Planning Commissions

Zoning takes place mostly at a county level, with certain cities and towns having their own planning bodies. The units charged with enacting and enforcing zoning regulations are called “planning commissions.” In Indiana, there are several types of planning commission, depending on the type and size of government. These are known as “advisory planning commissions,” “area planning commissions,” “metropolitan planning commissions,” and “joint planning commissions.”^[1] While you may encounter any of these in Indiana, the two most important for our purposes are advisory planning commissions and area planning commissions.

The term “advisory planning commission” is a general term referring to planning commissions established by a town, city, or county.^[2] Such commissions are usually referred to as “municipal plan commissions,”^[3] when overseeing planning in incorporated cities or towns, and “county planning commissions,” when exercising power over a county. The term “area planning commission” refers to a county-wide commission that cooperates with one or more municipalities within the county. So, for example, the area planning commission for St. Joseph County, Indiana, states that it serves the:

City of South Bend, unincorporated St. Joseph County and the towns of Lakeville, New Carlisle, North Liberty, Osceola, and Roseland, Indiana. The Commission does not serve the City of Mishawaka nor the towns of Indian Village or Walkerton, which have their own plan commissions.^[4]

Therefore, the City of South Bend Municipal Code^[5] contains the following statement:

[T]he Area Plan Commission of St. Joseph County, Indiana shall be the duly authorized plan commission for the incorporated areas of the City of South Bend pursuant to the Area Planning Law of the Indiana Code, and the Ordinance shall apply to all real property located within the corporate boundaries of the City of South Bend.^[6]

So, confusingly, while the City of South Bend may have its own zoning code, all zoning powers and oversight are exercised by the area plan commission of St. Joseph County.

Zoning commissions are typically composed of a mix of people from the general public who reside within a zone and those with specific interests in zoning. The number of people on the commission depends on the type of commission and the makeup and population of the government in question. While going into each specific variant of commission is too in-depth for this book, the following is an example of makeup from the area planning commission statute contained in Ind. Code. § 36-7-4-207:

(1) Seven (7) representatives from each city having a population of more than one hundred five thousand (105,000).

(2) Six (6) representatives from each city having a population of not less than seventy thousand (70,000) nor more than one hundred five thousand (105,000).

(3) Five (5) representatives from each city having a population of not less than thirty-five thousand (35,000) but less than seventy thousand (70,000).

(4) Four (4) representatives from each city having a population of not less than twenty thousand (20,000) but less than thirty-five thousand (35,000).

(5) Three (3) representatives from each city having a population of not less than ten thousand (10,000) but less than twenty thousand (20,000).

(6) Two (2) representatives from each city having a population of less than ten thousand (10,000).

(7) One (1) representative from each town having a population of more than two thousand one hundred (2,100), and one (1) representative from each town having a population of two thousand one hundred (2,100) or less that had a representative before January 1, 1979.

(8) Such representatives from towns having a population of not more than two thousand one hundred (2,100) as are provided for in section 210 of this chapter.

(9) Six (6) county representatives if the total number of municipal representatives in the county is an odd number, or five (5) county representatives if the total number of municipal representatives is an even number.

To illustrate the complexity into which the membership is detailed, consider the following, which illustrates the makeup of county representatives under (9) above:

(c) AREA. When there are six (6) county representatives, they are as follows:

(1) One (1) member appointed by the county executive from its membership.

(2) One (1) member appointed by the county fiscal body from its membership.

(3) The county superintendent of schools, or if that office does not exist, a representative appointed by the school corporation superintendents within the jurisdiction of the area plan commission.

(4) One (1) of the following appointed by the county executive:

(A) The county agricultural extension educator.

(B) The county surveyor or the county surveyor's designee.

(5) One (1) citizen member who is:

(A) a resident of the unincorporated area of the county; or

(B) a resident of the county who is also an owner of real property located in whole or in part in the unincorporated area of the county;

appointed by the county executive.

(6) One (1) citizen member who is:

(A) a resident of the unincorporated area of the county; or

(B) a resident of the county who is also an owner of real property located in whole or in part in the unincorporated area of the county; appointed by the county fiscal body.^[7]

In addition to these requirements, there are also certain political affiliation limitations, as well as term limits for members, which are usually staggered. Finally, the commissions must have a president and vice-president, and may elect a secretary.^[8]

[1] Ind. Code § 36-7-4-101, et. seq.

[2] Ind. Code § 36-7-1-2.

[3] Ind. Code § 36-7-1-12.

[4] (St. Joseph County, Indiana, 2015)

[5] (The City of South Bend, 2014)

[6] South Bend, Indiana, Municipal Code § 21-01.01(j).

[7] Ind. Code § 36-7-4-208.

[8] Ind. Code §§ 36-7-4-303 – 304.