(1) Amendments to development plans pending determination by the Plan Commission. Amendments to development plans pending determination by the Plan Commission may be made by the applicant at any time prior to a vote being called for by the Plan Commission. If, in the sole discretion of the Plan Commission, the proposed amendment is of such a nature that additional time is needed for review, the Plan Commission may continue the consideration of such amended development plan to the next meeting of the Plan Commission.
(2) Amendments to development plans pending determination by the Director. Amendments to development plans pending determination by the Director may be made by the applicant at any time prior to a determination being made by the Director. If, in the sole discretion of the Director, the proposed amendment is of such a nature that additional time is needed for review, the amended development plan shall be reviewed within the time frames set forth above for the review of development plans by the Director.
(3) Amendments to approved development plans.
1. Minor amendments to any development plan which has already received approval from the Plan Commission or the Director; and
2. Minor additions to sites which include existing development authorized prior to the effective date of this ordinance.
(b) Determination of minor amendments or minor additions.
1. Those projects listed in:
a. Table 5.5-A: Gateway Corridor Development Plans;
b. Table 5.5-B: Commercial/Industrial Development Plans Within 600 Feet of a Residential District;
c. Table 5.6-A: TC: Town Center District Development Plans; or
d. Table 5.6-B: R-U: Urban Residential District and MU: Mixed Use District Development Plans, as having an “approval authority” of “Director” shall be eligible for review and determination through the improvement location permit process as a minor amendment or a minor addition without the filing of a development plan.
2. All projects listed on said Tables as having an “approval authority” of “Plan Commission” shall file a development plan for review and determination by the Plan Commission.
(c) Director’s authority.
1. The Director is hereby authorized to approve minor amendments to development plans or minor additions to sites which include existing development through the improvement location permit process and without a public hearing if, in the determination of the Director, the requested minor amendments or minor additions:
a. Do not adversely impact the purpose or intent of the overall development;
b. Do not include a substantial increase in intensity of any land use relative to the previous land use on the real estate; and
c. Comply with the applicable development requirements specified in Article 5.2, Article 5.3, Article 5.4, Article 5.5 or Article 5.6.
2. a. If the Director determines that a request for minor amendment to a development plan or a minor addition to an existing development does not comply with the requirements set forth above, the Director may:
i. Deny the request; or
ii. Refer to the request to the Plan Commission for determination.
b. Any request referred to the Plan Commission for determination shall be accompanied by an application for development plan approval and shall be subject to all application, fee, notice and hearing requirements specified above for new development.
(d) Reporting. Minor amendments or minor additions authorized by the Director shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.
(e) Appeal.
1. Any decision of the Director regarding a minor amendment of a development plan or a minor addition may be appealed by any interested party as follows:
a. An appeal of the interpretation of a development standard of the applicable district shall be to the Board of Zoning Appeals;
b. An appeal of the interpretation of any other development requirement specified in this Article V shall be to the Plan Commission; and
c. An appeal of a determination to approve or deny a minor amendment of a development plan or a minor addition shall be to the Plan Commission.
2. All appeals shall be filed within 30 days of such determination.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 11-2004, passed 6-14-2004; Ord. 39-2006, passed 10-9-2006; Ord. 27-2007, passed - -2007; Ord. 06-2011, passed 6-13-2011; Ord. 32-2020, passed 10-12-2020)