Section 36-7-4-605 - Certification of proposed ordinance or zone map change(a) ADVISORY-AREA. A proposed zoning ordinance shall be certified to each participating legislative body by the plan commission as follows:(1) If the proposal is to adopt an initial zoning ordinance (or to adopt a replacement zoning ordinance after repealing the entire zoning ordinance, including amendments and zone maps) under section 606 of this chapter, it may be certified only if it receives a favorable recommendation from the commission.(2) If the proposal is to amend or partially repeal the text (not zone maps) of the ordinance under section 607 of this chapter, it may be certified with a favorable recommendation, an unfavorable recommendation, or no recommendation from the commission.(3) If the proposal is to change the zone maps incorporated by reference into the ordinance under section 608 of this chapter, it may be certified with a favorable recommendation, an unfavorable recommendation, or no recommendation from the commission.(b) METRO. Except as provided in subsection (c), a proposal shall be certified to the legislative body by the metropolitan development commission only if it receives a favorable recommendation from the commission.(c) METRO. A proposal to change the zone maps incorporated by reference into the ordinance under section 608 of this chapter shall be certified to the legislative body of the county or if the proposal concerns real property located within the boundaries of an excluded city (as described in IC 36-3-1-7), the legislative body of the excluded city, regardless of whether the proposal receives a favorable recommendation, an unfavorable recommendation, or no recommendation from the commission.(d) The legislative body shall consider the recommendation (if any) of the commission before acting on the proposal under section 606, 607, or 608 of this chapter.Pre-Local Government Recodification Citations: 18-4-8-3 part; 18-7-2-42; 18-7-4-605; 18-7-4-49; 18-7-5-62 part; 18-7-5-63 part.
Amended by P.L. 161-2021,SEC. 4, eff. 7/1/2021.Amended by P.L. 88-2014, SEC. 1, eff. 7/1/2014.As added by Acts1981 , P.L. 309, SEC.23. Amended by Acts1981 , P.L. 45, SEC.20; P.L. 335-1985, SEC.19; P.L. 220-1986, SEC.19.