36-7-5.1-1. “Commission” and “Plan Commission” Defined
Sec. 1. As used in this chapter, “commission” or “plan commission” refers to a joint district planning and zoning commission established under this chapter. As added by P.L.300-1989, SEC.2.
36-7-5.1-10. Majority Vote Prerequisite to Commission Action
Sec. 10. Commission action may be taken only upon the vote of a majority of its members. As added by P.L.300-1989, SEC.2.
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 joint district; (2) awareness of the social, economic, agricultural, and industrial 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 […]
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.
36-7-5.1-13. Office Space
Sec. 13. One (1) of the counties or municipalities that adopted an ordinance creating the joint district shall provide suitable offices for the 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.
36-7-5.1-14. Appropriations
Sec. 14. After one (1) or more municipalities and one (1) or more counties cooperatively establish a joint district, the units creating the joint district may make an appropriation to carry out the duties of the commission. The units may apportion appropriations for the commission in any manner the units determine appropriate. As added by […]
36-7-5.1-15. Acceptance of Gifts, Donations, and Grants; Deposit; Use
Sec. 15. (a) A commission may accept gifts, donations, and grants from private or governmental services for commission purposes. The commission shall deposit money that it receives under this section in a joint district fund (or other suitable fund). The commission shall keep these funds available for expenditures for the purpose designated. (b) The commission […]
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 of employees necessary for the discharge of the duties of the commission. The compensation must be in conformity with salaries and compensation fixed up to that time for similar work by the fiscal body of a municipality […]
36-7-5.1-17. Duties of Commission
Sec. 17. The commission has the duties listed in IC 36-7-4-401 to the extent those duties are consistent with this chapter. As added by P.L.300-1989, SEC.2.
36-7-5.1-18. Lawsuits; Process; Costs
Sec. 18. A commission may sue and be sued, with service of process upon the president of the commission. No costs may be taxed against the commission or any commission members in an action. As added by P.L.300-1989, SEC.2.
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 the extent those duties are consistent with this chapter. As added by P.L.300-1989, SEC.2.
36-7-5.1-2. “Joint District” Defined
Sec. 2. As used in this chapter, “joint district” means an area of real property (whether or not the property is located within the boundaries of one (1) or more municipalities, counties, or other political subdivisions) that is established as a joint district under this chapter. As added by P.L.300-1989, SEC.2.
36-7-5.1-20. Continuation of Preexisting Zoning Ordinances
Sec. 20. Until the commission adopts a zoning ordinance in the manner provided for under the 600 series of the advisory planning law, the zoning ordinance, if any, that is then in effect for the portion of the joint district controlled by that zoning ordinance shall continue in effect. As added by P.L.300-1989, SEC.2.
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 or unplatted land may not be issued; unless the structure and location conform to the joint district zoning ordinance. As added by P.L.300-1989, SEC.2.
36-7-5.1-22. Improvement Location Permits
Sec. 22. The joint district zoning ordinance may designate an official or employee of the commission to issue improvement location permits within the jurisdiction of the commission and in conformance with the joint district zoning ordinance. As added by P.L.300-1989, SEC.2.
36-7-5.1-23. Board of Zoning Appeals
Sec. 23. (a) Notwithstanding IC 36-7-4-901, the commission shall establish 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 section 24 of this chapter. (c) The board of zoning appeals shall be known as the joint district […]
36-7-5.1-24. Membership of Zoning Appeals Board
Sec. 24. Notwithstanding IC 36-7-4-902, the division of the joint district board of zoning appeals consists of five (5) members as follows: (1) One (1) citizen member appointed by the commission who may or may not be a member of the commission. (2) Two (2) citizen members appointed by the legislative body of the county […]
36-7-5.1-25. Multiple Office Holding; Residence Requirement
Sec. 25. (a) A member of the joint district board of zoning appeals may 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 be a resident of a county where a part of […]
36-7-5.1-26. Variances
Sec. 26. Notwithstanding IC 36-7-4-918.4, the joint district board of zoning appeals may not grant a variance of use from the terms of the applicable zoning ordinance. As added by P.L.300-1989, SEC.2.
36-7-5.1-3. Advisory Planning Law; Application
Sec. 3. The advisory planning law portions of IC 36-7-4 apply to a commission and a joint district insofar as the advisory planning law portions of IC 36-7-4 are not inconsistent with this chapter, even if the county in which a joint district is located has adopted any part of the area planning law under […]