Section 36-7-4-610 - Zoning ordinance; notice of adoption; printing; presumption; effective date; copies(a) After adoption of a zoning ordinance under section 606 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 or 607 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, 607, 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.
Amended by P.L. 126-2011, SEC. 16, eff. 7/1/2011.As added by Acts1981 , P.L. 309, SEC.23. Amended by P.L. 335-1985, SEC.24; P.L. 220-1986, SEC.21.