Indiana Code
Ind. Code § 36-7-4-919 (2025)
Board of zoning appeals; appeal to board; grounds; record; decision
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 919. (a) An appeal filed with the board of zoning appeals must specify the grounds of the appeal and must be filed within such time and in such form as may be prescribed by the board of zoning appeals by rule.
(b) The administrative official, hearing officer, administrative board, or other body from whom the appeal is taken shall, on the request of the board of zoning appeals, transmit to it all documents, plans, and papers constituting the record of the action from which an appeal was taken.
(c) Certified copies of the documents, plans, and papers constituting the record may be transmitted for purposes of subsection (b).
(d) Upon appeal, the board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from. For this purpose, the board has all the powers of the official, officer, board, or body from which the appeal is taken.
(e) The board shall make a decision on any matter that it is required to hear under the 900 series either:
(1) at the meeting at which that matter is first presented; or
(2) at the conclusion of the hearing on that matter, if it is continued.
(f) Within five (5) days after making any decision under the 900 series, the board of zoning appeals shall file in the office of the board a copy of its decision.
[Pre-Local Government Recodification Citations: 18-7-2-70 part; 18-7-4-919; 18-7-4-79; 18-7-5-83.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.49; P.L.357-1983, SEC.16.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1983–2025 · leading case: Ripley Cnty. Bd. of Zoning Appeals v. Rumpke of Indiana, Inc., 663 N.E.2d 198 (Ind. Ct. App. 1996).
Ripley Cnty. Bd. of Zoning Appeals v. Rumpke of Indiana, Inc., 663 N.E.2d 198 (Ind. Ct. App. 1996). “CODE § 36-7-4-919 by failing to rule on Rumpke's application during the January 25, 1994, hearing, by deliberating the application privately in violation of the Open Door Law, 3 by considering improper matters and evidence other than that presented at the public hearing, by…”
Barnette v. US Architects, LLP, 15 N.E.3d 1 (Ind. Ct. App. 2014). “” Ind.Code § 36-7-4-919(a). Section 30.01 of the Ordinance provides that appeals shall be filed within thirty days of the action being appealed.”
City of New Haven v. Chem. Waste Mgmt. of Indiana, L.L.C., 701 N.E.2d 912 (Ind. Ct. App. 1998). “Furthermore, Ind. Code § 36-7-4-919 (d) provides: “Upon appeal, the board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from.”
Gary Bd. of Zoning Appeals v. Eldridge, 774 N.E.2d 579 (Ind. Ct. App. 2002). “” Indiana Code section 36-7-4-919(e) dictates that: "The board shall make a decision on any matter that it is required to hear under the 900 series either: (1) at the meeting at which that matter is first presented; or (2) at the conclusion of the hearing on that matter, if it…”
Ad Craft, Inc. v. Bd. of Zoning Appeals, 693 N.E.2d 110 (Ind. Ct. App. 1998). “Indiana Code § 36-7-4-919(f) requires the board to enter findings within five days of its decision.”
Porter Cnty. Bd. of Zoning Appeals v. SBA Towers II, LLC, 927 N.E.2d 915 (Ind. Ct. App. 2010). “Ultimately, the findings of fact were not approved by the BZA until its September 17, 2008 meeting and then not signed until its October 7, 2008 meeting.”
Bressler Outdoor Advert., LLC v. City of Fort Wayne Bd. of Zoning Appeals, 777 N.E.2d 754 (Ind. Ct. App. 2002). “” Additionally, Indiana Code section 36-7-4-919(a), the statute governing appeals of zoning decisions, reads as follows: An appeal filed with the board of zoning appeals must specify the grounds of the appeal and must be filed within such time and in such form as may be…”
Time-Low Corp. v. City of LaPorte Bd. of Zoning Appeals, 547 N.E.2d 877 (Ind. Ct. App. 1989). “CODE § 36-7-4-919(d) (1988 Ed.): “Upon appeal, the board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from.”
Bd. of Zoning Appeals v. Cochran, 456 N.E.2d 1047 (Ind. Ct. App. 1983). “Thereafter, Cochran appealed to the Tippecanoe County Board of Zoning Appeals pursuant to Indiana Code section 36-7-4-919 (1981 Repl.). The Board also denied the permit, but not on identical grounds.”
Town of Darmstadt & Bob Stoops v. CWK Investments-Hillsdale, LLC, No. 18A-MI-150 (Ind. Ct. App. Oct. 30, 2018). “We begin our analysis by looking to the plain language of the relevant statute, which, in this case, is Indiana Code Section 36-7-4-919 (2018). [11] Indiana Code Section 36-7-4-919(e) provides, in relevant part, that a board of zoning appeals “shall make a decision on any matter…”
Cent. States Tower IV, LLC v. Bd. of Zoning Appeals of the City of Portage, 149 N.E.3d 1206 (Ind. Ct. App. 2020). “Representatives of CST pointed out to the BZA that the failure of the motion to approve the application for the Second Special Exception did not amount to a vote to deny the Second Special Exception, as such a vote would require findings pursuant to Indiana 3 Code section…”
Bradley Burgess v. Bd. of Zoning Appeals for the Town of Utica, 268 N.E.3d 844 (Ind. Ct. App. 2025). “In support of its holding, our Court cited to INDIANA CODE § 36-7-4-919(e), which provided, in relevant part, that a board of zoning appeals “shall make a decision on any matter that it is required to hear under the 900 series .”
Ind. Code § 36-7-4-919(6)(2): 1 case
Ripley Cnty. Bd. of Zoning Appeals v. Rumpke of Indiana, Inc., 663 N.E.2d 198 (Ind. Ct. App. 1996). “CODE § 36-7-4-919 by failing to rule on Rumpke's application during the January 25, 1994, hearing, by deliberating the application privately in violation of the Open Door Law, 3 by considering improper matters and evidence other than that presented at the public hearing, by…”
Ind. Code § 36-7-4-919(8): 1 case
Ripley Cnty. Bd. of Zoning Appeals v. Rumpke of Indiana, Inc., 663 N.E.2d 198 (Ind. Ct. App. 1996). “CODE § 36-7-4-919 by failing to rule on Rumpke's application during the January 25, 1994, hearing, by deliberating the application privately in violation of the Open Door Law, 3 by considering improper matters and evidence other than that presented at the public hearing, by…”
Ind. Code § 36-7-4-919(F): 1 case
Porter Cnty. Bd. of Zoning Appeals v. SBA Towers II, LLC, 927 N.E.2d 915 (Ind. Ct. App. 2010). “Ultimately, the findings of fact were not approved by the BZA until its September 17, 2008 meeting and then not signed until its October 7, 2008 meeting.”
Ind. Code § 36-7-4-919(a): 2 cases
Barnette v. US Architects, LLP, 15 N.E.3d 1 (Ind. Ct. App. 2014). “” Ind.Code § 36-7-4-919(a). Section 30.01 of the Ordinance provides that appeals shall be filed within thirty days of the action being appealed.”
Bressler Outdoor Advert., LLC v. City of Fort Wayne Bd. of Zoning Appeals, 777 N.E.2d 754 (Ind. Ct. App. 2002). “” Additionally, Indiana Code section 36-7-4-919(a), the statute governing appeals of zoning decisions, reads as follows: An appeal filed with the board of zoning appeals must specify the grounds of the appeal and must be filed within such time and in such form as may be…”
Ind. Code § 36-7-4-919(d): 1 case
Time-Low Corp. v. City of LaPorte Bd. of Zoning Appeals, 547 N.E.2d 877 (Ind. Ct. App. 1989). “CODE § 36-7-4-919(d) (1988 Ed.): “Upon appeal, the board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from.”
Ind. Code § 36-7-4-919(e): 4 cases
Gary Bd. of Zoning Appeals v. Eldridge, 774 N.E.2d 579 (Ind. Ct. App. 2002). “” Indiana Code section 36-7-4-919(e) dictates that: "The board shall make a decision on any matter that it is required to hear under the 900 series either: (1) at the meeting at which that matter is first presented; or (2) at the conclusion of the hearing on that matter, if it…”
Ripley Cnty. Bd. of Zoning Appeals v. Rumpke of Indiana, Inc., 663 N.E.2d 198 (Ind. Ct. App. 1996). “CODE § 36-7-4-919 by failing to rule on Rumpke's application during the January 25, 1994, hearing, by deliberating the application privately in violation of the Open Door Law, 3 by considering improper matters and evidence other than that presented at the public hearing, by…”
Town of Darmstadt & Bob Stoops v. CWK Investments-Hillsdale, LLC, No. 18A-MI-150 (Ind. Ct. App. Oct. 30, 2018). “We begin our analysis by looking to the plain language of the relevant statute, which, in this case, is Indiana Code Section 36-7-4-919 (2018). [11] Indiana Code Section 36-7-4-919(e) provides, in relevant part, that a board of zoning appeals “shall make a decision on any matter…”
Bradley Burgess v. Bd. of Zoning Appeals for the Town of Utica, 268 N.E.3d 844 (Ind. Ct. App. 2025). “In support of its holding, our Court cited to INDIANA CODE § 36-7-4-919(e), which provided, in relevant part, that a board of zoning appeals “shall make a decision on any matter that it is required to hear under the 900 series .”
Ind. Code § 36-7-4-919(f): 4 cases
Ripley Cnty. Bd. of Zoning Appeals v. Rumpke of Indiana, Inc., 663 N.E.2d 198 (Ind. Ct. App. 1996). “CODE § 36-7-4-919 by failing to rule on Rumpke's application during the January 25, 1994, hearing, by deliberating the application privately in violation of the Open Door Law, 3 by considering improper matters and evidence other than that presented at the public hearing, by…”
Ad Craft, Inc. v. Bd. of Zoning Appeals, 693 N.E.2d 110 (Ind. Ct. App. 1998). “Indiana Code § 36-7-4-919(f) requires the board to enter findings within five days of its decision.”
Cent. States Tower IV, LLC v. Bd. of Zoning Appeals of the City of Portage, 149 N.E.3d 1206 (Ind. Ct. App. 2020). “Representatives of CST pointed out to the BZA that the failure of the motion to approve the application for the Second Special Exception did not amount to a vote to deny the Second Special Exception, as such a vote would require findings pursuant to Indiana 3 Code section…”
Bradley Burgess v. Bd. of Zoning Appeals for the Town of Utica, 268 N.E.3d 844 (Ind. Ct. App. 2025). “In support of its holding, our Court cited to INDIANA CODE § 36-7-4-919(e), which provided, in relevant part, that a board of zoning appeals “shall make a decision on any matter that it is required to hear under the 900 series .”
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