(A) A property owner may file a written application with the Director to amend an approved development plan on property they own.
(B) The Director shall review modifications to the development plan and determine compliance with applicable land use and development standards and requirements and also determine whether a substantial deviation from the approved development plan has occurred.
(1) A substantial deviation shall include, but is not limited to, a:
(a) Modification of building location which would affect setback distances or buffering from adjacent residential property;
(b) Relocation of an access point to the site;
(c) Major redesign of the parking and vehicular use area; or
(d) Fundamental change in the overall concept of the development.
(C) If the Director determines that the proposed modification is inconsistent with applicable land use or development standards and requirements, or that a substantial deviation exists, the modified development plan must be resubmitted and approved by the Development Plan Committee in the same manner as an original development plan and prior to the issuance of an improvement location permit.
(D) If the modified plan is consistent with applicable land use and development standards and requirements, and if no substantial deviation exists, the Director may approve the amended development plan. Interested parties who were notified of the initial development plan application, and those who presented evidence to, or appeared at the meeting of, the Plan Commission at the time of the original development plan approval, shall be provided notice of the decision to approve the amended development plan. The notice shall be mailed no later than two working days after the date of approval of the amended development plan, and shall allow ten calendar days from the date of approval to file an appeal of the decision. If an appeal is filed, it shall be reviewed in accordance with § 158.119 and applicable law.
(E) The Director shall make written findings concerning each decision to approve or disapprove an amendment to a development plan. The Director shall sign the written findings.
(Ord. 8-C-96, passed 5-14-96; Am. Ord. 18-C-14, passed 7-29-14)