Indiana § 36-7-4-607.5 - Procedures for amending or partially repealing text of zoning ordinance; advisory planning

§ 36-7-4-607.5. Procedures for amending or partially repealing text of zoning ordinance; advisory planning

Sec. 607.5. (a) ADVISORY. 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) ADVISORY. 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) ADVISORY. 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) ADVISORY. 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) ADVISORY. This subsection applies as follows 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) or amends the proposal, it takes effect as other ordinances of the legislative body. If the legislative body rejects the proposal, further consideration of the proposal is prohibited for one (1) year after the date of the proposal's rejection.

(f) ADVISORY. This subsection applies as follows 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) or amends the proposal, it takes effect as other ordinances of the legislative body. If the legislative body rejects the proposal, further consideration of the proposal is prohibited for one (1) year after the date of the proposal's rejection.

As added by P.L.202-2025, SEC.15.