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Ind. Code § 36-7-4-1403

Requisites of zoning ordinance

Applied in 1 court decision — leading case Kroger Co. v. Plan Commission of Plainfield (2011)

Most recently applied in Kroger Co. v. Plan Commission of Plainfield (August 2011)

As added by P.L.320-1995, SEC.26.

Sec. 1403. (a) The development requirements that must be specified under section 1402(b)(1) of this chapter may include the following:

(1) Compatibility of the development with surrounding land uses.

(2) Availability and coordination of water, sanitary sewers, storm water drainage, and other utilities.

(3) Management of traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community.

(4) Building setback lines.

(5) Building coverage.

(6) Building separation.

(7) Vehicle and pedestrian circulation.

(8) Parking.

(9) Landscaping.

(10) Height, scale, materials, and style of improvements.

(11) Signage.

(12) Recreation space.

(13) Outdoor lighting.

(14) Other requirements considered appropriate by the legislative body.

(b) The development requirements specified under subsection (a)(3) concerning the management of traffic may ensure the following:

(1) That the design and location of proposed street and highway access points minimize safety hazards and congestion.

(2) That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development.

(3) That the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

(c) The plan documentation and supporting information that must be supplied under section 1402(b)(2) of this chapter may include the following:

(1) The location and character of the following:

(A) Existing and proposed primary structures and accessory structures.

(B) Utilities.

(C) Signage.

(D) Landscaping.

(2) The nature and intensity of uses in the development.

(3) The condition and size of public thoroughfares and parking, vehicle, and pedestrian facilities.

(4) The location and capacity of drainage facilities and sewer systems serving the development.

(5) Other information considered appropriate by the legislative body.

(d) In specifying development requirements or plan documentation and supporting information for development plan approval under section 1402(b)(1) through 1402(b)(2) of this chapter, the zoning ordinance may incorporate by reference provisions in the subdivision control ordinance.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.