§ 36-7-4-608.7 — Zoning ordinance; alternate procedure for changing zone maps

Indiana § 36-7-4-608.7

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

Text

7. (a) A unit, including an excluded city,
may adopt the alternate procedure set forth in this section to apply 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) The plan commission shall comply with section 608(b) of this
chapter and certify a favorable recommendation, unfavorable
recommendation, or no recommendation to the legislative body under
section 605 of this chapter. Except as provided in subsection (c), if the
plan commission makes:
(1) a favorable recommendation on the proposal, the proposal (as
certified) takes effect as other ordinances:
(A) thirty (30) days after the date of the certification under
section 605 of this chapter; or
(B) on a date less than thirty (30) days:
(i) after the date of the certification under section 605 of this
chapter; and
(ii) that is specified in the ordinance adopting the alternate
procedure; or
(2) an unfavorable recommendation or no recommendation on the
proposal, the proposal is defeated:
(A) thirty (30) days after the date of the certification under
section 605 of this chapter; or
(B) on a date less than thirty (30) days:
(i) after the date of the certification under section 605 of this
chapter; and
(ii) that is specified in the ordinance adopting the alternate
procedure.
The plan commission shall notify the legislative body not later than the
next business day after a proposal takes effect under subdivision (1) or
is defeated under subdivision (2).
(c) If:
(1) any aggrieved person files with the plan commission a written
request to have the final determination on the proposal made by
the appropriate legislative body; or
(2) the legislative body files a notice with the plan commission
that the legislative body shall make the final determination on the
proposal;
the legislative body shall make the final determination on the proposal
to change the zone map as set forth in section 608 of this chapter. The
plan commission shall notify the legislative body in writing of a request
under subdivision (1) not later than the next business day after
receiving the request.
(d) A request or notice under subsection (c)(1) or (c)(2) must be
filed not later than:
(1) twenty-nine (29) days after the date the favorable
recommendation, the unfavorable recommendation, or no
recommendation of the plan commission is certified under section
605 of this chapter; or
(2) on a date that is less than twenty-nine (29) days:
(A) after the date the favorable recommendation, the
unfavorable recommendation, or no recommendation of the
plan commission is certified under section 605 of this chapter;
and
(B) that is specified in the ordinance adopting the alternate
procedure.

Legislative History

As added by P.L.192-2016, SEC.4. Amended by P.L.161-2021, SEC.5.