ORD 0799 - Laserfiche WebLink

The City shall be identified as a third party beneficiary to conditions, covenants, and restrictions placed upon a development, unless otherwise directed by the City Council or the City Attorney. §2-8.32 Interpretation. Due to the flexibility and imagina- tion desired in PUD developments, not every issue re- garding future development and use of the property may be established as part of the initial approval of a development. Thus, the Director of Planning shall be charged with responsibility to determine if a change to the approved plan and/or conditions thereto is sub- stantial. If after review of the plan and conditions the Director determines that the request is a substan- tial revision or change the request shall be presented to the Planning Commission and City Council in accord- ance with the applicable provisions of Article 1 of this chapter. If the change is not substantial the Director, after consulting with the City Attorney and Director of Engineering Services, may approve the change, subject to reasonable conditions, and advise the Planning Com- mission and City Council of said approval, in writing, within ten days of the approval. If the Planning Commission, City Council, applicant or any interested citizen disagrees with the Director of Planning's determination or conditions of approval, a written appeal shall be filed with the Secretary to the Planning Commission within twenty calendar days of said action and a public hearing shall be held. The requisite notices of the public hearing shall be given pursuant to the provisions of Article 1 of this Chapter. If the revision or change involves the construction of an improvement or betterment for which no specific de- velopment standard is established pursuant to this Article, the Director of Planning, Planning Commission and/or City Council shall apply the provisions of this Code which most closely represent the type of develop- ment which has been approved. §2-8.33 Interim Uses. Any existing use of property zoned PUD (including property with an approved development plan) shall be subject to the provisions of Article 23 of this chapter pertaining to non-conforming uses. No expansion of a non-conforming land use, expansion of a non-conforming building, or addition of any new struc- tures associated in any manner with an existing land use or building shall be allowed until a conditional use permit has been granted in accordance with Article 25 of this chapter of the Ordinance Code. §2-8.34 Grading. Any land located within a PUD District which does not have an approved development plan shall not be graded or have fill placed upon it without first obtaining a conditional use permit pursuant to Article 25 of this Chapter.