Current through P.L. 171-2024
Section 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.As added by P.L. 320-1995, SEC.27.