§ 3-9-45. Planned development (PD).

(a)

Intent. The planned development (PD) district is intended to encourage concentrated, energy-efficient land development through the use of innovative land use planning and structural design techniques. Conventional zoning requirements are replaced by flexible performance criteria intended to accomplish as many as reasonable of the following goals:

(1)

Provide for the planning, review and approval of one (1) or a combination of residential, commercial, public and industrial land uses and structures which result in an organized, compatible development within and with surrounding land uses in density and intensity of use.

(2)

Allow a diversification of uses, structures and spaces compatible with existing or proposed sales and structures on surrounding properties, while promoting convenience in the location of related uses and amenities and to reduce travel costs.

(3)

Minimize infrastructure costs through a more efficient arrangement of structures, utilities, on-site circulation, and ingress and egress than is permitted under conventional zoning and subdivision regulations.

(4)

Preserve, where feasible, environmental assets and natural amenities as scenic and functional open-space areas.

(5)

Encourage an increase in the amount and usability of open space by permitting a more concentrated building area than is allowed under conventional zoning and subdivision regulations.

(6)

Encourage imaginative and innovative site planning and land development concepts in order to create an aesthetically pleasing and functionally desirable living environment.

(7)

Assure the county and other public agencies that development of the project will occur in accordance with the approved concept plan, final plan(s) and final plat(s).

(8)

Assure the applicant that development may be undertaken and carried out in accordance with approved concept plan, final plan(s) and final plat(s).

(9)

Promote flexibility and efficiency in site design to reduce infrastructure costs, improve interior circulation patterns, and promote open space.

(10)

Promote development that is adapted to natural features, including wetlands, trees and other vegetation and habitat, and which avoids the disruption of natural drainage patterns.

(11)

Promote the economy of development to encourage the provision of low-and moderate-cost housing.

(b)

Uses and structures permitted. Any residential, commercial, industrial, or public land uses and structures are permitted in this district, provided the proposed development is shown to be consistent with the goals, objectives and policies of the comprehensive plan, and consistent with the future land use element, and the standards and criteria contained in the following sections.

(c)

Design criteria and development standards. Because of the unique characteristics of a PD, conventional zoning requirements are inappropriate. Instead, the following design criteria and development standards shall apply in this district:

(1)

Design criteria.

a.

Generally. The location and arrangement of buildings and other facilities shall be compatible to development in the general vicinity. Compatibility shall be ensured between the site plan and approved and existing development in the vicinity of the PD and among different uses that may be proposed within the PD.

b.

Natural features. The natural topography, soils and vegetation should be preserved and utilized where economically and physically feasible through the careful location and design of structures, parking areas, recreation areas, open spaces, utilities, drainage and other facilities. Preservation of natural features (i.e., free clusters, vegetation, wetlands, etc.) through flexibility provided in the siting of structures and parking facilities.

c.

Landscaping. Where appropriate landscaping shall be provided consisting of any combination of trees, shrubs, vines, ground cover, etc. The use of native plant materials, the use of xeriscaping, and retention of undisturbed areas is encouraged. Irrigation facilities may be required in high-visibility areas of the PD.

d.

Relation to transportation facilities. PDs shall be so located with respect to adequate transportation facilities so as to meet the adopted service levels and standards on all roads.

e.

Relation to utilities, public facilities, and services. PDs shall be located in proximity to sanitary sewers, water lines, storm and surface drainage systems, and other applicable utilities systems and installations. The preceding sentence shall not apply if the developer:

1.

Provides private facilities, utilities or services approved by appropriate public agencies as substantially similar to public services which would otherwise be provided to the development under conventional zoning.

2.

Assures their satisfactory, continuing operation during the period of development.

3.

Makes provision for their continued operation thereafter, or until public facilities, utilities and services are available for use.

The purpose of this paragraph is that there be no undue public cost of the development higher than would be incurred for a development of similar size and scope in compliance with conventional zoning requirements.

f.

Relation to levels of service. PDs shall demonstrate consistency with all adopted levels of service standards for concurrency.

g.

Other requirements. Certain additional design criteria and development standards set forth in article III of this chapter, "Special Regulations," shall apply when relevant to all or portions of proposed planned developments. These criteria and standards are:

1.

Section 3-9-69, "Base setback line," as it applies to the perimeter of the planned development and to any arterial or collector routes within the planned development.

2.

Section 3-9-65.1, "Boats used for living purposes; houseboats."

3.

Section 3-9-100, "Buffers, landscaping, and tree requirements."

4.

Section 3-9-78, "Model homes."

5.

Section 3-9-89, "Visibility at road intersections."

6.

Section 3-9-67, "Area of special and shallow flood hazard."

7.

Section 3-9-79, "Off-street parking and loading facilities."

8.

Section 3-9-75, "Industrial performance standards."

The above requirements do not preclude the application of other special regulations (article III of this chapter) to the planned development where appropriate.

(2)

Development standards.

a.

Maximum base density. The maximum base density permitted within a PD shall be:

1.

Limited to the density indicated on the future land use map for the underlying land use except where additional density bonuses are authorized in the subsequent section and policy 9.4(b) of the comprehensive plan, land use element.

2.

Limited to fifteen (15) units per acre, except in high-density PDs which have a maximum density of thirty (30) units per acre in appropriate locations. Such high-density PDs shall be contingent upon prior adoption and amendment to the future land use map and shall not be located on barrier islands or in a category I hurricane vulnerability zone and may only be located in areas that can be shown to have sufficient infrastructure to support such densities.

3.

Residential density shall be computed by dividing the total gross acreage of the PD parcel, less any acreage proposed for commercial or industrial uses, by the total number of proposed dwelling units therein.

b.

Density bonus. In addition to the base density permitted in subparagraph a, bonus density to a maximum of twenty (20) percent of base density may be granted upon concept plan approval on the basis of the following:

Percent Over Base	Action
1. Up to 20	Extension of water and sewer facilities
2. Up to 20	Redesign and replatting of previously recorded subdivisions
3. Up to 20	Preservation of prime agricultural lands
4. Up to 10	Underground electric, telephone and cable television systems
5. Up to 20	Preservation of environmentally sensitive areas, natural land cover or habitats in excess of 20% of the entire PD parcel or phase
6. Up to 10	Inclusion of low-and moderate-income housing units, in accordance with the housing element of the comprehensive plan
7. Up to 20	Contributions of land, facilities or equipment to public use in excess of those required by impact fees.

 

Final approval of bonus units may be granted when concept plan and supplemental documents assure actions proposed at the time of concept plant approval.

c.

Cumulative bonus. In no event shall the cumulative density granted exceed the maximum density permitted under the underlying land use in the comprehensive plan.

d.

Minimum lot and yard requirements. There are no minimum lot and yard requirements for this district, provided no structure shall be located closer to the peripheral property line of the PD than twenty-five (25) feet or as required by section 3-9-88, "Waterfront property," as the same may be amended, whichever is greater. If the PD abuts water, the minimum setback shall be twenty (20) feet. However, minimum lot and yard requirements other than those contained in this section and section 3-9-88 may also be established through the final site plan approval process.

e.

Maximum height of structures. There is no maximum height for structures in this district, except as required by section 3-9-88, "Waterfront property," as the same may be amended. Maximum height limits other than those contained in section 3-9-88 may also be established through the PD review process.

f.

Open space. A minimum of twenty (20) percent of the entire PD parcel or phase shall be open space, which may include vegetated areas unencumbered by an impervious surface.

g.

Utilities. Potable water supply, sewage treatment and water management systems, utility lines and easements shall be designed in accordance with requirements of the county subdivision regulations except as modified in subsection (c)(1)e. of this section, "Relation to utilities, public facilities and services."

h.

Internal circulation. Streets to be dedicated to the public shall be designed and constructed in accordance with the subdivision regulations or other appropriate design standards. All streets shall be designed to provide safe, efficient and convenient access to land uses within the development and to roadways adjacent to the development. In addition to vehicular thoroughfares, functional pedestrian and bicycle-path systems are required in accordance with the master plan.

i.

Modification of standards.

1.

In its concept plan review pursuant to section 3-9-45(d)(4)b.3., the board may allow a modification of the standards of section 3-9-45 upon an applicant showing that the modification is necessary and will achieve innovative, creative, compatible and site-sensitive design. The applicant must demonstrate that measures for mitigating potential adverse impacts have been taken and the proposed development will be better than that required by existing and conventional zoning.

2.

In its concept plan review pursuant to section 3-9-45(d)(4)b.3., the board may allow modification of the height limitations of 3-9-88 regarding waterfront property, based on the applicant showings described in i.1, above, as follows: height may be modified up to a maximum of sixty-five (65) feet, provided that a corresponding amount of additional outdoor open space, beyond that required by existing law, is created at the ground level to offset by a one-to-one ratio the additional cumulative square footage of all floors over thirty-five (35) feet high. For example, if twenty thousand (20,000) square feet of space above thirty-five (35) feet is allowed, an additional twenty thousand (20,000) square feet of open space shall be provided on the ground.

3.

All modifications pursuant to this section will be clearly described within the applicant's petition narrative and the growth management department staff report and clearly articulated as part of the presentation to the BCC. The BCC shall be requested to respond negatively or positively to each modification request or continue the application in order to receive additional information and review from staff and/or the applicant.

4.

The PD application shall identify all requests for additional height above thirty-five (35) feet, the square footage of each floor which will exceed thirty-five (35), and identify and tabulate additional open space furnished in return for any such increase in height. Pavers and green roofs shall not count towards open space.

5.

No modification pursuant to this section shall be made to or for any development on property located on a key, a barrier island or within the Manasota Key overlay district.

6.

In order to allow public input early in the concept review process, prior to the scheduling of the concept plan review before the DRC, the applicant for any proposed PD seeking to modify height above the thirty-five-foot limit will hold a neighborhood public meeting with notice given to any property owner within one thousand (1,000) feet of the proposed PD as to the height to be added and the open space to be provided in mitigation thereof.

7.

If there has been a modification from previously approved plans there shall be an application for modification if the modification is not minor. Any modification of mitigation measures provided pursuant to subsection i.1 or i.2 above shall always be considered a major modification.

8.

Requests to allow modifications to section 3-9-47.5, Permitted Uses, Charlotte Harbor Community Development Regulations, as may be amended, is prohibited.

(d)

Procedures for rezoning to PD.

(1)

Planned developments approved prior to this section. All PDs granted concept or detail plan approval prior to the effective date of this section, as amended, shall have the option of either applying for further approvals and modifications in accordance with the procedures in effect at the time of original approval; or applying for further approvals and modifications in accordance with the procedure set forth herein. The applicant must inform the zoning official of the selected process to proceed.

(2)

Approval process for planned developments. The approval process for a PD shall be divided into two (2) phases: concept approval and final approval. The following diagram tracks the two (2) phases through the required review procedure from the project's inception through the final approval.

a.

Concept review.

1.

Preapplication conference with development review committee (DRC).

2.

Development review committee.

3.

Planning and zoning board, public hearing.

4.

Board of county commissioners, public hearing.

b.

Final review.

1.

Development review committee.

2.

Board of county commissioners (nonpublic hearing).

(3)

Preapplication conference.

a.

Purpose. The purpose of this meeting is to discuss with the development review committee early and informally the purpose and intent of the planned development, and the criteria and standards which may apply. It will also familiarize the applicant with the objectives and policies of appropriate elements of the comprehensive plan.

b.

Procedure. The applicant shall meet with the development review committee or their designees prior to formally submitting a request for a PD. The zoning official shall schedule the meeting to be held within fifteen (15) working days of the applicant's request for such meeting.

c.

Requirements. The applicant shall prepare for the preapplication conference a generalized sketch plan for the proposed development which shall include preliminary data regarding proposed land use, intensity of use, residential density, lot coverage, project amenities, natural resources, stormwater retention and disposal, sewage treatment, and potable water supply. The applicant shall be advised at the preapplication conference of existing plans and policies to be considered in the preparation of subsequent PD concept or final plans, and any other information relevant to the proposed PD.

(4)

Concept approval.

a.

Definition. The purpose of concept approval is to approve the density and intensity of land use prior to proceeding to final site plan review.

All PD projects must receive concept approval of the entire PD project prior to any phase receiving final approval. Concept approval is an agreement in principle between the developer and the board of county commissioners indicating general acceptance of the proposed uses, size, type and intensity of the PD. Approval of the concept plan shall constitute an amendment to the official zoning map, and the subject parcel shall be labeled with the description "PD" (PD number and date of board of county commissioners approval). The granting of concept approval shall not authorize any development activity to take place on the newly designated PD site.

b.

Review procedure. Applications for concept approval shall include an application, supportive materials, and concept plans as set forth in this subsection (d). The original application package, along with copies of the application package, shall be filed with the zoning department, where it will be reviewed for sufficiency. If the application package is found sufficient, the zoning director will schedule the concept review before the DRC. Additional copies of the application package shall then be submitted to the planning department for the purposes of securing a public hearing date before the planning and zoning board. If deficient, the application will be returned to the applicant no later than ten (10) working days after submission with a written explanation of deficiencies.

If platting is required, the preliminary plat may be reviewed simultaneously with review of the final PD plan. Plats shall meet all requirements of the subdivision regulations. In the event of conflict between the subdivision regulations and the zoning regulations, unless a variance to the subdivision regulations is approved by the planning and zoning board and county commissioners, the zoning regulations and the approved final PD plan shall prevail. The final plat shall be reviewed to ensure conformity with the subdivision regulations and as specified by the density and intensity of use defined in the PD. Upon approval, the PD final plan shall be filed with the concept plan and entered on the official zoning map. Following the effective date of such approval, the arrangement and use of all buildings, structures and other improvements within the PD shall be in accordance with the approved final PD plan.

1.

Development review committee (DRC). The DRC will review the application for technical compliance to county codes and may attach appropriate conditions and safeguards it deems necessary. The DRC recommendation will be forwarded in writing to the planning and zoning (P&Z) board for their consideration and review. In order to have sufficient time for preparation of packet materials, the minimum amount of time between the DRC and the P&Z board meeting shall be three (3) weeks.

2.

Planning and zoning board (P&Z) review. The P&Z board will review the application for concept approval upon review and consideration of the recommendation of the DRC. The planning department upon completion of its review shall issue a staff report and recommendation which will be forwarded to the P&Z members and the applicant no later than one (1) week prior to the public hearing. The staff report shall discuss the rationale behind the recommendation.

The hearing before the P&Z board shall be a public hearing in accordance with section 3-9-11. The P&Z board shall attach any conditions of approval it deems appropriate, and its recommendation will be forwarded to the board of county commissioners.

The P&Z board shall recommend approval of the proposed project to the board of county commissioners upon a finding in the affirmative of the following:

(i)

The concept development plan is consistent with the intent and purpose of the PD section.

(ii)

The benefits, combination of various land uses (if applicable), physical design, and the interrelationship with the land uses in the surrounding area justify the PD designation.

(iii)

The proposed project is consistent with the comprehensive plan.

(iv)

The proposed project is compatible with adjacent land uses.

3.

Board of county commissioners (BCC) review. Upon receipt of the P&Z board's recommendation, the BCC shall conduct a public hearing with due public notice. The BCC shall then grant approval or disapproval based upon the criteria listed within this Code. If disapproved, the BCC shall state the reasons for denial. In approving the concept, the BCC may establish reasonable conditions and may require modifications deemed necessary to protect the public health, safety or general welfare. These conditions shall be binding upon the applicant or any successors in interest.

c.

Time limitation. Concept approval shall be valid for a period not to exceed twelve (12) months after approval (calculated from the BCC approval date). Failure to submit an application for final approval for a portion or a phase of the PD within twelve (12) months shall cause concept approval to expire. However, the applicant may petition the zoning official for a one-year extension of the concept plan approval. Such request must be received by the zoning department not later than one (1) month before the approval expires, and shall be accompanied by a fee as established by the board of county commissioners. The zoning official may grant a one-year extension for good cause but shall grant no more than one (1) such extension.

d.

PD concept plan application requirements. In addition to the PD rezoning application form, a concept plan shall accompany such application and shall include the following:

1.

The title of the project and the names of the representatives of the landowner of record.

2.

Scale, date, north arrow and general location map.

3.

Legal description of the property.

4.

Map showing all existing streets, buildings, watercourses, easements, and other important physical features in and adjoining the property.

5.

Overall concept design map showing general locations, acreage, density, and intensity for each proposed land use.

6.

Map showing points of access and general traffic flow.

7.

Tabulations of total gross acreage in the proposed development, the percentage of total acreage to be devoted to each proposed use, projected density of dwelling types, and intensity of use.

8.

Development time schedule and phasing plan for the entire PD.

9.

Additional information identified at the preapplication conference or requested by the zoning official or planning director.

(5)

Final approval.

a.

Definition. Final approval authorizes construction of the project. The approved final plan and supporting documentation become the official and enforceable zoning. The applicant may apply for and be granted final approval for the entire PD or any phase of the project.

b.

Review procedure. Application for final approval shall include an application, supportive materials, and plans as set forth in herein. The original package shall be filed with the zoning department. The zoning department will conduct a sufficiency review of the application package; and if found sufficient, the zoning official will schedule the final application and site plan review before the DRC. If deficient, the application will be returned to the applicant no later than ten (10) working days after submission with a written explanation of deficiencies.

1.

Development review committee (DRC) review. The DRC will review the application for technical compliance to county codes and consistency with the approved concept plant and any conditions, and may attach appropriate conditions and safeguards relating to deviations to the concept plan. The DRC recommendation will be forwarded in writing to the board of county commissioners for their review in a nonpublic hearing. The zoning director shall forward to the board of county commissioners the appropriate materials in a timely fashion.

2.

Board of county commissioners (BCC) review. The BCC shall consider the application for final approval in a nonpublic hearing. The BCC shall render a decision at this time and may impose whatever conditions are deemed appropriate to ensure consistency with the comprehensive plan. The decision of the BCC shall be by resolution. A resolution which grants final approval shall state all of the terms and conditions for approval, including the projected period of development.

Annual progress report. Following final approval, the developer of the PD shall be required to submit an annual progress report through buildout to the zoning official on or before the anniversary date of the BCC final approval or until the project is complete. The intent is to maintain an updated inventory of the current status of development within the PD by establishing a reporting requirement. At a minimum, the annual progress report shall include the following information:

(i)

A site plan for the entire development indicating the status of approvals, phasing schedule, undeveloped areas, and within developed areas, the number, size, type, and locations of all structures and improvements.

(ii)

The names of any subsequent developers or owners of any increments, phases, or portions of the PD project.

c.

Time limitation. The resolution approving the final plan shall include a schedule for the project from commencement to buildout. Local government staff shall review land subject to a development agreement at least once every twelve (12) months to determine if there has been demonstrated good-faith compliance with the terms of the development agreement. If construction does not remain consistent with the approved schedule, the applicant may petition the board of county commissioners (BCC) for an extension. The BCC may grant extensions up to five (5) years in accordance with F.S. section 163.3220.

Once construction has commenced, the building permit must remain valid. Should the PD expire, or should the building permit become invalid, the BCC in its discretion shall do one (1) of the following:

1.

The PD designation for the entire area be continued with revised time limits.

2.

The PD designation be continued for part of the area with revised time limits and the remainder rezoned to an appropriate zoning district.

3.

The entire area be rezoned from PD to an appropriate zoning district.

The recommendation may also include proposals for appropriate action in respect to any Legal instruments involved in the PD. The recommended action would require a public hearing before the planning and zoning board and the board of county commissioners.

d.

Building permits. No building permit or certificate of occupancy or certificate of zoning compliance shall be issued for a PD except in conformity with all provisions of the approved final plan, as amended. All buildings and improvements in a particular phase need not be complete before the issuance of a certificate of occupancy for a completed building in that phase unless otherwise required by the final plan as approved.

e.

Application requirements. The final PD application package shall include a site plan and narrative containing the following information:

1.

A copy of any deed restrictions, protective covenants, and other statements or devices which will be used to control the use, development and maintenance of the land and improvements thereon, including those areas which are to be commonly owned and maintained.

2.

In areas involving isolated wetlands, these wetlands shall be identified and delineated, and shall be determined by application of department of environmental regulations (DER) vegetative insurance rule (Ch. 17.4.022, FAC).

3.

The location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity, final building configurations, structures and improvements, areas in acres, and other features of the development site for the phase to be reviewed.

4.

A schedule of the development of units to be constructed in progression and general description of the buildings and streetscapes; tabulation of the number of housing units proposed by type; and standard for height, open space, building density, parking area, and public improvements proposed for each section of the development whenever the applicant has proposed an exception from the standard zoning ordinance, subdivision regulations, or other features of the development site for the phase to be reviewed.

5.

A site plan which contains the following:

(i)

Name of the project.

(ii)

Names of the project's planner, engineer, and/or architect.

(iii)

Name of the developer.

(iv)

Date.

(v)

North arrow.

(vi)

Boundaries for the property.

(vii)

Existing streets, buildings, watercourses, easements and section lines.

(viii)

The location of all buildings and structure, proposed access and traffic flow.

(ix)

The manner in which the vehicular traffic will be separated from pedestrian traffic.

(x)

Off-street parking and loading areas and facilities.

(xi)

Recreational facilities and open space.

(xii)

Screens, fences, walls and landscape buffers.

(xiii)

Refuse collection areas.

6.

Letters of availability and commitment to provide potable water and/or sanitary sewage disposal if these utilities are to be provided by an entity other than the developer.

7.

Plans showing the stormwater management plan and water and sanitary sewer mains by location and size, fire suppression facilities and utility easements.

8.

Any additional material and material deemed reasonably appropriate by the zoning official and/or planning director.

f.

Modification of PD plans.

1.

General. All PD plans submitted for approval shall be reviewed by the zoning official to determine whether a major modification from previously approved plans or conditions has occurred. If such a variation has occurred, the applicant shall apply for a modification of PD plans. The applicant may also initiate an application for modification of PD plans to propose changes to the PD.

The zoning official is authorized to approve minor changes in the approved PD plan, as long as they are in harmony with the originally approved PD plan, but shall not have the power to approve changes that constitute a major modification of the approval. A major modification shall require approval of the BCC, and shall be handled as a new application.

2.

Major modification.

(i)

Generally, additions, deletions, changes in the use, density, sequence of development or other specifications of an approved PD plan are to be viewed as a major modification.

(ii)

Procedure. Once a determination has been made that a proposed modification constitutes a major modification, the applicant shall follow the same procedure as a new PD request. An application for a major modification shall be filed in the zoning department, where the item will be placed on the development review committee agenda.

Applications for a major modification of PD plans shall require: 1) a narrative description of the modification and reasons such a change is necessary; 2) an updated, revised PD plan indicating the effect of the proposed change; and 3) additional information as required by the zoning official to adequately review the proposed modification.

3.

Minor modification.

(i)

Any modification to an approved PD plan which does not constitute a major modification shall be considered a minor modification. Generally, minor variations, extensions, alterations or modifications of proposed uses, buildings/structures or other improvements which are consistent with the purpose and intent of the approved PD plan are considered minor modifications.

(ii)

Procedure. Upon determination that the proposed modification is a minor modification, the zoning official shall render a decision to the applicant within fifteen (15) working days after submission of a complete application. Applications for a minor modification shall include an updated, revised PD plan indicating the effect of the proposed change and the reasons why such a change is necessary.

4.

PD expansion. Any addition or reduction to the area of a PD shall require a major modification of the conceptual and final plan.

5.

Modification review criteria. In reaching a decision as to whether or not the change(s) are substantial enough to be considered a major modification, and subject to reapplication as a new development plan, the zoning official shall, after reviewing the record of the project, determine if any of the following changes are present:

(i)

Increase or decrease in intensity of use. An increase in intensity of use shall be considered to be an increase of more than five (5) percent of usable floor area or an increase of more than five (5) percent in the number of dwelling units or an increase of more than five (5) percent of outside land area devoted to sales, displays, or demonstrations. In no case shall the intensity or density be increased over the maximum permitted by the PD district.

(ii)

Any change in parking areas resulting in an increase or reduction of ten (10) percent or more in the number of spaces approved.

(iii)

Structural alterations significantly affecting the basic size and form of the building(s) as shown on the approved plan. Changes in form will only be considered substantial if they occur within two hundred (200) feet of the boundary of the PD district.

(iv)

Any reduction in the amount of open space of more than five (5) percent or substantial change in the location or characteristics of open space uses.

(v)

Substantial changes in location or type of pedestrian or vehicular accesses or circulation.

(vi)

Any change which would increase traffic generation by more than ten (10) percent.

(vii)

Any change in land use or increase within five hundred (500) feet of the zoning district boundaries or within two hundred (200) feet of any part of the planned district which has been constructed or sold to an owner or owners different from the applicant requesting the change.

(viii)

Any deviation exceeding twelve (12) inches from the setbacks, height, and any area or dimensional standards approved as part of the concept development plan.

(ix)

Any change in a condition specifically required by the board of county commissioners as part of the PD approval.

6.

Appeal. The appeal of a decision rendered by the zoning official as to whether a modification is major or minor shall be filed by the aggrieved applicant within thirty (30) days of such written determination. The appeal would be forwarded to the board of zoning appeals in accordance with section 3-9-6.

(a)

Vesting. A planned development (PD) shall only have to comply with the requirements of the prior zoning regulations and not with any new requirements established by this section if an application for rezoning to PD has been filed with the county on or before June 30, 1989, and provided all the other approvals are obtained within the time periods prescribed under the prior zoning regulations.

(Minutes of 12-8-81, § 7; Ord. No. 89-46, § 1, 6-22-89; Ord. No. 2002-008, §§ 4, 5, 1-28-02; Ord. No. 2008-053, § 1, 7-8-08; Ord. No. 2014-041, § 1(Exh. A), 11-25-14)