A.    Procedure for Resubdivision. Whenever a land owner desires to resubdivide an already approved major subdivision plat, the land owner shall apply for the resubdivision using the same procedure prescribed for the subdivision of land.

    B.    For any resubdivision where the proposed changes may have an impact on the existing subdivision, the application shall include the signed consent of seventy-five percent of the owners of property in the existing subdivision. Such changes include the following:

    1.    Any change in street circulation pattern or other significant change in a public improvement;

    2.    The addition of one or more buildable lots;

    3.    Any change in the amount of land reserved for public use or the common use by lot owners;

    4.    Any other change which would have an adverse effect on the use and enjoyment of property in the existing subdivision.

    C.    The staff shall make a determination as to whether a proposed change will have a significant impact as defined in subsection B of this section. The staff decision may be appealed to the commission.

    D.    Waiver. A property owner may request a waiver from the requirements of subsection B of this section. The commission may waive the requirement for the consent of seventy-five percent of the property owners in the subdivision if it finds that the proposed change will not have a significant impact on the existing subdivision. The commission, after receiving an application for resubdivision that includes an express request for waiver, shall consider the request after a public hearing. Notice of the hearing shall be given to interested parties as defined in the rules of procedure.

    E.    Covenants. Any new lots created by a resubdivision shall be subject to any covenants and restrictions that applied to the original subdivision plat.

    F.    This section shall not apply to land or parcels shown and clearly labeled on the preliminary or final plat as reserved or intended for future development. (Ord. 99-24 § 3 (part), 1999)