After the approval of a Planned Unit Development, the developer, individual property owners or property owner associations may wish to make major or minor modifications. Inasmuch as approval of a Planned Unit Development, including a final development plan, is based upon a unified plan, which stresses total design integration, proposed modifications must be evaluated for their impact on the visual and physical amenities of the development. In order to allow for a process through which this assessment can be made, the following procedures for modifications shall be followed:
(a) An application for an "Amendment to a Planned Unit Development" shall be filed with the Building and Zoning Inspector. The application shall include the required number of revised development plans clearly showing the proposed changes. The application shall also contain, if applicable, a written recommendation from a residential or commercial property owners association.
(b) The Building and Zoning Inspector shall review the proposed modifications and shall determine if the scope of the proposed changes is major or minor in nature. To qualify as a minor modification, the Building and Zoning Inspector shall find that proposed modification consists of only the following:
(1) Modification to lot lines that do not result in an increase to density, dwelling units, or placement of a structure closer to the perimeter lot line of the PUD.
(2) Installation of, or adjustments to, the size and location of structures, accessory structures, swimming pools, patios and decorative fencing (other than chain link), landscaping and other improvements that do not;
(A) Result in an increase in the approved number of housing units or principal non-residential structures.
(B) Move or relocate a principal structure when the subject property abuts land that is used for residential purposes inside or outside of the development.
(C) Move or relocate a principal structure such that the placement of structures will be closer to any property line than existed before such relocation.
(3) Modifications to approved circulation drives and parking areas so long as they do not reduce the number of approved spaces, or encroach into setback areas or designated recreation/open space areas, and the location and number of curb cuts remains unchanged.
(4) Reductions in the size of signs.
(c) The Building and Zoning Inspector may approve minor changes if all of the following conditions are met:
(1) The proposed minor change has received unconditional approval from the appropriate property owners' association or nonprofit corporation, if such exists. In the event that there is no property owners' association, the Building and Zoning Inspector shall ensure that the proposed minor change meets all other requirements of Part 11 - Planning and Zoning Code.
(2) The proposed minor change meets with the approval of applicable City departments,
(d) A major change shall be construed as any change that does not satisfy the above criteria for a minor change. All proposed major changes shall be acted upon in the same manner and in accordance with the same procedures as an original final development plan as specified in Section 1127.16.
(Ord. 159-2015. Passed 9-21-15.)