§ 36-7-4-610 — Zoning ordinance; notice of adoption; printing; presumption; effective date; copies

Indiana § 36-7-4-610

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

Text

(a) After adoption of a zoning ordinance
under section 606 or 606.5 of this chapter, the plan commission shall
publish a notice of adoption in accordance with IC 5-3-1. The notice of
adoption (which the plan commission shall have prepared) must:
(1) summarize the subject matter of the ordinance;
(2) give the date of adoption;
(3) specify the places or areas that would be directly affected by
the ordinance (this subdivision does not require the identification
of any real property by metes and bounds);
(4) specify the penalty or forfeiture prescribed for a violation of
the ordinance; and
(5) give two (2) locations open to the public where the entire text
of the ordinance is available for inspection.
(b) After adoption of a zoning ordinance under section 606, 606.5,
607, or 607.5 of this chapter, the plan commission shall print the text
of the ordinance in book or pamphlet form (or arrange for the inclusion
of the zoning ordinance in the code of ordinances printed by the unit
under IC 36-1-5), and no other printing or publication of any zoning
ordinance is required. Printing of the text of a zoning ordinance in
compliance with this subsection constitutes presumptive evidence:
(1) of the text of the ordinance that is contained in the code of
ordinances, book, or pamphlet (and supplement, if any);
(2) of the date of adoption of the ordinance, and of any
amendment to the ordinance that is contained in the code of
ordinances, book, or pamphlet (and supplement, if any); and
(3) that the ordinance, along with any amendment to the
ordinance that is contained in the code of ordinances, book, or
pamphlet (and supplement, if any), has been properly signed,
attested, and recorded.
(c) Zone maps incorporated by reference into the zoning ordinance
are not required to be printed in the code of ordinances, book, or
pamphlet printed under this section, but the plan commission shall
keep them available at its office for public inspection.
(d) Unless a zoning ordinance provides for a later effective date, the
ordinance takes effect when it is adopted under section 606, 606.5, 607,
607.5, or 608 of this chapter, subject to subsection (e).
(e) When a provision prescribing a penalty or forfeiture for a
violation is printed under this section, it may not take effect until
fourteen (14) days after the later of the following:
(1) The final day on which notice of its adoption is published
under subsection (a).
(2) The day on which it is filed in the clerk's office under
subsection (f).
(f) If the zoning ordinance is not included in the code of ordinances
printed by a unit under IC 36-1-5:
(1) the book or pamphlet (and supplement, if any) that comprises
the zoning ordinance shall be incorporated by reference into the
code of ordinances;
(2) two (2) copies of the book or pamphlet (and supplement, if
any) as printed under this section shall be filed in the office of the
clerk of each participating legislative body, and these copies shall
be kept on file in that office for public inspection as required by
IC 36-1-5-4; and
(3) the clerk shall keep additional copies of the book or pamphlet
(and supplement, if any) in the clerk's office for the purpose of
sale or distribution.
(g) If a unit includes the zoning ordinance in the unit's code of
ordinances printed under IC 36-1-5, the plan commission shall also
make copies of the zoning ordinance available to the public in
accordance with IC 5-14-3.
(h) This chapter does not prohibit a unit from adopting:
(1) a unified development ordinance that combines the unit's
zoning and subdivision control ordinances into a single book,
pamphlet, or code title, article, or chapter; or
(2) form based codes or ordinances that employ combinations of
maps, plats, charts, diagrams, tables, text, and images.
[Pre-Local Government Recodification Citations: 18-7-2-39
part; 18-7-4-610; 18-7-2-47 part; 18-7-5-60 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by
P.L.335-1985, SEC.24; P.L.220-1986, SEC.21; P.L.126-2011, SEC.16;
P.L.223-2025, SEC.13.