A. Appeals Process: A decision by the County on an application for a CH-PUD may be appealed through the process specified in chapter 32 of this title.
B. Nonbinding Precedent: The approval of a CH-PUD shall not be considered a binding precedent for the approval of other CH-PUD applications.
C. Nontransferable: A CH-PUD approval is not transferable from one parcel of land to another.
D. Amendment Of CH-PUD:
1. The holder of an approved but uncompleted CH-PUD may apply to the Board for amendment of the approved CH-PUD insofar as the amendment relates to the community housing within the CH-PUD. Such a request may concern the number, classification, location, construction, method of provision, or any other aspect relating to community housing within the approved development, but shall not create new lots or increase the overall density within the CH-PUD. The hearing shall be noticed in the same manner as the original application and a public hearing shall be held before the Board. The community housing aspects of the proposed amendment shall be reviewed by the Board using subsection 9-35-10A of this chapter in effect at the time the application for amendment is filed. The Board may approve the amendment if it makes a positive finding that: a) the amendment does not materially compromise the Board's findings on the original CH-PUD relating to community housing; and b) the community housing provided in the CH-PUD, as amended, complies with the requirements of this chapter. No amendment shall be approved that would extinguish the deed covenant on an already completed community housing unit.
2. Minor changes in the location, siting or architectural details of buildings, structures, or landscaping may be authorized by the Administrator, if required by engineering or other circumstances not foreseen at the time the CH-PUD was approved. Minor changes may include exterior colors/materials or window placements that do not significantly affect project design, appearance or function; changes to site plans that do not significantly change parking or driveway/road alignment; changes to landscape plans that do not decrease the amount of landscaping; changes to dumpster enclosures; changes to exterior lighting. All such requests shall be in writing supported by such documentation as reasonably required by the Administrator. No change shall be authorized by the Administrator except in writing and shall not increase the size of any building or structure, or building envelope concept, nor change the location of any building or structure outside of an approved building envelope. If the Administrator determines any proposed change may have a significant impact on the approved project, the Administrator may decline to administratively approve such change and shall forward same to the Board for consideration. (Ord. 2019-09, 5-28-2019; Ord. 2013-01, 3-19-2013)