(a) In the development of a ECPDD, it is recognized that the flexibility of such plan is desirable and that from time to time amendments to the overall preliminary plan may be appropriate. Accordingly, if at any time an owner or owners of the property within a ECPDD shall determine that amendments to the Overall Preliminary Plan are appropriate, such owner or owners must file an application for amendment with the Planning Commission.
(b) Such application shall include a description of the amendment requested, a statement for the reasons for such amendment, and a final development plan for the area in which the amendment is requested.
(c) Such amendments shall be granted in accordance with the procedures established in this chapter. The Planning Commission shall not approve any amendments unless:
(1) No applicable general requirement is violated by the amendment requested.
(2) Though the type of dwelling unit to be constructed within an area may be changed by the amendment, the number of dwelling units to be constructed in the area shall not be increased from that shown on the Overall Preliminary Plan.
(3) All of the yard and related requirements applicable to use which is permitted by the amendment are shown as compiled by the Final Development Plan.
(4) The character of the area of the ECPDD as amended is not adversely affected by the proposed amendment.
(5) The applicant establishes that when all circumstances are considered that part of the original plan desired to be amended, is impractical or not feasible.
(d) If the amendment is approved, the Final Development Plan submitted with the application shall be the Final Development Plan for the area covered thereby and the Planning Commission and Council shall be authorized to issue its approval of the final development plan as amended, if all other conditions and requirements have been met for buildings or structures to be constructed in accordance with the final development plan as amended.
(Ord. 4-2005. Passed 3-22-05.)