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

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

Sec. 403.5. (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.

As added by P.L.321-1995, SEC.2. Amended by P.L.126-2011, SEC.14.