§ 58-83. Binding effect.

(a)

Any conditional use permit so authorized shall be likewise binding to the property included in such permit unless subsequently changed or amended by the town council. A copy of the letter notifying the applicant of the council approval of a conditional use permit shall be forwarded to the county register of deeds for recordation. Notwithstanding, a conditional use permit for a conservation subdivision shall become null and void unless a complete application for a sketch plan, in accordance with section 46-42 has been submitted within two years following the date of the conditional use permit approval. The conditional use permit allows the subdivider to proceed with a conservation subdivision, but in no way replaces or lessens the requirements for sketch, preliminary and final plat submissions as specified in chapter 46.

(b)

Nowithstanding the provisions of subsection (a) of this section, minor changes in the detail of the approved plan which will not alter the basic relationship of the proposed development to adjacent property, will not alter the uses permitted or increase the density of development, or will not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site, may be made with the approval of the zoning administrator. Any applicant may appeal the decision of the zoning administrator to the board of adjustment for a decision as to whether an amendment to the conditional use permit shall be required.

(Ord. No. 87-04-08, § 6.5, 4-8-1987; Ord. No. O-2004-22, 8-9-2004)