(A) All Tier 1 and Tier 2 projects subject to this subchapter shall be considered at two public hearings before the Area Plan Commission and shall comply with all requirements of this subchapter. The first hearing shall consider granting preliminary approval. The second hearing shall consider granting final approval. Final approval may not be granted sooner than 28 days after preliminary approval absent extraordinary circumstances proven by the applicant to the satisfaction of the Area Plan Commission.
(B) Tier 3 projects are required to submit only a final development plan and need only one hearing for consideration and approval of a final development plan. Tier 3 projects need submit only the following with its final development plan application: § 153.126(A), (B), (D) and coordination with any applicable agencies listed in (E), and § 153.127(D).
(C) An application for any use designated as a special exception shall be heard by the Board of Zoning Appeals prior to submission of a site development plan to the Area Plan Commission. Applicant may submit the preliminary site development plan and the special exception application at the same time, however, the BZA must take action on the special exception application prior to the public hearing on a preliminary site development plan before the Area Plan Commission.
(D) Following final approval, the applicant must comply with the requirements as set forth in this subchapter with respect to receiving improvement location permits for the project.
(E) Any applicant seeking a variance allowed under § 153.131(J) from any setback or height restriction requirement of this subchapter must receive that approval from the applicable Board of Zoning Appeals and submit such variance approval with its final development plan application. Only the Area Plan Commission may approve any departure from the procedures for approval or any modification of final approval.
(F) All information provided and gathered during a preliminary development plan review and/or a final development plan review may be used by the Commission in determining whether to approve or disapprove the plan and, if approved, what reasonable additional restrictions or provisions shall be included in the plan in addition to those outlined herein.
(Ord. 20-07, passed 3-4-20)