Indiana § 36-7-4-403.5 Duties; powers; combined hearing procedure

Indiana Statutes

§ 36-7-4-403.5 — Duties; powers; combined hearing procedure

Indiana § 36-7-4-403.5

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 4Local Planning and Zoning

This text of Indiana § 36-7-4-403.5 (Duties; powers; combined hearing procedure) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-7-4-403.5 (2026).

Text

5.

(a)If authorized by a zoning ordinance, the plan commission may designate a hearing examiner or committee of the commission to conduct a combined hearing procedure relative to developments that require more than one (1) hearing under this chapter. In conducting the combined hearing procedure under this section, the hearing examiner or committee of the commission may exercise the following:

(1)Powers of the hearing examiner or committee under section 402(d) of this chapter in relation to the 600 series of this chapter.

(2)Powers of the plat committee under the 700 series of this chapter.

(3)Powers of a board of zoning appeals under the 900 series of this chapter.

(4)Powers of the plan commission staff or a hearing examiner or committee of the plan commission under the 1400 series of

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5. (a) If authorized by a zoning ordinance,
the plan commission may designate a hearing examiner or committee
of the commission to conduct a combined hearing procedure relative
to developments that require more than one (1) hearing under this
chapter. In conducting the combined hearing procedure under this
section, the hearing examiner or committee of the commission may
exercise the following:
(1) Powers of the hearing examiner or committee under section
402(d) of this chapter in relation to the 600 series of this chapter.
(2) Powers of the plat committee under the 700 series of this
chapter.
(3) Powers of a board of zoning appeals under the 900 series of
this chapter.
(4) Powers of the plan commission staff or a hearing examiner or
committee of the plan commission under the 1400 series of this
chapter.
(b) Decisions of the hearing examiner or committee of the plan
commission under the combined hearing procedure may be excepted
to or appealed as follows:
(1) Decisions under the authority of section 402(d) of this chapter
in relation to powers granted under the 600 series of this chapter
shall be appealed to the plan commission in the same manner as
decisions of the hearing examiner or committee under section
402(d) of this chapter may be appealed.
(2) Decisions under the authority of the 700 series of this chapter
shall be appealed to the plan commission in the same manner as
decisions of the plat committee may be appealed.
(3) Decisions under the authority of the 900 series of this chapter
shall be appealed to the plan commission, within five (5) days
after the decision is rendered, and the plan commission shall
consider the petition in the same manner as the petition would be
considered by a board of zoning appeals.
(c) The plan commission shall make rules governing the hearing of
cases under the combined hearing procedure. The rules may not require
a petitioner or an applicant to use the combined hearing procedure
authorized under this section.
(d) The plan commission may adopt rules setting specific
procedures to facilitate informal settlement of matters. The rules may
grant procedural rights to persons in addition to those conferred by this
chapter, so long as the rights conferred upon other persons are not
substantially prejudiced. This subsection does not require any person
to settle a matter under the plan commission's informal procedures.