(A) General requirements. After the Commission has granted either primary or secondary approval of a development plan, any amendments thereto shall be submitted by the applicant to the Zoning Administrator by way of an amended application for the type of approval sought, on a form prescribed by the Commission. Any application shall also be accompanied by the pertinent submissions required under this chapter for the proposed amendments involved, together with the requisite filing fee if a public hearing is required hereunder to be held upon the amended application.
(B) Execution of amended application. Any application submitted for amendment of a development plan following the granting by the Commission of primary approval, but prior to the granting of secondary approval, need contain only the signature(s) of the original applicant(s), or the successor(s) in interest thereto. After secondary approval of a development plan has been granted, any applications for proposed amendments thereto shall contain the signatures of all owners of record, as shown in the Real Estate Master File maintained by the County Auditor at the time the application is filed, of the real estate included in that portion of the development plan for which secondary approval had previously been granted and for which amendment is being sought.
(C) Requirement for public hearing. If, in the opinion of the Zoning Administrator, the amendment to the development plan proposed in the application is substantial, in terms of the scope of the overall project and/or the possible impact upon the community and land uses, both existing and planned, which surround the area included in the development plan, then the Zoning Administrator may either require the matter to be heard by the Commission at a public hearing, or defer the decision to the Plan Commission for a determination of a public hearing. In the event the determination is to be made by the Plan Commission, notice of the date and time of the meeting of the Commission at which the determination is to be made shall be given by the Zoning Administrator to the applicant. No other notice need be given, except as required by law. Any action by the Commission in determining whether a public hearing must be held before the Commission upon the amendments proposed by the applicant shall be a final decision, which may not be appealed to the Commission except by a dissenting Commission member as provided by rule.
(D) Commission action. Notwithstanding the foregoing provisions, nothing in this section shall preclude the Commission from requiring, as a condition for the granting of primary approval of an overall development plan, that subsequent public hearings be conducted before the Commission, as to any portions of the overall development plan or any later amendments, alterations or modifications proposed with regard thereto. The Commission may, however, waive any procedural or submission requirements otherwise provided under this chapter, which it may deem necessary when reviewing a change to an approved development plan.
(E) Conduct of subsequent public hearing. If the Commission requests, or is required under the provisions of this chapter, to conduct a second or subsequent public hearing for approval of a development plan or an amendment thereto, then the hearing shall be conducted and notice furnished in accordance with the provisions of this chapter and the pertinent rules duly adopted by the Commissions.
(Ord. 466, § 2-13-9, passed 5-11-98)