A.

Minor Deviations. A minor deviation is a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

1.

Alteration of the location of any road, walkway, landscaping, or structure by not more than one-half (½) the width of the right-of-way.

2.

Reduction of the total amount of open space by not more than five (5) percent, or a reduction of the yard area or open space associated with any single structure by not more than five (5) percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this Code.

B.

Major Deviations. A major deviation is a deviation other than a minor deviation, from the final development plan.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Inspection. The Planning Department shall implement a procedure for periodic inspection of development work in progress to ensure compliance with the development permit which authorized the activity.

B.

Minor Deviations. If the work is found to have one (1) or more minor deviations, the Planning Department shall amend the development order to conform to actual development, Tire Planning Department may, however, refer any minor deviation that significantly affects the development's compliance with the purposes of this Code to the Planning Commission for treatment as a major deviation.

C.

Major Deviations.

1.

If the work is found to have one (1) or more major deviations, the Planning Department shall:

a.

Place the matter on the next agenda of the Planning Commission, allowing for adequate notice, and recommend appropriate action for the Planning Commission to take.

b.

Issue a stop work order and/or refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the Planning Department determines that work or occupancy may proceed pursuant to the decision of the Planning Commission.

c.

Refer the matter to the Code Enforcement Officer, it if appears that the developer has committed violations within the jurisdiction of the Code Enforcement Board or Special Magistrate Judge.

2.

The Planning Commission shall hold a public hearing on the matter and shall take one (1) of the following actions:

a.

Order the developer to bring the development into substantial compliance (i.e., having no or only minor deviations) within a reasonable period of time. The development order or permit may be revoked if this order is not complied with.

b.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonable anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty and shall be consistent with the intent and purpose of the development approval given and the requirements of this Code.

c.

Revoke the relevant development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

D.

Action of Developer After Revocation of Development Order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)

Upon completion of work authorized by a development order or permit, and before the development is occupied, the developer shall apply to the Planning Department for a Certificate of Occupancy. The Planning Department shall inspect the work and issue a Certificate of Acceptance if found to be in conformity with the permit or order. The final planning inspection shall occur prior to the issuance of a Certificate of Occupancy from the Building Department.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)