§ 36-7-4-504 — Comprehensive plan; consideration of policy and pattern; validation, continuance, and consolidation of preexisting plans

Indiana § 36-7-4-504

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

Text

(a) After the comprehensive plan is
approved for a jurisdiction, each governmental entity within the
territorial jurisdiction where the plan is in effect shall give
consideration to the general policy and pattern of development set out
in the comprehensive plan in the:
(1) authorization, acceptance, or construction of water mains,
sewers, connections, facilities, or utilities;
(2) authorization, construction, alteration, or abandonment of
public ways, public places, public lands, public structures, or
public utilities; and
(3) adoption, amendment, or repeal of zoning ordinances,
including zone maps and PUD district ordinances (as defined in
section 1503 of this chapter), subdivision control ordinances,
historic preservation ordinances, and other land use ordinances.
(b) A comprehensive plan or master plan adopted or approved under
any prior law is validated and continues in effect as the comprehensive
plan for the plan commission in existence on September 1, 1986, or any
successor plan commission until the plan becomes a part of or is
amended or superseded by the comprehensive plan of the latter plan
commission. In addition, a thoroughfare plan adopted or approved
under any prior law is validated and continues in effect as a part of the
comprehensive plan on and after September 1, 1986, until the
thoroughfare plan is amended or superseded by changes in the
comprehensive plan approved under this chapter.
(c) AREA. To effect the consolidation of the various plans and
ordinances in force in the county and in the participating municipality
into one (1) comprehensive plan, the area plan commission shall
approve the comprehensive plans of the participating municipalities as
its first comprehensive plan. The commission shall also recommend
under applicable law to the participating legislative bodies, without
amendment, the adoption of the zoning, subdivision control,
thoroughfare, and other ordinances relating to the jurisdiction of the
participating legislative body. If lands within the jurisdiction of the
commission are not regulated by zoning ordinances, the commission
shall classify those lands as residential or agricultural, until they can
conduct such land use studies as are necessary for reclassification and
zoning. Because the unification of the planning and zoning function is
of an emergency character, the commission and the participating
legislative bodies shall initially adopt these preliminary plans and
ordinances by simple resolution, to continue in effect until finally
adopted in conformity with the area planning law.
[Pre-Local Government Recodification Citations: 18-7-3-12;
18-7-4-504; 18-7-4-45; 18-7-4-94 part; 18-7-5-45.]
As added by Acts 1981, P.L.309, SEC.23. Amended by
P.L.335-1985, SEC.6; P.L.220-1986, SEC.10; P.L.320-1995,
SEC.5.