§ 36-7-4-602 — Zoning ordinance; procedures for adoption of ordinances, amendments, and map changes

Indiana § 36-7-4-602

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 4: Local Planning and Zoning

Text

(a) The following procedure applies to a
proposal to adopt an initial zoning ordinance (or to adopt a replacement
zoning ordinance after repealing the entire zoning ordinance, including
amendments and zone maps) for a jurisdiction:
(1) The plan commission must initiate the proposal.
(2) The plan commission must prepare the proposal so that it is
consistent with section 601 of this chapter.
(3) The plan commission and the legislative body both must
comply with section 603 of this chapter.
(4) The plan commission must give notice and hold a public
hearing under section 604 of this chapter.
(5) The plan commission must certify the proposal to the
legislative body under section 605 of this chapter.
(6) The legislative body must consider the proposal under section
606 of this chapter, and section 606 of this chapter governs
whether the proposal is adopted or defeated.
(7) If the proposal is adopted under section 606 of this chapter,
the plan commission must print (and publish, if required) the
ordinance under section 610 of this chapter.
(8) The ordinance takes effect as described in section 610 of this
chapter.
(b) After the zoning ordinance for a jurisdiction has been adopted
as described in subsection (a), the following procedure applies to a
proposal to amend or partially repeal the text (not zone maps) of the
ordinance:
(1) The plan commission may initiate the proposal. (Under the
advisory planning law or the area planning law, any participating
legislative body also may initiate the proposal and require the
plan commission to prepare it.)
(2) The plan commission must prepare the proposal so that it is
consistent with section 601 of this chapter.
(3) The plan commission and the legislative body both must
comply with section 603 of this chapter.
(4) The plan commission must give notice and hold a public
hearing under section 604 of this chapter.
(5) The plan commission must certify the proposal to the
legislative body under section 605 of this chapter.
(6) The legislative body must consider the proposal under section
607 of this chapter, and section 607 of this chapter governs
whether the proposal is adopted or defeated.
(7) If the proposal is adopted under section 607 of this chapter,
the plan commission must print the amendments to the zoning
ordinance under section 610 of this chapter.
(8) The amendments take effect as described in section 610 of this
chapter.
(c) After the zoning ordinance for a jurisdiction has been adopted
as described in subsection (a), the following procedure applies to a
proposal to change the zone maps (whether by incorporating an
additional map or by amending or deleting a map) incorporated by
reference into the ordinance:
(1) The proposal may be initiated either:
(A) by the plan commission; or
(B) by a petition signed by property owners who own at least
fifty percent (50%) of the land involved.
(Under the advisory planning law or the area planning law, any
participating legislative body also may initiate the proposal and
require the plan commission to prepare it.)
(2) The plan commission or petitioners must prepare the proposal
so that it is consistent with section 601 of this chapter.
(3) The plan commission and the legislative body both must
comply with section 603 of this chapter.
(4) The plan commission must give notice and hold a public
hearing under section 604 of this chapter.
(5) The plan commission must certify the proposal to the
legislative body under section 605 of this chapter.
(6) Except as provided in subdivision (7), the legislative body
must consider the proposal under section 608 of this chapter, and
section 608 of this chapter governs whether the proposal is
adopted or defeated.
(7) If the alternate procedure in section 608.7 of this chapter is
adopted, that section governs whether the proposal is adopted or
defeated after consideration by:
(A) the plan commission under section 608.7 of this chapter; or
(B) the legislative body under section 608 of this chapter.
(8) If the proposal is adopted under section 608 or 608.7 of this
chapter, the plan commission must update the zone maps that it
keeps available under section 610 of this chapter.
(9) The zone map changes take effect as described in section 610
of this chapter.
[Pre-Local Government Recodification Citations: 18-7-2-40;
18-7-2-41 part; 18-7-4-602; 18-7-4-48; 18-7-5-62 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.45, SEC.19; P.L.335-1985, SEC.16; P.L.220-1986, SEC.16;
P.L.192-2016, SEC.1.