Amendments to approved development plans can be made only by official Planning Commission action in a public hearing. However, amendments which fully meet the requirements set forth hereinafter for minor amendments may be approved and certified by the Commission's Secretary without further action by the Commission.
(a) Minor Amendments Defined. Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments:
(1) Shall not decrease the overall land area in yards, or other open spaces;
(2) Shall not increase building ground area coverage, floor area, or height, or increase the number of dwelling units;
(3) Shall not increase the number or size of signs;
(4) 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, except that shifts in the approved access location not exceeding twenty-five (25) feet may be approved as a minor amendment where the access point is not located on an arterial street and the Divisions of Traffic Engineering and Planning concur that such relocation will not have a negative effect on traffic safety and movement.
(b) Procedures for Minor Amendments. Shall be as follows:
(1) Filing. The developer shall file the following materials with the Division of Planning: a reproducible tracing of the plan prepared on Mylar or other material capable of clear reproduction using ozalid print process; three (3) blue or black line prints of the tracing; and a filing fee in the amount determined by the Commission's adopted fee schedule.
(2) Review. The Division of Planning shall review the plan for compliance with all applicable requirements and ordinances and shall consult with the Divisions of Building Inspection, Traffic Engineering, Engineering, and others as appropriate to ensure proper plan review. Upon determination that all requirements have been met, the Commission's Secretary shall certify the plan as approved. If any question arises as to compliance, or if the Division of Planning feels that the proposed amendment raises issues deserving the attention of the full Commission, however, the plan shall be referred to the full Commission for action.
(3) Certification. Upon certification of approval by the Commission's Secretary, the Division of Planning 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.
(c) Content and Format of Minor Amendments. Minor amendments shall have the same content and format requirements as the original development plan, except that:
(1) The title shall indicate the plan is a minor amendment;
(2) A note shall be added listing the exact nature of the requested changes (no plan change shall be considered in effect unless it is referenced in this note); and
(3) The following will be the required language for the Commission's certification: "I do hereby certify that this development plan amendment complies with the provisions of Section 21-7 of this Zoning Ordinance."
(d) Content and Format of Major Amendment Requirements. Major amendments to development plans shall have the same content and format requirements as the original development plan, except that:
(1) The title shall indicate the plan is an amended development plan; and
(2) A note shall be added listing the exact nature of the requested changes.
No plan change shall be considered in effect unless it is referenced in this note.
(e) Major Amendment Procedures. The procedure for a major amendment to a development plan shall be the same as for the original submission as specified in Section 21-4 above. However, in addition to the standards listed in Section 21-4(c), the Commission may also disapprove or modify the requested amendment if it finds that such amendments will adversely affect the public health, safety and welfare, or alter the essential character of the development as originally approved.
(Code 1983, § 21-7; Ord. No. 30-88 , § 1, 2-25-1988; Ord. No. 134-2014 , § 1, 11-13-2014; Ord. No. 70-2015 , § 1, 6-18-2015)
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