Occasionally, unanticipated circumstances require changes to approved development plans and permits including developer agreements and site-specific vesting plans. In accordance with G.S. § 160D-403(d) the Town of Canton allows for minor modifications to be administratively approved; however, all major modifications require the same procedures to be followed as were completed for the original approval. This administrative flexibility reduces the need for a full approval process to accommodate a limited change to the plans for a project.
(a) Major modifications. The following are considered major modifications and shall not be approved administratively. These changes must follow the same process as the original approval.
(1) Any change in land use.
(2) Any change in density.
(3) When there is introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access.
(4) When the total floor area of a commercial or industrial classification is increased more than ten percent (10%) beyond the total floor area last approved by the Board of Aldermen.
(5) A change in the type of proposed dwelling unit (e.g. SF detached to townhouse).
(6) When the number of existing trees to be preserved is decreased more than ten percent (10%) beyond the number of trees shown on the approved plans.
(7) Any change that would increase traffic beyond the levels projected in the approved Transportation Impact Analysis (TIA).
(8) Any increase the stormwater impact beyond what was identified in the approved stormwater analysis for the project.
(9) Any change which alters the basic development concept of the approval.
(10) Any net reduction in the area of a buffer or a reduction in width of more than twenty-five (25%) of the approved width.
(11) For developer agreements, any change in deadlines or completion dates in excess of three (3) months.
(12) Any minor modification beyond the permitted number of modifications for a specific approval.
(b) Minor modifications. The Administrator is authorized to review and approve administratively a minor modification to an approved special use permit, conditional zoning, major subdivision, site plan, or vesting plan, subject to the following limitations.
(1) General limitations. The minor modification shall meet the following:
a. Does not involve a change in the uses permitted or the density of overall development permitted.
b. Does not increase the impacts generated by the development on traffic, stormwater runoff, or similar impacts beyond what was projected for the original development approval; and
c. In compliance all other ordinance requirements.
d. Limited to two (2) modifications per development approval for the life of the project.
(2) Site design. Site design minor modifications are limited adjustments to the terms or design of an approved development plan or plat, including a site plan attached as a condition to a conditional zoning or special use permit. In addition to the general limitations for minor modifications, a site design minor modification must:
a. Comply with underlying zoning standards and other applicable conditions of the approval;
b. Be limited to a minor change such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building or internal driveway location, or a minor adjustment to utility alignment.
(3) Dimensional standards. Dimensional standard minor modifications are adjustments to the dimensional standards of the zoning ordinance. Dimensional standards may only be modified upon a finding by the Administrator, based on evidence from the permit holder, that the modification is needed to address a site characteristic or technical design consideration not known at the time of initial approval. In addition to the general limitations for minor modifications, dimensional standard minor modifications are limited to:
a. An adjustment to parking requirements up to the greater of five (5) spaces or ten (10) percent.
b. An adjustment to setback requirements up to greater of five (5) feet or twenty five (25) percent of the standard setback.
c. An adjustment to landscape standards up to twenty (20) percent of required landscaping.
(c) Appeals and variances. A decision on minor modification may be appealed to the Board of Adjustment as an administrative determination. An application for a minor modification does not preclude an applicant from seeking a variance from the Board of Adjustment.
(d) Individual parcels within a conditional zoning district. For a conditional zoning district applicable to multiple parcels, the owners of individual parcels may apply for minor modification or major amendment so long as the change would not result in other properties failing to meet the terms of the conditions. Any approved changes shall only be applicable to those properties whose owners petitioned for the change.
(Ord. of 6/24/21)