17.76.090 Preliminary development plan-Approval.
   A.   Approval of the preliminary development plan by the city council shall constitute approval of the basic provisions and outlines of the plan, and approval of the representation and provisions of the applicant regarding the plan. Approval shall not be construed as an implied waiver of any matter. A waiver of any requirement shall be expressed in written form. Council approval shall be valid for six months from the date of passage of the ordinance; the city council may at its discretion extend for an additional six months the validity of the preliminary approval.
   B.   In approving a preliminary development plan, the city council may include revisions in, additions to, or deletions from the application and development plan submitted by the applicant, or from those recommended by the plan commission. It shall be the responsibility of the applicant to submit a reproducible copy of the preliminary development plan as approved by the city council, and sign if this plan differs in any respect from that recommended by the plan commission. A reproducible copy shall be submitted to the mayor for his signature.
   C.   In case of a written protest against any proposed PUD, signed by the owners of forty percent of the lots any part of which are included within the area defined by a line extended two hundred fifty feet outward in all directions from the perimeter of the PUD, filed with the city clerk prior to the commencement of the meeting of the city council at which a vote on the proposed PUD is taken, the approval shall not be granted except by a favorable vote of two-thirds of the members of the city council then holding office and not abstaining from voting on the question. For the purposes of Sections 17.76.050 through 17.76.150, if any lot or property seeking to protest has multiple owners, such lot shall be counted as protesting if at least fifty percent of all owners of such lot signed the protest document. The protest document need not be acknowledged, but shall bear the signatures and common street address of those signing such document, and identify the property which each signator owns. For purposes of this section, the perimeter of the subject lot shall be considered to be the properly line of the lot of land, excluding any land within a public dedicated right-of-way, and excluding any land lying within a railroad right-of-way; the owner of property shall be considered to be any of the following: the record owner of the fee title, the contract seller, and the contract buyer of such property.
(Ord. 81-11 Art. XVIII § 5(D), 1980).