(A) Generally. Amendments may be made in the approved final plan when they have shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the city.
(1) Minor changes in location, siting and height of buildings and structures may be authorized by the Zoning Administrator if requested, and if caused by unforeseen circumstances.
(2) All other changes in use, rearrangement of lots, blocks and open space must be authorized by the City Council and Planning Commission under procedures outlined in this chapter.
(B) Authorized changes. Changes may be authorized only under the following procedures:
(1) Minor extensions, alterations or modifications of existing structures may be authorized by the Zoning Administrator if they are consistent with the intent and purpose of the final plan and do not increase the size of any building or structure by more than ten percent than originally proposed in the development stage plan; and
(2) Changes in the use of common open space due to unforeseen circumstances which exceed the intent of the final plan may be authorized only by amendment to the final plan according to the procedures.
(C) Failure to begin PUD. If no construction has begun or no use established within 24 months of the approval of the final plan, the final plan shall lapse and no further development shall be allowed. The applicant must submit a new development stage plan according to the procedures outlined in this subchapter.
(D) Fees. The applicant shall pay a fee of $125 to the city before the submission of the general concept plan. The applicant shall provide, at its own expense, copies of all plans, records and reports requested by the City Clerk-Administrator or Planner. The applicant will pay a fee of $150 to the city upon submission of the development stage plan. No action will be taken on general concept plan or development stage plan until payment is made.
(E) Penalty. Any person who violates any provision of this subchapter shall be subject to the penalty provided in § 155.999 of this chapter. Each day that the violation is permitted to exist constitutes a separate offense.
(F) Effectuation/severability. It is hereby declared to be the intent that the provisions of this subchapter are separable in accordance with the following.
(1) If any court of competent jurisdiction shall adjudge any provisions of this subchapter to be invalid, the judgment shall not affect any other provisions of this subchapter not specifically included in the judgment.
(2) If any court of competent jurisdiction shall adjudge invalid the application of any portion of this subchapter to a particular property, building or other structure, the judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment.
(G) Effective date of subchapter. This subchapter shall be in full force and effect from and after its passage, approval and publication as provided by law.
(Prior Code, § 155.56) (Ord. passed 4-1-1997)