Introduced Version
HOUSE BILL No. 1022
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-4-3; IC 36-7-4.
Synopsis: Annexation and zoning. Provides the following with regard
to an annexation of territory (territory) that is at least 80% contiguous
to the municipality: (1) The municipality must conduct three (instead
of six) public information meetings regarding the proposed annexation.
(2) A landowner may not remonstrate against the annexation. (3) The
county executive may void the annexation. (4) A landowner may file
a court action to void an annexation on the grounds that the
municipality failed to fulfill certain statutory requirements. If
successful, the landowner may collect attorney's fees and costs. (5) If
voided, a municipality may not attempt another annexation of the
territory for four years. Specifies, with regard to a request for a variance
on property abutting a county line, who is an interested party and must
be given notice of the variance hearing. Requires a board of zoning
appeals to consider any effect that approval of a variance from
development standards may have on wells and septic systems. Makes
the following changes with regard to area plan commissions: (1)
Allows only the appointing authority to remove a member of an area
plan commission. (2) Requires the county legislative body (instead of
the area plan commission) to appoint the executive director for an area
planning department.
Effective: July 1, 2022.
Thompson
January 4, 2022, read first time and referred to Committee on Local Government.
2022 IN 1022—LS 6363/DI 87 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1022
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 36-4-3-1.7, AS AMENDED BY P.L.206-2016,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 1.7. (a) This section applies only to an annexation
4 ordinance adopted after June 30, 2015. This section does not apply to
5 an annexation under section 5.1 of this chapter.
6 (b) Not earlier than six (6) months before a municipality introduces
7 an annexation ordinance, the municipality shall conduct an outreach
8 program to inform citizens regarding the proposed annexation.
9 (c) For an annexation:
10 (1) under section 3 or 4 of this chapter, the outreach program
11 must conduct:
12 (A) at least six (6) public information meetings regarding the
13 proposed annexation; or
14 (B) at least three (3) public information meetings
15 regarding the proposed annexation, if the annexation is
16 subject to section 4.4 of this chapter; or
17 (2) For an annexation under section 5 of this chapter, the outreach
2022 IN 1022—LS 6363/DI 87 2
1 program must conduct at least three (3) public information
2 meetings regarding the proposed annexation.
3 (d) The public information meetings must provide citizens with the
4 following information:
5 (1) Maps showing the proposed boundaries of the annexation
6 territory.
7 (2) Proposed plans for extension of capital and noncapital
8 services in the annexation territory, including proposed dates of
9 extension.
10 (3) Expected fiscal impact on taxpayers in the annexation
11 territory, including any increase in taxes and fees.
12 (c) (e) The municipality shall provide notice of the dates, times, and
13 locations of the outreach program meetings. The municipality shall
14 publish the notice of the meetings under IC 5-3-1, including the date,
15 time, and location of the meetings, except that notice must be published
16 not later than thirty (30) days before the date of each meeting. The
17 municipality shall also send notice to each owner of land within the
18 annexation territory not later than thirty (30) days before the date of the
19 first meeting of the outreach program. The notice to landowners shall
20 be sent by first class mail, certified mail with return receipt requested,
21 or any other means of delivery that includes a return receipt and must
22 include the following information:
23 (1) The notice must inform the landowner that the municipality is
24 proposing to annex territory that includes the landowner's
25 property.
26 (2) The municipality is conducting an outreach program for the
27 purpose of providing information to landowners and the public
28 regarding the proposed annexation.
29 (3) The date, time, and location of the meetings to be conducted
30 under the outreach program.
31 (d) (f) The notice shall be sent to the address of the landowner as
32 listed on the tax duplicate. If the municipality provides evidence that
33 the notice was sent:
34 (1) by certified mail, with return receipt requested or any other
35 means of delivery that includes a return receipt; and
36 (2) in accordance with this section;
37 it is not necessary that the landowner accept receipt of the notice. If a
38 remonstrance is filed under section 11 of this chapter, the municipality
39 shall file with the court proof that notices were sent to landowners
40 under this section and proof of publication.
41 (e) (g) The notice required under this section is in addition to any
42 notice required under sections 2.1 and 2.2 of this chapter.
2022 IN 1022—LS 6363/DI 87 3
1 SECTION 2. IC 36-4-3-4.4 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2022]: Sec. 4.4. (a) This section applies to an annexation that
4 satisfies all of the following:
5 (1) Eighty percent (80%) of the boundary of the proposed
6 annexation territory is contiguous to the municipality.
7 (2) The municipal legislative body adopts the annexation
8 ordinance after June 30, 2022.
9 (b) The municipality must file a copy of the adopted annexation
10 ordinance and fiscal plan:
11 (1) with the county executive body of each county in which the
12 annexation territory is located; and
13 (2) not later than five (5) business days after the date that the
14 annexation ordinance is adopted.
15 (c) The annexation is void without further proceedings if, not
16 later than sixty (60) days after the date the ordinance and fiscal
17 plan are filed, at least a majority of members of the county
18 executive vote to deny the annexation. The county executive may
19 deny the annexation:
20 (1) for any reason; and
21 (2) without making written findings.
22 If the annexation territory is located in two (2) or more counties,
23 the annexation is void if a single county executive votes to deny the
24 annexation. A county executive's denial of an annexation is not
25 subject to judicial review.
26 (d) If a county executive does not deny the annexation, the
27 annexation becomes effective in accordance with section 7 of this
28 chapter, unless an action to void the annexation is filed:
29 (1) by any owner of property within the proposed annexation
30 territory in a court of competent jurisdiction in the county in
31 which the municipality is primarily located; and
32 (2) not later than ninety (90) days after the date the
33 annexation ordinance and fiscal plan are filed with the county
34 executive.
35 If the annexation territory is located in two (2) or more counties,
36 the date that the ordinance and fiscal plan were filed with the last
37 county executive is the determining date for calculating the time
38 period within which to file an action.
39 (e) The court shall hear and determine the action without a jury.
40 If the court finds that the plaintiff has presented sufficient evidence
41 of any one (1) of the following, the court shall enter an order to
42 void the annexation:
2022 IN 1022—LS 6363/DI 87 4
1 (1) The annexation territory is not eighty percent (80%)
2 contiguous to the municipality.
3 (2) The municipality failed to comply with the outreach
4 program or notice requirements of section 1.7 of this chapter.
5 (3) The municipality failed to comply with notice and public
6 hearing requirements under section 2.1 or 2.2 of this chapter.
7 (4) The municipality failed to adopt a fiscal plan that meets
8 the requirements set forth in section 13 of this chapter and as
9 required under section 3.1 of this chapter.
10 (f) If the court enters an order to void an annexation, the
11 plaintiffs shall be reimbursed by the municipality for any
12 reasonable attorney's fees, including litigation expenses and appeal
13 costs:
14 (1) that are incurred:
15 (A) after the date the annexation ordinance is adopted; and
16 (B) in pursuing an action under this section; and
17 (2) not to exceed thirty-seven thousand five hundred dollars
18 ($37,500).
19 (g) A remonstrance under section 11 of this chapter or an
20 appeal under section 15.5 of this chapter may not be filed with
21 regard to an annexation to which this section applies.
22 SECTION 3. IC 36-4-3-7, AS AMENDED BY P.L.236-2019,
23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 7. (a) After an ordinance is adopted under section
25 3, 4, 5, or 5.1 of this chapter, it must be published in the manner
26 prescribed by IC 5-3-1. Except as provided in subsection (b), (c), (d),
27 or (f), in the absence of:
28 (1) remonstrance and appeal under section 11 or 15.5 of this
29 chapter; or
30 (2) the filing of an action in court under section 4.4 of this
31 chapter to void an annexation;
32 the ordinance takes effect at least ninety (90) days after its publication
33 and upon the filing required by section 22(a) of this chapter.
34 (b) An ordinance described in subsection (d) or adopted under
35 section 3, 4, 5, or 5.1 of this chapter may not take effect during the year
36 preceding a year in which a federal decennial census is conducted. An
37 ordinance that would otherwise take effect during the year preceding
38 a year in which a federal decennial census is conducted takes effect
39 January 1 of the year in which a federal decennial census is conducted.
40 (c) Subsections (d) and (e) apply to fire protection districts that are
41 established after July 1, 1987, and to which subsection (g) does not
apply. 42 For the purposes of this section, territory that has been:
2022 IN 1022—LS 6363/DI 87 5
1 (1) added to an existing fire protection district under
2 IC 36-8-11-11; or
3 (2) approved by ordinance of the county legislative body to be
4 added to an existing fire protection district under IC 36-8-11-11,
5 notwithstanding that the territory's addition to the fire protection
6 district has not yet taken effect;
7 shall be considered a part of the fire protection district as of the date
8 that the fire protection district was originally established.
(d) Except as provided in subsection (b), 9 whenever a municipality
10 annexes territory, all or part of which lies within a fire protection
11 district (IC 36-8-11), the annexation ordinance (in the absence of
12 remonstrance and appeal under section 11 or 15.5 of this chapter) takes
13 effect the second January 1 that follows the date the ordinance is
14 adopted and upon the filing required by section 22(a) of this chapter.
15 Except in the case of an annexation to which subsection (g) applies, the
16 municipality shall:
17 (1) provide fire protection to that territory beginning the date the
18 ordinance is effective; and
19 (2) send written notice to the fire protection district of the date the
20 municipality will begin to provide fire protection to the annexed
21 territory within ten (10) days of the date the ordinance is adopted.
22 (e) If the fire protection district from which a municipality annexes
23 territory under subsection (d) is indebted or has outstanding unpaid
24 bonds or other obligations at the time the annexation is effective, the
25 municipality is liable for and shall pay that indebtedness in the same
26 ratio as the assessed valuation of the property in the annexed territory
27 (that is part of the fire protection district) bears to the assessed
28 valuation of all property in the fire protection district, as shown by the
29 most recent assessment for taxation before the annexation, unless the
30 assessed property within the municipality is already liable for the
31 indebtedness. The annexing municipality shall pay its indebtedness
32 under this section to the board of fire trustees. If the indebtedness
33 consists of outstanding unpaid bonds or notes of the fire protection
34 district, the payments to the board of fire trustees shall be made as the
35 principal or interest on the bonds or notes becomes due.
36 (f) This subsection applies to an annexation initiated by property
37 owners under section 5.1 of this chapter in which all property owners
38 within the area to be annexed petition the municipality to be annexed.
39 Subject to subsections (b) and (d), and in the absence of an appeal
40 under section 15.5 of this chapter, an annexation ordinance takes effect
41 at least thirty (30) days after its publication and upon the filing required
42 by section 22(a) of this chapter.
2022 IN 1022—LS 6363/DI 87 6
1 (g) Whenever a municipality annexes territory that lies within a fire
2 protection district that has a total net assessed value (as determined by
3 the county auditor) of more than one billion dollars ($1,000,000,000)
4 on the date the annexation ordinance is adopted:
5 (1) the annexed area shall remain a part of the fire protection
6 district after the annexation takes effect; and
7 (2) the fire protection district shall continue to provide fire
8 protection services to the annexed area.
9 The municipality shall not tax the annexed territory for fire protection
10 services. The annexing municipality shall establish a special fire fund
11 for all fire protection services that are provided by the municipality
12 within the area of the municipality that is not within the fire protection
13 district, and which shall not be assessed to the annexed special taxing
14 district. The annexed territory that lies within the fire protection district
15 shall continue to be part of the fire protection district special taxing
16 district.
17 SECTION 4. IC 36-4-3-11, AS AMENDED BY P.L.206-2016,
18 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 11. (a) This subsection applies only to an
20 annexation for which an annexation ordinance was adopted before July
21 1, 2015. Except as provided in section 5.1(i) of this chapter and
22 subsections (e) and (f), whenever territory is annexed by a municipality
23 under this chapter, the annexation may be appealed by filing with the
24 circuit or superior court of a county in which the annexed territory is
25 located a written remonstrance signed by:
26 (1) at least sixty-five percent (65%) of the owners of land in the
27 annexed territory; or
28 (2) the owners of more than seventy-five percent (75%) in
29 assessed valuation of the land in the annexed territory.
30 The remonstrance must be filed within ninety (90) days after the
31 publication of the annexation ordinance under section 7 of this chapter,
32 must be accompanied by a copy of that ordinance, and must state the
33 reason why the annexation should not take place.
34 (b) This subsection applies only to an annexation for which an
35 annexation ordinance was adopted before July 1, 2015. On receipt of
36 the remonstrance, the court shall determine whether the remonstrance
37 has the necessary signatures. In determining the total number of
38 landowners of the annexed territory and whether signers of the
39 remonstrance are landowners, the names appearing on the tax duplicate
40 for that territory constitute prima facie evidence of ownership. Only
41 one (1) person having an interest in each single property, as evidenced
42 by the tax duplicate, is considered a landowner for purposes of this
2022 IN 1022—LS 6363/DI 87 7
1 section.
2 (c) This subsection applies only to an annexation for which an
3 annexation ordinance was adopted before July 1, 2015. If the court
4 determines that the remonstrance is sufficient, the court shall fix a time,
5 within sixty (60) days after the court's determination, for a hearing on
6 the remonstrance. Notice of the proceedings, in the form of a summons,
7 shall be served on the annexing municipality. The municipality is the
8 defendant in the cause and shall appear and answer.
9 (d) This subsection applies only to an annexation for which an
10 annexation ordinance was adopted after June 30, 2015. If the
11 requirements of section 11.3(c) or (after December 31, 2016) section
12 11.4 of this chapter are met, the annexation may be appealed by filing
13 with the circuit or superior court of a county in which the annexed
14 territory is located:
15 (1) the signed remonstrances filed with the county auditor;
16 (2) the county auditor's certification under section 11.2(i) of this
17 chapter;
18 (3) the annexation ordinance; and
19 (4) a statement of the reason why the annexation should not take
20 place.
21 The remonstrance must be filed with the court not later than fifteen
22 (15) business days after the date the county auditor files the certificate
23 with the legislative body under section 11.2(i) of this chapter. After a
24 remonstrance petition is filed with the court, any person who signed a
25 remonstrance may file with the court a verified, written revocation of
26 the person's opposition to the annexation.
27 (e) If an annexation is:
28 (1) initiated by property owners under section 5.1 of this chapter
29 and all property owners within the area to be annexed petition the
30 municipality to be annexed; or
31 (2) subject to section 4.4 of this chapter;
32 a remonstrance to the annexation may not be filed under this section.
33 (f) This subsection applies only to an annexation for which an
34 annexation ordinance is adopted before July 1, 2015. This subsection
35 applies if:
36 (1) the territory to be annexed consists of not more than one
37 hundred (100) parcels; and
38 (2) eighty percent (80%) of the boundary of the territory proposed
39 to be annexed is contiguous to the municipality.
40 An annexation may be appealed by filing with the circuit or superior
41 court of a county in which the annexed territory is located a written
42 remonstrance signed by at least seventy-five percent (75%) of the
2022 IN 1022—LS 6363/DI 87 8
1 owners of land in the annexed territory as determined under subsection
2 (b).
3 SECTION 5. IC 36-4-3-15, AS AMENDED BY P.L.228-2015,
4 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2022]: Sec. 15. (a) The court's judgment under section 12 or
6 15.5 of this chapter must specify the annexation ordinance on which
7 the remonstrance is based. The court's judgment in an action filed
8 under section 4.4 of this chapter must specify the annexation
9 ordinance upon which the action is based. The clerk of the court
10 shall deliver a certified copy of the final and unappealable judgment to
11 the clerk of the municipality. The clerk of the municipality shall:
12 (1) record the judgment in the clerk's ordinance record; and
13 (2) make a cross-reference to the record of the judgment on the
14 margin of the record of the annexation ordinance.
15 (b) If a final and unappealable judgment under section 12 or 15.5 of
16 this chapter is adverse to annexation, the municipality may not make
17 further attempts to annex the territory or any part of the territory during
18 the four (4) years after the later of:
19 (1) the judgment of the circuit or superior court; or
20 (2) the date of the final disposition of all appeals to a higher court;
21 unless the annexation is petitioned for under section 5 or 5.1 of this
22 chapter.
23 (c) This subsection applies if a municipality repeals the annexation
24 ordinance:
25 (1) less than sixty-one (61) days after the publication of the
26 ordinance under section 7(a) of this chapter; and
27 (2) before the hearing commences on the remonstrance under
28 section 11(c) of this chapter.
29 A municipality may not make further attempts to annex the territory or
30 any part of the territory during the twelve (12) months after the date the
31 municipality repeals the annexation ordinance. This subsection does
32 not prohibit an annexation of the territory or part of the territory that is
33 petitioned for under section 5 or 5.1 of this chapter.
34 (d) This subsection applies if a municipality repeals the annexation
35 ordinance:
36 (1) at least sixty-one (61) days but not more than one hundred
37 twenty (120) days after the publication of the ordinance under
38 section 7(a) of this chapter; and
39 (2) before the hearing commences on the remonstrance under
40 section 11(c) of this chapter.
41 A municipality may not make further attempts to annex the territory or
42 any part of the territory during the twenty-four (24) months after the
2022 IN 1022—LS 6363/DI 87 9
1 date the municipality repeals the annexation ordinance. This subsection
2 does not prohibit an annexation of the territory or part of the territory
3 that is petitioned for under section 5 or 5.1 of this chapter.
4 (e) This subsection applies if a municipality repeals the annexation
5 ordinance:
6 (1) either:
7 (A) at least one hundred twenty-one (121) days after
8 publication of the ordinance under section 7(a) of this chapter
9 but before the hearing commences on the remonstrance under
10 section 11(c) of this chapter; or
11 (B) after the hearing commences on the remonstrance as set
12 forth in section 11(c) of this chapter; and
13 (2) before the date of the judgment of the circuit or superior court
14 as set forth in subsection (b).
15 A municipality may not make further attempts to annex the territory or
16 any part of the territory during the forty-two (42) months after the date
17 the municipality repeals the annexation ordinance. This subsection
18 does not prohibit an annexation of the territory or part of the territory
19 that is petitioned for under section 5 or 5.1 of this chapter.
20 (f) This subsection applies only to an annexation subject to
21 section 4.4 of this chapter. A municipality may not make further
22 attempts to annex the territory or any part of the territory during
23 the four (4) years after:
24 (1) the date that the county executive denies the annexation;
25 or
26 (2) the later of the date of the:
27 (A) judgment of the circuit or superior court; or
28 (B) final disposition of all appeals to a higher court;
29 unless the annexation is petitioned for under section 5 or 5.1 of this
30 chapter.
31 (f) (g) An annexation is effective when the clerk of the municipality
32 complies with the filing requirement of section 22(a) of this chapter.
33 SECTION 6. IC 36-7-4-218, AS AMENDED BY P.L.127-2017,
34 SECTION 171, IS AMENDED TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2022]: Sec. 218. (a) When an initial term of
36 office of a citizen member expires, each new appointment of a citizen
37 member is:
38 (1) for a term of four (4) years (in the case of a municipal, county,
39 or area plan commission);
40 (2) for a term of three (3) years (in the case of a metropolitan plan
41 commission); or
42 (3) for a term of one (1), two (2), or three (3) years, as designated
2022 IN 1022—LS 6363/DI 87 10
1 by the appointing authority (in the case of the metropolitan
2 development commission).
3 A member serves until the member's successor is appointed and
4 qualified. A member is eligible for reappointment.
5 (b) ADVISORY. Upon the establishment of a nine (9) member
6 municipal plan commission, the citizen members shall initially be
7 appointed for the following terms of office:
8 (1) One (1) for a term of two (2) years.
9 (2) Two (2) for a term of three (3) years.
10 (3) Two (2) for a term of four (4) years.
11 Upon the establishment of a seven (7) member municipal plan
12 commission, two (2) citizen members shall initially be appointed for a
13 term of three (3) years and two (2) shall initially be appointed for a
14 term of four (4) years. Each member's term expires on the first Monday
15 of January of the second, third, or fourth year, respectively, after the
16 year of the member's appointment.
17 (c) ADVISORY. Upon the establishment of a county plan
18 commission, the citizen members shall initially be appointed for the
19 following terms of office:
20 (1) One (1) for a term of one (1) year.
21 (2) One (1) for a term of two (2) years.
22 (3) One (1) for a term of three (3) years.
23 (4) Two (2) for a term of four (4) years.
24 Each member's term expires on the first Monday of January of the first,
25 second, third, or fourth year, respectively, after the year of the
26 member's appointment.
27 (d) ADVISORY. Upon the establishment of a metropolitan plan
28 commission, the citizen members shall initially be appointed for the
29 following terms of office:
30 (1) Three (3) for a term of one (1) year, one (1) appointed by the
31 county legislative body and two (2) by the city executive.
32 (2) Two (2) for a term of two (2) years, one (1) by each appointing
33 authority.
34 (3) Two (2) for a term of three (3) years, one (1) by each
35 appointing authority.
36 (e) AREA. If there is one (1) citizen member on the area plan
37 commission, the member's initial term of office is one (1) year. If there
38 are two (2) citizen members, one (1) shall be appointed for a term of
39 one (1) year and one (1) for a term of two (2) years. If there are three
40 (3) or more citizen members, one (1) shall be appointed for a term of
41 one (1) year, one (1) for a term of two (2) years, one (1) for a term of
42 three (3) years, and any remainder for a term of four (4) years. Each
2022 IN 1022—LS 6363/DI 87 11
1 member's term expires on the first Monday of January of the first,
2 second, third, or fourth year, respectively, after the year of the
3 member's appointment.
4 (f) ADVISORY)AREA. ADVISORY. The appointing authority
5 may remove a member from the plan commission for cause. The
6 appointing authority must mail notice of the removal, along with
7 written reasons for the removal, to the member at the member's
8 residence address. A member who is removed may, within thirty (30)
9 days after receiving notice of the removal, appeal the removal to the
10 circuit or superior court of the county. The court may, pending the
11 outcome of the appeal, order the removal or stay the removal of the
12 member.
13 (g) AREA. Only the appointing authority that appointed a plan
14 commission member may remove that member from the plan
15 commission. The appointing authority may remove a plan
16 commission member only for cause. The appointing authority must
17 mail notice of the removal, along with written reasons for the
18 removal, to the member at the member's residence address. A
19 member who is removed may, within thirty (30) days after
20 receiving notice of the removal, appeal the removal to the circuit
21 or superior court of the county. The court may, pending the
22 outcome of the appeal, order the removal or stay the removal of
23 the member.
24 (g) (h) METRO. The appointing authority may remove a citizen
25 member from the metropolitan development commission. The
26 appointing authority must mail notice of the removal, along with
27 written reasons, if any, for the removal, to the member at the member's
28 residence address. A member who is removed may not appeal the
29 removal to a court or otherwise.
30 SECTION 7. IC 36-7-4-311 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 311. (a) ADVISORY.
32 The advisory plan commission may appoint, prescribe the duties, and
33 fix the compensation of such employees as are necessary for the
34 discharge of the duties of the commission. This compensation must be
35 in conformity with salaries and compensation fixed up to that time by
36 the fiscal body of the municipality or county, as the case may be. The
37 commission may contract for special or temporary services and any
38 professional counsel.
39 (b) AREA. The area plan commission county legislative body shall
40 appoint an executive director for the planning department and fix the
41 director's compensation. To be qualified for the position, the executive
42 director must have training and experience in the field of planning and
2022 IN 1022—LS 6363/DI 87 12
1 zoning. The commission county legislative body may not give any
2 consideration to political affiliation in the appointment of the executive
3 director.
4 SECTION 8. IC 36-7-4-918.5, AS AMENDED BY P.L.126-2011,
5 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 918.5. (a) A board of zoning appeals shall approve
7 or deny variances from the development standards (such as height,
8 bulk, or area) of the zoning ordinance. The board may impose
9 reasonable conditions as a part of the board's approval. A variance may
10 be approved under this section only upon a determination in writing
11 that:
12 (1) the approval will not be injurious to the public health, safety,
13 morals, and general welfare of the community;
14 (2) the use and value of the area adjacent to the property included
15 in the variance will not be affected in a substantially adverse
16 manner; and
17 (3) the strict application of the terms of the zoning ordinance will
18 result in practical difficulties in the use of the property. However,
19 the zoning ordinance may establish a stricter standard than the
20 "practical difficulties" standard prescribed by this subdivision.
21 (b) In determining whether to approve a variance from
22 development standards of the zoning ordinance, the board must
23 consider the effect, if any, that the approval of the variance will
24 have on wells and septic systems.
25 (b) (c) Before approval of a proposal involving a structure regulated
26 under IC 8-21-10 may become effective, the board of zoning appeals
27 must have received:
28 (1) a copy of:
29 (A) the permit for the structure issued by the Indiana
30 department of transportation; or
31 (B) the Determination of No Hazard to Air Navigation issued
32 by the Federal Aviation Administration; and
33 (2) evidence that notice was delivered to a public use airport as
34 required in IC 8-21-10-3 not less than sixty (60) days before the
35 proposal is considered.
36 (c) (d) Only the plan commission (or plat committee acting on the
37 commission's behalf) may grant a waiver from standards that are fixed
38 in the subdivision control ordinance, as provided in section 702(c) of
39 this chapter.
40 SECTION 9. IC 36-7-4-920 IS AMENDED TO READ AS
41 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 920. (a) The board of
42 zoning appeals shall fix a reasonable time for the hearing of
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1 administrative appeals, exceptions, uses, and variances.
2 (b) Public notice in accordance with IC 5-3-1-2 and IC 5-3-1-4 and
3 due notice to interested parties shall be given at least ten (10) days
4 before the date set for the hearing.
5 (c) The party taking the appeal, or applying for the exception, use,
6 or variance, may be required to assume the cost of public notice and
7 due notice to interested parties. At the hearing, each party may appear
8 in person, by agent, or by attorney.
9 (d) Except as provided in subsection (e), the board shall, by rule,
10 determine who are interested parties, how notice is to be given to them,
11 and who is required to give that notice.
12 (e) This subsection applies only to a hearing of a variance by the
13 board of zoning appeals, if the real property included in the
14 variance abuts or includes a county line, county line street, county
15 line road, or county line body of water. The following persons are
16 interested parties who must be given due notice by the persons and
17 in the manner set forth by the rules of the board of zoning appeals:
18 (1) All persons with a legal interest in the real property.
19 (2) All owners of real property within the county in which the
20 real property is primarily located:
21 (A) to a depth of three (3) ownerships; and
22 (B) not to exceed one-fourth (1/4) mile;
23 from the real property.
24 (3) All owners of real property within a county adjacent to the
25 county described in subdivision (2):
26 (A) to a depth of three (3) ownerships; and
27 (B) not to exceed one-fourth (1/4) mile;
28 from that portion of the county line, county line street, county
29 line road, or county line body of water that abuts or is
30 included in the real property subject to the variance.
31 (e) (f) The staff (as defined in the zoning ordinance), if any, may
32 appear before the board at the hearing and present evidence in support
33 of or in opposition to the granting of a variance or the determination of
34 any other matter.
35 (f) (g) Other persons may appear and present relevant evidence.
36 (g) (h) A person may not communicate with any member of the
37 board before the hearing with intent to influence the member's action
38 on a matter pending before the board. Not less than five (5) days before
39 the hearing, however, the staff (as defined in the zoning ordinance), if
40 any, may file with the board a written statement setting forth any facts
41 or opinions relating to the matter.
42 (h) (i) The board may require any party adverse to any pending
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1 petition to enter a written appearance specifying the party's name and
2 address. If the written appearance is entered more than four (4) days
3 before the hearing, the board may also require the petitioner to furnish
4 each adverse party with a copy of the petition and a plot plan of the
5 property involved.
6 SECTION 10. IC 36-7-4-923, AS AMENDED BY P.L.126-2011,
7 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 923. (a) This section allows the establishment of
9 an alternate procedure under which there can be a more expedient
10 disposition of certain matters that otherwise would be heard by a board
11 of zoning appeals. When authorized by ordinance or by rules of the
12 plan commission, a hearing officer has the power of a board of zoning
13 appeals to approve or deny, through the alternate procedure allowed by
14 this section:
15 (1) a variance from the development standards of the zoning
16 ordinance in accordance with section 918.5 of this chapter; or
17 (2) a special exception, special use, contingent use, or conditional
18 use from the terms of the zoning ordinance in accordance with
19 section 918.2 of this chapter; or
20 (3) a variance of use from the terms of the zoning ordinance in
21 accordance with section 918.4 of this chapter. However, the
22 authority of a hearing officer under this subdivision may be
23 exercised only if:
24 (A) the area planning law is not applicable; and
25 (B) the variance of use would allow all of the following:
26 (i) The expansion of a use currently existing on the tract.
27 (ii) A use that is consistent with the comprehensive plan.
28 (b) All requirements for variances, exceptions, and uses imposed by
29 the 900 series of this chapter apply to the alternate procedure, except
30 to the extent that a provision of section 924 of this chapter imposes a
31 different requirement.
32 (c) The alternate procedure does not apply in any excluded city as
33 described in IC 36-3-1-7. Sections 919(f) and 922 of this chapter do not
34 apply to the alternate procedure.
35 (d) The hearing officer (who may be a board member, a staff
36 member, or any other person) shall be appointed by the plan
37 commission. More than one (1) hearing officer may be appointed. A
38 hearing officer may be removed from the officer's responsibilities at
39 any time by the plan commission.
40 (e) The plan commission may adopt other rules or recommend
41 ordinances for the alternate procedure not inconsistent with the 900
42 series of this chapter. These rules or ordinances may specify the period
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1 during which the staff may indicate whether the staff objects to the
2 proposed variance, exception, or use. These rules or ordinances may
3 also provide for public notice and due notice to interested parties in
4 accordance with section 920(b), 920(c), and 920(d), and 920(e) of this
5 chapter. but However, with regard to rules and ordinances
6 providing for public notice and due notice in accordance with
7 section 920(b), 920(c), or 920(d) of this chapter, the rules or
8 ordinances may, because of the nature of the petitions heard under the
9 alternate procedure, provide for a less inclusive definition of
10 "interested person" and provide for a quicker and less burdensome
11 method of giving notice to interested persons than rules applicable to
12 petitions not filed under the alternate procedure.
13 (f) METRO. For purposes of subsection (d), the director of the
14 department of metropolitan development shall nominate, and the plan
15 commission shall appoint, all hearing officers. Such a hearing officer
16 may be removed from the officer's responsibilities at any time by either
17 the director or the plan commission.
18 (g) METRO. The plan commission may, if requested by a historic
19 preservation commission created under IC 36-7-11.1-3, appoint:
20 (1) a member of the historic preservation commission;
21 (2) a member of the historic preservation staff; or
22 (3) a person who is an employee of the department of
23 metropolitan development;
24 as a hearing officer to act in a historic area or historic zoning district
25 created under IC 36-7-11.1-6. The hearing officer may be removed
26 from the hearing officer's responsibilities at any time by either the
27 historic preservation commission or the plan commission.
28 SECTION 11. IC 36-7-4-1606, AS AMENDED BY P.L.71-2020,
29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 1606. (a) Venue is in the judicial district where
31 the land affected by the zoning decision is located.
32 (b) If more than one (1) person may be aggrieved by the zoning
33 decision, only one (1) proceeding for review may be had, and the court
34 in which a petition for review is first properly filed has jurisdiction.
35 (c) The rules of procedure governing civil actions in the courts
36 govern pleadings and requests under this chapter for a change of judge
37 or change of venue to another judicial district described in subsection
38 (a).
39 (d) Each person who:
40 (1) was a petitioner or applicant at the hearing before the board;
41 or
42 (2) is aggrieved by the zoning decision and entered a written
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1 appearance as an adverse party to the petitioner or applicant
2 before the board hearing that led to the zoning decision, as
3 described in section 920(h) 920(i) of this chapter;
4 is a party to the petition for review.
5 (e) Any other person who participated, in the manner described in
6 section 1603(a)(2) of this chapter, in the board hearing that led to the
7 zoning decision may, not later than five (5) days after the decision is
8 made, file with the board a written request that the person receive
9 notice of any petition for review that may be filed. The written request
10 must include the person's full name and correct mailing address and a
11 reference to the board's docket number relative to the zoning decision.
12 (f) Any person who has standing under section 1603(a)(2),
13 1603(a)(3), or 1603(a)(4) of this chapter has an unconditional right to
14 intervene in a proceeding for review. A motion to intervene in a
15 proceeding for review shall be filed in the manner provided by the rules
16 of procedure governing civil actions in courts.
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