Indiana § 36-7-4-918.6 Board of zoning appeals in certain counties; special exceptions, uses,
and variances

Indiana Statutes

§ 36-7-4-918.6 — Board of zoning appeals in certain counties; special exceptions, uses, and variances

Indiana § 36-7-4-918.6

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 4Local Planning and Zoning

This text of Indiana § 36-7-4-918.6 (Board of zoning appeals in certain counties; special exceptions, uses, and variances) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-7-4-918.6 (2026).

Text

6.

(a)This section applies to the following:

(1)A municipality in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

(2)A county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(b)ADVISORY─AREA. Notwithstanding sections 918.2, 918.4, and 918.5 of this chapter, a zoning or subdivision control ordinance shall require that the board of zoning appeals submit any of the following petitions to the legislative body for approval or disapproval:

(1)Special exceptions.

(2)Special uses.

(3)Use variances.

(c)ADVISORY─AREA. The board of zoning appeals shall file a petition under this section with the clerk of the legislative body with:

(1)a favorable reco

Free access — add to your briefcase to read the full text and ask questions with AI

6. (a) This section applies to the
following:
(1) A municipality in a county having a population of more than
four hundred thousand (400,000) and less than seven hundred
thousand (700,000).
(2) A county having a population of more than two hundred fifty
thousand (250,000) and less than three hundred thousand
(300,000).
(b) ADVISORY─AREA. Notwithstanding sections 918.2, 918.4,
and 918.5 of this chapter, a zoning or subdivision control ordinance
shall require that the board of zoning appeals submit any of the
following petitions to the legislative body for approval or disapproval:
(1) Special exceptions.
(2) Special uses.
(3) Use variances.
(c) ADVISORY─AREA. The board of zoning appeals shall file a
petition under this section with the clerk of the legislative body with:
(1) a favorable recommendation;
(2) an unfavorable recommendation; or
(3) no recommendation.
(d) ADVISORY─AREA. The legislative body shall give notice
under IC 5-14-1.5-5 of its intention to consider the petition at its first
regular meeting after the board of zoning appeals files its
recommendation.
(e) ADVISORY─AREA. A petition is granted or denied when the
legislative body votes on the petition as follows:
(1) In a county described in subsection (a)(1), the legislative body
shall vote on the petition within ninety (90) days after the board
of zoning appeals makes its recommendation. If the legislative
body does not vote to deny the petition within ninety (90) days,
the petition is considered approved.
(2) In a county described in subsection (a)(2), the legislative body
shall vote on the petition within sixty (60) days after the board of
zoning appeals makes its recommendations. If the legislative body
does not vote to deny the petition within sixty (60) days, the
petition is approved.
(f) ADVISORY─AREA. If the legislative body approves a petition,
it must make the determination in writing as required under section
918.2, 918.4, or 918.5 of this chapter or as required by the zoning
ordinance.

Legislative History

As added by P.L.304-1989, SEC.1. Amended by P.L.12-1992, SEC.164; P.L.167-1994, SEC.2; P.L.119-2012, SEC.194; P.L.10-2015, SEC.1; P.L.104-2022, SEC.176.