§ 29-03-541.3. Modification.

(a)

Minor changes in the location, sizing, height and siting of buildings and structures in a planned unit development may be authorized by the planning and development director without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final plan was approved. The planning and development director shall not approve any of the following changes:

(1)

A change in the use or character of the development.

(2)

A change which would create problems of traffic circulation and public utilities.

(3)

A reduction by greater than three (3) percent of the approved open space.

(4)

A reduction by greater than one (1) percent of the off-street parking and loading space.

(5)

A reduction in the approved pavement widths or rights-of-way for streets or easements.

(6)

An increase of greater than two (2) percent in the approved gross lease-able floor areas of commercial buildings in either residential or commercial planned unit developments.

(7)

An increase by greater than one (1) percent in the approved residential density of the proposed development.

(b)

All other changes in use or rearrangement of lots, blocks and building tracts or any changes other than listed in subsection (a) of this section may be made only by the city commission after review and recommendation by the planning and zoning commission. Such amendments shall be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedures established for the filing of the initial approved plan documents.

(Ord. No. 1368, 1-12-10)