§ 36-7-4-1404 — Review and appeal

(a) If a zoning ordinance designates a
zoning district under section 1401.5(a) of this chapter and authority is
delegated under section 1402(c) of this chapter, the zoning ordinance
must describe the following:
(1) The duties of the plan commission staff, hearing examiner, or
committee in reviewing a development plan.
(2) The procedures for review of a development plan by the plan
commission staff, hearing examiner, or committee.
(3) The procedures for an appeal to the plan commission of a
decision made by the plan commission staff, hearing examiner, or
committee.
(b) A plan commission staff, hearing examiner, or committee to
which authority has been delegated under section 1402(c) of this
chapter may make a decision concerning a development plan without
a public hearing if the zoning ordinance provides for an appeal of the
decision directly to the plan commission.
(c) The zoning ordinance may provide for a hearing procedure for
review of a development plan that is similar to the hearing procedure
for review of subdivision plats under the 700 series of this chapter. If
such a procedure is adopted, the zoning ordinance may provide that
public notice and hearing are not required for secondary review of a
development plan. If notice and hearing are not required for secondary
review of a development plan, the primary approval or disapproval of
a development plan is a final decision of the plan commission that may
be reviewed only as provided in section 1016 of this chapter.

Legislative History

As added by P.L.320-1995, SEC.27.