(A) The Plan Commission may appoint a hearing officer and may establish an alternate procedure under which the hearing officer may approve or deny variances from the design standards of this chapter, special uses, conditional uses, and special exceptions from the terms of this chapter. With respect to such matters, the hearing officer shall have the power of the Board of Zoning Appeals. The hearing officer may be a Board of Zoning Appeals member, a Plan Commission staff member or any other person. The Plan Commission may appoint more than one hearing officer. A hearing officer serves at the pleasure of the Plan Commission and may be removed by the Plan Commission at any time, without cause.
(B) With respect to an alternate procedure, the Plan Commission may adopt rules:
(1) Limiting the kinds of variance, special use, contingent use, conditional use or special exception petitions that may be filed under the alternate procedure;
(2) Permitting the hearing officer, in appropriate circumstances, to transfer a petition filed under the alternate procedure to the Board of Zoning Appeals;
(3) Requiring the creation of minutes and records of the proceedings before the hearing officer and the filing of the minutes and records as public records; and
(4) Regulating conflicts of interest and communications with the hearing officer, so as to require the same level of conduct required of the Board of Zoning Appeals in the conduct of its business.
(C) The Plan Commission staff may file a written objection to a petition for a variance, exception, or use if:
(1) It would be injurious to the public health, safety, morals and general welfare of the community; or
(2) The use or value of the area adjacent to the property included would be affected in a substantially adverse manner.
(D) If a written objection is filed by the Plan Commission staff, the petition shall:
(1) Be considered withdrawn; or
(2) Be transferred to the Board of Zoning Appeals if requested by the petitioner.
(E) The Plan Commission staff may indicate that it does not object to the approval of the petition if specified conditions are attached. If the applicant does not accept these conditions, the petition shall:
(1) Be considered withdrawn; or
(2) Be transferred to the Board of Zoning Appeals if requested by the petitioner.
(F) The hearing officer may impose conditions and may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel, in the same manner that the Board of Zoning Appeals may impose conditions or require written commitments. If the applicant for the variance, exception, or use does not accept these conditions or make the commitment, the petition shall:
(1) Be considered withdrawn; or
(2) Be transferred to the Board of Zoning Appeals if requested by the petitioner.
(G) The hearing officer may not modify or terminate any commitment made to the hearing officer or to the Board of Zoning Appeals.
(H) A decision of a hearing officer under the alternate procedure may not be a basis for judicial review, but it may be appealed to the Board of Zoning Appeals. An interested person who wishes to appeal a decision of a hearing officer under the alternate procedure must file the appeal with the Board of Zoning Appeals within 14 days after the decision is made.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)