Indiana Code

Ind. Code § 36-7-4-609 (2026)

Zoning ordinances; vote required for action by legislative body; veto of city ordinances

✓ current as of May 2026

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Sec. 609. (a) ADVISORY. A legislative body may take action under section 606.5, 607.5, or 608 of this chapter only by a vote of at least a majority of all the elected members of the body.

(b) AREA. A legislative body may take action under section 606, 607, or 608 of this chapter only by a vote of at least a majority of all the elected members of the body.

(c) METRO. The legislative body may take action under section 606, 607, or 608 of this chapter only by a vote of at least three-fifths (3/5) of all the elected members of the body.

(d) AREA. Each city shall determine whether its zoning ordinances will be subject to veto by the executive of the city. If the city legislative body, by general ordinance, so provides, then each zoning ordinance adopted by that city under section 606, 607, or 608 of this chapter may be vetoed by the executive of the city. The executive must exercise the veto:

(1) in a case in which the legislative body adopts (as certified) the proposal, within ten (10) days after the legislative body acts;

(2) in a case in which the legislative body amends the proposal and the plan commission approves the amendment or fails to act, within fifty-five (55) days after the proposal is returned to the plan commission for its consideration;

(3) in a case in which the legislative body amends the proposal and confirms its original amendment by another vote, within ten (10) days after the legislative body confirms its original amendment; or

(4) in a case in which the proposal is to take effect because of the legislative body's failure to act within a period of days, within ten (10) days after the expiration of that period.

(e) ADVISORY. Each city shall determine whether its zoning ordinances will be subject to veto by the executive of the city. If the city legislative body, by general ordinance, so provides, then each zoning ordinance adopted by that city under section 606.5, 607.5, or 608 of this chapter may be vetoed by the executive of the city. The executive must exercise the veto according to the following:

(1) If the legislative body adopts a proposal under section 606.5 or 607.5 of this chapter, the executive must exercise the veto within ten (10) days after the legislative body acts.

(2) If the legislative body adopts an ordinance under section 608 of this chapter, the executive must exercise the veto:

(A) in a case in which the legislative body adopts (as certified) the proposal, within ten (10) days after the legislative body acts;

(B) in a case in which the legislative body amends the proposal and the plan commission approves the amendment or fails to act, within fifty-five (55) days after the proposal is returned to the plan commission for its consideration;

(C) in a case in which the legislative body amends the proposal and confirms its original amendment by another vote, within ten (10) days after the legislative body confirms its original amendment; or

(D) in a case in which the proposal is to take effect because of the legislative body's failure to act within a period of days, within ten (10) days after the expiration of that period.

(f) If a city zoning ordinance is not vetoed under subsection (d) or (e), it takes effect without any action being taken by the executive of the city.

(g) ADVISORY─AREA. If a city zoning ordinance is vetoed under subsection (d) or (e), it is defeated unless the city legislative body, at its first regular or special meeting after receiving the veto message, passes the ordinance over the veto by a two-thirds (2/3) vote.

[Pre-Local Government Recodification Citations: 18-7-4-609; 18-7-4-53 part; 18-7-5-67 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.34; P.L.335-1985, SEC.23; P.L.223-2025, SEC.12.

Notes of Decisions

Cited in 4 cases, 1988–2007 · leading case: Indiana Land Co., LLC v. City of Greenwood, 378 F.3d 705 (7th Cir. 2004).

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Indiana Land Co., LLC v. City of Greenwood, 378 F.3d 705 (7th Cir. 2004). · cites it 2× “" Ind.Code 36-7-4-609(b). Moreover, "if there is a constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must do so in that manner.”

City of Crown Point v. Misty Woods Props., LLC, 864 N.E.2d 1069 (Ind. Ct. App. 2007). · cites it 2× “” Ind.Code § 36-7-4-609(a). Unlike the tie vote in Fehrenbacher which was considered a failure to act, there was a majority vote here.”

City of Anderson v. Irving Materials, Inc., 530 N.E.2d 730 (Ind. 1988). · cites it 4× “Ind.Code § 36-7-4-609. The commission or legislative body may not reconsider the proposed ordinance for one year after the rejection.”

IN Land Co v. City of Greenwood (7th Cir. 2004). “” Ind. Code 36-7-4-609(b). More- over, “if there is a constitutional or statutory provision re- quiring a specific manner for exercising a power, a unit wanting to exercise the power must do so in that manner.”

— Ind. Code § 36-7-4-609(a) — 1 case

City of Crown Point v. Misty Woods Props., LLC, 864 N.E.2d 1069 (Ind. Ct. App. 2007). “” Ind.Code § 36-7-4-609(a). Unlike the tie vote in Fehrenbacher which was considered a failure to act, there was a majority vote here.”

— Ind. Code § 36-7-4-609(b) — 2 cases

Indiana Land Co., LLC v. City of Greenwood, 378 F.3d 705 (7th Cir. 2004). “" Ind.Code 36-7-4-609(b). Moreover, "if there is a constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must do so in that manner.”

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