SB 35-1_ Filed 01/19/2006, 14:27 ChairPerson


COMMITTEE REPORT





MADAM PRESIDENT:
    
     The Senate Committee on Rules and Legislative Procedure, to which was referred Senate Bill No. 35, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

            Delete everything after the enacting clause and insert the following:
        SECTION 1. IC 36-7-4-610 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 610. (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). subsections (e) and (h).
    (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) A zoning ordinance is not required to be included in the code of ordinances printed by a unit under IC 36-1-5. However, if the zoning ordinance is not included in that code, then two (2) copies of the book or pamphlet (and supplement, if any) 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.
    (g) If the zoning ordinance is not included in the code of ordinances, the clerk shall keep additional copies of the book or pamphlet (and supplement, if any) in the office for the purpose of sale or distribution. However, if the zoning ordinance is included in the code of ordinances, copies of the zoning ordinance shall also be made available to the public in accordance with IC 5-14-3.
     (h) A zoning ordinance that is adopted under section 606, 607, or 608 of this chapter without the written consent of an affected property owner that has the effect of materially altering the development standards applicable to the affected property owner's property or prohibiting a use previously permitted on the affected property owner's property is not effective or binding on the affected property owner or the affected property owner's property until the earlier of:     

    (1) three (3) years after the date of adoption of such zoning

ordinance; or
    (2) the date fee simple title to the affected property is conveyed to a subsequent owner.

    SECTION 2. An emergency is declared for this act.

    (Reference is to SB 35 as introduced.)     


and when so amended that said bill be reassigned to the Senate Committee on Judiciary.

___________________________

GARTON, Chairperson


RS 003502/ta
2006