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(a) No buildings or structures shall be constructed, nor shall any other site improvements or changes be made on the property, in connection with a proposed site condominium project, except in compliance with a final site condominium project plan as approved by the City Council, including any conditions of approval.
(b) Required permits may be issued by the City Community Development Director, and the developer may proceed with the project provided:
(1) A final site condominium project plan has been approved by the City Council and the approved plan signed by the City Clerk and Mayor.
(2) All conditions to commencement of construction imposed by the City Council have been met; and
(3) All applicable inspections, approvals, or permits from appropriate County and State review and enforcement agencies have been obtained for the project.
(Ord. 390. Passed 3-6-01.)
Any change proposed in connection with a project for which a final site condominium project plan has previously been approved by the City Council shall be subject to review as provided by this section:
(a) Any change that constitutes a major change shall be reviewed by the Planning Commission and reviewed and approved by the City Council as provided by this chapter for the original review and approval of preliminary and final plans.
(b) Any change that constitutes a minor change shall be reviewed and approved by the Planning Commission alone without the need for a City Council review.
(c) Any change that constitutes an exempt change shall not be subject to review by the City under this article, but a copy of changes proposed (and of the changes made, if different than the proposed) shall be filed with the City Clerk.
(Ord. 390. Passed 3-6-01.)
All provisions of a final site condominium project plan that are approved by the City Council as provided by this chapter shall be incorporated by reference in the master deed for the site condominium project. Further, all major changes to a project shall be incorporated by reference in the master deed. The master deed shall be reviewed by the City Attorney to ensure that all provisions approved by the City Council have been included in the master deed. Following this, a copy of the master deed shall be recorded with the County Register of Deeds, and a copy of the recorded master deed provided to the City Clerk within ten (10) days after recording the plan with the County.
(Ord. 390. Passed 3-6-01; Ord. 469. Passed 10-6-09.)
(a) No approval of a final site condominium project plan by the City Council shall be effective for a period of more than one-year, unless construction of the project commences within that one-year period and is diligently pursued to completion in accordance with the terms and conditions of the approval. This one-year period may be extended by the Council in its discretion for additional periods of time as determined appropriate by the Council if the extension is applied for by the applicant within the effective period of the approval.
(Ord. 390. Passed 3-6-01.)
A variance from the provisions of this chapter may be granted if the applicant demonstrates that literal enforcement of any of the provisions of this chapter is impractical or will impose undue hardship in the use of the land because of special or peculiar conditions pertaining to the land. Upon application, the City Council, after recommendation by the Planning Commission, may permit a variance or variances which are reasonable and within the general policies and purposes of this chapter. The Planning Commission and City Council may attach conditions to the variance. Variances from regulations not contained but required by this chapter, such as lot width or lot size, shall be reviewed by the Board of Zoning Appeals as required by this chapter.
(Ord. 390. Passed 3-6-01.)