(A) Appeal process. Any order, requirement, decision, or determination by the Executive Director regarding a secondary approval, or a modification of a preliminary plan or secondary approval, may be appealed to the Area Plan Commission by any person claiming to be adversely affected by that order, requirement, decision, or determination.
(B) Procedures. The procedures for such an appeal are as follows.
(1) Every appeal shall be filed within 30 days from the order, requirement, decision, or determination.
(2) All appeals shall be determined by the Area Plan Commission at a public hearing for which:
(a) The party bringing the appeal has provided stamped envelopes for the owner of the real estate and all abutting property owners in accordance with the Area Plan Commission Resolution No. 168-06, as the same may be amended from time to time, regarding notice for rezoning petitions; and
(b) Notice has been mailed to the owner of the real estate and all abutting property owners by the Area Plan Commission.
(3) The Area Plan Commission hearing shall be de novo, in the same manner as though the application was originally filed with the Area Plan Commission.
(4) The decision of the Area Plan Commission with respect to a secondary approval, or a modification of a preliminary plan or secondary approval, shall be a final decision that may be reviewed only by certiorari procedures as provided in I.C. 36-7-4-1016.
(Ord. 1221, § 6(g), passed 1-26-2010)