Sec. 16. (a) Platted easements may be vacated in the same manner as public ways and public places, in accordance with section 12 of this chapter or with IC 36-7-4-712 , whichever is applicable. (b) Notwithstanding this article, vacation proceedings do not deprive a public utility of the use of all or part of a public way or public place to be vacated, if, at the time the proceedings are instituted, the utility is occupying and using all or part of that public way or public place for the location and operation of its facilities. However, the utility may waive its rights under this subsection by filing its written consent in the vacation proceedings. [Pre-Local Government Recodification Citation: 18-5-10-51.] IC 36-7-4 Chapter 4. Local Planning and Zoning 36-7-4-0.1 Application of certain amendments to chapter 36-7-4-0.2 Amendments made by SEA 425-2025; comprehensive plan or zoning ordinance not impaired or invalidated 36-7-4-0.3 Operation of certain area plan commissions; legalization of certain actions taken after June 30, 1997, and before January 1, 1999 36-7-4-0.4 Legalization of acts of certain plan commissions taken after September 30, 1999, and before March 16, 2000 36-7-4-100 100 Series—Applicability and rules of construction 36-7-4-100.5 "Actual construction" 36-7-4-101 "Advisory planning law" defined 36-7-4-102 "Area planning law" defined 36-7-4-103 "Metropolitan development law" defined 36-7-4-104 "Series" defined 36-7-4-105 Repealed 36-7-4-106 Prior law construed 36-7-4-107 Reorganized units; exercise of powers by resolution 36-7-4-200 200 Series—Establishment and membership of commission 36-7-4-201 Manner of exercising planning and zoning powers; purpose; countywide planning and zoning entities; county containing consolidated city 36-7-4-201.1 Zoning ordinances; satellite receiver antennas and other types of antennas 36-7-4-201.4 Adoption or enforcement of an ordinance or resolution; slope 36-7-4-202 Establishment; authorization 36-7-4-202.5 Reorganized units; adoption of advisory plan commission 36-7-4-203 Establishment; exercise of planning and zoning authority 36-7-4-204 Establishment; participation by other municipalities within county 36-7-4-205 Establishment; extent of territorial authority of comprehensive plan; inclusion of contiguous unincorporated area; fire protection territories; incorporation of new towns in county 36-7-4-206 Establishment; extent of territorial authority of nonparticipating municipality 36-7-4-207 Membership of commission; nonvoting adviser 36-7-4-208 Membership of commission; county and metropolitan numbers 36-7-4-209 Membership of commission; representatives for a municipality; numbers; appointments 36-7-4-210 Membership of commission; advisory council on town affairs 36-7-4-211 Membership of commission; changes 36-7-4-212 Membership of commission; certification 36-7-4-213 Membership of commission; advisory members 36-7-4-214 Membership of commission; additional members required for unincorporated jurisdictional area 36-7-4-215 Membership of commission; additional members allowed for unincorporated jurisdictional area 36-7-4-216 Membership of commission; qualifications of citizen members 36-7-4-217 Membership of commission; term of certain appointees 36-7-4-218 Membership of commission; terms and removal of citizen members 36-7-4-219 Repealed 36-7-4-220 Membership of commission; vacancies; appointment of alternate members 36-7-4-221 Repealed 36-7-4-222 Membership of commission; expenses 36-7-4-222.5 Plan commission members belonging to county executive or fiscal bodies; mileage and compensation 36-7-4-223 Membership of commission; conflict of interest; disqualification 36-7-4-300 300 Series—Organization of commission 36-7-4-301 Organization; quorum 36-7-4-302 Organization; official action 36-7-4-303 Organization; president and vice president 36-7-4-304 Organization; secretary 36-7-4-305 Organization; offices and property 36-7-4-306 Organization; regular meetings and minutes 36-7-4-307 Organization; special meetings 36-7-4-308 Organization; appropriations 36-7-4-309 Organization; expenditures 36-7-4-310 Organization; gifts and grants 36-7-4-311 Organization; staff and services; executive director; compensation 36-7-4-312 Organization; duties of executive director 36-7-4-400 400 Series—Duties and powers of commission 36-7-4-401 Duties; advisory planning; area planning 36-7-4-402 Duties; employees; hearings 36-7-4-403 Repealed 36-7-4-403.5 Duties; powers; combined hearing procedure 36-7-4-404 Power to sue and be sued; costs 36-7-4-405 Duties of plan commission; street names and numbers; areas not subject to plan commission; notice; development plans 36-7-4-405.5 Conversion of rural route addresses 36-7-4-406 Repealed 36-7-4-407 Duties; powers; advisory citizens' committees 36-7-4-408 Powers; executive committee 36-7-4-409 Powers; grants-in-aid 36-7-4-410 Powers; county-municipal plan commission 36-7-4-411 Powers; fees 36-7-4-500 500 Series—Comprehensive plan 36-7-4-501 Comprehensive plan; requirement; approval; purpose 36-7-4-502 Comprehensive plan; contents 36-7-4-503 Comprehensive plan; additional contents 36-7-4-504 Comprehensive plan; consideration of policy and pattern; validation, continuance, and consolidation of preexisting plans 36-7-4-504.5 Comprehensive plan; township advisory committee 36-7-4-505 Comprehensive plan; requests for related information 36-7-4-506 Thoroughfare plans included in comprehensive plans; location, change, vacation, or improvement of thoroughfares 36-7-4-507 Comprehensive plan; notice and hearings before adoption 36-7-4-508 Comprehensive plan; adoption; certification; plan and summary availability for inspection; legalization of certain comprehensive plans 36-7-4-509 Comprehensive plan; legislative approval, rejection, or amendment 36-7-4-510 Comprehensive plan; procedure following legislative rejection or amendment 36-7-4-511 Comprehensive plan; amendment approval; preparation and submission of amendments 36-7-4-512 Comprehensive plan; capital improvement projects 36-7-4-600 600 Series—Zoning ordinance 36-7-4-601 Zoning ordinance; powers and duties of legislative body 36-7-4-602 Zoning ordinance; procedures for adoption of ordinances, amendments, and map changes 36-7-4-603 Zoning ordinance; preparation and consideration of proposals 36-7-4-604 Zoning ordinance; notice and hearing before certification of proposed ordinance; prohibited communications 36-7-4-605 Certification of proposed ordinance or zone map change 36-7-4-606 Procedures for adopting initial or replacement zoning ordinance; area planning and metropolitan development 36-7-4-606.5 Procedures for adopting initial or replacement zoning ordinance; advisory planning 36-7-4-607 Procedures for amending or partially repealing text of zoning ordinance; area planning and metropolitan development 36-7-4-607.5 Procedures for amending or partially repealing text of zoning ordinance; advisory planning 36-7-4-608 Zoning ordinance; procedure for changing zoning maps 36-7-4-608.5 Repealed 36-7-4-608.7 Zoning ordinance; alternate procedure for changing zone maps 36-7-4-609 Zoning ordinances; vote required for action by legislative body; veto of city ordinances 36-7-4-610 Zoning ordinance; notice of adoption; printing; presumption; effective date; copies 36-7-4-610.5 Proposed changes in zone maps 36-7-4-611 Zoning ordinance; due deliberation presumption; effectiveness within jurisdiction of adopting legislative body 36-7-4-612 Zoning ordinance; effect of prior ordinances 36-7-4-613 Repealed 36-7-4-614 Repealed 36-7-4-615 Repealed 36-7-4-616 Zoning ordinance; agricultural nonconforming use 36-7-4-700 700 Series—Subdivision control 36-7-4-701 Subdivision control ordinance 36-7-4-702 Subdivision control; primary approval of plat; standards of ordinance; requisites; compliance 36-7-4-703 Subdivision control; application for approval of plat; procedure 36-7-4-704 Subdivision control; fees; uniform schedule; payment 36-7-4-705 Subdivision control; primary approval of plat; review of application; hearing date 36-7-4-706 Subdivision control; application for primary approval; notice of hearing 36-7-4-707 Subdivision control; primary approval of plat; findings and decision 36-7-4-708 Subdivision control; primary approval or disapproval of plat; appeal to plan commission; procedure; review 36-7-4-709 Subdivision control; secondary approval of plat; determining completion of improvements and installations; conditions for performance bonds; release and partial release of bond or surety 36-7-4-710 Subdivision control; secondary approval of plat; authority to grant; time; prerequisites for legal effect of plat 36-7-4-711 Vacation of plats; alternate procedure; petition; notice and hearing 36-7-4-712 Plat committee; exclusive control over vacation of plats or public ways; rules; public interest; appeals 36-7-4-713 Repealed 36-7-4-714 Determination required to vacate recorded covenant filed with plat 36-7-4-715 Final decisions of plan commission subject to review 36-7-4-800 800 Series—Improvement location permit 36-7-4-801 Improvement location permit; requirement 36-7-4-802 Improvement location permit; authority to issue 36-7-4-803 Bonds of contractors, engineers, and surveyors; enforcement of zoning or subdivision ordinance 36-7-4-804 Improvement location or building permit; eligibility; violations of zoning or subdivision ordinance; hearing 36-7-4-900 900 Series—Board of zoning appeals 36-7-4-901 Board of zoning appeals; establishment; divisions; jurisdiction; continuation of certain boards 36-7-4-901.5 Reorganized units; board of zoning appeals required if advisory plan commission established 36-7-4-902 Board of zoning appeals; members; number; appointment 36-7-4-903 Board of zoning appeals; additional division or member required for unincorporated jurisdictional area 36-7-4-904 Repealed 36-7-4-905 Board of zoning appeals; membership; restrictions 36-7-4-906 Board of zoning appeals; members; terms; removal 36-7-4-907 Board of zoning appeals; members; vacancies 36-7-4-908 Repealed 36-7-4-909 Board of zoning appeals; members; conflict of interest; disqualification 36-7-4-910 Board of zoning appeals; quorum 36-7-4-911 Board of zoning appeals; official action 36-7-4-912 Board of zoning appeals; chair and vice chair 36-7-4-913 Board of zoning appeals; secretary and employees 36-7-4-914 Board of zoning appeals; facilities 36-7-4-915 Board of zoning appeals; minutes and records 36-7-4-916 Board of zoning appeals; rules 36-7-4-916.5 Allocation of cases between divisions 36-7-4-917 Board of zoning appeals; appropriations 36-7-4-918 Repealed 36-7-4-918.1 Board of zoning appeals; review of orders, requirements, decisions, or determinations 36-7-4-918.2 Board of zoning appeals; special exceptions and certain uses; approval or denial 36-7-4-918.3 Board of zoning appeals; variance from use district or classification 36-7-4-918.4 Board of zoning appeals; variance of use 36-7-4-918.5 Board of zoning appeals; variance from development standards 36-7-4-918.6 Board of zoning appeals in certain counties; special exceptions, uses, and variances 36-7-4-918.8 Board of zoning appeals; metropolitan development commission; exercise of powers; variances, exceptions, or uses 36-7-4-919 Board of zoning appeals; appeal to board; grounds; record; decision 36-7-4-920 Board of zoning appeals, hearing on administrative appeals, exceptions, uses, and variances; notice; appearance 36-7-4-921 Repealed 36-7-4-922 Board of zoning appeals; appeal to metropolitan development commission or excluded city legislative body 36-7-4-923 Alternate procedure for expedient disposition of petitions; hearing officers 36-7-4-924 Alternate procedure for disposition of petitions or applications; objections; commitments; appeals 36-7-4-1000 1000 Series—Remedies and enforcement 36-7-4-1001 Remedies and enforcement; stay of proceedings and work on premises affected pending appeal to board of zoning appeals 36-7-4-1002 Remedies and enforcement; stay order 36-7-4-1003 Judicial review 36-7-4-1004 Repealed 36-7-4-1005 Repealed 36-7-4-1006 Repealed 36-7-4-1007 Repealed 36-7-4-1008 Repealed 36-7-4-1009 Repealed 36-7-4-1010 Repealed 36-7-4-1011 Repealed 36-7-4-1012 Remedies and enforcement; violation as common nuisance 36-7-4-1013 Remedies and enforcement; prosecution; attorneys 36-7-4-1014 Remedies and enforcement; allowable actions 36-7-4-1015 Commitments; enforcement 36-7-4-1016 Judicial review of zoning decisions 36-7-4-1017 Remedies and enforcement; status of structures erected in violation 36-7-4-1018 Violations; penalties; ordinances 36-7-4-1019 Reconstruction, repair, renovation, or replacement of structure within mobile home community or on other private property permitted without loss of status as legal, nonconforming structure or use 36-7-4-1020 Ordinances; presumption of validity; official notice 36-7-4-1100 1100 Series—Miscellaneous provisions 36-7-4-1101 Miscellaneous provisions; application 36-7-4-1102 Miscellaneous provisions; supplemental nature of planning law 36-7-4-1103 Miscellaneous provisions; use and alienation of mineral resources and forests outside urban areas 36-7-4-1104 Miscellaneous provisions; no effect on eminent domain by state, state agency, or Indiana finance authority 36-7-4-1105 Miscellaneous provisions; setting aside memorials or monuments 36-7-4-1106 Miscellaneous provisions; comprehensive plans and ordinances; standards and requirements; manufactured homes; aesthetic standards for certain manufactured homes 36-7-4-1107 Children's home 36-7-4-1108 Child care home used as primary residence of care home operator 36-7-4-1109 Approval of permit, plat, plan, use, or exception; applicability of local or state law while approval pending; incorporation of statutory provision in sign regulations 36-7-4-1109.1 "Extraordinary event"; extension of time to meet requirements for obtaining or maintaining permit 36-7-4-1109.2 Application for extension of permit conditions; denial of application; written determination and findings of fact 36-7-4-1109.3 Appeal of granted permit; tolling of time for commencing and completing permitted use; approved permitted use as lawful use while appeal pending 36-7-4-1109.4 Review of permit application; notice of incomplete application; opportunity to cure defective application; written determination 36-7-4-1109.5 Projects for generation of electricity; exempted entities; prohibition by political subdivision or local authority after June 30, 2025; one-year limit; extension or renewal of prohibition not allowed 36-7-4-1110 Expired 36-7-4-1111 Computation of time 36-7-4-1200 1200 Series—Township joinder 36-7-4-1201 Township joinder; conditions 36-7-4-1202 Township joinder; additional conditions 36-7-4-1203 Township joinder; filing of petition; hearing; notice; remonstrance 36-7-4-1204 Township joinder; consideration of petition 36-7-4-1205 Township joinder; choice of municipality for joinder 36-7-4-1206 Township joinder; limitations on choice of municipality 36-7-4-1207 Township joinder; joinder with county or municipality in other county 36-7-4-1208 Township joinder; planning and zoning jurisdiction 36-7-4-1209 Township joinder; planning and zoning cost 36-7-4-1210 Township joinder; membership of township on advisory plan commission 36-7-4-1210.5 Township joinder; membership of certain townships on advisory plan commission in Hamilton County 36-7-4-1210.6 Plan commission created by joinder agreement; vacancies 36-7-4-1211 Township joinder; collection of fees 36-7-4-1212 Township joinder; withdrawal of township; conditions; procedure 36-7-4-1213 Township joinder; authorization 36-7-4-1300 1300 Series—Impact Fees 36-7-4-1301 "Community level of service" defined 36-7-4-1302 "Current level of service" defined 36-7-4-1303 "Development" defined 36-7-4-1304 "Fee payer" and "person" defined 36-7-4-1305 "Impact fee" and "capital costs" defined 36-7-4-1306 "Impact fee ordinance" defined 36-7-4-1307 "Impact zone" defined 36-7-4-1308 "Infrastructure" defined 36-7-4-1309 "Infrastructure type" defined 36-7-4-1310 "Infrastructure agency" defined 36-7-4-1311 Ordinance; jurisdiction to adopt; impact fees and other charges 36-7-4-1312 Ordinance; prerequisites to adoption 36-7-4-1313 Other permissible fees and charges of adopting unit 36-7-4-1314 Ordinance; application 36-7-4-1315 Ordinance; establishment of impact zones 36-7-4-1316 Impact zones; geographical area 36-7-4-1317 Ordinance; identification of responsible infrastructure agency 36-7-4-1318 Ordinance; zone improvement plan preparation; contents of plan 36-7-4-1319 Amendment to ordinance or zone improvement plan 36-7-4-1320 Ordinance; fee schedule and formula 36-7-4-1321 Fee schedule or formula; requirements; limitations 36-7-4-1322 Fee assessment date; increase or decrease in fees; developments against which fees may not be assessed; existing contracts 36-7-4-1323 Fee due date; proration; repeal or lapse of ordinance 36-7-4-1324 Ordinance; installment payment plan; fee upon permit issuance; interest; penalty for late payment 36-7-4-1325 Collection of unpaid fees; lien; receipt for payments 36-7-4-1326 Ordinance; special reduced rates for affordable housing development 36-7-4-1327 Fee reduction; appeal procedures 36-7-4-1328 Fee reduction; complementary payment by granting unit 36-7-4-1329 Fund for impact fee collections; establishment; management; reports 36-7-4-1330 Use of fees 36-7-4-1331 Infrastructure construction 36-7-4-1332 Impact fee refunds 36-7-4-1333 Impact fees; appeal of amount before impact review board; judicial review; effect on pending fee payments 36-7-4-1334 Ordinance; appeal provision for amount of fees 36-7-4-1335 Fee payer credits; infrastructure or improvements; amount of credit 36-7-4-1336 Fee payer credits; petition to determine amount; proceeding before impact review board 36-7-4-1337 Ordinance; allocation of credits to fee payer provisions 36-7-4-1338 Impact fee review board; membership; powers and duties 36-7-4-1339 Declaratory relief; challenge of ordinance 36-7-4-1340 Ordinance; effective date; duration; replacement 36-7-4-1341 Delay of new development pending fee process 36-7-4-1342 Application of 1300 Series to certain towns; expiration of provision 36-7-4-1400 1400 Series—Development Plans; application of certain amendments to chapter 36-7-4-1401 "Development requirement" defined 36-7-4-1401.5 Power of legislative body to designate zoning districts where plan required 36-7-4-1402 Designation by zoning ordinance 36-7-4-1403 Requisites of zoning ordinance 36-7-4-1404 Review and appeal 36-7-4-1405 Powers and duties of plan commission 36-7-4-1406 Written findings constitute final decision 36-7-4-1500 1500 Series—Planned Unit Development 36-7-4-1501 "Development requirement" defined 36-7-4-1502 "Planned unit development district" defined 36-7-4-1503 "PUD district ordinance" defined 36-7-4-1504 Zoning ordinances 36-7-4-1505 Real property zoned by PUD district ordinance 36-7-4-1506 Text amendment 36-7-4-1507 Legislative act 36-7-4-1508 Use of other authorized requirements 36-7-4-1509 Requirements of district ordinance 36-7-4-1510 Written text, plan, or other drawing allowed 36-7-4-1511 Power of legislative body to delegate authority 36-7-4-1512 Power of legislative body to adopt or amend ordinance 36-7-4-1513 Platting procedure 36-7-4-1600 1600 Series-Judicial review 36-7-4-1601 Exclusive means for judicial review of zoning decisions 36-7-4-1602 Initiation of judicial review; required showing 36-7-4-1603 Standing 36-7-4-1604 Exhaustion of remedies 36-7-4-1605 Timeliness of petition for review 36-7-4-1606 Venue; rules of procedure; parties; motion to intervene 36-7-4-1607 Petition for review; requirements 36-7-4-1608 Notice 36-7-4-1609 Petition for order staying zoning decision pending review 36-7-4-1610 Review of issue not previously raised 36-7-4-1611 Review of facts confined to record 36-7-4-1612 Additional evidence; remand for additional factfinding or preparation of adequate record 36-7-4-1613 Transmission of board record to court; extension of time to file record; cost of copies and transcripts 36-7-4-1614 Burden of demonstrating invalidity of zoning decision; grounds for relief 36-7-4-1615 Finding of prejudice; judicial action 36-7-4-1616 Appeal of court's decision
‹ Prev All Indiana sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.