18F.60.040 Alteration or Vacation of a Binding Site Plan.
A. General Requirements.
1. Any change, other than those authorized by an affidavit of correction or scrivener's rules, to a recorded Binding Site Plan constitutes an alteration.
2. The application for alteration shall be requested by all parties having ownership interest in the affected lots or condominium units within the Binding Site Plan.
3. In the case of a proposed vacation of a Binding Site Plan, the justification for the vacation of affected lots or condominium units shall be provided by the petitioner. The petitioner must demonstrate that property within or adjacent to the boundaries of the Binding Site Plan will not be adversely impacted and the vacation will not have an adverse impact on the provision of utilities in the area. Additionally, the vacation shall not result in a conflict with the Comprehensive Plan, applicable community plan, or Development Regulations.
4. Legally existing structures and uses shall not be required to correct existing nonconforming features to meet current regulations as a condition of approval of a Binding Site Plan alteration or vacation.
5. Additional lots cannot be created through a Binding Site Plan alteration.
B. Director's Authority. The Director has the authority to approve or deny any proposed Binding Site Plan alteration or vacation and may impose additional or modified conditions and requirements as necessary to assure that the proposal conforms with the intent of the Comprehensive Plan, applicable community plan and other applicable County codes and state laws.
C. Required Written Findings and Determinations. The Director's written decision on the Binding Site Plan alteration or vacation shall include findings and conclusions, based on the record, to support the decision. A proposed Binding Site Plan alteration shall not be approved unless the Director makes written findings that:
1. The alteration conforms to the requirements and provisions of this Chapter;
2. The alteration conforms to the goals and policies of the Comprehensive Plan and applicable community plan;
3. The public use and interest will be served as a result of the proposed alteration;
D. Approval. The Director may approve, or approve with conditions, the proposed Binding Site Plan alteration/vacation if the criteria contained in this Section have been met.