Indiana § 36-7-11.3-46 Zoning ordinance pertaining to primary or secondary property
prohibited

Indiana Statutes

§ 36-7-11.3-46 — Zoning ordinance pertaining to primary or secondary property prohibited

Indiana § 36-7-11.3-46

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 11.3Municipal Preservation

This text of Indiana § 36-7-11.3-46 (Zoning ordinance pertaining to primary or secondary property prohibited) 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 § 36-7-11.3-46 (2026).

Text

(a)The development commission may not:

(1)approve a petition for the amendment or adoption of a zoning ordinance pertaining or applying to primary or secondary property; or

(2)adopt or amend an ordinance to the extent the ordinance pertains or applies to primary or secondary property; until the events described in subsection (b) have occurred.

(b)The following must occur before the development commission may take action under subsection (a):

(1)Notice of the filing of the petition before the development commission has been given by the petitioner to all interested parties not later than ten (10) days after the filing.

(2)The matter has been referred to the commission, which has:

(A)considered the matter applying the standards stated in section 47 of this chapter and made a recommend

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

(a) The development commission may not:
(1) approve a petition for the amendment or adoption of a zoning
ordinance pertaining or applying to primary or secondary
property; or
(2) adopt or amend an ordinance to the extent the ordinance
pertains or applies to primary or secondary property;
until the events described in subsection (b) have occurred.
(b) The following must occur before the development commission
may take action under subsection (a):
(1) Notice of the filing of the petition before the development
commission has been given by the petitioner to all interested
parties not later than ten (10) days after the filing.
(2) The matter has been referred to the commission, which has:
(A) considered the matter applying the standards stated in
section 47 of this chapter and made a recommendation to the
development commission; or
(B) failed to make a recommendation for a period of one
hundred twenty (120) days following the referral of the matter
to the commission for the commission's recommendations,
unless the time has been extended by the development
commission for good cause shown.
(3) A duly advertised public hearing on the matter has been held
by the development commission.
(4) The conclusions stated in section 47 of this chapter have been
established by substantial evidence of probative value.
[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-13(b)
part.]