(A) Minor modifications.
(1) Administration. The Administrative Officer may from time to time approve minor modifications of the preliminary plan and/or final 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.
(a) Procedure. To request a minor modification, the property owner(s), developer, or applicant shall provide the Administrative Officer 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 Administrative Officer, or his or her designee, 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.
(b) Public notice. In addition to that which may be required by the Rules and Procedures of the Plan Commission, notice to adjacent property owners shall be required for the review or approval of minor modifications. The notice shall be as prescribed by § 154.201, Notice of Public Hearing, of this chapter.
(2) Appeal. Any affected party may appeal any minor modification decision by the Administrative Officer to the Board of Zoning Appeals within 30 days of the determination.
(3) 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 subchapter.
(B) 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 to be conducted in the same manner as that for initial approval of either the preliminary plan or detailed plan, whichever is being modified. Notice of the hearing must be given as prescribed by this chapter.
(Ord. 121410, passed 1-11-2011)