Zoning Ordinances

People occasionally confuse the comprehensive plan with zoning ordinances. The comprehensive plan is a policy document which outlines the overarching plan for the community, while zoning ordinances implement the plan. Zoning ordinances may not be adopted until a comprehensive plan has been created, and must only be adopted for the purposes of:

(1) securing adequate light, air, convenience of access, and safety from fire, flood, and other danger; (2) lessening or avoiding congestion in public ways;(3) promoting the public health, safety, comfort, morals, convenience, and general welfare; and (4) otherwise accomplishing the purposes of this chapter.^[1]

For accomplishing those ends, in Indiana, a planning commission may do one or more of the following:

(1) Establish one (1) or more districts, which may be for agricultural, commercial, industrial, residential, special, or unrestricted uses and any subdivision or combination of these uses. A district may include geographic areas that are not contiguous. A geographic area may be subject to more than one (1) district.

(2) In each district, regulate how real property is developed, maintained, and used. This regulation may include:

(A) requirements for the area of front, rear, and side yards, courts, other open spaces, and total lot area;

(B) requirements for site conditions, signs, and nonstructural improvements, such as parking lots, ponds, fills, landscaping, and utilities;

…

(I) standards for population density and traffic circulation; and

(J) any other provisions that are necessary to implement the purposes of the zoning ordinance.

(3) Designate zoning districts in areas having special development problems or needs for compatibility in which a plan commission shall:

(A) approve or disapprove development plans under the 1400 series of this chapter; and

(B) ensure that a development plan approved under this subdivision is consistent with the comprehensive plan and the development requirements specified in the zoning ordinance.

(4) Provide for planned unit development through adoption and amendment of zoning ordinances, including PUD district ordinances (as defined in section 1503 of this chapter).

(5) Establish in which districts the subdivision of land may occur.^[2]

Any time a complete zoning ordinance (whether text, maps, or both) is passed, repealed, or amended by the plan commission and governing body, there are certain procedures which must be followed, including notice, public hearing, consideration by the legislative body, passage, and publication.

[1] Ind. Code § 36-7-4-601.

[2] Ind. Code § 36-7-4-601.