§ 36-7-4-609 — Zoning ordinances; vote required for action by legislative body; veto of city ordinances

Indiana § 36-7-4-609

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

Text

(a) ADVISORY. A legislative body may
take action under section 606.5, 607.5, or 608 of this chapter only by
a vote of at least a majority of all the elected members of the body.
(b) AREA. A legislative body may take action under section 606,
607, or 608 of this chapter only by a vote of at least a majority of all the
elected members of the body.
(c) METRO. The legislative body may take action under section
606, 607, or 608 of this chapter only by a vote of at least three-fifths
(3/5) of all the elected members of the body.
(d) AREA. Each city shall determine whether its zoning ordinances
will be subject to veto by the executive of the city. If the city legislative
body, by general ordinance, so provides, then each zoning ordinance
adopted by that city under section 606, 607, or 608 of this chapter may
be vetoed by the executive of the city. The executive must exercise the
veto:
(1) in a case in which the legislative body adopts (as certified) the
proposal, within ten (10) days after the legislative body acts;
(2) in a case in which the legislative body amends the proposal
and the plan commission approves the amendment or fails to act,
within fifty-five (55) days after the proposal is returned to the plan
commission for its consideration;
(3) in a case in which the legislative body amends the proposal
and confirms its original amendment by another vote, within ten
(10) days after the legislative body confirms its original
amendment; or
(4) in a case in which the proposal is to take effect because of the
legislative body's failure to act within a period of days, within ten
(10) days after the expiration of that period.
(e) ADVISORY. Each city shall determine whether its zoning
ordinances will be subject to veto by the executive of the city. If the
city legislative body, by general ordinance, so provides, then each
zoning ordinance adopted by that city under section 606.5, 607.5, or
608 of this chapter may be vetoed by the executive of the city. The
executive must exercise the veto according to the following:
(1) If the legislative body adopts a proposal under section 606.5
or 607.5 of this chapter, the executive must exercise the veto
within ten (10) days after the legislative body acts.
(2) If the legislative body adopts an ordinance under section 608
of this chapter, the executive must exercise the veto:
(A) in a case in which the legislative body adopts (as certified)
the proposal, within ten (10) days after the legislative body acts;
(B) in a case in which the legislative body amends the proposal
and the plan commission approves the amendment or fails to
act, within fifty-five (55) days after the proposal is returned to
the plan commission for its consideration;
(C) in a case in which the legislative body amends the proposal
and confirms its original amendment by another vote, within ten
(10) days after the legislative body confirms its original
amendment; or
(D) in a case in which the proposal is to take effect because of
the legislative body's failure to act within a period of days,
within ten (10) days after the expiration of that period.
(f) If a city zoning ordinance is not vetoed under subsection (d) or
(e), it takes effect without any action being taken by the executive of
the city.
(g) ADVISORY─AREA. If a city zoning ordinance is vetoed under
subsection (d) or (e), it is defeated unless the city legislative body, at
its first regular or special meeting after receiving the veto message,
passes the ordinance over the veto by a two-thirds (2/3) vote.
[Pre-Local Government Recodification Citations:
18-7-4-609; 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.310, SEC.34; P.L.335-1985, SEC.23; P.L.223-2025,
SEC.12.