(a) Subsequent to the approval of the final development plan by the Planning Commission, the land included within the site area thereof shall not be developed or used in any manner whatsoever that is not in conformance with the approved plan, and no building permit or certificate of occupancy shall be issued for any building, structure or use on the lands except in conformance with the approved plan.
(b) Any change in an approved final development plan desired by the owner of the tract of land involved shall be submitted to the Planning Commission. The Commission shall determine whether the proposed revision is a minor or a major modification to the PUD and take the following action:
(1) A minor modification is a change which does not substantially alter the overall concept of the planned unit development. Generally, such changes are limited to small site alterations such as realigning a street, shifting a setback or slight changes in building designs that do not result in the loss of open space. Increases of up to five percent (5%) of the total development density may be determined by the Planning Commission to be minor changes. Minor modifications shall not involve reductions in required improvements, such as open space, parking areas, pavement widths, etc. Minor modifications shall be approved by the Planning Commission but do not require a public hearing;
(2) A major modification is a major change which will affect the general character and overall concept of the PUD, including substantial relocation or redesign of principal or accessory structures, parking, open space areas and streets. A major change is involved in density increases in excess of five percent (5%) of the total development density and/or revisions affecting the land coverage by building, parking and open space areas. Major modifications require approval by the Planning Commission after a public hearing. Notice of the public hearing must be sent to property owners within 300 ft. of the tract of land involved in the PUD and must be published in the local newspaper of general circulation at least ten (10) days prior to the public hearing;
(3) Upon approval of a revised final development plan as a minor or major modification, the original final plan shall be considered void and the revised final plan shall have the same force and effect as if it were the original plan.
(Ord. 08-038. Passed 4-28-08.)
(Ord. 08-038. Passed 4-28-08.)