Indiana Code

Ind. Code § 36-7-4-201 (2025)

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

✓ 2025 Indiana Code: the 2026 session is not included
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     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
Cited in 10 cases (1 in the last 5 years), 1982–2021 · leading case: Dvorak v. City of Bloomington, 796 N.E.2d 236 (Ind. 2003).
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…”
Borsuk v. Town of St. John, 820 N.E.2d 118 (Ind. 2005). · cites it 2× “Ind.Code Ann. §§ 36-7-4-201, 202 (West Supp.”
City of North Vernon v. Jennings Nw. Reg'l Utils., 829 N.E.2d 1 (Ind. 2005). “§ 36-7-4-201. In meeting these goals, municipalities prepare and adopt comprehensive plans to serve as a guide for long-term growth and development.”
City of Hobart Common Council v. Behavioral Inst. of Indiana, LLC, 785 N.E.2d 238 (Ind. Ct. App. 2003). “Ind.Code 36-7-4-201(a) (1998). In Lake and St.”
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.”
Irving Materials, Inc. v. Bd. of Commissioners of Johnson Cnty., 683 N.E.2d 260 (Ind. Ct. App. 1997). · cites it 2× “Ind.Code § 36-7-4-201. A comprehensive plan may include maps, plats, charts and descriptive material presenting basic information, locations, extent and character of flood control and irrigation.”
Lightpoint Impressions, LLC v. Metro. Dev. Comm'n, 941 N.E.2d 1055 (Ind. Ct. App. 2010). · cites it 4× “Pursuant to Indiana Code section 36-7-4-201(d) (2007), ' [expanding urbanization in each county having a consolidated city [e.”
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…”
City of Hobart Common Council v. Behavioral Inst. of Indiana, LLC, 785 N.E.2d 238 (Ind. Ct. App. 2003). “Ind.Code 36-7-4-201(a) (1998). In Lake and St.”
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
Lightpoint Impressions, LLC v. Metro. Dev. Comm'n, 941 N.E.2d 1055 (Ind. Ct. App. 2010). “Pursuant to Indiana Code section 36-7-4-201(d) (2007), ' [expanding urbanization in each county having a consolidated city [e.”
Ind. Code § 36-7-4-201(e): 1 case
Lightpoint Impressions, LLC v. Metro. Dev. Comm'n, 941 N.E.2d 1055 (Ind. Ct. App. 2010). “Pursuant to Indiana Code section 36-7-4-201(d) (2007), ' [expanding urbanization in each county having a consolidated city [e.”
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