§ 36-7-4-608 — Zoning ordinance; procedure for changing zoning maps

(a) This section applies to a proposal, as
described in section 602(c) of this chapter, to change the zone maps
incorporated by reference into the zoning ordinance.
(b) If the proposal is not initiated by the plan commission, it must
be referred to the commission for consideration and recommendation
before any final action is taken by the legislative body. 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.
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.
(c) METRO. This subsection applies if the proposal receives a
favorable recommendation, an unfavorable recommendation, or no
recommendation from the plan commission:
(1) At the first regular meeting of the legislative body:
(A) after the proposal is certified under section 605 of this
chapter; or
(B) after the date of the notice under section 608.7(b)(1) or
608.7(b)(2) of this chapter, if:
(i) the alternate procedure in section 608.7 of this chapter is
adopted; and
(ii) the legislative body makes the final determination on the
proposal upon the request of an aggrieved person or the
legislative body's own initiative under section 608.7(c) of this
chapter;
the legislative body may, by a majority of those voting, schedule
the proposal for a hearing on a date not later than its next regular
meeting. The legislative body member in whose district the parcel
of real property under consideration is located may submit a
request to the president of the legislative body that the proposal
be considered under this subsection.
(2) If the legislative body fails to schedule the proposal for a
hearing under subdivision (1), the ordinance takes effect as if it
had been adopted at the first regular meeting of the legislative
body:
(A) after the proposal is certified under section 605 of this
chapter; or
(B) after the date of the notice under section 608.7(b)(1) or
608.7(b)(2) of this chapter, if:
(i) the alternate procedure in section 608.7 of this chapter is
adopted; and
(ii) the legislative body makes the final determination on the
proposal upon the request of an aggrieved person or the
legislative body's own initiative under section 608.7(c) of this
chapter.
(3) For purposes of this subdivision, the final action date for a
proposal is the date thirty (30) days after the date that the proposal
is certified under section 605 of this chapter, or the date of the
second regular meeting after the proposal is certified under
section 605 of this chapter, whichever is later. However if:
(A) the alternate procedure in section 608.7 of this chapter is
adopted; and
(B) the legislative body makes the final determination on the
proposal upon:
(i) the request of an aggrieved person; or
(ii) the legislative body's own initiative;
under section 608.7(c) of this chapter;
the final action date for a proposal is the date of the second
regular meeting after the date of the notice under section
608.7(b)(1) or 608.7(b)(2) of this chapter. If the legislative body
schedules the proposal for a hearing under subdivision (1) but
fails to act on it by the final action date, the ordinance takes effect
as if it had been adopted (as certified) on the final action date.
However, the period of time after certification under section 605
of this chapter, or after the notice under section 608.7(b)(1) or
608.7(b)(2) of this chapter, to the final action date may be
extended by the legislative body, with the consent of the initiating
plan commission or the petitioning property owners. If the
legislative body fails to act on the proposal by the final action date
(as extended), the ordinance takes effect as if it had been adopted
(as certified) on that extended final action date.
(4) If the legislative body schedules the proposal for a hearing
under subdivision (1), it shall announce the hearing during a
meeting and enter the announcement in its memoranda and
minutes. The announcement must state:
(A) the date, time, and place of the hearing;
(B) a description of the proposed changes in the zone maps;
(C) that written objections to the proposal filed with the clerk
of the legislative body or with the county auditor will be heard;
and
(D) that the hearing may be continued from time to time as may
be found necessary.
(5) If the legislative body rejects the proposal at a hearing
scheduled under subdivision (1), it is defeated.
(d) METRO. The plan commission may adopt a rule to limit further
consideration, for up to one (1) year after its defeat, of a proposal that
is defeated under subsection (c)(5).
(e) ADVISORY─AREA. The legislative body shall vote on the
proposal within ninety (90) days after:
(1) the plan commission certifies the proposal under section 605
of this chapter; or
(2) the date of the notice under section 608.7(b)(1) or 608.7(b)(2)
of this chapter, if:
(A) the alternate procedure in section 608.7 of this chapter is
adopted; and
(B) the legislative body makes the final determination on the
proposal upon:
(i) the request of an aggrieved person; or
(ii) the legislative body's own initiative;
under section 608.7(c) of this chapter.
(f) ADVISORY─AREA. 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:
(A) the proposal is certified under section 605 of this chapter;
or
(B) the date of the notice under section 608.7(b)(1) or
608.7(b)(2) of this chapter, if:
(i) the alternate procedure in section 608.7 of this chapter is
adopted; and
(ii) the legislative body makes the final determination on the
proposal upon the request of an aggrieved person or the
legislative body's own initiative under section 608.7(c) of this
chapter;
(or at any subsequent meeting within the ninety (90) day period),
the legislative body may adopt or reject 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, it is defeated.
(4) Except as provided in subdivision (5), 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.
(5) This subdivision applies if:
(A) the alternate procedure in section 608.7 of this chapter is
adopted; and
(B) the legislative body makes the final determination on the
proposal upon:
(i) the request of an aggrieved person; or
(ii) the legislative body's own initiative;
under section 608.7(c) of this chapter.
If the legislative body fails to act on the proposal within ninety
(90) days after the date of the notice under section 608.7(b)(1) or
608.7(b)(2) of this chapter, the ordinance takes effect as if it had
been adopted (as certified) ninety (90) days after the date of the
notice.
(g) ADVISORY─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 or reject 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, it is defeated.
(4) If the legislative body fails to act on the proposal within ninety
(90) days after certification, it is defeated.
(h) ADVISORY─AREA. The plan commission may adopt a rule to
limit further consideration, for up to one (1) year after its defeat, of a
proposal that is defeated under subsection (f)(3), (g)(3), or (g)(4).
[Pre-Local Government Recodification Citations: 18-7-2-45
part; 18-7-2-46 part; 18-7-2-47 part; 18-7-4-608; 18-7-4-53 part;
18-7-5-67 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.45, SEC.22; P.L.335-1985, SEC.22; P.L.345-1987, SEC.1;
P.L.88-2014, SEC.2; P.L.192-2016, SEC.3.