(A) Generally. The planned development project shall be developed only according to the approved and recorded final plat and all supporting data. The recorded final plat and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of the premises and location of structures in the planned development project as set forth therein.
(B) Changes. Changes to the recorded planned development may be made as follows.
(1) Major changes. Changes which alter the concept or intent of the planned development including not limited to changes in density, changes in the height of buildings, reductions of proposed open space, changes in total bedroom counts, changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions or covenants, or other changes may be approved only by submission and reconsideration of a new preliminary and final planned development plat and supporting data and following the preliminary or final plat procedure. If the major change alters data or evidence submitted during the conceptual plan or preliminary plat stage, then the resubmission must begin at the preliminary plat stage. If major changes are proposed, a new public hearing shall be required during resubmission of the plat. All changes to the “original” final plat shall be recorded with the County Recorder of Deeds as amendments to the final plat are reflected in the recording of a new “corrected” final plat.
(2) Minor changes. The City Council, after receiving a recommendation thereon from the Plan Commission, may approve minor changes in the planned development which do not change the concept or intent of the development. Minor changes shall be any change not defined as a major change. The determination of the City Council as to what is a major or minor change shall be a final determination of that question.
(3) Abandoned. A planned development may be abandoned by the owner or owners of the land and property involved, provided that the use of the land and property shall thereafter conform with the district zoning requirements otherwise applicable at the time of abandonment. No property will be allowed to be treated as a nonconforming use based on any use as a planned development nor any prior nonconforming use.
(1980 Code, § 29.909) Penalty, see § 162.999