Sec. 1. This chapter applies only to a unit that exercises planning and zoning jurisdiction over land within a proposed military impact zoning district.
As added by P.L.43-2023, SEC.5.
Sec. 4. As used in this chapter, "installation" means the following military installations:
(1) Naval Support Activity Crane.
(2) Lake Glendora Test Facility.
(3) Grissom Air Reserve Base.
As added by P.L.43-2023, SEC.5.
Ind. Code § 36-7-30.3-5 Authorization of unit to establish a district for an area adversely impacted by military operations
Sec. 5. A unit may establish a district for an area that is adversely impacted by at least one (1) effect of military operations, including:
(1) noise;
(2) dust;
(3) accident potential;
(4) demolition and vibration;
(5) protected airspace;
(6) frequency interference;
(7) light and glare; or
(8) security risk areas.
As added by P.L.43-2023, SEC.5.
Sec. 6. The purpose of a district is to:
(1) facilitate land use planning within the district to foster development that is:
(A) compatible with an installation's military operations; and
(B) less sensitive to the particular effect of military operations that negatively impacts the district; and
(2) control development that impedes an installation's ability to conduct military operations.
As added by P.L.43-2023, SEC.5.
Sec. 7. The plan commission shall cooperate with the commander in the preparation of:
(1) maps of the proposed district's boundaries, levels and types of adverse impacts, and any other relevant information; and
(2) any documented evidence of the existence and degree of negative effects from military operations within the proposed district.
As added by P.L.43-2023, SEC.5.
Sec. 8. The map of the proposed district, if approved by the commander as accurate, may be submitted to the legislative body of the unit for adoption in the ordinance establishing the district.
As added by P.L.43-2023, SEC.5.
Sec. 9. The unit shall adopt or amend the unit's comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as needed to establish a district in accordance with IC 36-7-30.2-20.
As added by P.L.43-2023, SEC.5.
Sec. 10. A unit's legislative body may amend or supplement the ordinance establishing the district. However, the boundaries of the district may not be changed unless the change is based upon data and maps supplied or approved by the commander.
As added by P.L.43-2023, SEC.5.
Sec. 11. Property located within a district and another zoning district is subject to the regulations for both districts. If there is a conflict between the requirements of the districts, the more restrictive requirements apply.
As added by P.L.43-2023, SEC.5.
Sec. 12. A map of the proposed district approved by the commander and adopted by the legislative body of the unit pursuant to section 8 of this chapter shall be recorded in the office of the recorder of the county where the proposed district is located. The map shall comply with IC 36-2-7-10 and IC 36-2-11-16.5.
As added by P.L.43-2023, SEC.5.