<div class="chunk-title">Section 802. - Changes during construction of special use.</div>
<div class="chunk-content">
            <p class="p0">
               Sometimes, after a special use permit has been issued, practical considerations encountered
               in the construction of the special use may make deviations from the approved preliminary
               development plan desirable to the developer. No such change shall be made unless the
               permittee or successor in title thereto receives advance approval according to the
               procedures specified in this section.
               
               <p class="hg1">
                  802.01 A request for any proposed change shall be filed by the permittee or successor
                  in title thereto with the zoning administrator along with any additional information
                  on the special use and the change and its possible effects which the zoning administrator
                  requests.
                  </p>
               
               <p class="hg1">
                  802.02 Within ten days, the zoning administrator shall forward the request for the
                  change to the planning board.
                  </p>
               
               <p class="hg1">
                  802.03 The planning board may approve such change provided that:
                  
                  <p class="incr2">
                     a.
                     </p>
                  		
                  <p class="content3">
                     In the case of a planned unit development:
                     </p>
                  		
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                     1.
                     </p>
                  		
                  <p class="content4">
                     All of the standards in 1407 will continue to be met; and
                     </p>
                  		
                  <p class="incr3">
                     2.
                     </p>
                  		
                  <p class="content4">
                     Even though such an increase may meet the standards in 1407, neither the overall number
                     of dwelling units nor amount of land covered by dwelling units will be increased by
                     more than five percent; and
                     </p>
                  		
                  <p class="incr3">
                     3.
                     </p>
                  		
                  <p class="content4">
                     Any conditions and safeguards imposed by the governing body in granting the special
                     use permit will continue to be met.
                     </p>
                  		
                  
                  <p class="incr2">
                     b.
                     </p>
                  		
                  <p class="content3">
                     In the case of a planned shopping center:
                     </p>
                  		
                  <p class="incr3">
                     1.
                     </p>
                  		
                  <p class="content4">
                     All of the standards in 1409 will continue to be met; and
                     </p>
                  		
                  <p class="incr3">
                     2.
                     </p>
                  		
                  <p class="content4">
                     Any conditions and safeguards imposed by the governing body in granting the special
                     use permit will continue to be met.
                     </p>
                  		
                  
                  <p class="incr2">
                     c.
                     </p>
                  		
                  <p class="content3">
                     In the case of a mobile home park:
                     </p>
                  		
                  <p class="incr3">
                     1.
                     </p>
                  		
                  <p class="content4">
                     The standards in 1409 will continue to be met; and
                     </p>
                  		
                  <p class="incr3">
                     2.
                     </p>
                  		
                  <p class="content4">
                     Any conditions and safeguards imposed by the governing body in granting the special
                     use permit will continue to be met.
                     </p>
                  		
                  
               
               <p class="hg1">
                  802.04 Within 60 days after receiving the request for the change, the planning board
                  shall review the request, giving notice of any meeting to review the request to the
                  applicant by first class mail at least 15 days prior to the meeting, and shall either:
                  
                  <p class="incr2">
                     a.
                     </p>
                  		
                  <p class="content3">
                     Approve the request, if the conditions in 802.03 are met and the planning board feels
                     such change would not be harmful to the public interest. If the request is approved,
                     the planning board shall issue a special use permit change form specifying the approved
                     change which shall be attached to the special use permit and to all copies of the
                     permit; or
                     </p>
                  		
                  
                  <p class="incr2">
                     b.
                     </p>
                  		
                  <p class="content3">
                     Refer the request to the governing body, if the conditions in [section] 802.03 are
                     not met, specifying which conditions are not met and making any other recommendations
                     the planning board deems appropriate; or
                     </p>
                  		
                  
                  <p class="incr2">
                     c.
                     </p>
                  		
                  <p class="content3">
                     Refer the request to the governing body, if the conditions in [section] 802.03 are
                     met, but the planning board feels the change would not be in the public interest because
                     of general planning considerations or other reasons, with a recommendation concerning
                     the request.
                     </p>
                  		
                  
               
               <p class="hg1">
                  802.05 Any approval for a change shall include the board's findings of fact and conclusions
                  of law together with the reasons therefor and all recommendations shall be in accordance
                  with section [802.03].
                  </p>
               
               <p class="hg1">
                  802.06 The permittee shall supply any information on the special use and change and
                  its possible effects which the planning board requests.
                  </p>
               
               <p class="hg1">
                  802.07 If a request is referred to it, the governing body shall follow the procedures
                  in [sections] 801.09 through 801.12 except that an entire new preliminary development
                  plan need not be required by the governing body. The governing body may, however,
                  request any information it deems necessary on the special use and the change and its
                  possible effects. If the governing body approves the change, it shall be granted by
                  an appropriate order of the governing body addressed to the zoning administrator for
                  the issuance of a new special use permit subject to any terms or conditions specified
                  in the order. Upon receipt of such an order, the zoning administrator shall issue
                  an appropriate special use permit in accordance with the terms or conditions thereof.
                  </p>
               </div>