§ 36-7-4-923 — Alternate procedure for expedient disposition of petitions; hearing officers

Indiana § 36-7-4-923

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 4: Local Planning and Zoning

Text

(a) This section allows the establishment
of an alternate procedure under which there can be a more expedient
disposition of certain matters that otherwise would be heard by a board
of zoning appeals. When authorized by ordinance or by rules of the
plan commission, a hearing officer has the power of a board of zoning
appeals to approve or deny, through the alternate procedure allowed by
this section:
(1) a variance from the development standards of the zoning
ordinance in accordance with section 918.5 of this chapter; or
(2) a special exception, special use, contingent use, or conditional
use from the terms of the zoning ordinance in accordance with
section 918.2 of this chapter; or
(3) a variance of use from the terms of the zoning ordinance in
accordance with section 918.4 of this chapter. However, the
authority of a hearing officer under this subdivision may be
exercised only if:
(A) the area planning law is not applicable; and
(B) the variance of use would allow all of the following:
(i) The expansion of a use currently existing on the tract.
(ii) A use that is consistent with the comprehensive plan.
(b) All requirements for variances, exceptions, and uses imposed by
the 900 series of this chapter apply to the alternate procedure, except
to the extent that a provision of section 924 of this chapter imposes a
different requirement.
(c) The alternate procedure does not apply in any excluded city as
described in IC 36-3-1-7. Sections 919(f) and 922 of this chapter do not
apply to the alternate procedure.
(d) The hearing officer (who may be a board member, a staff
member, or any other person) shall be appointed by the plan
commission. More than one (1) hearing officer may be appointed. A
hearing officer may be removed from the officer's responsibilities at
any time by the plan commission.
(e) The plan commission may adopt other rules or recommend
ordinances for the alternate procedure not inconsistent with the 900
series of this chapter. These rules or ordinances may specify the period
during which the staff may indicate whether the staff objects to the
proposed variance, exception, or use. These rules or ordinances may
also provide for public notice and due notice to interested parties in
accordance with section 920(b), 920(c), and 920(d) of this chapter, but
the rules or ordinances may, because of the nature of the petitions
heard under the alternate procedure, provide for a less inclusive
definition of "interested person" and provide for a quicker and less
burdensome method of giving notice to interested persons than rules
applicable to petitions not filed under the alternate procedure.
(f) METRO. For purposes of subsection (d), the director of the
department of metropolitan development shall nominate, and the plan
commission shall appoint, all hearing officers. Such a hearing officer
may be removed from the officer's responsibilities at any time by either
the director or the plan commission.
(g) METRO. The plan commission may, if requested by a historic
preservation commission created under IC 36-7-11.1-3, appoint:
(1) a member of the historic preservation commission;
(2) a member of the historic preservation staff; or
(3) a person who is an employee of the department of
metropolitan development;
as a hearing officer to act in a historic area or historic zoning district
created under IC 36-7-11.1-6. The hearing officer may be removed
from the hearing officer's responsibilities at any time by either the
historic preservation commission or the plan commission.
As added by Acts 1982, P.L.212, SEC.8. Amended by
P.L.357-1983, SEC.20; P.L.320-1995, SEC.15; P.L.321-1995, SEC.5;
P.L.126-2011, SEC.31.