§ 151.285 PURPOSE.

   The purpose of this section is to provide an efficient process for modifying land use decisions and approved development plans, in recognition of the cost and complexity of land development and the need to conserve city resources.

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

§ 151.286 APPLICABILITY.

   This chapter applies when an applicant proposes to modify an approved application or condition of approval.

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

§ 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)

§ 151.288 MINOR MODIFICATIONS.

   (A)   Minor modification. A minor modification is a change to an approved plan or condition of approval that does not meet any of the thresholds for a major modification listed in § 151.287(A). The City Planning Official, through a Type I or II procedure, depending on whether the proposal involves the exercise of discretion, shall review proposals for minor modifications. Minor modifications include technical corrections to comply with codes and regulations, and changes that fall below the thresholds in § 151.287, as determined by the City Planning Official.

   (B)   Minor modification applications. An application for minor modification shall include an application form, filing fee, letter describing the modification, and site plan using the same plan format as in the original approval. The City Planning Official may require other relevant information, as necessary, in evaluating the request.

   (C)   Minor modification approval criteria. The City Planning Official shall approve, deny, or approve with conditions an application for minor modification based on findings of compliance or noncompliance with the applicable requirements of the Development Code and the conditions of approval of the original decision.

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

AMENDMENTS TO COMPREHENSIVE PLAN MAP, ZONING MAP OR CODE

§ 151.300 PURPOSE.

   The purpose of this subchapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and Zoning Map. Amendments may be necessary from time to time to reflect changing community conditions, to correct mistakes, or to address changes in the law.

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

§ 151.301 AUTHORIZATION TO INITIATE AND APPROVE AMENDMENTS.

   An amendment to the Comprehensive Plan text or map, and/or to the text or zoning map of this title may be initiated by the City Council, by the Planning Commission, or by application of a property owner or their authorized agent.

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