§ 36-7-4-606 — Procedures for adopting initial or replacement zoning ordinance; area planning and metropolitan development

Indiana § 36-7-4-606

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

Text

(a) AREA-METRO. This section applies
to a proposal, as described in section 602(a) of this chapter, 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.
(b) AREA-METRO. At the first regular meeting of the legislative
body after the plan commission certifies the proposal under section 605
of this chapter, the legislative body shall either:
(1) adopt, reject, or amend the proposal; or
(2) decide to further consider the proposal, in which case the
proposal may be scheduled for a further hearing at any regular or
special meeting of the legislative body within ninety (90) days
after certification. In any event, the legislative body shall vote on
the proposal within ninety (90) days after the plan commission
certifies the proposal under section 605 of this chapter.
(c) AREA-METRO. If the legislative body proceeds under
subsection (b)(1), it shall give notice under IC 5-14-1.5-5 of its
intention to consider the proposal at that meeting. If the legislative
body proceeds under subsection (b)(2) to schedule a further hearing, it
shall publish a notice of the hearing in accordance with IC 5-3-1,
announce the hearing during a meeting, and enter the announcement in
its memoranda and minutes. The notice and announcement must state:
(1) the date, time, and place of the hearing;
(2) that it pertains to an original zoning ordinance;
(3) that written objections to the proposal filed with the clerk of
the legislative body or with the county auditor at or before the
hearing will be heard; and
(4) that the hearing may be continued from time to time as may be
found necessary.
(d) AREA-METRO. The recommendation of the plan commission
concerning the proposal must be on file in the commission's office for
public examination for at least ten (10) days before any hearing
scheduled under subsection (b)(2). On completion of the hearing, the
legislative body shall consider the proposal.
(e) AREA-METRO. If the legislative body adopts the proposal, the
ordinance takes effect as other ordinances of the legislative body.
(f) AREA-METRO. If the legislative body fails to act on the
proposal within ninety (90) days after certification, the ordinance takes
effect as if it had been adopted (as certified) ninety (90) days after
certification.
(g) AREA-METRO. If the legislative body rejects or amends the
proposal, it shall be returned to the plan commission for its
consideration, with a written statement of the reasons for the rejection
or amendment. The commission has forty-five (45) days in which to
consider the rejection or amendment and report to the legislative body
as follows:
(1) If the commission approves the amendment or fails to act
within the forty-five (45) day period, the ordinance stands as
passed by the legislative body as of the date of the filing of the
commission's report of approval with the legislative body or the
end of the forty-five (45) day period.
(2) If the commission disapproves the rejection or amendment,
the action of the legislative body on the original rejection or
amendment stands only if confirmed by another vote of the
legislative body within forty-five (45) days after the commission
certifies its disapproval. If the legislative body fails to confirm its
action under this subdivision, then the ordinance takes effect in
the manner provided in subsection (f).
[Pre-Local Government Recodification Citations: 18-7-2-43;
18-7-2-44; 18-7-4-606; 18-7-4-50; 18-7-4-51; 18-7-5-63 part;
18-7-5-64.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.45, SEC.21; P.L.356-1983, SEC.1; P.L.335-1985, SEC.20;
P.L.220-1986, SEC.20; P.L.202-2025, SEC.12.