(A) Administration. The Planning Director may from time to time approve minor modifications of the detailed plan without a public hearing consistent with I.C. 36-7-4-1511(i). The modifications shall be consistent with the purpose and intent of the overall development and the approved preliminary plan. Such modifications shall not include any change in type of use, any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, any change in access points, or any alteration of the development requirements.
(1) Procedure. To request a minor modification, the property owner, developer, or applicant shall provide the Planning Director with a letter that identifies the PUD and the requested minor modification. The letter shall be accompanied by any necessary supporting drawings or other materials. The Planning Director shall provide a written response within 15 business days informing the applicant if the minor modification has been approved. All materials relating to the minor modification shall be kept on file with the other PUD materials in the office of the Plan Commission.
(2) Public notice. No notice, in addition to that which may be required by the rules and procedures of the Plan Commission, shall be required for the review or approval of minor modifications.
(B) Appeal. Any affected party may appeal any minor modification decision by the Planning Director to the Plan Commission within 30 days of the determination.
(C) Rules and procedures. The Plan Commission may, through its rules and procedures, establish rules governing the nature of proceedings and notice required to make a minor modification under this chapter per I.C. 36-7-4-1511(j).
(D) Major modifications. Major modifications that may include any change in type of use, any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, any change in access points, or any alteration of the development requirements shall require a public hearing conducted in the manner established by the legislative body pursuant to § 156.052. Notice of the hearing must be given in the same manner as notice is given under § 156.052(F).
(Ord. 2007-1B, passed 2-5-07)
Statutory reference:
Minor modifications, see I.C. 36-7-4-1511(i)