(A) The Zoning Administrator shall have the authority to issue an improvement location permit for construction of an improvement within a development plan district without the prior submission and approval of a development plan, if the Plan Commission determines that the following circumstances exist:
(1) The proposed improvement would not have a significant impact upon adjacent land uses, or upon the streets, utilities, storm drains, or other public improvements that serve the real estate on which the improvement is to be located; and
(2) The public convenience and welfare would not be substantially served by requiring the submission of a development plan for the proposed improvement.
(B) If the Plan Commission determines that the circumstances set forth in division (A) above can only be met if certain conditions are satisfied, the Plan Commission may impose conditions which must be satisfied by the applicant before the issuance of the permit.
(C) The determination by the Plan Commission to waive, or not to waive, the requirement of a development plan under division (A) above and the determination by the Zoning Administrator to impose conditions on a permit under division (B) above are not appealable to the Board of Zoning Appeals or to the Town Council. If the Plan Commission imposes conditions for the issuance of a permit under division (B) above, and the applicant disagrees with those conditions, the applicant may submit a development plan for approval by the Plan Commission in accordance with the normal requirements of this subchapter.
(D) When a development plan is submitted in accordance with the normal requirements of this subchapter, the Zoning Administrator shall have the authority to waive any of the requirements of § 152.189 of this subchapter (pertaining to the content of development plans and supporting information) if the Zoning Administrator determines that any of the documentation or information required under § 152.189 would not assist the Plan Commission in determining whether the development standards have been met.
(E) When a development plan is submitted in accordance with the normal requirements of this subchapter, the Plan Commission shall have the authority to waive any of the requirements of § 152.187 of this subchapter (pertaining to development standards) if the Plan Commission determines that the following conditions are met:
(1) The applicant can demonstrate that compliance with the standards for which a waiver is sought, places an unreasonable hardship on the applicant because of a unique quality of the land upon which the improvement is to be located, or that a benefit to the local community which arises from a unique quality of the land or from an innovative nature of the proposal contained in the development plan would be lost if the standards of this subchapter are strictly adhered to;
(2) Waiver of the development standards at issue would not have a significant impact upon adjacent land uses, and upon the streets, utilities, storm drains, and other public improvements that serve the real estate on which the improvement is to be located; and
(3) The public convenience and welfare would not be substantially served by requiring the rigid compliance with the development standards at issue.
(Ord. passed - - )