Indiana 2022 Regular Session

Indiana House Bill HB1022 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1022
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 36-4-3; IC 36-7-4.
7	7	Synopsis: Annexation and zoning. Provides the following with regard
8	8	to an annexation of territory (territory) that is at least 80% contiguous
9	9	to the municipality: (1) The municipality must conduct three (instead
10	10	of six) public information meetings regarding the proposed annexation.
11	11	(2) A landowner may not remonstrate against the annexation. (3) The
12	12	county executive may void the annexation. (4) A landowner may file
13	13	a court action to void an annexation on the grounds that the
14	14	municipality failed to fulfill certain statutory requirements. If
15	15	successful, the landowner may collect attorney's fees and costs. (5) If
16	16	voided, a municipality may not attempt another annexation of the
17	17	territory for four years. Specifies, with regard to a request for a variance
18	18	on property abutting a county line, who is an interested party and must
19	19	be given notice of the variance hearing. Requires a board of zoning
20	20	appeals to consider any effect that approval of a variance from
21	21	development standards may have on wells and septic systems. Makes
22	22	the following changes with regard to area plan commissions: (1)
23	23	Allows only the appointing authority to remove a member of an area
24	24	plan commission. (2) Requires the county legislative body (instead of
25	25	the area plan commission) to appoint the executive director for an area
26	26	planning department.
27	27	Effective: July 1, 2022.
28	28	Thompson
29	29	January 4, 2022, read first time and referred to Committee on Local Government.
30	30	2022 IN 1022—LS 6363/DI 87 Introduced
31	31	Second Regular Session of the 122nd General Assembly (2022)
32	32	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
33	33	Constitution) is being amended, the text of the existing provision will appear in this style type,
34	34	additions will appear in this style type, and deletions will appear in this style type.
35	35	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
36	36	provision adopted), the text of the new provision will appear in this style type. Also, the
37	37	word NEW will appear in that style type in the introductory clause of each SECTION that adds
38	38	a new provision to the Indiana Code or the Indiana Constitution.
39	39	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
40	40	between statutes enacted by the 2021 Regular Session of the General Assembly.
41	41	HOUSE BILL No. 1022
42	42	A BILL FOR AN ACT to amend the Indiana Code concerning local
43	43	government.
44	44	Be it enacted by the General Assembly of the State of Indiana:
45	45	1 SECTION 1. IC 36-4-3-1.7, AS AMENDED BY P.L.206-2016,
46	46	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
47	47	3 JULY 1, 2022]: Sec. 1.7. (a) This section applies only to an annexation
48	48	4 ordinance adopted after June 30, 2015. This section does not apply to
49	49	5 an annexation under section 5.1 of this chapter.
50	50	6 (b) Not earlier than six (6) months before a municipality introduces
51	51	7 an annexation ordinance, the municipality shall conduct an outreach
52	52	8 program to inform citizens regarding the proposed annexation.
53	53	9 (c) For an annexation:
54	54	10 (1) under section 3 or 4 of this chapter, the outreach program
55	55	11 must conduct:
56	56	12 (A) at least six (6) public information meetings regarding the
57	57	13 proposed annexation; or
58	58	14 (B) at least three (3) public information meetings
59	59	15 regarding the proposed annexation, if the annexation is
60	60	16 subject to section 4.4 of this chapter; or
61	61	17 (2) For an annexation under section 5 of this chapter, the outreach
62	62	2022 IN 1022—LS 6363/DI 87 2
63	63	1 program must conduct at least three (3) public information
64	64	2 meetings regarding the proposed annexation.
65	65	3 (d) The public information meetings must provide citizens with the
66	66	4 following information:
67	67	5 (1) Maps showing the proposed boundaries of the annexation
68	68	6 territory.
69	69	7 (2) Proposed plans for extension of capital and noncapital
70	70	8 services in the annexation territory, including proposed dates of
71	71	9 extension.
72	72	10 (3) Expected fiscal impact on taxpayers in the annexation
73	73	11 territory, including any increase in taxes and fees.
74	74	12 (c) (e) The municipality shall provide notice of the dates, times, and
75	75	13 locations of the outreach program meetings. The municipality shall
76	76	14 publish the notice of the meetings under IC 5-3-1, including the date,
77	77	15 time, and location of the meetings, except that notice must be published
78	78	16 not later than thirty (30) days before the date of each meeting. The
79	79	17 municipality shall also send notice to each owner of land within the
80	80	18 annexation territory not later than thirty (30) days before the date of the
81	81	19 first meeting of the outreach program. The notice to landowners shall
82	82	20 be sent by first class mail, certified mail with return receipt requested,
83	83	21 or any other means of delivery that includes a return receipt and must
84	84	22 include the following information:
85	85	23 (1) The notice must inform the landowner that the municipality is
86	86	24 proposing to annex territory that includes the landowner's
87	87	25 property.
88	88	26 (2) The municipality is conducting an outreach program for the
89	89	27 purpose of providing information to landowners and the public
90	90	28 regarding the proposed annexation.
91	91	29 (3) The date, time, and location of the meetings to be conducted
92	92	30 under the outreach program.
93	93	31 (d) (f) The notice shall be sent to the address of the landowner as
94	94	32 listed on the tax duplicate. If the municipality provides evidence that
95	95	33 the notice was sent:
96	96	34 (1) by certified mail, with return receipt requested or any other
97	97	35 means of delivery that includes a return receipt; and
98	98	36 (2) in accordance with this section;
99	99	37 it is not necessary that the landowner accept receipt of the notice. If a
100	100	38 remonstrance is filed under section 11 of this chapter, the municipality
101	101	39 shall file with the court proof that notices were sent to landowners
102	102	40 under this section and proof of publication.
103	103	41 (e) (g) The notice required under this section is in addition to any
104	104	42 notice required under sections 2.1 and 2.2 of this chapter.
105	105	2022 IN 1022—LS 6363/DI 87 3
106	106	1 SECTION 2. IC 36-4-3-4.4 IS ADDED TO THE INDIANA CODE
107	107	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
108	108	3 1, 2022]: Sec. 4.4. (a) This section applies to an annexation that
109	109	4 satisfies all of the following:
110	110	5 (1) Eighty percent (80%) of the boundary of the proposed
111	111	6 annexation territory is contiguous to the municipality.
112	112	7 (2) The municipal legislative body adopts the annexation
113	113	8 ordinance after June 30, 2022.
114	114	9 (b) The municipality must file a copy of the adopted annexation
115	115	10 ordinance and fiscal plan:
116	116	11 (1) with the county executive body of each county in which the
117	117	12 annexation territory is located; and
118	118	13 (2) not later than five (5) business days after the date that the
119	119	14 annexation ordinance is adopted.
120	120	15 (c) The annexation is void without further proceedings if, not
121	121	16 later than sixty (60) days after the date the ordinance and fiscal
122	122	17 plan are filed, at least a majority of members of the county
123	123	18 executive vote to deny the annexation. The county executive may
124	124	19 deny the annexation:
125	125	20 (1) for any reason; and
126	126	21 (2) without making written findings.
127	127	22 If the annexation territory is located in two (2) or more counties,
128	128	23 the annexation is void if a single county executive votes to deny the
129	129	24 annexation. A county executive's denial of an annexation is not
130	130	25 subject to judicial review.
131	131	26 (d) If a county executive does not deny the annexation, the
132	132	27 annexation becomes effective in accordance with section 7 of this
133	133	28 chapter, unless an action to void the annexation is filed:
134	134	29 (1) by any owner of property within the proposed annexation
135	135	30 territory in a court of competent jurisdiction in the county in
136	136	31 which the municipality is primarily located; and
137	137	32 (2) not later than ninety (90) days after the date the
138	138	33 annexation ordinance and fiscal plan are filed with the county
139	139	34 executive.
140	140	35 If the annexation territory is located in two (2) or more counties,
141	141	36 the date that the ordinance and fiscal plan were filed with the last
142	142	37 county executive is the determining date for calculating the time
143	143	38 period within which to file an action.
144	144	39 (e) The court shall hear and determine the action without a jury.
145	145	40 If the court finds that the plaintiff has presented sufficient evidence
146	146	41 of any one (1) of the following, the court shall enter an order to
147	147	42 void the annexation:
148	148	2022 IN 1022—LS 6363/DI 87 4
149	149	1 (1) The annexation territory is not eighty percent (80%)
150	150	2 contiguous to the municipality.
151	151	3 (2) The municipality failed to comply with the outreach
152	152	4 program or notice requirements of section 1.7 of this chapter.
153	153	5 (3) The municipality failed to comply with notice and public
154	154	6 hearing requirements under section 2.1 or 2.2 of this chapter.
155	155	7 (4) The municipality failed to adopt a fiscal plan that meets
156	156	8 the requirements set forth in section 13 of this chapter and as
157	157	9 required under section 3.1 of this chapter.
158	158	10 (f) If the court enters an order to void an annexation, the
159	159	11 plaintiffs shall be reimbursed by the municipality for any
160	160	12 reasonable attorney's fees, including litigation expenses and appeal
161	161	13 costs:
162	162	14 (1) that are incurred:
163	163	15 (A) after the date the annexation ordinance is adopted; and
164	164	16 (B) in pursuing an action under this section; and
165	165	17 (2) not to exceed thirty-seven thousand five hundred dollars
166	166	18 ($37,500).
167	167	19 (g) A remonstrance under section 11 of this chapter or an
168	168	20 appeal under section 15.5 of this chapter may not be filed with
169	169	21 regard to an annexation to which this section applies.
170	170	22 SECTION 3. IC 36-4-3-7, AS AMENDED BY P.L.236-2019,
171	171	23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
172	172	24 JULY 1, 2022]: Sec. 7. (a) After an ordinance is adopted under section
173	173	25 3, 4, 5, or 5.1 of this chapter, it must be published in the manner
174	174	26 prescribed by IC 5-3-1. Except as provided in subsection (b), (c), (d),
175	175	27 or (f), in the absence of:
176	176	28 (1) remonstrance and appeal under section 11 or 15.5 of this
177	177	29 chapter; or
178	178	30 (2) the filing of an action in court under section 4.4 of this
179	179	31 chapter to void an annexation;
180	180	32 the ordinance takes effect at least ninety (90) days after its publication
181	181	33 and upon the filing required by section 22(a) of this chapter.
182	182	34 (b) An ordinance described in subsection (d) or adopted under
183	183	35 section 3, 4, 5, or 5.1 of this chapter may not take effect during the year
184	184	36 preceding a year in which a federal decennial census is conducted. An
185	185	37 ordinance that would otherwise take effect during the year preceding
186	186	38 a year in which a federal decennial census is conducted takes effect
187	187	39 January 1 of the year in which a federal decennial census is conducted.
188	188	40 (c) Subsections (d) and (e) apply to fire protection districts that are
189	189	41 established after July 1, 1987, and to which subsection (g) does not
190	190	apply. 42 For the purposes of this section, territory that has been:
191	191	2022 IN 1022—LS 6363/DI 87 5
192	192	1 (1) added to an existing fire protection district under
193	193	2 IC 36-8-11-11; or
194	194	3 (2) approved by ordinance of the county legislative body to be
195	195	4 added to an existing fire protection district under IC 36-8-11-11,
196	196	5 notwithstanding that the territory's addition to the fire protection
197	197	6 district has not yet taken effect;
198	198	7 shall be considered a part of the fire protection district as of the date
199	199	8 that the fire protection district was originally established.
200	200	(d) Except as provided in subsection (b), 9 whenever a municipality
201	201	10 annexes territory, all or part of which lies within a fire protection
202	202	11 district (IC 36-8-11), the annexation ordinance (in the absence of
203	203	12 remonstrance and appeal under section 11 or 15.5 of this chapter) takes
204	204	13 effect the second January 1 that follows the date the ordinance is
205	205	14 adopted and upon the filing required by section 22(a) of this chapter.
206	206	15 Except in the case of an annexation to which subsection (g) applies, the
207	207	16 municipality shall:
208	208	17 (1) provide fire protection to that territory beginning the date the
209	209	18 ordinance is effective; and
210	210	19 (2) send written notice to the fire protection district of the date the
211	211	20 municipality will begin to provide fire protection to the annexed
212	212	21 territory within ten (10) days of the date the ordinance is adopted.
213	213	22 (e) If the fire protection district from which a municipality annexes
214	214	23 territory under subsection (d) is indebted or has outstanding unpaid
215	215	24 bonds or other obligations at the time the annexation is effective, the
216	216	25 municipality is liable for and shall pay that indebtedness in the same
217	217	26 ratio as the assessed valuation of the property in the annexed territory
218	218	27 (that is part of the fire protection district) bears to the assessed
219	219	28 valuation of all property in the fire protection district, as shown by the
220	220	29 most recent assessment for taxation before the annexation, unless the
221	221	30 assessed property within the municipality is already liable for the
222	222	31 indebtedness. The annexing municipality shall pay its indebtedness
223	223	32 under this section to the board of fire trustees. If the indebtedness
224	224	33 consists of outstanding unpaid bonds or notes of the fire protection
225	225	34 district, the payments to the board of fire trustees shall be made as the
226	226	35 principal or interest on the bonds or notes becomes due.
227	227	36 (f) This subsection applies to an annexation initiated by property
228	228	37 owners under section 5.1 of this chapter in which all property owners
229	229	38 within the area to be annexed petition the municipality to be annexed.
230	230	39 Subject to subsections (b) and (d), and in the absence of an appeal
231	231	40 under section 15.5 of this chapter, an annexation ordinance takes effect
232	232	41 at least thirty (30) days after its publication and upon the filing required
233	233	42 by section 22(a) of this chapter.
234	234	2022 IN 1022—LS 6363/DI 87 6
235	235	1 (g) Whenever a municipality annexes territory that lies within a fire
236	236	2 protection district that has a total net assessed value (as determined by
237	237	3 the county auditor) of more than one billion dollars ($1,000,000,000)
238	238	4 on the date the annexation ordinance is adopted:
239	239	5 (1) the annexed area shall remain a part of the fire protection
240	240	6 district after the annexation takes effect; and
241	241	7 (2) the fire protection district shall continue to provide fire
242	242	8 protection services to the annexed area.
243	243	9 The municipality shall not tax the annexed territory for fire protection
244	244	10 services. The annexing municipality shall establish a special fire fund
245	245	11 for all fire protection services that are provided by the municipality
246	246	12 within the area of the municipality that is not within the fire protection
247	247	13 district, and which shall not be assessed to the annexed special taxing
248	248	14 district. The annexed territory that lies within the fire protection district
249	249	15 shall continue to be part of the fire protection district special taxing
250	250	16 district.
251	251	17 SECTION 4. IC 36-4-3-11, AS AMENDED BY P.L.206-2016,
252	252	18 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
253	253	19 JULY 1, 2022]: Sec. 11. (a) This subsection applies only to an
254	254	20 annexation for which an annexation ordinance was adopted before July
255	255	21 1, 2015. Except as provided in section 5.1(i) of this chapter and
256	256	22 subsections (e) and (f), whenever territory is annexed by a municipality
257	257	23 under this chapter, the annexation may be appealed by filing with the
258	258	24 circuit or superior court of a county in which the annexed territory is
259	259	25 located a written remonstrance signed by:
260	260	26 (1) at least sixty-five percent (65%) of the owners of land in the
261	261	27 annexed territory; or
262	262	28 (2) the owners of more than seventy-five percent (75%) in
263	263	29 assessed valuation of the land in the annexed territory.
264	264	30 The remonstrance must be filed within ninety (90) days after the
265	265	31 publication of the annexation ordinance under section 7 of this chapter,
266	266	32 must be accompanied by a copy of that ordinance, and must state the
267	267	33 reason why the annexation should not take place.
268	268	34 (b) This subsection applies only to an annexation for which an
269	269	35 annexation ordinance was adopted before July 1, 2015. On receipt of
270	270	36 the remonstrance, the court shall determine whether the remonstrance
271	271	37 has the necessary signatures. In determining the total number of
272	272	38 landowners of the annexed territory and whether signers of the
273	273	39 remonstrance are landowners, the names appearing on the tax duplicate
274	274	40 for that territory constitute prima facie evidence of ownership. Only
275	275	41 one (1) person having an interest in each single property, as evidenced
276	276	42 by the tax duplicate, is considered a landowner for purposes of this
277	277	2022 IN 1022—LS 6363/DI 87 7
278	278	1 section.
279	279	2 (c) This subsection applies only to an annexation for which an
280	280	3 annexation ordinance was adopted before July 1, 2015. If the court
281	281	4 determines that the remonstrance is sufficient, the court shall fix a time,
282	282	5 within sixty (60) days after the court's determination, for a hearing on
283	283	6 the remonstrance. Notice of the proceedings, in the form of a summons,
284	284	7 shall be served on the annexing municipality. The municipality is the
285	285	8 defendant in the cause and shall appear and answer.
286	286	9 (d) This subsection applies only to an annexation for which an
287	287	10 annexation ordinance was adopted after June 30, 2015. If the
288	288	11 requirements of section 11.3(c) or (after December 31, 2016) section
289	289	12 11.4 of this chapter are met, the annexation may be appealed by filing
290	290	13 with the circuit or superior court of a county in which the annexed
291	291	14 territory is located:
292	292	15 (1) the signed remonstrances filed with the county auditor;
293	293	16 (2) the county auditor's certification under section 11.2(i) of this
294	294	17 chapter;
295	295	18 (3) the annexation ordinance; and
296	296	19 (4) a statement of the reason why the annexation should not take
297	297	20 place.
298	298	21 The remonstrance must be filed with the court not later than fifteen
299	299	22 (15) business days after the date the county auditor files the certificate
300	300	23 with the legislative body under section 11.2(i) of this chapter. After a
301	301	24 remonstrance petition is filed with the court, any person who signed a
302	302	25 remonstrance may file with the court a verified, written revocation of
303	303	26 the person's opposition to the annexation.
304	304	27 (e) If an annexation is:
305	305	28 (1) initiated by property owners under section 5.1 of this chapter
306	306	29 and all property owners within the area to be annexed petition the
307	307	30 municipality to be annexed; or
308	308	31 (2) subject to section 4.4 of this chapter;
309	309	32 a remonstrance to the annexation may not be filed under this section.
310	310	33 (f) This subsection applies only to an annexation for which an
311	311	34 annexation ordinance is adopted before July 1, 2015. This subsection
312	312	35 applies if:
313	313	36 (1) the territory to be annexed consists of not more than one
314	314	37 hundred (100) parcels; and
315	315	38 (2) eighty percent (80%) of the boundary of the territory proposed
316	316	39 to be annexed is contiguous to the municipality.
317	317	40 An annexation may be appealed by filing with the circuit or superior
318	318	41 court of a county in which the annexed territory is located a written
319	319	42 remonstrance signed by at least seventy-five percent (75%) of the
320	320	2022 IN 1022—LS 6363/DI 87 8
321	321	1 owners of land in the annexed territory as determined under subsection
322	322	2 (b).
323	323	3 SECTION 5. IC 36-4-3-15, AS AMENDED BY P.L.228-2015,
324	324	4 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
325	325	5 JULY 1, 2022]: Sec. 15. (a) The court's judgment under section 12 or
326	326	6 15.5 of this chapter must specify the annexation ordinance on which
327	327	7 the remonstrance is based. The court's judgment in an action filed
328	328	8 under section 4.4 of this chapter must specify the annexation
329	329	9 ordinance upon which the action is based. The clerk of the court
330	330	10 shall deliver a certified copy of the final and unappealable judgment to
331	331	11 the clerk of the municipality. The clerk of the municipality shall:
332	332	12 (1) record the judgment in the clerk's ordinance record; and
333	333	13 (2) make a cross-reference to the record of the judgment on the
334	334	14 margin of the record of the annexation ordinance.
335	335	15 (b) If a final and unappealable judgment under section 12 or 15.5 of
336	336	16 this chapter is adverse to annexation, the municipality may not make
337	337	17 further attempts to annex the territory or any part of the territory during
338	338	18 the four (4) years after the later of:
339	339	19 (1) the judgment of the circuit or superior court; or
340	340	20 (2) the date of the final disposition of all appeals to a higher court;
341	341	21 unless the annexation is petitioned for under section 5 or 5.1 of this
342	342	22 chapter.
343	343	23 (c) This subsection applies if a municipality repeals the annexation
344	344	24 ordinance:
345	345	25 (1) less than sixty-one (61) days after the publication of the
346	346	26 ordinance under section 7(a) of this chapter; and
347	347	27 (2) before the hearing commences on the remonstrance under
348	348	28 section 11(c) of this chapter.
349	349	29 A municipality may not make further attempts to annex the territory or
350	350	30 any part of the territory during the twelve (12) months after the date the
351	351	31 municipality repeals the annexation ordinance. This subsection does
352	352	32 not prohibit an annexation of the territory or part of the territory that is
353	353	33 petitioned for under section 5 or 5.1 of this chapter.
354	354	34 (d) This subsection applies if a municipality repeals the annexation
355	355	35 ordinance:
356	356	36 (1) at least sixty-one (61) days but not more than one hundred
357	357	37 twenty (120) days after the publication of the ordinance under
358	358	38 section 7(a) of this chapter; and
359	359	39 (2) before the hearing commences on the remonstrance under
360	360	40 section 11(c) of this chapter.
361	361	41 A municipality may not make further attempts to annex the territory or
362	362	42 any part of the territory during the twenty-four (24) months after the
363	363	2022 IN 1022—LS 6363/DI 87 9
364	364	1 date the municipality repeals the annexation ordinance. This subsection
365	365	2 does not prohibit an annexation of the territory or part of the territory
366	366	3 that is petitioned for under section 5 or 5.1 of this chapter.
367	367	4 (e) This subsection applies if a municipality repeals the annexation
368	368	5 ordinance:
369	369	6 (1) either:
370	370	7 (A) at least one hundred twenty-one (121) days after
371	371	8 publication of the ordinance under section 7(a) of this chapter
372	372	9 but before the hearing commences on the remonstrance under
373	373	10 section 11(c) of this chapter; or
374	374	11 (B) after the hearing commences on the remonstrance as set
375	375	12 forth in section 11(c) of this chapter; and
376	376	13 (2) before the date of the judgment of the circuit or superior court
377	377	14 as set forth in subsection (b).
378	378	15 A municipality may not make further attempts to annex the territory or
379	379	16 any part of the territory during the forty-two (42) months after the date
380	380	17 the municipality repeals the annexation ordinance. This subsection
381	381	18 does not prohibit an annexation of the territory or part of the territory
382	382	19 that is petitioned for under section 5 or 5.1 of this chapter.
383	383	20 (f) This subsection applies only to an annexation subject to
384	384	21 section 4.4 of this chapter. A municipality may not make further
385	385	22 attempts to annex the territory or any part of the territory during
386	386	23 the four (4) years after:
387	387	24 (1) the date that the county executive denies the annexation;
388	388	25 or
389	389	26 (2) the later of the date of the:
390	390	27 (A) judgment of the circuit or superior court; or
391	391	28 (B) final disposition of all appeals to a higher court;
392	392	29 unless the annexation is petitioned for under section 5 or 5.1 of this
393	393	30 chapter.
394	394	31 (f) (g) An annexation is effective when the clerk of the municipality
395	395	32 complies with the filing requirement of section 22(a) of this chapter.
396	396	33 SECTION 6. IC 36-7-4-218, AS AMENDED BY P.L.127-2017,
397	397	34 SECTION 171, IS AMENDED TO READ AS FOLLOWS
398	398	35 [EFFECTIVE JULY 1, 2022]: Sec. 218. (a) When an initial term of
399	399	36 office of a citizen member expires, each new appointment of a citizen
400	400	37 member is:
401	401	38 (1) for a term of four (4) years (in the case of a municipal, county,
402	402	39 or area plan commission);
403	403	40 (2) for a term of three (3) years (in the case of a metropolitan plan
404	404	41 commission); or
405	405	42 (3) for a term of one (1), two (2), or three (3) years, as designated
406	406	2022 IN 1022—LS 6363/DI 87 10
407	407	1 by the appointing authority (in the case of the metropolitan
408	408	2 development commission).
409	409	3 A member serves until the member's successor is appointed and
410	410	4 qualified. A member is eligible for reappointment.
411	411	5 (b) ADVISORY. Upon the establishment of a nine (9) member
412	412	6 municipal plan commission, the citizen members shall initially be
413	413	7 appointed for the following terms of office:
414	414	8 (1) One (1) for a term of two (2) years.
415	415	9 (2) Two (2) for a term of three (3) years.
416	416	10 (3) Two (2) for a term of four (4) years.
417	417	11 Upon the establishment of a seven (7) member municipal plan
418	418	12 commission, two (2) citizen members shall initially be appointed for a
419	419	13 term of three (3) years and two (2) shall initially be appointed for a
420	420	14 term of four (4) years. Each member's term expires on the first Monday
421	421	15 of January of the second, third, or fourth year, respectively, after the
422	422	16 year of the member's appointment.
423	423	17 (c) ADVISORY. Upon the establishment of a county plan
424	424	18 commission, the citizen members shall initially be appointed for the
425	425	19 following terms of office:
426	426	20 (1) One (1) for a term of one (1) year.
427	427	21 (2) One (1) for a term of two (2) years.
428	428	22 (3) One (1) for a term of three (3) years.
429	429	23 (4) Two (2) for a term of four (4) years.
430	430	24 Each member's term expires on the first Monday of January of the first,
431	431	25 second, third, or fourth year, respectively, after the year of the
432	432	26 member's appointment.
433	433	27 (d) ADVISORY. Upon the establishment of a metropolitan plan
434	434	28 commission, the citizen members shall initially be appointed for the
435	435	29 following terms of office:
436	436	30 (1) Three (3) for a term of one (1) year, one (1) appointed by the
437	437	31 county legislative body and two (2) by the city executive.
438	438	32 (2) Two (2) for a term of two (2) years, one (1) by each appointing
439	439	33 authority.
440	440	34 (3) Two (2) for a term of three (3) years, one (1) by each
441	441	35 appointing authority.
442	442	36 (e) AREA. If there is one (1) citizen member on the area plan
443	443	37 commission, the member's initial term of office is one (1) year. If there
444	444	38 are two (2) citizen members, one (1) shall be appointed for a term of
445	445	39 one (1) year and one (1) for a term of two (2) years. If there are three
446	446	40 (3) or more citizen members, one (1) shall be appointed for a term of
447	447	41 one (1) year, one (1) for a term of two (2) years, one (1) for a term of
448	448	42 three (3) years, and any remainder for a term of four (4) years. Each
449	449	2022 IN 1022—LS 6363/DI 87 11
450	450	1 member's term expires on the first Monday of January of the first,
451	451	2 second, third, or fourth year, respectively, after the year of the
452	452	3 member's appointment.
453	453	4 (f) ADVISORY)AREA. ADVISORY. The appointing authority
454	454	5 may remove a member from the plan commission for cause. The
455	455	6 appointing authority must mail notice of the removal, along with
456	456	7 written reasons for the removal, to the member at the member's
457	457	8 residence address. A member who is removed may, within thirty (30)
458	458	9 days after receiving notice of the removal, appeal the removal to the
459	459	10 circuit or superior court of the county. The court may, pending the
460	460	11 outcome of the appeal, order the removal or stay the removal of the
461	461	12 member.
462	462	13 (g) AREA. Only the appointing authority that appointed a plan
463	463	14 commission member may remove that member from the plan
464	464	15 commission. The appointing authority may remove a plan
465	465	16 commission member only for cause. The appointing authority must
466	466	17 mail notice of the removal, along with written reasons for the
467	467	18 removal, to the member at the member's residence address. A
468	468	19 member who is removed may, within thirty (30) days after
469	469	20 receiving notice of the removal, appeal the removal to the circuit
470	470	21 or superior court of the county. The court may, pending the
471	471	22 outcome of the appeal, order the removal or stay the removal of
472	472	23 the member.
473	473	24 (g) (h) METRO. The appointing authority may remove a citizen
474	474	25 member from the metropolitan development commission. The
475	475	26 appointing authority must mail notice of the removal, along with
476	476	27 written reasons, if any, for the removal, to the member at the member's
477	477	28 residence address. A member who is removed may not appeal the
478	478	29 removal to a court or otherwise.
479	479	30 SECTION 7. IC 36-7-4-311 IS AMENDED TO READ AS
480	480	31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 311. (a) ADVISORY.
481	481	32 The advisory plan commission may appoint, prescribe the duties, and
482	482	33 fix the compensation of such employees as are necessary for the
483	483	34 discharge of the duties of the commission. This compensation must be
484	484	35 in conformity with salaries and compensation fixed up to that time by
485	485	36 the fiscal body of the municipality or county, as the case may be. The
486	486	37 commission may contract for special or temporary services and any
487	487	38 professional counsel.
488	488	39 (b) AREA. The area plan commission county legislative body shall
489	489	40 appoint an executive director for the planning department and fix the
490	490	41 director's compensation. To be qualified for the position, the executive
491	491	42 director must have training and experience in the field of planning and
492	492	2022 IN 1022—LS 6363/DI 87 12
493	493	1 zoning. The commission county legislative body may not give any
494	494	2 consideration to political affiliation in the appointment of the executive
495	495	3 director.
496	496	4 SECTION 8. IC 36-7-4-918.5, AS AMENDED BY P.L.126-2011,
497	497	5 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
498	498	6 JULY 1, 2022]: Sec. 918.5. (a) A board of zoning appeals shall approve
499	499	7 or deny variances from the development standards (such as height,
500	500	8 bulk, or area) of the zoning ordinance. The board may impose
501	501	9 reasonable conditions as a part of the board's approval. A variance may
502	502	10 be approved under this section only upon a determination in writing
503	503	11 that:
504	504	12 (1) the approval will not be injurious to the public health, safety,
505	505	13 morals, and general welfare of the community;
506	506	14 (2) the use and value of the area adjacent to the property included
507	507	15 in the variance will not be affected in a substantially adverse
508	508	16 manner; and
509	509	17 (3) the strict application of the terms of the zoning ordinance will
510	510	18 result in practical difficulties in the use of the property. However,
511	511	19 the zoning ordinance may establish a stricter standard than the
512	512	20 "practical difficulties" standard prescribed by this subdivision.
513	513	21 (b) In determining whether to approve a variance from
514	514	22 development standards of the zoning ordinance, the board must
515	515	23 consider the effect, if any, that the approval of the variance will
516	516	24 have on wells and septic systems.
517	517	25 (b) (c) Before approval of a proposal involving a structure regulated
518	518	26 under IC 8-21-10 may become effective, the board of zoning appeals
519	519	27 must have received:
520	520	28 (1) a copy of:
521	521	29 (A) the permit for the structure issued by the Indiana
522	522	30 department of transportation; or
523	523	31 (B) the Determination of No Hazard to Air Navigation issued
524	524	32 by the Federal Aviation Administration; and
525	525	33 (2) evidence that notice was delivered to a public use airport as
526	526	34 required in IC 8-21-10-3 not less than sixty (60) days before the
527	527	35 proposal is considered.
528	528	36 (c) (d) Only the plan commission (or plat committee acting on the
529	529	37 commission's behalf) may grant a waiver from standards that are fixed
530	530	38 in the subdivision control ordinance, as provided in section 702(c) of
531	531	39 this chapter.
532	532	40 SECTION 9. IC 36-7-4-920 IS AMENDED TO READ AS
533	533	41 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 920. (a) The board of
534	534	42 zoning appeals shall fix a reasonable time for the hearing of
535	535	2022 IN 1022—LS 6363/DI 87 13
536	536	1 administrative appeals, exceptions, uses, and variances.
537	537	2 (b) Public notice in accordance with IC 5-3-1-2 and IC 5-3-1-4 and
538	538	3 due notice to interested parties shall be given at least ten (10) days
539	539	4 before the date set for the hearing.
540	540	5 (c) The party taking the appeal, or applying for the exception, use,
541	541	6 or variance, may be required to assume the cost of public notice and
542	542	7 due notice to interested parties. At the hearing, each party may appear
543	543	8 in person, by agent, or by attorney.
544	544	9 (d) Except as provided in subsection (e), the board shall, by rule,
545	545	10 determine who are interested parties, how notice is to be given to them,
546	546	11 and who is required to give that notice.
547	547	12 (e) This subsection applies only to a hearing of a variance by the
548	548	13 board of zoning appeals, if the real property included in the
549	549	14 variance abuts or includes a county line, county line street, county
550	550	15 line road, or county line body of water. The following persons are
551	551	16 interested parties who must be given due notice by the persons and
552	552	17 in the manner set forth by the rules of the board of zoning appeals:
553	553	18 (1) All persons with a legal interest in the real property.
554	554	19 (2) All owners of real property within the county in which the
555	555	20 real property is primarily located:
556	556	21 (A) to a depth of three (3) ownerships; and
557	557	22 (B) not to exceed one-fourth (1/4) mile;
558	558	23 from the real property.
559	559	24 (3) All owners of real property within a county adjacent to the
560	560	25 county described in subdivision (2):
561	561	26 (A) to a depth of three (3) ownerships; and
562	562	27 (B) not to exceed one-fourth (1/4) mile;
563	563	28 from that portion of the county line, county line street, county
564	564	29 line road, or county line body of water that abuts or is
565	565	30 included in the real property subject to the variance.
566	566	31 (e) (f) The staff (as defined in the zoning ordinance), if any, may
567	567	32 appear before the board at the hearing and present evidence in support
568	568	33 of or in opposition to the granting of a variance or the determination of
569	569	34 any other matter.
570	570	35 (f) (g) Other persons may appear and present relevant evidence.
571	571	36 (g) (h) A person may not communicate with any member of the
572	572	37 board before the hearing with intent to influence the member's action
573	573	38 on a matter pending before the board. Not less than five (5) days before
574	574	39 the hearing, however, the staff (as defined in the zoning ordinance), if
575	575	40 any, may file with the board a written statement setting forth any facts
576	576	41 or opinions relating to the matter.
577	577	42 (h) (i) The board may require any party adverse to any pending
578	578	2022 IN 1022—LS 6363/DI 87 14
579	579	1 petition to enter a written appearance specifying the party's name and
580	580	2 address. If the written appearance is entered more than four (4) days
581	581	3 before the hearing, the board may also require the petitioner to furnish
582	582	4 each adverse party with a copy of the petition and a plot plan of the
583	583	5 property involved.
584	584	6 SECTION 10. IC 36-7-4-923, AS AMENDED BY P.L.126-2011,
585	585	7 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
586	586	8 JULY 1, 2022]: Sec. 923. (a) This section allows the establishment of
587	587	9 an alternate procedure under which there can be a more expedient
588	588	10 disposition of certain matters that otherwise would be heard by a board
589	589	11 of zoning appeals. When authorized by ordinance or by rules of the
590	590	12 plan commission, a hearing officer has the power of a board of zoning
591	591	13 appeals to approve or deny, through the alternate procedure allowed by
592	592	14 this section:
593	593	15 (1) a variance from the development standards of the zoning
594	594	16 ordinance in accordance with section 918.5 of this chapter; or
595	595	17 (2) a special exception, special use, contingent use, or conditional
596	596	18 use from the terms of the zoning ordinance in accordance with
597	597	19 section 918.2 of this chapter; or
598	598	20 (3) a variance of use from the terms of the zoning ordinance in
599	599	21 accordance with section 918.4 of this chapter. However, the
600	600	22 authority of a hearing officer under this subdivision may be
601	601	23 exercised only if:
602	602	24 (A) the area planning law is not applicable; and
603	603	25 (B) the variance of use would allow all of the following:
604	604	26 (i) The expansion of a use currently existing on the tract.
605	605	27 (ii) A use that is consistent with the comprehensive plan.
606	606	28 (b) All requirements for variances, exceptions, and uses imposed by
607	607	29 the 900 series of this chapter apply to the alternate procedure, except
608	608	30 to the extent that a provision of section 924 of this chapter imposes a
609	609	31 different requirement.
610	610	32 (c) The alternate procedure does not apply in any excluded city as
611	611	33 described in IC 36-3-1-7. Sections 919(f) and 922 of this chapter do not
612	612	34 apply to the alternate procedure.
613	613	35 (d) The hearing officer (who may be a board member, a staff
614	614	36 member, or any other person) shall be appointed by the plan
615	615	37 commission. More than one (1) hearing officer may be appointed. A
616	616	38 hearing officer may be removed from the officer's responsibilities at
617	617	39 any time by the plan commission.
618	618	40 (e) The plan commission may adopt other rules or recommend
619	619	41 ordinances for the alternate procedure not inconsistent with the 900
620	620	42 series of this chapter. These rules or ordinances may specify the period
621	621	2022 IN 1022—LS 6363/DI 87 15
622	622	1 during which the staff may indicate whether the staff objects to the
623	623	2 proposed variance, exception, or use. These rules or ordinances may
624	624	3 also provide for public notice and due notice to interested parties in
625	625	4 accordance with section 920(b), 920(c), and 920(d), and 920(e) of this
626	626	5 chapter. but However, with regard to rules and ordinances
627	627	6 providing for public notice and due notice in accordance with
628	628	7 section 920(b), 920(c), or 920(d) of this chapter, the rules or
629	629	8 ordinances may, because of the nature of the petitions heard under the
630	630	9 alternate procedure, provide for a less inclusive definition of
631	631	10 "interested person" and provide for a quicker and less burdensome
632	632	11 method of giving notice to interested persons than rules applicable to
633	633	12 petitions not filed under the alternate procedure.
634	634	13 (f) METRO. For purposes of subsection (d), the director of the
635	635	14 department of metropolitan development shall nominate, and the plan
636	636	15 commission shall appoint, all hearing officers. Such a hearing officer
637	637	16 may be removed from the officer's responsibilities at any time by either
638	638	17 the director or the plan commission.
639	639	18 (g) METRO. The plan commission may, if requested by a historic
640	640	19 preservation commission created under IC 36-7-11.1-3, appoint:
641	641	20 (1) a member of the historic preservation commission;
642	642	21 (2) a member of the historic preservation staff; or
643	643	22 (3) a person who is an employee of the department of
644	644	23 metropolitan development;
645	645	24 as a hearing officer to act in a historic area or historic zoning district
646	646	25 created under IC 36-7-11.1-6. The hearing officer may be removed
647	647	26 from the hearing officer's responsibilities at any time by either the
648	648	27 historic preservation commission or the plan commission.
649	649	28 SECTION 11. IC 36-7-4-1606, AS AMENDED BY P.L.71-2020,
650	650	29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
651	651	30 JULY 1, 2022]: Sec. 1606. (a) Venue is in the judicial district where
652	652	31 the land affected by the zoning decision is located.
653	653	32 (b) If more than one (1) person may be aggrieved by the zoning
654	654	33 decision, only one (1) proceeding for review may be had, and the court
655	655	34 in which a petition for review is first properly filed has jurisdiction.
656	656	35 (c) The rules of procedure governing civil actions in the courts
657	657	36 govern pleadings and requests under this chapter for a change of judge
658	658	37 or change of venue to another judicial district described in subsection
659	659	38 (a).
660	660	39 (d) Each person who:
661	661	40 (1) was a petitioner or applicant at the hearing before the board;
662	662	41 or
663	663	42 (2) is aggrieved by the zoning decision and entered a written
664	664	2022 IN 1022—LS 6363/DI 87 16
665	665	1 appearance as an adverse party to the petitioner or applicant
666	666	2 before the board hearing that led to the zoning decision, as
667	667	3 described in section 920(h) 920(i) of this chapter;
668	668	4 is a party to the petition for review.
669	669	5 (e) Any other person who participated, in the manner described in
670	670	6 section 1603(a)(2) of this chapter, in the board hearing that led to the
671	671	7 zoning decision may, not later than five (5) days after the decision is
672	672	8 made, file with the board a written request that the person receive
673	673	9 notice of any petition for review that may be filed. The written request
674	674	10 must include the person's full name and correct mailing address and a
675	675	11 reference to the board's docket number relative to the zoning decision.
676	676	12 (f) Any person who has standing under section 1603(a)(2),
677	677	13 1603(a)(3), or 1603(a)(4) of this chapter has an unconditional right to
678	678	14 intervene in a proceeding for review. A motion to intervene in a
679	679	15 proceeding for review shall be filed in the manner provided by the rules
680	680	16 of procedure governing civil actions in courts.
681	681	2022 IN 1022—LS 6363/DI 87