§ 36-7-4-605 — Certification of proposed ordinance or zone map change

Indiana § 36-7-4-605

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

Text

(a) ADVISORY─AREA. A proposed
zoning ordinance shall be certified to each participating legislative
body by the plan commission as follows:
(1) If the proposal is to adopt an initial zoning ordinance (or to
adopt a replacement zoning ordinance after repealing the entire
zoning ordinance, including amendments and zone maps) under
section 606 or 606.5 of this chapter, it may be certified only if it
receives a favorable recommendation from the commission.
(2) If the proposal is to amend or partially repeal the text (not
zone maps) of the ordinance under section 607 or 607.5 of this
chapter, it may be certified with a favorable recommendation, an
unfavorable recommendation, or no recommendation from the
commission.
(3) If the proposal is to change the zone maps incorporated by
reference into the ordinance under section 608 of this chapter, it
may be certified with a favorable recommendation, an
unfavorable recommendation, or no recommendation from the
commission.
(b) METRO. Except as provided in subsection (c), a proposal shall
be certified to the legislative body by the metropolitan development
commission only if it receives a favorable recommendation from the
commission.
(c) METRO. A proposal to change the zone maps incorporated by
reference into the ordinance under section 608 of this chapter shall be
certified to the legislative body of the county or if the proposal
concerns real property located within the boundaries of an excluded
city (as described in IC 36-3-1-7), the legislative body of the excluded
city, regardless of whether the proposal receives a favorable
recommendation, an unfavorable recommendation, or no
recommendation from the commission.
(d) The legislative body shall consider the recommendation (if any)
of the commission before acting on the proposal under section 606,
606.5, 607, 607.5, or 608 of this chapter.
[Pre-Local Government Recodification Citations: 18-4-8-3
part; 18-7-2-42; 18-7-4-605; 18-7-4-49; 18-7-5-62 part; 18-7-5-63
part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.45, SEC.20; P.L.335-1985, SEC.19; P.L.220-1986, SEC.19;
P.L.88-2014, SEC.1; P.L.161-2021, SEC.4; P.L.223-2025,
SEC.11.