(A) Amendments to approved development plans can be made only by official Joint City-County Planning Commission action in a public hearing. Contents, format and procedures shall be as for the original submission.
(B) However, amendments which fully meet the requirements set forth hereinafter for minor amendments may be approved and certified by the Joint City-County Planning Commission’s designated agent without further action by the Joint City-County Planning Commission.
(1) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MINOR AMENDMENTS. To expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. The amendments:
(1). May be approved by the Planning Commission Director where the amendments are not inconsistent with the adopted binding elements for the general development plan and where the cumulative effect of the amendments results in less than a 10% variation in gross floor area and/or less than 5% of the total yard area provided in the adopted final development plan;
(2). Would eliminate, alter or add adopted binding elements or which exceed the maximum variations which may be approved by the Planning Director under division (B)(1)(a) of this section, shall be approved by the Planning Commission only after a public hearing, properly held in the same manner as for the original approval of the general development plan;
(3). Shall not change the location or cross section of any street and shall not increase the number or change the location of street access points on arterial or high traffic collector streets; and
(4). May include a reduction in parking spaces only when an associated reduction in floor area or number of dwelling units would permit a lesser number of minimum required off-street parking spaces than required for the original development plan. To qualify as a minor amendment, this reduction may be equal to but not exceed the difference in minimum required parking between the original plan and the proposed minor amended plan. For any case, where parking in excess of the minimum requirement was provided on the original development plan, that same number of spaces shall be provided in excess of the minimum requirement for the proposed minor amendment plan.
(2) Procedure for minor amendments.
(a) Filing. To request approval of minor amendments to development plans, the developer shall file with the Joint City-County Planning Commission a completed application form, filing fee and copies of the plan as required by the terms and conditions of the Joint City-County Planning Commission’s application form. The Joint City-County Planning Commission staff will make the submitted copies of the plan available to all other concerned agencies.
(b) Review. Joint City-County Planning Commission staff shall review the plan for compliance with all applicable requirements and ordinances and shall consult with concerned agencies as appropriate to assure proper plan review. Upon determination that all requirements have been met, the Joint City-County Planning Commission or its authorized agent shall certify the plan as approved. If any question arises as to compliance, however, the plan shall be referred to the Joint City-County Planning Commission for action.
(c) Certification. Upon certification of approval by the Joint City-County Planning Commission or its agent, Joint City-County Planning Commission staff shall have copies of the plan prepared and distributed to other public agencies at the expense of the developer and return the original plan tracing to the developer.
(3) Content and format of minor amendments. Minor amendments shall have the same content and format requirements as the original development plan, except that:
(a) The title shall indicate the plan is a minor amendment;
(b) A note shall be added listing the exact nature of the requested changes; and
(c) The following will be the required language for certification by the authorized agent of the Joint City-County Planning Commission: “I do hereby certify that this development plan amendment complies with Zoning ordinance provisions regarding amendments to development plans.”
(1989 Code, § 152.21) (Ord. 1975, passed 9-28-1992; Am. Ord. 2026, passed 8-23-1993)