Indiana § 36-7-4-918.8 Board of zoning appeals; metropolitan development commission;
exercise of powers; variances, exceptions, or uses

Indiana Statutes

§ 36-7-4-918.8 — Board of zoning appeals; metropolitan development commission; exercise of powers; variances, exceptions, or uses

Indiana § 36-7-4-918.8

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 4Local Planning and Zoning

This text of Indiana § 36-7-4-918.8 (Board of zoning appeals; metropolitan development commission; exercise of powers; variances, exceptions, or uses) 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 § 36-7-4-918.8 (2026).

Text

8.

(a)This section does not apply to a proposed ordinance for the amendment of a zoning ordinance that only affects real property located within the corporate boundaries of an excluded city.

(b)METRO. In connection with its consideration of a proposed ordinance for the amendment of the zoning ordinance proposed under section 607(c)(2) of this chapter, the metropolitan development commission may exercise the powers of the metropolitan board of zoning appeals for the purpose of approving or denying:

(1)a variance from the development standards of the zoning ordinance; or

(2)a special exception, special use, contingent use, or conditional use from the terms of the zoning ordinance.

(c)METRO. The commission may, by rule, establish procedures so that the power of the commission to recommen

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8. (a) This section does not apply to a
proposed ordinance for the amendment of a zoning ordinance that only
affects real property located within the corporate boundaries of an
excluded city.
(b) METRO. In connection with its consideration of a proposed
ordinance for the amendment of the zoning ordinance proposed under
section 607(c)(2) of this chapter, the metropolitan development
commission may exercise the powers of the metropolitan board of
zoning appeals for the purpose of approving or denying:
(1) a variance from the development standards of the zoning
ordinance; or
(2) a special exception, special use, contingent use, or conditional
use from the terms of the zoning ordinance.
(c) METRO. The commission may, by rule, establish procedures so
that the power of the commission to recommend amendment of zoning
ordinances and the power of the commission to approve and deny these
variances, exceptions, and uses may be exercised concurrently. These
rules may be inconsistent with the 900 series to the extent reasonably
necessary to allow the commission to exercise the power to approve or
deny these variance, exception, and use petitions.
(d) METRO. When acting under this section, the commission may:
(1) vote on the amendment to the zoning ordinance and the
variance, exception, or use petition at the same time; and
(2) condition the approval of variance, exception, or use in such
a manner that it takes effect when the recommended ordinance
amendment is approved by the legislative body.
(e) METRO. Section 922 of this chapter does not apply to variances,
exceptions, and uses approved under this section.