§ 5.7  MODIFICATIONS TO THE APPROVED PUD.
   (A)   Major modifications requiring new preliminary plan approval.  New planned unit development preliminary plan approval by the Plan Commission shall be required for changes which alter the concept or intent of the PUD District including, but not limited to:
      (1)   Significant changes in the proportion or allocation of land uses;
      (2)   Changes in the type of approved uses;
      (3)   Changes in the location of uses;
      (4)   Lessening of aesthetic treatments;
      (5)   Changes in functional uses or open space, where the change constitutes an intensification of use of the open space;
      (6)   Changes in the final governing agreements, requirements or commitments where the changes conflict with the preliminary plan approval;
      (7)   Density increases;
      (8)   Changes to the internal street system or off-street parking areas which the Administrator considers to be significant;
      (9)   Significant changes in drainage management structures, as determined by the Administrator;
      (10)   Changes in access to the development site, where the change amounts to an intensification in the traffic patterns of roadways; and/or
      (11)   All other changes not expressly addressed under subsection (B) below.
   (B)   Minor modifications.
      (1)   The following changes are considered minor modifications to the PUD final detailed plan, and may be approved by the Administrator. The Administrator may choose to send a minor modification request directly to the Plan Commission if the opinion is that it would be in the best interest of the community, or if the request appears to be controversial.
      (2)   The Administrator’s decision may be appealed to the Plan Commission by the property owner.
         (a)   Changes in lot arrangement, but not size, which are not detrimental to the proposed thoroughfare pattern of the development;
         (b)   Substitutions of plants;
         (c)   Reduction of parking spaces or setbacks by less than 5%;
         (d)   Increase in building square footage or height by less than 10%;
         (e)   Changes to the internal street system or off-street parking areas, which are considered minor by the Administrator;
         (f)   Minor changes in drainage management structures, as determined by the Administrator; and/or
         (g)   Changes in access to the development site, where the change amounts to a reduction in intensity in the traffic patterns of roadways, as determined by the Administrator.
(Ord. 07-16, passed 12-10-2007)