3.19.1 Minor Modifications to Development and Zoning District Standards

      (A)   Applicability

         (1)   As part of the review and approval of any procedure set forth in this Chapter 3, an applicant may request a minor modification of any of the development or zoning district standards that are listed in the following table pursuant to the procedures described below. Specifics on allowable modifications may be found in the associated text listed in the table. For properties owned by the Town, the Planning Director shall review all requests for minor modifications listed in the table.

         (2)   Review of a minor modification is limited to review of that modification only. Consideration of a requested minor modification does not change the applicable approval authority for the development plan as a whole.

         (3)   Development plans seeking to deviate beyond the scope of the Minor Modification process are required to undergo the typical rezoning and/or development plan review process or may request a variance, if applicable, pursuant to Section 3.20. The Minor Modification process is not available for use in situations when there is an existing nonconforming site or structure.

TABLE 3.19-1: MINOR MODIFICATIONS ALLOWED
Standard That May be Modified	Decision-Making Body	Modification Allowed (%)
Highway Corridor Buffer width [Section 7.2.15]	Zoning Board of Adjustment *	Up to 70
Impervious surface limitations within the Swift Creek portion of the Watershed Protection Overlay [Section 4.4.6(I)]	Zoning Board of Adjustment *	See Section 4.4.6(I)
Building setback requirements (Sections 6.1 and 6.2); building height (Section 6.4)	Planning Director	15
Building setback requirements (Sections 6.1 and 6.2)	Zoning Board of Adjustment *	More than 15
Development and design standards, numerical (Chapter 7) (however, modifications to landscaping requirements are addressed in Section 7.2.10 and modifications to parking standards are addressed in Section 7.8.2)	Planning Director	15
Development and design standards, numerical (Chapter 7) (however, modifications to landscaping requirements are addressed in Section 7.2.10 and modifications to parking standards are addressed in Section 7.8.2)	Zoning Board of Adjustment *	30
Development and design standards, non-numerical (Chapter 7), limited specifically to the following LDO sections: 7.2.8(A), 7.7.3(C), 7.8.2(G), 7.10.3, and 7.10.4.	Planning Director	(not applicable)
Development and design standards, non- numerical (Chapter 7), limited specifically to the following LDO section: 7.2.5	Zoning Board of Adjustment *	(not applicable)
Subdivision design standards, numerical, excluding Standard Specifications and Details and Section 8.1.4(A)(10) (Chapter 8)	Planning Director	15
Subdivision design standards, numerical, excluding Standard Specifications and Details and Section 8.1.4(A)(10) (Chapter 8)	Zoning Board of Adjustment *	30
Required right-of-way dedication, Section 8.1.4(A)(10)	Transportation and Facilities Director	5% of their half of the required street standard width
Required right-of-way dedication, Section 8.1.4(A)(10)	Zoning Board of Adjustment *	More than 5% of their half of the required street standard width
* For properties owned by the Town, the Planning Director shall review all requests for minor modifications that would otherwise be reviewed by the Zoning Board of Adjustment.

 

      (B)   Exceptions to Authority to Grant Minor Modifications

         In no circumstance shall any decision-making body approve a minor modification that results in:

         (1)   An increase in overall project density;

         (2)   A change in permitted uses or mix of uses;

         (3)   [reserved];

         (4)   A deviation from the Use-Specific Standards, set forth in Section 5.2; or

         (5)   A change in zoning conditions.

      (C)   Procedure

         (1)   Minor Modifications Approved by Planning Director or Transportation and Facilities Director

            (a)   The Planning Director or Transportation and Facilities Director may approve a minor modification allowed under this section at any time prior to submittal of the staff report on an application to another decision-making body, if a report is required, or prior to final decision, if no report is required.

            (b)   Such modification shall be reviewed pursuant to criteria found in the applicable Ordinance section for each modification. If no approval criteria are present, the modification shall be approved if:

               1.   it otherwise meets all requirements of this Ordinance and applicable Town specifications; and,

               2.   the applicant establishes that compliance with the provision sought to be modified is not practicable due to physical site constraints, such as topography, presence of stream buffers or other natural features, or lot dimensions; or due to presence of existing development or infrastructure; and,

               3.   the applicant establishes that the modification requested represents the least deviation required to make compliance practicable.

            (c)   The Planning Director's decision on a request for minor modification may be appealed to the Zoning Board of Adjustment.

         (2)   Minor Modifications Approved by Zoning Board of Adjustment

            The Zoning Board of Adjustment may initiate or approve a minor modification allowed under this section at any time before the applicable approval authority takes action on a development application. The Zoning Board of Adjustment may approve the minor modification only if it finds, after conducting a quasi-judicial hearing, that the modification advances the goals and purposes of this Ordinance and either results in less visual impact or more effective environmental or open space preservation, or relieves practical difficulties in developing a site. In determining if "practical difficulty" exists, the factors set forth in Section 3.20.5, "Approval Criteria" (for Variances) shall be considered. In granting a minor modification allowed under this section, the Zoning Board of Adjustment may require conditions that will secure substantially the objectives of the standard that is modified and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties, including but not limited to additional landscaping or buffering. Requests for modifications that exceed the percentages in Table 3.19-1 shall be treated as requests for a variance.

         (3)   Noted on Pending Application

            Staff shall specify any approved minor modifications and the justifications for such modifications on the pending development application for which the modifications were sought.