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Ind. Code § 36-7-4-201

Manner of exercising planning and zoning powers; purpose; countywide planning and zoning entities; county containing consolidated city

Applied in 7 court decisions — leading case City of North Vernon v. Jennings Northwest Regional Utilities (2005)

Most recently applied in Lightpoint Impressions, LLC v. Metropolitan Development Commission (December 2010)

As added by Acts 1981, P.L.309, SEC.23

How often courts cite this section

19942000201020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 201. (a) For purposes of IC 36-1-3-6, a unit wanting to exercise planning and zoning powers in Indiana, including the issuance of permits under IC 8-1-32.3 (except as otherwise provided in IC 8-1-32.3), 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. However, in an excluded city (as described in IC 36-3-1-7):

(1) the legislative body of the excluded city; and

(2) the board of zoning appeals of the excluded city, if the excluded city has a board of zoning appeals;

have exclusive territorial jurisdiction within the boundaries of the excluded city. Unless expressly provided otherwise, any reference in this chapter to the legislative body with regard to an excluded city is a reference to the legislative body of the excluded city, and any reference in this chapter to the board of zoning appeals with regard to an excluded city is a reference to the board of zoning appeals of the excluded city, if the excluded city has a board of zoning appeals.

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