Indiana § 36-7-4-1616 - Appeal of court's decision

§ 36-7-4-1616. Appeal of court's decision

Sec. 1616. The court's decision on a petition for review of a zoning decision is appealable in accordance with the rules governing civil appeals from the courts.

As added by P.L.126-2011, SEC.63.

IC 36-7-4.2Chapter 4.2. Permitted Uses; Indoor Shooting Ranges; Sporting Goods Stores

36-7-4.2-1Applicability of definitions 36-7-4.2-2Exclusions 36-7-4.2-3"Indoor shooting range" 36-7-4.2-4"Mixed use residential" 36-7-4.2-5"Permitted use" 36-7-4.2-6"Retail sporting goods store" 36-7-4.2-7"Will-serve letter" 36-7-4.2-8Permitted uses 36-7-4.2-9Retail sporting goods store a permitted use in commercial zoning district 36-7-4.2-10Indoor shooting range a permitted use in commercial, industrial, or agricultural zoning district 36-7-4.2-11Zoning ordinances adopted before July 1, 2026

IC 36-7-4.2-1Applicability of definitions Sec. 1. The definitions in IC 36-1-2 and IC 36-7-1 apply throughout this chapter.

As added by P.L.117-2026, SEC.3.

IC 36-7-4.2-2Exclusions Sec. 2. (a) This chapter does not apply to property within:

(1) a historic area or historic zoning district created under:

(A) IC 36-7-11;

(B) IC 36-7-11.1;

(C) IC 36-7-11.2; or

(D) IC 36-7-11.3;

(2) a flood plain (as defined in IC 14-8-2-99); or

(3) subject to subsection (b), an area zoned for commercial use that authorizes mixed use residential projects.

(b) Subsection (a)(3) does not include areas that contain a shooting range (as defined in IC 14-22-31.5-3) that:

(1) was lawfully established and in operation before July 1, 2026;

(2) was located on property zoned for commercial use on or before July 1, 2026; and

(3) seeks to develop an indoor shooting range after June 30, 2026, within the geographic boundaries of the shooting range as it existed on July 1, 2026.

As added by P.L.117-2026, SEC.3.

IC 36-7-4.2-3"Indoor shooting range" Sec. 3. As used in this chapter, "indoor shooting range" means a fully enclosed facility designed and operated for the discharge of firearms, equipped with a bullet resistant backstop, ventilation system, and sound attenuation measures to prevent the escape of projectiles, excessive noise, or airborne contaminants.

As added by P.L.117-2026, SEC.3.

IC 36-7-4.2-4"Mixed use residential" Sec. 4. As used in this chapter, "mixed use residential" means a development project that provides within a shared building or development area:

(1) residential uses, including multiple dwelling units; and

(2) nonresidential uses that:

(A) comprise less than fifty percent (50%) of the total square footage of the development; and

(B) are restricted to the first floor of any building consisting of at least two (2) stories.

As added by P.L.117-2026, SEC.3.

IC 36-7-4.2-5"Permitted use" Sec. 5. As used in this chapter, "permitted use" means a use that is approved by a unit in a zoning district without the requirement of:

(1) a public hearing;

(2) a variance, special exception, contingent use, or conditional use; or

(3) other discretionary zoning action, other than a determination that a site plan conforms with applicable zoning regulations.

As added by P.L.117-2026, SEC.3.

IC 36-7-4.2-6"Retail sporting goods store" Sec. 6. As used in this chapter, "retail sporting goods store" means a commercial retail store that is primarily engaged in retailing new sporting goods classified under the North American Industry Classification Code 451110 (sporting goods stores), including items such as:

(1) bicycles and bicycle parts;

(2) camping equipment;

(3) exercise and fitness equipment;

(4) athletic uniforms;

(5) specialty sports footwear;

(6) firearms; and

(7) other sporting goods, equipment, and accessories.

As added by P.L.117-2026, SEC.3.

IC 36-7-4.2-7"Will-serve letter" Sec. 7. As used in this chapter, "will-serve letter" means a written document:

(1) issued by a water and sewer service provider to an owner or developer of a project or dwelling; and

(2) that states the provider is able and willing to provide water and sewer service to the project or dwelling subject to the conditions, if any, set forth in the document.

As added by P.L.117-2026, SEC.3.

IC 36-7-4.2-8Permitted uses Sec. 8. (a) Notwithstanding IC 36-7-4 or any other law, the following are permitted uses:

(1) A retail sporting goods store within an area zoned for commercial use under section 9 of this chapter.

(2) An indoor shooting range within an area zoned for commercial, industrial, or agricultural use under section 10 of this chapter.

(b) Notwithstanding IC 36-7-4 or any other law, a unit may not adopt or enforce restrictions regarding indoor shooting ranges or retail sporting goods stores that violate this chapter.

As added by P.L.117-2026, SEC.3.

IC 36-7-4.2-9Retail sporting goods store a permitted use in commercial zoning district Sec. 9. (a) If a property is zoned for commercial use, a retail sporting goods store is a permitted use on each lot or parcel.

(b) A unit may require:

(1) a will-serve letter for a retail sporting goods store under subsection (a); and

(2) an application fee.

As added by P.L.117-2026, SEC.3.

IC 36-7-4.2-10Indoor shooting range a permitted use in commercial, industrial, or agricultural zoning district Sec. 10. (a) If a property is zoned for commercial, industrial, or agricultural use, an indoor shooting range is permitted on any lot or parcel if the following conditions are satisfied:

(1) The walls, ceilings, floors, and backstops must be constructed with materials capable of containing all projectiles fired within the facility.

(2) Reasonable effort is made in the design, construction, and maintenance of the indoor shooting range to limit noise that could significantly impact adjacent properties.

(b) A unit may require:

(1) a will-serve letter for an indoor shooting range under subsection (a); and

(2) an application fee.

(c) Nothing in this section shall be construed to limit the scope of federal and state law governing firearm safety, environmental controls, and occupational health.

As added by P.L.117-2026, SEC.3.

IC 36-7-4.2-11Zoning ordinances adopted before July 1, 2026 Sec. 11. A zoning ordinance adopted before July 1, 2026, is void to the extent the ordinance conflicts with this chapter. However, this chapter does not apply to or affect any application for a permit under IC 36-7-4 submitted to a unit before July 1, 2026.

As added by P.L.117-2026, SEC.3.

IC 36-7-4.3Chapter 4.3. Increasing Housing Development

36-7-4.3-1"Unit" 36-7-4.3-2"UDO" 36-7-4.3-3Public hearing and review 36-7-4.3-4Report to legislative services agency

IC 36-7-4.3-1"Unit" Sec. 1. As used in this chapter, "unit" means a county, city, or town.

As added by P.L.73-2026, SEC.25.

IC 36-7-4.3-2"UDO" Sec. 2. As used in this chapter, "UDO" means a unified development ordinance.

As added by P.L.73-2026, SEC.25.

IC 36-7-4.3-3Public hearing and review Sec. 3. Not later than January 1, 2027, a unit shall conduct a public hearing to review the UDO and any zoning regulations and land development rules, with the goal of increasing housing development by using the following factors:

(1) Providing for higher density development of duplexes, triplexes, and fourplexes in areas designated for single family homes.

(2) Constructing other housing types including accessory dwelling units and manufactured and modular housing.

(3) Adaptive reuse of commercial buildings for residential use such as allowing multifamily development in retail, office, and light manufacturing zones.

(4) Increasing the allowable floor area ratio in multifamily housing areas.

(5) Waiving or eliminating regulations such as requirements for:

(A) garage size and placement;

(B) steeper roof pitch;

(C) minimum lot size and square footage;

(D) greater setbacks;

(E) off-street parking;

(F) design standards that restrict or prohibit the use of code compliant products; or

(G) property height limitations.

(6) Reviewing impact fee zones with zone advisory committee for improvements.

(7) Streamlining or shortening the permitting processes and timelines, including through one stop and parallel process permitting by fifteen (15) days or more.

(8) Using property tax abatements to enable higher density and mixed income communities.

(9) Donating vacant land for affordable housing development.

As added by P.L.73-2026, SEC.25. Amended by P.L.152-2026, SEC.498.

IC 36-7-4.3-4Report to legislative services agency Sec. 4. Not later than January 1, 2027, the unit shall submit a report to the executive director of legislative services agency by electronic means under IC 5-14-6 that contains the following:

(1) If the unit:

(A) invested in a housing study in 2021, 2022, 2023, 2024, or 2025; or

(B) had a housing study performed by a region's local economic development organization;

a copy of the housing study.

(2) The minutes from the public hearing conducted under section 4 of this chapter.

(3) Any newly developed or amended UDO as a result of the review under section 3 of this chapter. The unit must provide a written description of the ways in which the UDO was changed to support increased housing development by using some or all of the factors set forth in section 3 of this chapter.

As added by P.L.73-2026, SEC.25.

IC 36-7-5Chapter 5. Repealed[Pre-Local Government Recodification Citations:

36-7-5-1formerly 18-7-4-406 part; 19-5-1-1 part; 18-7-4-94 part36-7-5-2formerly 18-7-4-406 part; 19-5-1-1 part; 18-7-4-94 part36-7-5-3formerly 18-4-20-1 part36-7-5-4formerly 18-4-20-1 part36-7-5-5formerly 18-4-20-336-7-5-6subsection (a) formerly 18-4-20-2; subsection (b) formerly 18-4-20-636-7-5-7formerly 18-4-20-536-7-5-8formerly 18-4-20-4 part36-7-5-9formerly 18-4-20-4 part36-7-5-10formerly 18-4-20-4 part36-7-5-11formerly 18-4-20-4 part36-7-5-12formerly 18-4-20-4 part.]Repealed by P.L.220-1986, SEC.32.

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

36-7-5.1-1"Commission" and "plan commission" defined 36-7-5.1-2"Joint district" defined 36-7-5.1-3Advisory planning law; application 36-7-5.1-4Municipal and county cooperative single and unified planning and zoning entities 36-7-5.1-5Municipal and county joint district planning and zoning commission 36-7-5.1-6Authority of commission 36-7-5.1-7Joint district council 36-7-5.1-8Comprehensive plan; joint district limits; new municipality within existing joint district 36-7-5.1-9Membership of commission 36-7-5.1-10Majority vote prerequisite to commission action 36-7-5.1-11Membership qualifications 36-7-5.1-12Term 36-7-5.1-13Office space 36-7-5.1-14Appropriations 36-7-5.1-15Acceptance of gifts, donations, and grants; deposit; use 36-7-5.1-16Employees; professional counsel; delegation of authority 36-7-5.1-17Duties of commission 36-7-5.1-18Lawsuits; process; costs 36-7-5.1-19Duties of commission under IC 36-7-4-405 36-7-5.1-20Continuation of preexisting zoning ordinances 36-7-5.1-21Conforming structure and location 36-7-5.1-22Improvement location permits 36-7-5.1-23Board of zoning appeals 36-7-5.1-24Membership of zoning appeals board 36-7-5.1-25Multiple office holding; residence requirement 36-7-5.1-26Variances

IC 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.

IC 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.

IC 36-7-5.1-3Advisory 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 IC 36-7-4.

As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-4Municipal and county cooperative single and unified planning and zoning entities Sec. 4. One (1) or more municipalities (meeting the population, proximity, and ordinance requirements under section 9 of this chapter) and one (1) or more counties may cooperatively establish single and unified planning and zoning entities as joint districts to carry 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 36-7-5.1-5Municipal and county joint district planning and zoning commission Sec. 5. (a) The legislative bodies of one (1) or more municipalities (meeting the population and proximity requirements under section 9 of this chapter) and one (1) or more counties may establish, by identical 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 three thousand (3,000) and less than fifteen thousand (15,000) may pass an ordinance 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 corporate boundaries.

(c) A municipality having a population of more than twenty-five thousand (25,000) and less than fifty thousand (50,000) may pass an ordinance 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 corporate boundaries.

(d) When the boundaries of a proposed joint district include real property lying within the corporate boundaries of a municipality, the municipality is subject to the jurisdiction of the joint district and the provisions of this chapter only if the municipality adopts an ordinance under subsection (a).

(e) After the boundaries and duration of a joint district have been established under subsection (a), the boundaries and the duration may not be changed.

As added by P.L.300-1989, SEC.2. Amended by P.L.11-2023, SEC.118.

IC 36-7-5.1-6Authority of commission Sec. 6. After a commission is established, it shall exclusively exercise all the planning, zoning, platting, and land use policy authority for real property in the joint district. The joint district commission has exclusive authority, subject to section 7 of this chapter, to adopt a zoning ordinance or a subdivision control ordinance, or both. Any planning, zoning, platting, or land use functions exercised by any other unit or entity in the joint district shall cease. Except as provided in section 7 of this chapter, an action of the commission is final and does not require a reference to or an approval by a county or municipal legislative body.

As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-7Joint district council Sec. 7. (a) A joint district council is established for each joint district 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 legislative body;

(4) the president of a city-county legislative body (consolidated city); and

(5) one (1) member of the county executive appointed by the county executive;

of each municipality and county that enacted an ordinance creating the joint district.

(c) Notwithstanding section 6 of this chapter, before an ordinance that is passed by a commission becomes effective, the joint district council must approve the ordinance. A joint district commission shall forward a copy of each ordinance that the commission passes within three (3) business days after passage to the secretary of the joint district council.

(d) A joint district council shall conduct a hearing on an ordinance and shall publish notice of the hearing in accordance with IC 5-3-1 specifying the time and location of the meeting. A joint district council may approve, amend, or reject an ordinance of the commission at the hearing. If a joint district council does not conduct a hearing on an ordinance within twenty (20) days of receipt of the ordinance, the ordinance is considered approved by the joint district council.

(e) The auditor of the county in which a majority of the territory in a joint district is located shall be the secretary of the joint district council.

(f) A quorum consists of a majority of the entire membership of the joint district council.

(g) Action of the joint district council is not official unless it is authorized at a regular or special meeting by a majority of the members who are present at the meeting.

(h) the presiding office of the joint district council is the member who is appointed by the executive of the county that enacts an ordinance creating a joint district. However, if more than one (1) county is in a joint district, then the joint district council member who is appointed by the executive of the county having the greatest amount of land in the joint district serves as the presiding officer.

(i) Either the presiding officer or a majority of the entire membership of the joint district council may call a regular or special meeting.

As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-8Comprehensive plan; joint district limits; new municipality within existing joint district Sec. 8. (a) A commission may adopt a comprehensive plan (as provided for under the 500 Series of the advisory planning law) for the development of the joint district. The comprehensive plan, if adopted, does not have extraterritorial effect outside the defined boundaries of the joint district. However, a comprehensive plan adopted by a commission supersedes an existing or conflicting comprehensive plan governing any of the joint district.

(b) Before exercising its rights, powers, and duties under this chapter or the advisory planning law with respect to an area designated as a joint district, a commission must file with the recorder of each county in which a part of the joint district is located a description or map defining the limits of the joint district. If the commission revises the limits, it shall file a revised description or map defining those revised limits with each recorder.

(c) Until the commission adopts a comprehensive plan, a comprehensive plan that was in effect before the formation of the joint district applies to that portion of the joint district controlled by that comprehensive plan.

(d) Whenever a new municipality is incorporated and its boundaries lie in whole or in part within a joint district, the commission continues to exercise territorial jurisdiction within the new municipality or that portion of the municipality within the joint district, until the effective date of a municipal ordinance:

(1) establishing an advisory plan commission under IC 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 of the municipality shall be exercised by the municipality under the advisory planning law or area planning law.

As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-9Membership of commission Sec. 9. The members of the commission shall be determined as follows:

(1) The legislative body of each county where any part of the joint district is located shall choose four (4) members.

(2) The legislative body of each municipality having a population of more than three thousand (3,000) and less than fifteen thousand (15,000), that passes an ordinance establishing a joint district and that is located within five (5) miles of the joint district shall choose three (3) members.

(3) The city plan commission (or similar body) of each municipality having a population of more than twenty-five thousand (25,000) and less than fifty thousand (50,000), that passes an ordinance establishing a joint district and that is located within ten (10) miles of the joint district shall choose two (2) members.

(4) The executive of each municipality meeting the population, proximity, and ordinance requirements of subdivision (3) shall choose one (1) member.

As added by P.L.300-1989, SEC.2. Amended by P.L.11-2023, SEC.119.

IC 36-7-5.1-10Majority 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.

IC 36-7-5.1-11Membership 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 on the qualifications described in subsection (a) must be filed within thirty (30) days after the appointment. The challenge may be filed in the circuit court, superior court, or probate court of any county that contains the entire joint district or any part of the joint district.

(c) Except as provided in subsection (d), a member must be a resident of a county where a part of the joint district is located or reside within ten (10) miles of the borders of the district.

(d) In a joint district that contains all or part of a county having a population of more than eighty-two thousand (82,000) and less than eighty-three thousand (83,000), two (2) of the members appointed by the legislative body of that county under section 9(1) of this chapter must, in addition to the requirements of subsections (a) and (b), be residents of any township that is entirely or 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; P.L.119-2012, SEC.197; P.L.84-2016, SEC.179; P.L.104-2022, SEC.178.

IC 36-7-5.1-12Term Sec. 12. Members of the commission are appointed for a three (3) year term.

As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-13Office 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.

IC 36-7-5.1-14Appropriations 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 P.L.300-1989, SEC.2.

IC 36-7-5.1-15Acceptance 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 shall prepare and adopt an annual budget and submit it to the joint district council for approval or revision. If the joint district council does not consider the budget within thirty (30) days after submission of the budget, the budget is considered approved by the joint district council. After approval of the budget, money may be expended only as budgeted, or as provided in this section for the use of unexpended or unencumbered funds.

(c) Any appropriated amounts remaining unexpended or unencumbered at the end of the fiscal year become part of a nonreverting cumulative joint district fund (or other suitable fund that the commission may establish) to be held in the name of the commission. The commission may authorize unbudgeted expenditures from this fund.

(d) A commission is responsible for the safekeeping and deposit of money it receives under this chapter. The state board of accounts shall prescribe the methods and forms for keeping the accounts, records, and books of the commission and shall periodically audit the commission.

(e) The secretary of the commission may receive, disburse, and handle money belonging to the commission, subject to applicable statutes and to any procedures that the commission may establish.

As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-16Employees; 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 or county that created the joint district.

(b) The commission may contract for special or temporary services of a professional counsel.

(c) The commission shall delegate authority to its employees to perform ministerial acts in all cases unless final action of the commission is necessary.

As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-17Duties 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.

IC 36-7-5.1-18Lawsuits; 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.

IC 36-7-5.1-19Duties 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.

IC 36-7-5.1-20Continuation 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.

IC 36-7-5.1-21Conforming 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.

IC 36-7-5.1-22Improvement 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.

IC 36-7-5.1-23Board 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 board of zoning appeals.

(d) Except as provided in this section, a joint district board of zoning appeals has the exclusive territorial jurisdiction over all real property in the joint district.

As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-24Membership 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 having the most acreage of real property in the joint district.

(3) One (1) citizen member appointed by the most populous municipality that passed an ordinance creating the joint district.

(4) One (1) citizen member appointed by the second most populous municipality that passed an ordinance creating the district.

As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-25Multiple 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 the joint district is located or reside within ten (10) miles of the borders of the joint district.

As added by P.L.300-1989, SEC.2.

IC 36-7-5.1-26Variances 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.

IC 36-7-5.2Chapter 5.2. Regulation of Amateur Radio Antennas

36-7-5.2-1Limited federal preemption 36-7-5.2-2Municipal or county ordinance 36-7-5.2-3Historic district

IC 36-7-5.2-1Limited federal preemption Sec. 1. A municipality or county may not enact or enforce an ordinance, a resolution, or an order that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2d 952 (1985)" or a regulation related to the amateur radio service adopted under 47 CFR Part 97.

As added by P.L.109-2003, SEC.1.

IC 36-7-5.2-2Municipal or county ordinance Sec. 2. If a municipality or county adopts an ordinance, a resolution, or an order involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance, resolution, or order must:

(1) reasonably accommodate amateur radio communications; and

(2) represent the minimal regulation practicable to accomplish the municipality's or county's legitimate purpose.

As added by P.L.109-2003, SEC.1.

IC 36-7-5.2-3Historic district Sec. 3. This chapter does not prohibit a municipality or county from taking action to protect or preserve a historic, a historical, or an architectural district that is established by the municipality or county or under state or federal law.

As added by P.L.109-2003, SEC.1.

IC 36-7-6Chapter 6. Repealed[Pre-Local Government Recodification Citations:

36-7-6-1formerly 18-7-19-4 part; 18-7-23-1 part36-7-6-2subsection (a) formerly 18-7-23-1 part; subsection (b) formerly 18-7-19-4(b)36-7-6-3subsection (a) formerly 18-7-23-2; subsection (b) formerly 18-7-19-136-7-6-4subsection (a) New; subsection (b) formerly 18-7-19-4(a)36-7-6-5formerly 18-7-19-2 part; 18-7-23-3; 18-7-23-4 part36-7-6-6formerly 18-7-19-2 part; 18-7-23-4 part36-7-6-7formerly 18-7-19-3 part; 18-7-23-636-7-6-8formerly 18-7-19-3 part; 18-7-23-7 part36-7-6-9subsection (a) formerly 18-7-23-7 part; 18-7-23-11; subsection (b) formerly 18-7-19-3 part; 18-7-19-5(d)36-7-6-10subsection (a) formerly 18-7-23-9; subsection (b) formerly 18-7-19-5(b)36-7-6-11formerly 18-7-19-5(a); 18-7-23-836-7-6-12formerly 18-7-19-5(e); 18-7-23-1236-7-6-13formerly 18-7-19-5(c); 18-7-23-1036-7-6-14formerly 18-7-19-5(g); 18-7-23-1436-7-6-15formerly 18-7-19-5(i); 18-7-23-1636-7-6-16formerly 18-7-19-5(h); 18-7-23-1536-7-6-17formerly 18-7-19-5(j); 18-7-19-8; 18-7-23-1736-7-6-18formerly 18-7-19-5(f); 18-7-23-1336-7-6-19subsection (a) formerly 18-7-23-20; subsection (b) formerly 18-7-23-1836-7-6-20formerly 18-7-19-736-7-6-21formerly 18-7-19-6; 18-7-23-1936-7-6-22formerly 18-7-19-2 part; 18-7-23-536-7-6-23formerly 4-26-3-27 part36-7-6-24formerly 18-7-23-21.]Repealed by P.L.1-1995, SEC.91.

IC 36-7-6.1Chapter 6.1. RepealedRepealed by P.L.1-1995, SEC.91.

IC 36-7-6.2Chapter 6.2. RepealedRepealed by P.L.1-1995, SEC.91.

IC 36-7-7Chapter 7. Regional Planning Commissions

36-7-7-1Application of chapter 36-7-7-2Establishment; inapplicability of certain tax 36-7-7-3Counties transferring membership between commissions or joining existing commissions; procedure 36-7-7-4Members; appointment; compensation; certification; vacancies 36-7-7-4.1Repealed 36-7-7-5Officers; meetings; notice; rules; record of proceedings; quorum 36-7-7-6Executive board 36-7-7-7Powers and duties 36-7-7-8Agreements with other states 36-7-7-9Objections to program; petition 36-7-7-10Subregional committees 36-7-7-11Executive director; powers and duties 36-7-7-12Annual appropriation budget; tax levy; use of funds 36-7-7-13Economic development districts; definition; payments by counties; use of funds