1171.03 GENERAL REGULATIONS.

   (a)   All land within the Planned Development District shall be contiguous and shall not be divided into parts:

      (1)   By any existing or proposed major or secondary road; or

      (2)   By any area of land not included within the District.

   The existence of electrical transmission lines, transmission pipes or other rights of way within the District shall not be considered in determining whether the land within the District is contiguous. Requirements listed in subsection (a)(2) and (3) hereof may be waived by the Planning Commission with the approval of Council if it determines that the division of land into parts would not destroy the integrity of the District and not otherwise adversely effect the goals and purposes of this Chapter. In no event, however, shall the District be divided into parts by a major or secondary road.

   (b)   All land within the District shall be under common ownership prior to approval of any final plat for the District or any part of the District. The PUD applications may be filed by any owner of record of land to be included within the development or any holder of an equitable interest in such property. However, all recorded owner or owners of property included in the development shall sign the application and indicate their agreement to the rezoning of the property. Further, prior to approval of the development plan, one person or entity shall have been designated by all owners as the entity responsible for the development of the District and a single entity or person or group of persons who shall hold title in common shall have an option to purchase all properties within the development not then owned by it.

   (c)   If no substantial development has occurred within the District within two years after the date of Council’s approval of the Development Plan, the approved development plan shall become null and void and a new plan shall be required for any development on the subject property. Further, Council may determine that the project has been abandoned and rezone the property to the zoning which existed for the property prior to approval of the Development Plan.

   (d)   The provisions of this Chapter shall apply to those properties designated within the PD Planned Development District prior to November 2, 1999. The Zoning Map shall not be amended to expand existing or to create new PD Planned Development Districts.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

   (e)   Amendments to previously approved development plans for PD Planned Development Districts shall only be approved in conformance to the updated PD regulations and in conformance with the intent and specific provisions of all other applicable plans and regulations adopted by the City.

(Ord. 2000-143. Passed 6-26-00.)