§ 151.287 MAJOR MODIFICATIONS.

   (A)   Major modifications. The Planning Commission reviews applications for major modifications through the quasi-judicial procedure under § 151.233. Any 1 of the following changes constitutes a major modification:

      (1)   A change in land use, from a less intensive use to a more intensive use, as evidenced by, an estimated increase in automobile or truck trips (peak and/or average daily trips), an increase in hours of operation, an increased demand for parking, additional paved area, or similar factors, where the increase is 20% or more;

      (2)   An increase in floor area in a commercial or industrial development, or an increase in the number of dwelling units in a multifamily development, by 20% or more;

      (3)   A reduction in required setbacks, or an increase in lot coverage, by 20% or more;

      (4)   A change in the type and/or location of vehicle access points or approaches, driveways, or parking areas affecting off-site traffic, where the roadway authority determines the change could cause a significant adverse impact on traffic operations or safety (i.e. requiring mitigation);

      (5)   A reduction to screening, or a reduction to the area reserved for common open space or landscaping by 20% or more; or

      (6)   Change to a condition of approval, or a change similar to (A)(1) through (5), above, that could have a detrimental impact on adjoining properties.

      (7)   Other changes similar to those in (A)(1) through (6), above, in scale, magnitude, or impact to adjacent properties, as determined by the City Planning Official.

   (B)   Major modification applications; approval criteria. Requests for major modifications shall conform to all of the following procedures and criteria:

      (1)   The applicant shall submit an application form, filing fee, a narrative or letter describing the modification, and a site plan using the same plan format as in the original approval. The city may require other relevant information, as necessary, in evaluating the request;

      (2)   The application shall be subject to the same approval criteria used for the initial project approval; except that a modification adding a conditional use to a project approved without a conditional use shall require findings in conformance §§ 151.270 through 151.273;

      (3)   The scope of review shall be limited to the modification request. Notice shall be provided in accordance with §§ 151.230 through 151.238; and

      (4)   The Planning Commission shall approve, deny, or approve with conditions an application for major modification based on written findings on the applicable Code criteria, which shall be the same as for the original land use approval (e.g., subdivision, site design review, conditional use, etc.).

(Ord. 2021-08-02, passed 10-12-2021)