(A) Minor amendments.
(1) MINOR AMENDMENTS are modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved development plan, and are consistent with the design criteria of this article. Minor amendments may include, but not be limited to, variations of not more than five feet to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the development site; or changes to gross floor area of not more than 5% of the approved square footage of residential floor area or retail, office, common areas and other nonresidential floor area.
(2) Minor amendments consistent with the design criteria outlined in § 12-8E-9 of this article may be approved by the Department of Community Development. All minor amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development.
(3) Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within or adjacent to the zone district that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no later than five days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the administrative action. In all cases the report to the Planning and Environmental Commission shall be made within 20 days from the date of the staff’s decision on the requested amendment.
(4) Appeals of staff decisions may be filed by adjacent property owners, owners of property within the zone district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in section 12-3-3 of this title.
(B) Major amendments.
(1) MAJOR AMENDMENTS are any proposal to change uses; increases to residential floor area greater than 5% of the approved square footage; increases to retail, office or common floor area greater than 5% of the approved square footage; increases or decreases to the number of dwelling, accommodation or fractional fee club units; any request to modify, enlarge or expand the boundary of an approved development plan and any amendment to the approved development plan that is not a minor amendment as determined by the Administrator and defined in this article.
(2) Requests for major amendments to an approved development plan shall be evaluated based upon the degree of deviation of the amendment from the basic intent and character of the approved development plan and reviewed in accordance with the procedures described in § 12-8E-7 of this article. All major amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development.
(3) Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the zone district, and owners of all property within the zone district that may be affected by the proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in § 12-3-6(C) of this title.
(Ord. 4(2003) § 1; Ord. 29(2005) § 25)