1. Definition. The term “substantial compliance”, as used in this section, shall have the following meanings, except where the context clearly indicates a different meaning. Substantial compliance includes, but is not limited to, a change:
A. Which does not increase the density of developments or the number of dwelling units, e.g., substituting two single-family units for a duplex, or two duplexes for a fourplex.
B. Affecting the off-street parking arrangement, e.g., changing the angle of parking or adding or eliminating garages, as long as any such change conforms to Chapter 172.
C. In the orientation of a building, as long as no yard dimension shown on the original plan is reduced by more than ten percent.
D. To increase open space, setbacks or landscaping materials.
E. In plant material.
F. To permit drive-up telephones, walk-up telephones or telephone booths, erected by a public service corporation, provided the location is approved by the Planning Director and the City engineer to ensure the facility does not interfere with pedestrian or vehicular circulation on the property, on adjoining property or on the public streets. Such facility shall be exempt from the bulk regulations and the development plan.
2. Procedures for Changing a Planned Unit Development Preliminary or Final Development Plan.
B. A preliminary or final development plan may be changed upon approval by the Zoning Administrator, if the Zoning Administrator determines that the change is in substantial compliance with the development plan as originally approved. Such approval shall be in writing and shall be signed by the Zoning Administrator. An applicant may request such a change by submitting the following:
(1) A letter from the owner of the development authorizing the change.
(2) A copy of the overall development plan clearly showing the change.
(3) Three copies of the revised development plan. If the change is to a final development plan, the revised plan shall provide clear illustration of the proposed changes for review by the Zoning Administrator. The Zoning Administrator may use his/her discretion in requiring other evidentiary or planning measures with subsections 7 and 8 of Section 167.32.
C. All changes to a preliminary or final development plan not deemed to be in substantial compliance with the development plan as originally approved shall be made in accordance with the procedures in effect at the time of initial approval.
(Chapter 174 - Ord. 1374 – May 10 Supp.)