Indiana § 36-7-4-1314 Ordinance; application

Indiana Statutes

§ 36-7-4-1314 — Ordinance; application

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

(a)Except as provided in subsections (b) and (c), an impact fee ordinance must apply to any development:

(1)that is in an impact zone; and

(2)for which a unit may require a structural building permit.

(b)An impact fee ordinance may not apply to an improvement that does not create a need for additional infrastructure, including the erection of a sign, the construction of a fence, or the interior renovation of a building not resulting in a change in use.

(c)As used in this section, "qualified property" has the meaning set forth in IC 36-1-8-18. Except as provided in subsection (d), an impact fee ordinance may not apply to qualified property, and an impact fee may not be imposed on qualified property.

(d)Upon the request of the owner of qualified property, an impact fee may be imposed o

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(a) Except as provided in subsections (b)
and (c), an impact fee ordinance must apply to any development:
(1) that is in an impact zone; and
(2) for which a unit may require a structural building permit.
(b) An impact fee ordinance may not apply to an improvement that
does not create a need for additional infrastructure, including the
erection of a sign, the construction of a fence, or the interior renovation
of a building not resulting in a change in use.
(c) As used in this section, "qualified property" has the meaning set
forth in IC 36-1-8-18. Except as provided in subsection (d), an impact
fee ordinance may not apply to qualified property, and an impact fee
may not be imposed on qualified property.
(d) Upon the request of the owner of qualified property, an impact
fee may be imposed on the qualified property.

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