(A)   No building permit shall be granted for construction of any mixed-use structure or project that is subject to the provisions of this section until final approval has been granted for a land development project by the Planning Board and recorded in the land evidence records, except as follows. Small-scale projects, independently developed in accordance with an approved mixed-use project master plan shall be encouraged. Therefore, where master plan approval has been granted for a phased project, preliminary approval and final plan approval may be granted at the discretion of the Planning Board for an individual phase or phases, and construction may commence on that phase or phases independent of other phases.
   (B)   Mixed-use development shall be reviewed and approved by the Planning Board in accordance with the procedures set forth in the Middletown Rules and Regulations Regarding the Subdivision and Development of Land (Regulations) for a major land development project, including potential referral to the Technical Review Committee, and is also subject to review under the development plan review process as provided for in this subchapter and in accordance with procedures and standards set forth in the Regulations and as further provided herein.
   (C)   Any development approved under this subchapter that then seeks approval for expansion of, or a change in the distribution of percentage of types of use(s) of existing or proposed buildings shall be reviewed as a new development.
   (D)   Pursuant to R.I. Gen. Laws § 45-22-7(c), for development applications being reviewed under the provisions of this section, the Planning Board shall have the authority to grant special use permits and variances as may be requested in relation to the requirements of this chapter subject to the required procedures and findings contained in § 902 Special Use Permit, and § 903 Variances.
(Ord. 2018-16, passed 9-4-18)