§ 6-3-6-12. ADJUSTMENTS TO DEVELOPMENT PLAN.

(A)

New Application Required for Amendments: Except for minor and major adjustments authorized pursuant to Subsections 6-3-6-12(8) and 6-3-6-12(C) no amendment shall be made in the construction, development or use of a planned development without a new application under the provisions of this Ordinance. The date of completion of a planned development, for which an amendment has been proposed, may be extended by the City Council for good cause.

(B)

Minor Adjustments: During build-out of the planned development, the Zoning Administrator may authorize, following review and recommendation of the Design and Project Review Committee, minor adjustments to the approved development plan, when such adjustments appear necessary in light of technical or engineering considerations. Such minor adjustments shall be limited to the following:

1.

Altering the location of any one (1) structure or group of structures by not more than one-fourth (¼) of the distance shown on the approved development plan between such structure or structures, and any other structure or any vehicular circulation element or any boundary of the site, whichever is less.

2.

Altering the location of any circulation element by not more than one-fourth (¼) of the distance shown on the approved development plan between such circulation element and any structure, whichever is less.

3.

Altering the siting of any open space by not more than twenty percent (20%).

4.

Altering any final grade by not more than twenty percent (20%) of the originally planned grade.

5.

Altering the location or type of landscaping elements by not more than twenty percent (20%).

6.

Altering the location or type of utility equipment.

Such minor adjustments shall be consistent with the intent and purpose of the Ordinance and the development plan as approved pursuant to this Section 6-3-6, and shall be the minimum necessary to overcome the particular difficulty and shall not be approved if such adjustments would result in a violation of any standard or requirement of this Ordinance.

For properties located in a designated historic district or incorporating identified historic structures, no such adjustment shall be granted for any critical structure, feature or element identified in the approved development plan as historically contributing without the prior consent of the preservation commission.

(C)

Major Adjustments: Major Adjustments: Any adjustment to the approved development plan not authorized by Subsection (B) of this Section, is considered to be a major adjustment. The City will provide notice, through the use of a third party service, by first class mail to all owners of property within a one thousand (1,000) foot radius of the property lines of the planned development, inclusive of public roads, streets, alleys and other public ways from the planned development site whose addresses appear on the current tax assessment list. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. Upon providing such notice, the Plan Commission may approve an application for a major adjustment to the development plan not requiring a plan as approved, then the Commission shall review the request in accordance with the procedures set forth in Section 6-3-6-8 of this Chapter.

(Ord. 102-0-94; Ord. No. 68-O-14, § 7, 8-11-2014; Ord. No. 50-O-14, § 25, 10-27-2014; Ord. No. 66-O-15 , § 6, 6-22-2015; Ord. No. 49-O-16 , § 5, 7-25-2016; Ord. No. 44-O-17 , § 8, 9-11-2017)