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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 1404. (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.
Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-4-1404 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-4-1404/
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