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 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.
Indiana Legal Code