All planned development applications must be at the time of filing be under single ownership, or control or single designated control. Provided, however, that after the adoption of an ordinance wherein the property is divided into specifically delineated subareas or subparcels, each having its own bulk and density standards, or similar subarea specific or subparcel specific development controls or requirements, the owners of or designated controlling party for each subarea may seek amendments, changes, or modifications for that subarea without the consent of the owners or designated controlling party of the other subareas. Single designated control for the purpose of this paragraph shall mean the party who is authorized by the applicant, its successors and assigns or any property owners association which is formed to succeed the applicant for the purposes of seeking approval of a Planned Development amendment, change or modification . This Section 17-8-0400 is not intended to interfere with, abrogate or annul any zoning rights agreement, deed restriction, or other written agreement between owners or designated controlling parties of subareas, or any provision in a Planned Development where the issue of subarea control is expressly addressed. Notwithstanding the foregoing, in no instance shall the owner or designated controlling party of a subarea be permitted to unilaterally seek an amendment, change or modification that would reduce any bulk, density, parking or similar development requirement generally available or applicable to all subareas, such as any unused bulk or density rights, or which would materially adversely reduce another subarea owner's right of access, or which would materially adversely reduce open space, walkways, or similar design requirements applicable to one or more subareas, or which would render another subarea a non- conforming use.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 1-11-06, p. 68321, § 1; Amend Coun. J. 4-15-15, p. 106130, § 15)