(A) The petitioner may wish to make changes to the approved final detailed plans after recordation. The Administrator shall make a determination if the changes constitute a minor modification or a major modification. An approved written determination of minor modification by the Administrator shall be attached to the amended final plans before recording. A major modification will require rezoning.
(B) A minor modification cannot include:
(1) Any increase in residential density;
(2) Any decrease in residential density of 10% or more;
(3) Any change in building dimension or location other than within the defined building envelope;
(4) Any change in lot lines;
(5) Any change in landscaping other than substitution of species or redesign with the same materials;
(6) Any alteration in the size and/or location of signage;
(7) Any change in the alignment or intersection of streets; or
(8) Any change in restrictive covenants, or horizontal property ownership and owner’s association documents regarding the items in divisions (B)(1) through (B)(7) above.
(C) The petitioner shall provide the Administrator an as-built survey locating buildings and common lot lines after the foundations are in place for all condominium or attached zero lot line projects. The revised plans needs to be submitted to and approved by the Administrator and recorded as amended final detailed plans.
(D) Changes to restrictive covenants and any horizontal property ownership and owner’s association documents can only be initiated by a majority of property owners within the planned unit development. Multiple owners of a single unit shall be considered one owner. The developer shall be considered a single owner until all property is sold. The proposed changes shall be reviewed by the Administrator and the determination made as to whether the changes amount to a minor or major modification. The disposition of the minor or major modification shall be made as stated in § 156.121 of this code.
(Ord. passed 12-12-2002)