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.
[Pre-Local Government Recodification Citations: 18-7-2-1;
18-7-3-1 part; 18-7-3-7 part; 18-7-4-201; 18-7-4-1; 18-7-5-1
part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.310, SEC.5; P.L.192-1984, SEC.3; P.L.82-2005, SEC.7;
P.L.145-2015, SEC.7; P.L.161-2021, SEC.2.
Notes of Decisions
Dvorak v. City of Bloomington, 796 N.E.2d 236 (Ind. 2003).
· cites it 4× “" Ind.Code § 36-7-4-201(a). The relevant objectives of the statute are stated in subsection (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…”
City of Carmel v. Martin Marietta Materials, Inc., 849 N.E.2d 1197 (Ind. Ct. App. 2006).
· cites it 4× “denied, (internal quotation and citation omitted); Ind.Code § 36-7-4-201 (describing the purpose of the chapter as encouraging improvements for the health, safety, convenience, and welfare of citizens); Ind.”
Sagamore Park v. City of Indianapolis, 885 F. Supp. 1146 (S.D. Ind. 1994).
· cites it 2× “(quoting Ind.Code § 36-7-4-201). Unfortunately for Defendants, their prior zoning decisions indicate that a satellite facility is permissible as a similar and comparable use.”
Ailes v. Decatur Cnty. Area Plan. Comm'n, 437 N.E.2d 1375 (Ind. Ct. App. 1982).
“178 § 164 and substantially reenacted at Ind.Code 36-7-4-201. To accomplish these objectives, a zoning regulation may control the use of land and structures in a particular locality, but it must be within the limitations imposed by statutory and constitutional provisions, and it…”
Joseph Chapo v. Jefferson Cnty. Plan Comm'n, 164 N.E.3d 131 (Ind. Ct. App. 2021).
“Code § 36-7-4-201 . Therefore, members of the JCPC are officers under the statute—and required to take the oath—because they hold positions of authority and exercise governmental powers to benefit the public.”
Ind. Code § 36-7-4-201(a): 2 cases
Dvorak v. City of Bloomington, 796 N.E.2d 236 (Ind. 2003).
“" Ind.Code § 36-7-4-201(a). The relevant objectives of the statute are stated in subsection (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…”
Ind. Code § 36-7-4-201(b): 1 case
Dvorak v. City of Bloomington, 796 N.E.2d 236 (Ind. 2003).
“" Ind.Code § 36-7-4-201(a). The relevant objectives of the statute are stated in subsection (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…”
Ind. Code § 36-7-4-201(b)(4): 1 case
Dvorak v. City of Bloomington, 796 N.E.2d 236 (Ind. 2003).
“" Ind.Code § 36-7-4-201(a). The relevant objectives of the statute are stated in subsection (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…”
Ind. Code § 36-7-4-201(d): 1 case
Ind. Code § 36-7-4-201(e): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.