§ 74-708. Status of preliminary development plan after approval.

(a)

Within seven days after the adoption of a motion by the city council approving a preliminary development plan and establishing a planned unit development district, such minutes shall be certified by the clerk of the city and shall be filed in the office of the zoning administrator. A certified copy shall be mailed to the developer.

(b)

Preliminary approval of a development plan shall not qualify a planned unit development for recording. A development plan, which has been given preliminary approval as submitted or which has been given preliminary approval with alterations, conditions and restrictions which have been accepted by the developer, and the developer has not defaulted nor violated any of the conditions of the preliminary approval, shall not be modified or revoked nor otherwise impaired by the action of the city pending an application or applications for approval of a final development plan without the consent of the developer. An application for final approval shall be filed, or in the case of staged developments, applications shall be filed, within the time specified in the ordinance granting approval of the preliminary plan. If no time is specified in the ordinance regarding the granting of approval of the preliminary plan, then an application for approval of the final development plan or all stages thereof, shall be filed within one year.

(c)

In the event that a development plan is given preliminary approval and thereafter, but prior to approval of final development plan, the developer shall:

(1)

Choose to abandon the plan and shall so notify the planning commission in writing; or

(2)

Fail to file an application or applications for approval of a final plan within the required time period, the preliminary plan shall be deemed to be revoked.

(d)

When a preliminary plan is revoked, all that portion of the preliminary plan for which final approval has not been given shall be subject to those provisions of the zoning regulations and other legal ordinances that were applicable thereto immediately prior to the approval of the preliminary plan, as they may be amended from time to time. The city council shall forthwith adopt an ordinance repealing the planned unit development district of any portion of the development that has not received final approval and reestablish the prior zoning and other regulatory provisions that would otherwise be applicable.

(e)

The city council's approval of the preliminary planned unit development plan does not imply any permission to begin grading or any other work in a planned unit development district; provided, however, that the planning commission, in its sole discretion, may authorize the issuance of permits for demolition of existing structures, removal of subsurface improvements, rough grading of the site and installation of utility or drainage improvements prior to approval of a final planned unit development plan.

(Ord. No. 54, art. 9, § 9-105, 12-4-1958; Ord. No. 1250, § 1, 9-25-1995)