This section of the Code establishes standards for insubstantial and substantial amendments to a final plat and PUD.

Insubstantial amendments to a final plat or a PUD are permitted. Refer to Section 3-4 for procedures and 4-6 for submission contents. The final plat shall state the purpose of the Amendment and whether the Amendment amends or supersedes in whole or in part the previously approved plat. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development, which could not reasonably have been anticipated during the approval process. The Planning Director shall compare the proposed amendment to the original approval, and, if any other amendments have been approved since the original approval, shall consider the cumulative impact of all approvals granted. The following shall not be considered an insubstantial amendment:

5-1502A.

A change in the use or character of the development.

5-1502B.

An increase by greater than three percent (3%) in the overall coverage of structures on the land.

5-1502C.

Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities.

5-1502D.

A reduction by greater than three percent (3%) of the approved open space.

5-1502E.

A reduction by greater than one percent (1%) of the off-street parking and loading space.

5-1502F.

A reduction in required pavement widths or rights-of-way for streets and easements.

5-1502G.

An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings.

5-1502H.

An increase of greater than one percent (1%) in the approved residential density of the proposed development.

Any amendment that is not insubstantial according to the criteria in Section 5-1502 shall be approved pursuant to the procedures in Section 3-601, and the submission contents and standards of Section 4-5 for final plat review and the standards in this section (refer to Section 3-702 C for procedures and Section 4-5 for submission contents). The final plat shall state the purpose of the Amendment and whether the Amendment amends or supersedes in whole or in part the previously approved final plat.

5-1503A.

The proposed amendments must be consistent with the approved sketch plan subdivision approval, however in the absence of a valid sketch plan approval the amendment shall be compared to the preliminary plat;

5-1503B.

The proposed amendment must be necessary to achieve the intent and purposes of the Planned Unit Development (PUD); and

5-1503C.

The proposed amendment must be consistent with the standards of Section 5-1803.