Zoning ordinance pertaining to primary or secondary property prohibited

Sec. 46. (a) The development commission may not: (1) approve a petition for the amendment or adoption of a zoning ordinance pertaining or applying to primary or secondary property; or (2) adopt or amend an ordinance to the extent the ordinance pertains or applies to primary or secondary property; until the events described in subsection (b) have occurred. (b) The following must occur before the development commission may take action under subsection (a): (1) Notice of the filing of the petition before the development commission has been given by the petitioner to all interested parties not later than ten (10) days after the filing. (2) The matter has been referred to the commission, which has: (A) considered the matter applying the standards stated in section 47 of this chapter and made a recommendation to the development commission; or (B) failed to make a recommendation for a period of one hundred twenty (120) days following the referral of the matter to the commission for the commission's recommendations, unless the time has been extended by the development commission for good cause shown. (3) A duly advertised public hearing on the matter has been held by the development commission. (4) The conclusions stated in section 47 of this chapter have been established by substantial evidence of probative value.