§ 36-7-4-1511 — Power of legislative body to delegate authority

(a) The legislative body may, in the
zoning ordinance, delegate authority to conduct secondary review of a
PUD district ordinance under section 1509(c) of this chapter.
(b) The legislative body may, in the zoning ordinance, delegate
authority to modify permitted uses or development requirements that
are specified in a PUD district ordinance.
(c) The legislative body may, in the zoning ordinance, delegate the
authority to conduct secondary reviews and grant approvals under
subsection (a) and to make modifications under subsections (b) and (i)
to any of the following:
(1) The plan commission.
(2) A hearing examiner or committee designated by the plan
commission under section 402(d) of this chapter.
(3) At least one (1) employee designated by the plan commission.
(d) If authority is delegated under subsection (c)(1), the zoning
ordinance may provide for an appeal to the legislative body of the
decision of the plan commission.
(e) If authority is delegated under subsection (c)(2) or (c)(3), the
zoning ordinance must provide for an appeal to the legislative body or
the plan commission of the decision of the hearing examiner,
committee, employee, or group of employees.
(f) If the zoning ordinance provides for an appeal under subsection
(d) or (e), the zoning ordinance must specify the appeal procedure.
(g) If authority to conduct secondary reviews is delegated under
subsection (a), the legislative body must establish the following in the
zoning ordinance:
(1) The nature of the proceedings required for conducting
secondary review.
(2) The type of notice, if any, that must be given.
(h) Except as provided in subsection (i), if authority to make
modifications in permitted uses or development requirements is
delegated under subsection (b), a public hearing must be held before
a modification is made. A hearing under this subsection must be
conducted in the manner established by the legislative body in the
zoning ordinance. Notice of the hearing must be given in the same
manner as notice is given under section 604(b) and 604(c) of this
chapter.
(i) The legislative body may define in the zoning ordinance minor
modifications that may be made without a public hearing under
subsection (h). The legislative body must establish in the zoning
ordinance the nature of the proceedings and any notice required for the
making of a minor modification under this subsection.
(j) The legislative body may, in the zoning ordinance, delegate
authority to the plan commission to establish rules governing the nature
of the proceedings and any notice required to conduct secondary
review, grant an approval, or make a modification under this section.
(k) A decision of the plan commission to grant or deny an approval
or a modification under this section, whether made after an original
hearing or the hearing of an appeal, is a final decision that may be
reviewed under section 1016 of this chapter.

Legislative History

As added by P.L.320-1995, SEC.41.