Sec. 601. (a) The legislative body having jurisdiction
over the geographic area described in the zoning ordinance has
exclusive authority to adopt a zoning ordinance under the 600 series.
However, no zoning ordinance may be adopted until a comprehensive
plan has been approved for the jurisdiction under the 500 series of this
chapter.
(b) When it adopts a zoning ordinance, the legislative body shall:
(1) designate the geographic area over which the plan commission
shall exercise jurisdiction; and
(2) incorporate by reference into the ordinance zone maps, as
prepared by the plan commission under subsection (e).
(c) When it adopts a zoning ordinance, the legislative body shall act
for the purposes of:
(1) securing adequate light, air, convenience of access, and safety
from fire, flood, and other danger;
(2) lessening or avoiding congestion in public ways;
(3) promoting the public health, safety, comfort, morals,
convenience, and general welfare; and
(4) otherwise accomplishing the purposes of this chapter.
(d) For the purposes described in subsection (c), the legislative body
may do the following in the zoning ordinance:
(1) Establish one (1) or more districts, which may be for
agricultural, commercial, industrial, residential, special, or
unrestricted uses and any subdivision or combination of these
uses. A district may include geographic areas that are not
contiguous. A geographic area may be subject to more than one
(1) district.
(2) In each district, regulate how real property is developed,
maintained, and used. This regulation may include:
(A) requirements for the area of front, rear, and side yards,
courts, other open spaces, and total lot area;
(B) requirements for site conditions, signs, and nonstructural
improvements, such as parking lots, ponds, fills, landscaping,
and utilities;
(C) provisions for the treatment of uses, structures, or
conditions that are in existence when the zoning ordinance
takes effect;
(D) restrictions on development in areas prone to flooding;
(E) requirements to protect the historic and architectural
heritage of the community;
(F) requirements for structures, such as location, height, area,
bulk, and floor space;
(G) restrictions on the kind and intensity of uses;
(H) performance standards for the emission of noises, gases,
heat, vibration, or particulate matter into the air or ground or
across lot lines;
(I) standards for population density and traffic circulation; and
(J) any other provisions that are necessary to implement the
purposes of the zoning ordinance.
(3) Designate zoning districts in areas having special
development problems or needs for compatibility in which a plan
commission shall:
(A) approve or disapprove development plans under the 1400
series of this chapter; and
(B) ensure that a development plan approved under this
subdivision is consistent with the comprehensive plan and the
development requirements specified in the zoning ordinance.
(4) Provide for planned unit development through adoption and
amendment of zoning ordinances, including PUD district
ordinances (as defined in section 1503 of this chapter).
(5) Establish in which districts the subdivision of land may occur.
(e) When it prepares a proposal to initially adopt a zoning ordinance
for a jurisdiction, the plan commission shall also prepare zone maps.
The purpose of the zone maps is to indicate the districts into which the
incorporated areas and unincorporated areas, if any, are divided.
[Pre-Local Government Recodification Citations: 18-7-2-38;
18-7-2-41 part; 18-7-4-601; 18-7-4-46; 18-7-5-58 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1982, P.L.212, SEC.2; P.L.355-1983, SEC.1; P.L.335-1985, SEC.15;
P.L.220-1986, SEC.15; P.L.320-1995, SEC.6.
Notes of Decisions
Bellows v. Bd. of Com'rs of Cty. of Elkhart, 926 N.E.2d 96 (Ind. Ct. App. 2010).
· cites it 4× “The Board decision will not secure adequate safety from fire and other danger in violation of the Elkhart County Zoning Ordinance and Ind. Code § 36-7-4-601 ; b. The Board decision will not promote the public health, safety, comfort, morals, convenience, and general welfare in…”
Dvorak v. City of Bloomington, 796 N.E.2d 236 (Ind. 2003).
· cites it 4× “§ 36-7-4-601(0)@8). The enactment of zoning ordinances that make distinctions based on familial relations of the users of residential real estate is an integral component of implementing these legislative objectives.”
Triple G Landfills, Inc. v. Bd. of Commissioners, 774 F. Supp. 528 (S.D. Ind. 1991).
· cites it 12× “Code § 36-1-3-8(7); that it is a “zoning” ordinance adopted in the absence of the preexisting comprehensive county zoning plan required by state law at Ind.Code § 36-7-4-601(a); that because it effectively excludes all landfill development from Fountain County and because it…”
Bryant v. Cnty. Council of Lake Cnty., 720 N.E.2d 1 (Ind. Ct. App. 1999).
· cites it 3× “CODE § 36-7-4-601(c)(3). [2] The minutes of the meeting read "to include an 8% tipping fee" rather than an 8¢ tipping fee.”
City of Carmel v. Martin Marietta Materials, Inc., 883 N.E.2d 781 (Ind. 2008).
· cites it 2× “City zoning ordinances (and amendments to them) adopted under article 7 are subject to special procedures set forth in I.C. § 36-7-4-601 to 616 (2004 & Supp.2007) (“600 Series Procedures”).”
Bd. of Commissioners v. Three I Props., 787 N.E.2d 967 (Ind. Ct. App. 2003).
· cites it 2× “I.C. § 36-7-4-601. In the instant case, when the Board considered Appellees-Plaintiffs'® two rezoning petitions at the December 17, 2001 meeting, the individual commissioners asked questions about the UDC, traffic concerns, Appellees-Plaintiffs plans to widen a stretch of…”
Brown v. Lowell Min. Co., Inc., 636 N.E.2d 154 (Ind. Ct. App. 1994).
· cites it 5× “CODE § 36-7-4-601(c)(3) (allowing legislative bodies to create ordinances to “promot[e] the public health, safety, comfort, morals, convenience, and general welfare”).”
Irving Materials, Inc. v. Bd. of Commissioners of Johnson Cnty., 683 N.E.2d 260 (Ind. Ct. App. 1997).
· cites it 4× “Ind.Code § 36-7-4-601(c)(l). The legislative body may regulate how real property is developed, maintained and used, and that regulation may include restrictions on development in areas prone to flooding.”
— Ind. Code § 36-7-4-601(0) — 1 case
Dvorak v. City of Bloomington, 796 N.E.2d 236 (Ind. 2003).
“§ 36-7-4-601(0)@8). The enactment of zoning ordinances that make distinctions based on familial relations of the users of residential real estate is an integral component of implementing these legislative objectives.”
— Ind. Code § 36-7-4-601(2) — 1 case
— Ind. Code § 36-7-4-601(a) — 7 cases
Triple G Landfills, Inc. v. Bd. of Commissioners, 774 F. Supp. 528 (S.D. Ind. 1991).
“Code § 36-1-3-8(7); that it is a “zoning” ordinance adopted in the absence of the preexisting comprehensive county zoning plan required by state law at Ind.Code § 36-7-4-601(a); that because it effectively excludes all landfill development from Fountain County and because it…”
— Ind. Code § 36-7-4-601(c)(3) — 4 cases
Bryant v. Cnty. Council of Lake Cnty., 720 N.E.2d 1 (Ind. Ct. App. 1999).
“CODE § 36-7-4-601(c)(3). [2] The minutes of the meeting read "to include an 8% tipping fee" rather than an 8¢ tipping fee.”
Triple G Landfills, Inc. v. Bd. of Commissioners, 774 F. Supp. 528 (S.D. Ind. 1991).
“Code § 36-1-3-8(7); that it is a “zoning” ordinance adopted in the absence of the preexisting comprehensive county zoning plan required by state law at Ind.Code § 36-7-4-601(a); that because it effectively excludes all landfill development from Fountain County and because it…”
Brown v. Lowell Min. Co., Inc., 636 N.E.2d 154 (Ind. Ct. App. 1994).
“CODE § 36-7-4-601(c)(3) (allowing legislative bodies to create ordinances to “promot[e] the public health, safety, comfort, morals, convenience, and general welfare”).”
— Ind. Code § 36-7-4-601(c)(8) — 1 case
Dvorak v. City of Bloomington, 796 N.E.2d 236 (Ind. 2003).
“§ 36-7-4-601(0)@8). The enactment of zoning ordinances that make distinctions based on familial relations of the users of residential real estate is an integral component of implementing these legislative objectives.”
— Ind. Code § 36-7-4-601(c)(l) — 1 case
— Ind. Code § 36-7-4-601(d) — 3 cases
Dvorak v. City of Bloomington, 796 N.E.2d 236 (Ind. 2003).
“§ 36-7-4-601(0)@8). The enactment of zoning ordinances that make distinctions based on familial relations of the users of residential real estate is an integral component of implementing these legislative objectives.”
Brown v. Lowell Min. Co., Inc., 636 N.E.2d 154 (Ind. Ct. App. 1994).
“CODE § 36-7-4-601(c)(3) (allowing legislative bodies to create ordinances to “promot[e] the public health, safety, comfort, morals, convenience, and general welfare”).”
— Ind. Code § 36-7-4-601(d)(1) — 3 cases
Triple G Landfills, Inc. v. Bd. of Commissioners, 774 F. Supp. 528 (S.D. Ind. 1991).
“Code § 36-1-3-8(7); that it is a “zoning” ordinance adopted in the absence of the preexisting comprehensive county zoning plan required by state law at Ind.Code § 36-7-4-601(a); that because it effectively excludes all landfill development from Fountain County and because it…”
Brown v. Lowell Min. Co., Inc., 636 N.E.2d 154 (Ind. Ct. App. 1994).
“CODE § 36-7-4-601(c)(3) (allowing legislative bodies to create ordinances to “promot[e] the public health, safety, comfort, morals, convenience, and general welfare”).”
— Ind. Code § 36-7-4-601(d)(2) — 3 cases
Brown v. Lowell Min. Co., Inc., 636 N.E.2d 154 (Ind. Ct. App. 1994).
“CODE § 36-7-4-601(c)(3) (allowing legislative bodies to create ordinances to “promot[e] the public health, safety, comfort, morals, convenience, and general welfare”).”
— Ind. Code § 36-7-4-601(d)(2)(D) — 1 case
— Ind. Code § 36-7-4-601(d)(l) — 3 cases
Brown v. Lowell Min. Co., Inc., 636 N.E.2d 154 (Ind. Ct. App. 1994).
“CODE § 36-7-4-601(c)(3) (allowing legislative bodies to create ordinances to “promot[e] the public health, safety, comfort, morals, convenience, and general welfare”).”
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