area designated under this section may include any part of the contiguous unincorporated area within two (2) miles from the corporate boundaries of the municipality. If, however, the corporate boundaries of the municipality or the boundaries of that contiguous unincorporated area include any part of the public waters or shoreline of a lake (which lies wholly within Indiana), the designated 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) feet from that shoreline.
    (c) ADVISORY. Before exercising their rights, powers, and duties of the advisory planning law with respect to an area designated under this section, a municipal plan commission must file, with the recorder of the county in which the municipality is located, a description or map defining the limits of that area. If the commission revises the limits, it shall file, with the recorder, a revised description or map defining those revised limits.
    (d) ADVISORY. If any part of the contiguous unincorporated area within the potential jurisdiction of a municipal plan commission is also within the potential jurisdiction of another municipal plan commission, the first municipal plan commission may exercise territorial jurisdiction over that part of the area within the potential jurisdiction of both municipal plan commissions that equals the product obtained by multiplying a fraction, the numerator of which is the area within the corporate boundaries of that municipality and the denominator of which is the total area within the corporate boundaries of both municipalities times the area within the potential jurisdiction of both municipal plan commissions. Furthermore, this commission may exercise territorial jurisdiction within those boundaries, enclosing an area reasonably compact and regular in shape, 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 areas of the county, a municipal plan commission may not exercise jurisdiction, as provided in this section, over any part of that unincorporated area unless it is authorized by ordinance of the legislative body of the county. This ordinance may be initiated by the county legislative body or by petition duly signed and presented to the county auditor by:
        (1) not less than fifty (50) property owners residing in the area involved 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 hearing as required for other actions of the county plan commission under the advisory planning law. Upon the passage of the ordinance by the county legislative body and the subsequent acceptance of jurisdiction by the municipal plan commission, the municipal plan commission shall exercise the same rights, powers, and duties conferred in this section exclusively with respect to the contiguous unincorporated area. The jurisdiction of a municipal plan commission, as authorized under this subsection, may be terminated by ordinance at the discretion of the legislative body of the county, but only if the county has adopted a comprehensive plan for that area that is as comprehensive in scope and subject matter as that in effect by municipal ordinance.
    (f) ADVISORY. Each municipal plan commission in a municipality 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 with the advisory planning law, a comprehensive plan and ordinance covering the unincorporated areas of the county;
may, at any time, after filing notice with the county recorder and the county plan commission, exercise or reject territorial jurisdiction over any part of the area within two (2) miles of the corporate boundaries of that municipality and within that county, whether or not that commission has previously exercised that jurisdiction, if the municipality is providing municipal services to the area. Within sixty (60) days after receipt of that notice, the county plan commission and the county legislative body shall have the county comprehensive plan and ordinance revised to reflect the decision of the municipal plan commission exercising the option provided for in this subsection. If the municipality is not providing municipal services to the area, the municipal plan commission must obtain the approval of the county legislative body of each affected county before exercising jurisdiction.
    (g) AREA. Wherever in the area planning law authority is conferred to establish a comprehensive plan or an ordinance for its enforcement, 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 incorporated in a county having a county plan commission or an area plan commission, that plan commission and its board of zoning appeals shall continue to exercise territorial jurisdiction within the town until the effective date of a town ordinance:
        (1) establishing an advisory plan commission under section 202(a) of this chapter; or
        (2) adopting the area planning law under section 202(b) or 204 of this chapter.
Beginning on that effective date, the planning and zoning functions of the town shall be exercised under the advisory planning law or area 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 nonparticipating municipality
     Sec. 206. AREA. After the planning department is established, a nonparticipating municipality may not exercise planning and zoning powers 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 city civil engineer, the city plan commission consists of nine (9) members, as follows:
        (1) One (1) member appointed by the city legislative body from its membership.
        (2) One (1) member appointed by the park board from its membership.
        (3) One (1) member or designated representative appointed by the city works board.
        (4) The city civil engineer or a qualified assistant appointed by the 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 city executive.
    (b) ADVISORY. If a city lacks either a park board or a city civil engineer, or both, subsection (a) does not apply. In such a city or in any 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 officials or employees in the municipal government, as members.
        (2) The municipal executive shall appoint four (4) citizen members, of whom no more than two (2) may be of the same political party.
    (c) AREA. To provide equitable representation of rural and urban

populations, representation on the area plan commission is determined as follows:
        (1) Seven (7) representatives from each city having a population of more than one hundred five thousand (105,000).
        (2) Six (6) representatives from each city having a population of not less than seventy thousand (70,000) nor more than one hundred five thousand (105,000).
        (3) Five (5) representatives from each city having a population of not less than thirty-five thousand (35,000) but less than seventy thousand (70,000).
        (4) Four (4) representatives from each city having a population of not less than twenty thousand (20,000) but less than thirty-five thousand (35,000).
        (5) Three (3) representatives from each city having a population of not less than ten thousand (10,000) but less than twenty thousand (20,000).
        (6) Two (2) representatives from each city having a population of less than ten thousand (10,000).
        (7) One (1) representative from each town having a population of more than two thousand one hundred (2,100), and one (1) representative from each town having a population of two thousand one hundred (2,100) or less that had a representative before January 1, 1979.
        (8) Such representatives from towns having a population of not more than two thousand one hundred (2,100) as are provided for in section 210 of this chapter.
        (9) Six (6) county representatives if the total number of municipal representatives in the county is an odd number, or five (5) county representatives if the total number of municipal representatives is an even number.
    (d) METRO. The metropolitan development commission consists of nine (9) citizen members, as follows:
        (1) Four (4) members, of whom no more than two (2) may be of the same political party, appointed by the executive of the consolidated city.
        (2) Three (3) members, of whom no more than two (2) may be of the same political party, appointed by the legislative body of the 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 shall appoint an individual to serve as a nonvoting adviser to the metropolitan development commission when the commission is acting as the redevelopment commission of the consolidated city under IC 36-7-15.1. If the duties of the metropolitan development commission under IC 36-7-15.1 are transferred to another entity under IC 36-3-4-23, the individual appointed under this subsection shall serve as a nonvoting adviser to that entity. A nonvoting adviser appointed 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 the consolidated city;
        (2) is not considered a member of the metropolitan development commission for purposes of IC 36-7-15.1 but is entitled to attend and participate in the proceedings of all meetings of the metropolitan development commission (or any successor entity designated under IC 36-3-4-23) when it is acting as a redevelopment commission under IC 36-7-15.1;
        (3) is not entitled to a salary, per diem, or reimbursement of expenses;
        (4) serves for a term of two (2) years and until a successor is appointed; and
        (5) serves at the pleasure of the legislative body of the consolidated 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 consists of nine (9) members, as follows:
        (1) One (1) member appointed by the county executive from its membership.
        (2) One (1) member appointed by the county fiscal body from its membership.
        (3) The county surveyor or the county surveyor's designee.
        (4) The county agricultural extension educator. However, if the county does not have a county agricultural extension educator, the county extension board shall select a resident of the county who is a property owner with agricultural interest to serve on the commission under this subdivision for a period not to exceed one (1) year.
        (5) Five (5) members appointed in accordance with one (1) of the 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 real property located in whole or in part in an unincorporated area of the county;
            appointed by the county executive. However at least two (2) of the citizen members must be residents of the unincorporated area of the county. Also one (1) township trustee, who must be a resident of an unincorporated area of the county appointed by the county executive upon the recommendation of the township trustees whose townships are 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 real property located in whole or in part in an unincorporated area of the county;
            appointed by the county executive. However at least two (2) members must be residents of the unincorporated area of the county.
        If a county executive changes the plan commission from having members described in clause (B) to having members described in clause (A), the county executive shall appoint a township trustee to replace the first citizen member whose term expires and who belongs to the same political party as the township trustee. Each member appointed to the commission is entitled to receive compensation for mileage at the same rate and the same compensation for services as a member of a county executive, a member of a county fiscal body, a county surveyor, or an appointee of a county surveyor receives for serving on the commission, as set forth in section 222.5 of this chapter.
    (b) ADVISORY. The metropolitan plan commission consists of nine (9) members, as follows:
        (1) One (1) member appointed by the county legislative body from its membership.
        (2) One (1) member appointed by the second class city legislative 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 located in whole or in part in an unincorporated area of the county;
        of whom no more than two (2) may be of the same political party, appointed by the county legislative body. One (1) of these members 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 second class city executive. One (1) of these members must be from the metropolitan school authority or community school corporation and 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 are as follows:
        (1) One (1) member appointed by the county executive from its membership.
        (2) One (1) member appointed by the county fiscal body from its membership.
        (3) The county superintendent of schools, or if that office does not exist, a representative appointed by the school corporation superintendents within the jurisdiction of the area plan commission.         (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 real property located in whole or in part in the unincorporated area 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 real property located in whole or in part in the unincorporated area of the county;
        appointed by the county fiscal body.
    (d) AREA. When there are five (5) county representatives, they are 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 the county executive appoints the county agricultural extension educator under subsection (c)(4); or
        (2) the county agricultural extension educator if the county executive appoints the county surveyor under subsection (c)(4).
    (e) AREA. The appointing authority may appoint an alternate member to participate on a commission established under section 204 of this chapter in a hearing or decision if the regular member it has appointed is unavailable. An alternate member shall have all of the powers and duties of a regular member while participating on the commission.
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 a municipality is two (2), one (1) is a member of the municipal legislative body appointed by the legislative body and the other is a citizen member appointed by the municipal executive.
    (b) AREA. When the number of representatives for a municipality is three (3), one (1) is a member of the legislative body appointed by the legislative body and two (2) are citizen members appointed by the executive.
    (c) AREA. When the number of representatives for a municipality is four (4), one (1) is a member of the works board or the board of sanitary commissioners, appointed by the executive, one (1) is a member of the legislative body appointed by the legislative body, and two (2) are citizen members appointed by the executive.     (d) AREA. When the number of representatives for a municipality is five (5) or more, one (1) is a member of the works board or the board 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 alternate member to participate on the commission established under section 204 of this chapter in a hearing or decision if the regular member it has appointed is unavailable. An alternate member shall have all of the powers and duties of a regular member while participating on the commission.
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 more towns having a population of not more than two thousand one hundred (2,100) neither of which has a representative on the area plan commission under section 207(c)(7) of this chapter that are participating in an area planning department, there is established an advisory council on town affairs. Each participating legislative body of such a town shall select one (1) of its members as its representative on the advisory council. The advisory council shall meet as soon as possible after the establishment of the planning department. It shall meet in the town hall of the participating town having the largest population, on the call of the representative of that town, who shall act as chairman of the first meeting. Thereafter, the council shall elect its own chairman.
    (b) AREA. The advisory council shall at its first meeting select from its membership an appropriate number of voting representatives to the area plan commission. If the advisory council is composed of five (5) or less, it is entitled to one (1) voting representative on the area plan commission. If the advisory council is composed of more than five (5), it is entitled to two (2) voting representatives on the area plan commission.
    (c) AREA. The chairman and the representatives on the advisory council shall be elected for one (1) year terms, terminating at the end of the year.
    (d) AREA. If there are not any cities located within a county, then the town having the largest population and participating in the planning department in the county shall select a citizen member to serve on the area plan commission. The legislative body of that town shall appoint that member as prescribed by section 218(e) of this chapter.
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 the area planning law, the representation on any area plan commission may be changed by a similar ordinance adopted by the legislative body of each unit that is a participant in a planning department or by the legislative body of each unit that proposes to form a planning department.
    (b) AREA. Each ordinance adopted under this section must provide for at least one (1) representative from each unit that is a participant 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 legislative body and the secretary of the park board shall certify members appointed by their respective bodies, and the executive shall certify his appointments. The certificates shall be sent to and made a part of the 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 plan commission is located in a county that has a county plan commission:
        (1) a designated representative of the county plan commission shall serve as an advisory member of the municipal plan commission; and
        (2) a designated representative of the municipal plan commission shall serve as an advisory member of the county plan commission.
Each advisory member has all the privileges of membership, except the right to vote.
As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-214
Membership of commission; additional members required for unincorporated jurisdictional area
     Sec. 214. (a) ADVISORY. When a municipal plan commission exercises jurisdiction outside the incorporated area of the municipality as provided for in section 205 of the advisory planning law, the executive of the county in which the unincorporated area is located shall appoint two (2) additional citizen members to the municipal 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 term of four (4) years. Thereafter, each appointment is for a term of four

(4) years. The additional citizen members are entitled to participate and vote in all deliberations of the municipal plan commission.
    (c) ADVISORY. If the unincorporated area referred to in subsection (a) lies in two (2) counties, the executive of each of those counties shall appoint one (1) of the additional citizen members. The executive of the county having the larger proportion of the unincorporated area shall appoint its member first, and the executive of the other county shall then appoint its member, who must not be of 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 for unincorporated jurisdictional area
     Sec. 215. ADVISORY. In addition to the requirements of section 214 of this chapter, the executive of the county may also appoint as members of a town plan commission additional representatives from the unincorporated jurisdictional area, if the executive believes the additional representation is justifiable. The number of appointments shall be determined as follows:
        (1) Two (2) citizen members, if the population of the jurisdictional area appears to be at least fifty percent (50%) but not more than one hundred percent (100%) of the population of the town itself.
        (2) Four (4) citizen members, if the population of the jurisdictional area appears to be greater than that of the town itself.
These additional members must have the same qualifications and are entitled to the same terms and privileges as prescribed for the additional 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 the member's knowledge and experience in community affairs, the member's awareness of the social, economic, agricultural, and industrial problems of the area, and the member's interest in the development and integration of the area. A citizen member may not hold other elective or appointive office in municipal, county, or state government, except in the case of an area plan commission membership on the school board, the park board, or the board of directors for public utilities or board of trustees for utilities created under IC 8-1-11.1. A citizen member must be a resident of the jurisdictional 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 park board, or the advisory council on town affairs) is coextensive with the member's term of office on that body, board, or council, unless that body, board, or council appoints, at its first regular meeting in any 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 member expires, 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 metropolitan plan commission); or
        (3) for a term of one (1), two (2), or three (3) years, as designated by the appointing authority (in the case of the metropolitan development commission).
A member serves until his successor is appointed and qualified. A member is eligible for reappointment.
    (b) ADVISORY. Upon the establishment of a nine (9) member municipal plan commission, the citizen members shall initially be appointed 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 plan commission, two (2) citizen members shall initially be appointed for a term of three (3) years and two (2) shall initially be appointed for a term of four (4) years. Each member's term expires on the first Monday 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 plan commission, the citizen members shall initially be appointed 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.
Each member's 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) ADVISORY. Upon the establishment of a metropolitan plan commission, the citizen members shall initially be appointed for the following terms of office:
        (1) Three (3) for a term of one (1) year, one (1) appointed by the county legislative body and two (2) by the city executive.         (2) Two (2) for a term of two (2) years, one (1) by each appointing authority.
        (3) Two (2) for a term of three (3) years, one (1) by each appointing authority.
    (e) AREA. If there is one (1) citizen member on the area plan commission, 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) or more 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 of three (3) years, and any remainder for a term of four (4) years. Each member's 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.
    (f) ADVISORY.AREA. The appointing authority may remove a member from the plan commission 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. The court may, pending the outcome of the appeal, order the removal or stay the removal of the member.
    (g) METRO. The appointing authority may remove a citizen member from the metropolitan development commission. 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.
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 commission members who are appointed, then the appointing authority shall appoint a member for the unexpired term of the vacating member.
    (b) If a vacancy occurs in the office of the county surveyor, then the county engineer shall be a member of the plan commission during the time the office of the county surveyor is vacant.
    (c) An appointed member who misses three (3) consecutive regular meetings of the metropolitan development commission shall be treated as if the member had resigned, unless the appointing authority 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 or desirable for members or employees to join a professional organization or to attend a conference or interview dealing with planning or related problems, the commission may pay the applicable membership fees and all actual expenses of the members or employees, if that amount has been appropriated by the fiscal body of 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 fiscal bodies; mileage and compensation
     Sec. 222.5. Notwithstanding IC 36-2-7-2, a member of a county executive, a member of a county fiscal body, a county surveyor, or an appointee of a county surveyor who is also a member of a plan commission is entitled to receive the following:
        (1) A sum for mileage for each mile necessarily traveled while performing the duties of a plan commission member in an amount determined by the county fiscal body.
        (2) A sum for compensation for services as a member of the plan commission in an amount that the county fiscal body may determine 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 not include the preparation or adoption of a comprehensive plan.
    (b) A member of a plan commission or a legislative body may not participate as a member of the plan commission or legislative body in a hearing or decision of that commission or body concerning a zoning matter in which the member has a direct or indirect financial interest. The commission or body shall enter in its records the fact that its member has such a disqualification.
    (c) A member of a plan commission or a legislative body may not directly or personally represent another person in a hearing before that commission or body concerning a zoning matter.
    (d) A member of a plan commission may not receive any mileage or compensation under section 222.5 of this chapter for attendance at 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.COMMISSION ORGANIZATION.
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 entire membership of the plan commission, who are qualified by this chapter 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 commission is 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 commission is 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 are present 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 plan commission shall elect from its members a president and a vice president. The vice president may act as president of the plan commission 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 of a 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 shall provide suitable offices for the holding of advisory plan commission meetings and for preserving the plans, maps, accounts, and other documents of the commission.
    (b) AREA. After the establishment of the planning department, the county plan commission and participating municipal plan commissions shall transfer their property to the planning department.
    (c) AREA. Except as may be necessary for the exercise of the powers reserved to municipal boards of zoning appeals by the 900 series of this chapter, all ordinances, maps, reports, minute books, documents, and correspondence of any municipal or county plan commission or board of zoning appeals within the jurisdiction of a planning department shall be made available to or transferred to the plan commission on its written request. The plan commission shall procure suitable offices for the conduct of its work and the work of the 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 holding regular meetings each month or as necessary. The commission shall keep minutes of its meetings. The minutes of commission meetings and all records shall be filed in the office of the commission and are public 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 by the president or by two (2) members of the commission upon written request to the secretary. The secretary shall send to all members, at least three (3) days before the special meeting, a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if:
        (1) the date, time, and place of a special meeting are fixed in a regular meeting; and
        (2) all members of the commission are present at that regular meeting.
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 an ordinance establishing a municipal or county plan commission, the fiscal 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 is established, the commission shall use all amounts previously appropriated to, but unexpended by, the county plan commission and the second class city plan commission without any further appropriation or transfer. Then the county fiscal body shall appropriate all necessary amounts for the use of the commission, but the city legislative body may appropriate additional amounts for the use of the commission. These amounts shall be deposited with the county treasurer in a fund to be known as the metropolitan planning fund.
    (c) AREA. After the planning department is established, the county fiscal body shall appropriate and make available to the planning department an amount equal to three cents ($.03) per person per month for each person in the county's population. This amount is to finance the planning department's operation from its establishment until appropriations are available to it through regular county budget and appropriation procedures. The county fiscal body shall appropriate sufficient amounts to the planning department to insure the continued functioning of the planning department within the participating units. This appropriation shall be made in conformity with the fiscal body's policy regarding the operating budgets of the various 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 may expend, in accord with applicable municipal or county fiscal procedures, all amounts appropriated to it for the purposes and activities authorized by this chapter. In the case of a metropolitan plan commission, at the end of each fiscal year, any unexpended part of the metropolitan planning fund appropriated by the county reverts to the county general fund, and any unexpended part appropriated by the 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 plan commission or the metropolitan development commission) or a county (in the case of a county plan commission, a metropolitan plan commission, or an area plan commission) may accept gifts, donations, and grants from private or governmental sources for advisory plan commission purposes or planning department purposes, as the case may be.
    (b) Any money so accepted shall be deposited with the municipality or the county, as the case may be, in a special nonreverting plan commission fund to be available for expenditures by 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 vouchers signed 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 may appoint, prescribe the duties, and fix the compensation of such employees as are necessary for the discharge of the duties of the commission. This compensation must be in conformity with salaries and compensation fixed up to that time by the fiscal body of the municipality or county, as the case may be. The commission may contract for special or temporary services and any professional counsel.
    (b) AREA. The area plan commission shall appoint an executive director for the planning department and fix the director's compensation. To be qualified for the position, the executive director must have training and experience in the field of planning and zoning. The commission may not give any consideration to political affiliation 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 plan commission, the executive director shall:
        (1) propose annually a plan for the operation of the planning department;
        (2) administer the plan as approved by the commission;
        (3) supervise the general administration of the planning department;
        (4) keep the records of the planning department and be responsible for the custody and preservation of all papers and documents of the planning department;
        (5) subject to the approval of the commission, appoint and remove the employees of the planning department, according to the standards and qualifications fixed by the commission and without 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 DUTIES AND 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 the affairs of the commission (in the case of an advisory plan commission) or of the planning department (in the case of an area plan commission or a metropolitan development commission);
        (2) prescribe uniform rules pertaining to investigations and hearings;
        (3) keep a complete record of all the departmental proceedings;
        (4) record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the commission (in the ca