§ 9-52.100. Modification of an Approved Project

Development or a new land use authorized through a permit granted in compliance with this Development Code shall be established only as approved by the applicable review authority and subject to any conditions of permit approval, except where changes to the project are approved in compliance with this Section.

A.

Request for modification. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use. The following categories of changes are available to the applicant:

1.

Administrative Actions are identified in Section 9-52.030; or

2.

Modifications are identified in Subsection B (Modifications), below.

B.

Modifications. Changes to the project that do not comply with Section 9-52.030 (Administrative Actions), shall only be approved by the Director through a modification application, in compliance with Subsections 1 through 7 below.

1.

Modification procedure. The modification procedure is intended to provide a method whereby major or substantial changes may be made to an existing, approved project (e.g., Conditional Use Permit, Cluster Development Permit, Planned Development Permit, etc.) except Variances, in compliance with Section 9-52.090. This procedure may allow an applicant to process changes that affect only a portion of a previously approved project.

2.

Applicability.

a.

A modification is generally applicable when additional public input is necessary due to a request for major or substantial changes (e.g., architecture or improvements, in building bulk or area, landscaping plan changes affecting more than 25% of site landscaping or removal of more than ten (10) trees, per calendar year, whichever is greater, parking requirements, or site design).

b.

A modification shall not be applied for in place of a Variance.

c.

All applications may re-open review of the entire project (e.g., property within the control of the applicant) and its conditions at the sole discretion of the applicable review authority.

3.

Application.

a.

Application for a modification shall be made on the same form and in the same manner as prescribed for the original project, together with the filing fee required by the City's Schedule of Service Charges.

b.

The request shall include submittal of the original approved plans with the proposed modifications clearly denoted.

c.

All applications shall be signed by the owner of the property or a person with the appropriate Power of Attorney or written consent of the property owner.

4.

Review authority. The Director may grant a modification, or may defer action and refer the application to the Commission.

5.

Application review, notice and hearing.

a.

Each modification application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

b.

The Director shall conduct a public hearing on the application for a modification before the approval or disapproval of the request.

c.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

6.

Required findings.

a.

The Director may grant the requested modification only after first finding that the request still complies with the findings required for the original permit approval (e.g., Conditional Use Permits [Section 9-52.070], Cluster Development Permits [Section 9-52.040], Planned Development Permits [Section 9-52.050], etc.)

b.

For Cluster Development Permits and Planned Development Permits in a queue of the Allocation System, the Director shall make the additional finding that the proposed modification improves the overall project.

c.

Ensure consistency with applicable City-adopted design guidelines.

d.

Ensure that the proper standards and conditions have been imposed which protect the public health, safety, and welfare.

7.

Expiration date. Any modification granted in compliance with this Section shall not affect the expiration date of the original approved permit.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012 and § 3 (Exh. A), Ord. No. 1278, eff. December 14, 2017)