(A) Application required. No changes may be made to the approved final development plan except when processed under the procedures set forth as follows.
(1) If either the developer or owner of the planned development wishes to change the planned development by deviating from the approved final development plan, they shall make written application to the city for approval of the change.
(2) The application shall be filed with the Zoning Administrator, who will then make a written determination of whether the change is major or minor.
(3) Any deviations without the necessary approval shall serve automatically to revoke the original approval and to void future action pursuant to the planned development.
(B) Minor changes. If the Zoning Administrator determines that the changes are minor, the Zoning Administrator may approve such minor changes, errors or omissions in the planned unit development.
(1) MINOR CHANGES are defined as all changes other than those that qualify as a major change.
(2) At their sole discretion, the Zoning Administrator may refer minor changes to Plan and Zoning Commission for review and action.
(3) If heard by the Plan and Zoning Commission, a minor change to the planned unit development does not require a public hearing.
(4) Approved minor changes shall be reported to the City Council and filed with the City Attorney.
(C) Major changes. If the Zoning Administrator finds proposed alterations to an approved final development plan are major changes, then such changes shall require approval by the City Council, upon recommendation from Plan and Zoning Commission, who shall make a determination of their recommendation under the procedure defined by this chapter for approval of the special use permit, including a public hearing at Plan and Zoning Commission. Each of the following shall be deemed a MAJOR CHANGE:
(1) Any increase in density;
(2) Any increases in the height greater than 10% of any building or structure;
(3) More than a 10% increase in the footprint of any building or structure;
(4) Changes in the amount of parking spaces by more than 10%;
(5) Increases in the size or number of signs except as described in § 156.141;
(6) Major reductions in the size of the proposed buildings;
(7) Any changes in the percentage of exterior building materials;
(8) Changes in the type of exterior building materials used, excluding those changes described in § 156.141;
(9) Increases or major decreases in the number of buildings and/or lots;
(10) Any reductions in the amount of proposed open space, buffering or landscaping;
(11) Changes in the development schedule;
(12) Changes in use;
(13) Modifications in the proportion of housing types;
(14) Altering roadways;
(15) Changes in the final governing agreements, provisions or covenants, or other changes that change the concept or intent of the development.
(D) Changes recorded as amendments. Any changes approved shall be recorded as amendments to the recorded copy of the final development plan.
(Ord. 21-016, passed 8-18-21)