§ 36-7-4-1016 — Judicial review of zoning decisions

Indiana § 36-7-4-1016

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 4: Local Planning and Zoning

Text

(a) Final decisions of the board of zoning
appeals under:
(1) the 900 series of this chapter (administrative appeals,
exceptions, uses, and variances); or
(2) section 1015 of this chapter (appeals of commitment
modifications or terminations);
are considered zoning decisions for purposes of this chapter and are
subject to judicial review in accordance with the 1600 series of this
chapter.
(b) The following decisions of the plan commission are considered
zoning decisions for purposes of this chapter and are subject to judicial
review in the same manner as that provided for the appeal of a final
decision of the board of zoning appeals under subsection (a):
(1) A final decision under the 700 series of this chapter
(subdivision control).
(2) A final decision under section 1015 of this chapter (appeal of
a commitment modification or termination).
(3) A final decision under the 1400 series of this chapter
(development plans).
(4) A final decision under the 1500 series of this chapter (planned
unit development), when authority to make a final decision is
delegated to the plan commission by the legislative body under
section 1511 of this chapter.
(c) Notwithstanding subsection (b)(2), decisions of a legislative
body under section 1015(b)(6) or 1015(b)(10) of this chapter are not
considered zoning decisions for purposes of this chapter and are not
subject to judicial review in accordance with the 1600 series of this
chapter.
(d) Final decisions of preservation commissions under IC 36-7-11,
IC 36-7-11.1, IC 36-7-11.2, or IC 36-7-11.3 (certificates of
appropriateness) are considered zoning decisions for purposes of this
chapter and are subject to judicial review in the same manner as that
provided for the appeal of a final decision of the board of zoning
appeals under subsection (a).
(e) Final decisions of zoning administrators under IC 14-28-4-18
(improvement location permits within flood plain areas) are considered
zoning decisions for purposes of this chapter and are subject to judicial
review in the same manner as that provided for the appeal of a final
decision of the board of zoning appeals under subsection (a).
(f) The following actions are legislative acts and are not considered
zoning decisions for purposes of this chapter:
(1) Adopting or approving a comprehensive plan under the 500
series of this chapter.
(2) Certifying with or without a recommendation a proposal under
the 600 series of this chapter.
(3) Adopting, rejecting, or amending a zoning ordinance under
the 600 series of this chapter.
(4) Adopting, rejecting, or amending an impact fee ordinance
under the 1300 series of this chapter.
(5) Designating a zoning district where a development plan is
required under the 1400 series of this chapter.
(6) Adopting, rejecting, or amending a PUD district ordinance
under the 1500 series of this chapter.
(7) Adopting, rejecting, or amending a flood plain zoning
ordinance under IC 14-28-4.
(8) Certifying a recommendation, or modifying or terminating a
commitment, under section 1015(b)(6) or 1015(b)(10) of this
chapter.
[Pre-Local Government Recodification Citations:
18-7-4-1016; 18-7-5-57.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.310, SEC.57; P.L.320-1995, SEC.21; P.L.126-2011, SEC.37;
P.L.130-2014, SEC.2.