§ 36-7-4-607 — Procedures for amending or partially repealing text of zoning ordinance; area planning and metropolitan development

(a) AREA-METRO. This section applies
to a proposal, as described in section 602(b) of this chapter, to amend
or partially repeal the text (not zone maps) of the zoning ordinance.
(b) AREA. If the proposal is initiated by a participating legislative
body instead of the plan commission, the proposal must be referred to
the commission for consideration and recommendation before any final
action is taken by the legislative body.
(c) AREA-METRO. On receiving or initiating the proposal, the
commission shall, within sixty (60) days, hold a public hearing in
accordance with section 604 of this chapter. The commission shall vote
on the proposal not later than sixty (60) days after the commission
holds the public hearing. Within ten (10) business days after the
commission determines its recommendation (if any), the commission
shall certify the proposal under section 605 of this chapter.
(d) AREA-METRO. 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.
(e) AREA-METRO. This subsection applies if the proposal receives
a favorable recommendation from the plan commission:
(1) At the first regular meeting of the legislative body after the
proposal is certified under section 605 of this chapter (or at any
subsequent meeting within the ninety (90) day period), the
legislative body may adopt, reject, or amend the proposal. The
legislative body shall give notice under IC 5-14-1.5-5 of its
intention to consider the proposal at that meeting.
(2) If the legislative body adopts (as certified) the proposal, it
takes effect as other ordinances of the legislative body.
(3) If the legislative body fails to act on the proposal within ninety
(90) days after certification, it takes effect as if it had been
adopted (as certified) ninety (90) days after certification.
(4) 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:
(A) 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.
(B) 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 clause, the ordinance takes
effect in the manner provided in subdivision (3).
(f) AREA. This subsection applies if the proposal receives either an
unfavorable recommendation or no recommendation from the plan
commission:
(1) At the first regular meeting of the legislative body after the
proposal is certified under section 605 of this chapter (or at any
subsequent meeting within the ninety (90) day period), the
legislative body may adopt, reject, or amend the proposal. The
legislative body shall give notice under IC 5-14-1.5-5 of its
intention to consider the proposal at that meeting.
(2) If the legislative body adopts (as certified) the proposal, it
takes effect as other ordinances of the legislative body.
(3) If the legislative body rejects the proposal or fails to act on it
within ninety (90) days after certification, it is defeated.
(4) If the legislative body amends the proposal, it shall be
returned to the plan commission for its consideration, with a
written statement of the reasons for the amendment. The
commission has forty-five (45) days in which to consider the
amendment and report to the legislative body as follows:
(A) 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.
(B) If the commission disapproves the amendment, the action
of the legislative body on the original 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 clause, the ordinance is defeated as provided in
subdivision (3).
[Pre-Local Government Recodification Citations: 18-4-8-3
part; 18-7-2-20 part; 18-7-2-45 part; 18-7-2-46 part; 18-7-2-47 part;
18-7-4-607; 18-7-4-53 part; 18-7-5-65; 18-7-5-66.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.310, SEC.33; Acts 1982, P.L.212, SEC.3; P.L.355-1983,
SEC.2; P.L.335-1985, SEC.21; P.L.167-2022, SEC.14; P.L.202-2025,
SEC.14.