(a)ADVISORY. A municipal plan
commission shall adopt a comprehensive plan, as provided for under
the 500 series of the advisory planning law, for the development of the
municipality.
(b)ADVISORY. For comprehensive plans that were initially
adopted before July 1, 2019, if the municipal plan commission
provided in its comprehensive plan for the development of a
contiguous unincorporated area that is outside the corporate boundaries
of the municipality, the municipal plan commission may continue to
exercise territorial jurisdiction over that area unless the jurisdiction of
the municipal plan commission is terminated by the affected county as
provided in subsection (i).
(c)ADVISORY. For comprehensive plans that are initially adopted
after June 30, 2019, the following provisions apply:
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(a) ADVISORY. A municipal plan
commission shall adopt a comprehensive plan, as provided for under
the 500 series of the advisory planning law, for the development of the
municipality.
(b) ADVISORY. For comprehensive plans that were initially
adopted before July 1, 2019, if the municipal plan commission
provided in its comprehensive plan for the development of a
contiguous unincorporated area that is outside the corporate boundaries
of the municipality, the municipal plan commission may continue to
exercise territorial jurisdiction over that area unless the jurisdiction of
the municipal plan commission is terminated by the affected county as
provided in subsection (i).
(c) ADVISORY. For comprehensive plans that are initially adopted
after June 30, 2019, the following provisions apply:
(1) If the municipality is located in a county that has not adopted
a comprehensive plan and ordinance covering the contiguous
unincorporated area and the municipality is providing municipal
services to the contiguous unincorporated area, the municipal plan
commission may exercise territorial jurisdiction over that area by
filing the notices required by subsections (f) and (j).
(2) If the municipality is located in a county that has adopted a
comprehensive plan and ordinance covering the contiguous
unincorporated area, the municipal plan commission may exercise
territorial jurisdiction over that area only if it obtains the approval
of the county legislative body of each affected county under
subsection (h).
(d) ADVISORY. To exercise territorial jurisdiction outside the
corporate boundaries of the municipality, the municipal plan
commission must provide in the comprehensive plan (regardless of the
date the plan is adopted) for the development of the contiguous
unincorporated area, designated by the commission, that, in the
judgment of the commission, bears reasonable relation to the
development of the municipality. For purposes of this section,
participation of a municipality in a fire protection territory established
under IC 36-8-19 that includes unincorporated areas contiguous to the
municipality may not be treated as providing municipal services to the
contiguous unincorporated areas.
(e) ADVISORY. Except as limited by the boundaries of
unincorporated areas subject to the jurisdiction of other municipal plan
commissions, an area designated under this section may include any
part of the contiguous unincorporated area within two (2) miles from
the corporate boundaries of the municipality. However, the following
applies to the designation of an area under this section:
(1) If the corporate boundaries of the municipality or the
boundaries of that contiguous unincorporated area include any
part of the public waters or shoreline of a lake (which lies wholly
within Indiana), the designated area may also include:
(A) any part of those public waters and shoreline of the lake;
and
(B) any land area within two thousand five hundred (2,500) feet
from that shoreline.
(2) This subdivision applies to a municipality that annexes
noncontiguous territory under IC 36-4-3-4(a)(2) or IC 36-4-3-4(a)(3). The boundaries of the noncontiguous territory
(including territory that is enlarged under IC 36-4-3-4(a)(2)(B) for
the use of the wastewater treatment facility or water treatment
facility) may not be considered a part of the corporate boundaries
of the municipality for purposes of designating an area under this
section.
(f) ADVISORY. Before exercising their rights, powers, and duties
of the advisory planning law with respect to an area designated under
this section, a municipal plan commission must file, with the recorder
of the county in which the municipality is located, a description or map
defining the limits of that area. If the commission revises the limits, it
shall file, with the recorder, a revised description or map defining those
revised limits.
(g) ADVISORY. If any part of the contiguous unincorporated area
within the potential jurisdiction of a municipal plan commission is also
within the potential jurisdiction of another municipal plan commission,
the first municipal plan commission may exercise territorial jurisdiction
over that part of the area within the potential jurisdiction of both
municipal plan commissions that equals the product obtained by
multiplying a fraction, the numerator of which is the area within the
corporate boundaries of that municipality and the denominator of
which is the total area within the corporate boundaries of both
municipalities times the area within the potential jurisdiction of both
municipal plan commissions. Furthermore, this commission may
exercise territorial jurisdiction within those boundaries, enclosing an
area reasonably compact and regular in shape, that the municipal plan
commission first acting designates.
(h) ADVISORY. If the legislative body of a county adopts a
comprehensive plan and ordinance after June 30, 2019, covering the
unincorporated areas of the county, a municipal plan commission may
not exercise jurisdiction, as provided in this section, over any part of
that unincorporated area unless it is authorized by ordinance of the
legislative body of the county. This ordinance may be initiated by the
county legislative body or by petition duly signed and presented to the
county auditor by:
(1) not less than fifty (50) property owners residing in the area
involved in the petition;
(2) the county plan commission; or
(3) the municipal plan commission.
Before final action on the ordinance by the county legislative body, the
county plan commission must hold an advertised public hearing as
required for other actions of the county plan commission under the
advisory planning law. Upon the passage of the ordinance by the
county legislative body and the subsequent acceptance of jurisdiction
by the municipal plan commission, the municipal plan commission
shall exercise the same rights, powers, and duties conferred in this
section exclusively with respect to the contiguous unincorporated area.
(i) ADVISORY. The jurisdiction of a municipal plan commission,
as authorized under this section, may be terminated by ordinance at the
discretion of the legislative body of the county, but only if the county
has adopted a comprehensive plan for that area that is as
comprehensive in scope and subject matter as that in effect by
municipal ordinance.
(j) ADVISORY. Each municipal plan commission in a municipality
located in a county that has not adopted, in accord with the advisory
planning law, a comprehensive plan and ordinance covering the
unincorporated areas of the county may, at any time, after filing notice
with the county recorder and the county legislative body, exercise or
reject territorial jurisdiction over any part of the area within two (2)
miles of the corporate boundaries of that municipality and within that
county, whether or not that commission has previously exercised that
jurisdiction, if the municipality is providing municipal services to the
area.
(k) AREA. Wherever in the area planning law authority is conferred
to establish a comprehensive plan or an ordinance for its enforcement,
the authority applies everywhere:
(1) within the county that is outside the municipalities; and
(2) within each participating municipality.
(l) ADVISORY—AREA. Whenever a new town is incorporated in
a county having a county plan commission or an area plan commission,
that plan commission and its board of zoning appeals shall continue to
exercise territorial jurisdiction within the town until the effective date
of a town ordinance:
(1) establishing an advisory plan commission under section
202(a) of this chapter; or
(2) adopting the area planning law under section 202(b) or 204 of
this chapter.
Beginning on that effective date, the planning and zoning functions of
the town shall be exercised under the advisory planning law or area
planning law, as the case may be.
[Pre-Local Government Recodification Citations:
18-3-1-10.5; 18-7-4-205; 18-7-4-39; 18-7-5-34.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1982, P.L.1, SEC.61; P.L.216-1999, SEC.1; P.L.172-2011, SEC.143;
P.L.207-2014, SEC.4; P.L.277-2019, SEC.7.