Indiana Code

Ind. Code § 36-7-1-22 (2026)

"Zoning ordinance"

✓ current as of May 2026
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     Sec. 22. "Zoning ordinance" refers to an ordinance adopted under the 600 series of IC 36-7-4 or under prior law. The term includes:

(1) PUD district ordinances (as defined in IC 36-7-4-1503); and

(2) all zone maps incorporated by reference into the ordinance as provided in the 600 series of IC 36-7-4.

As added by P.L.335-1985, SEC.2. Amended by P.L.220-1986, SEC.2; P.L.320-1995, SEC.3.

 

IC 36-7-2Chapter 2. General Powers Concerning Planning and Development

 

           36-7-2-1Planning and zoning powers of reorganized units
           36-7-2-2Planning and regulation of real property; access to solar energy
           36-7-2-3Inspection of structures or improvements
           36-7-2-4Regulation of alteration and construction of structures and improvements; bonds
           36-7-2-5Repair, alteration, or destruction of structures and improvements
           36-7-2-5.5Removal or alteration of a sign as a condition of issuing a permit, license, or variance
           36-7-2-6Regulation of movement or removal of earth below ground level
           36-7-2-7Promotion of economic development and tourism
           36-7-2-8Solar energy systems; ordinances; reasonable restrictions
           36-7-2-9Compliance with code of building laws and orders
           36-7-2-9.1Building permit
           36-7-2-9.1Private providers of plan reviews and inspections
           36-7-2-9.5Building code violation; identification of violation; citation to law, order, or interpretation violated
           36-7-2-10Ordinance making forestry operation a nuisance or abating operation void; exceptions to valid ordinance
           36-7-2-11Land use ordinances, general or specific planning ordinances, or land use petitions adopted after December 31, 2016; void if in violation of law prohibiting regulations having effect of controlling rent or purchase price or of requiring property to be designated for lease or sale based on income or assets
           36-7-2-12Regulations regulating size or age of mobile home, manufactured home, or industrialized residential structure prohibited
           36-7-2-13Adoption or enforcement of an ordinance or regulation; chapter house
           36-7-2-14Adoption or enforcement of an ordinance or resolution; slope

 

Notes of Decisions
Cited in 6 cases, 1989–2008 · leading case: City of Carmel v. Martin Marietta Materials, Inc., 883 N.E.2d 781 (Ind. 2008).
City of Carmel v. Martin Marietta Materials, Inc., 883 N.E.2d 781 (Ind. 2008). · cites it 2× “See I.C. § 36-7-1-22. While a zoning ordinance amendment is ultimately passed by a city’s Common Council, subject to mayoral review, the 600 Series Procedures dictate that the city’s plan commission 5 must first review and make a recommendation with respect thereto.”
Pro-Eco, Inc. v. Bd. of Commissioners of Jay Cnty., Indiana, 956 F.2d 635 (7th Cir. 1992). “Stated another way, the Board claims that the terms “zoning” and “regulating” have different meanings under Indiana law.”
Sisters of St. Francis Health Servs., Inc. v. Morgan Cnty., 397 F. Supp. 2d 1032 (S.D. Ind. 2005). · cites it 2× “” Ind.Code Ann. § 36-7-1-22 (West Supp.1991).”
Ayers v. Porter Cnty. Plan Comm'n, 544 N.E.2d 213 (Ind. Ct. App. 1989). “§ 36-7-1-22) may not exclude a residential facility for the developmentally disabled from a residential area solely because the residential facility is a business or because the persons residing in the residence facility are not related. The residential facility may be required…”
City of Carmel v. Martin Marietta Materials, Inc., 849 N.E.2d 1197 (Ind. Ct. App. 2006). · cites it 2× “Indiana Code section 36-7-1-22 defines a zoning ordinance as “an ordinance adopted under the 600 series of [Indiana Code] 36-7-4 or under prior law.”
Sagamore Park v. City of Indianapolis, 885 F. Supp. 1146 (S.D. Ind. 1994). “” Ind.Code 36-7-1-22. In determining whether an ordinance constitutes an act of zoning, it is important to focus upon the practical effect of the ordinance.”
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