(A) Development may only take place in accordance with approvals granted hereunder. Any deviation from approved development requires review and approval pursuant to this section. In general, the entity which approved the development for which modification is sought will be responsible for deciding whether to approve modifications to such development. There are two exceptions to this rule. First, in some circumstances, as defined herein, the Land Use Administrator may authorize modifications which are deemed minor. Second, if the density of the entire development, taking into consideration the proposed modification and any previous modifications, would exceed the threshold for a higher level of review and if such modifications, viewed cumulatively, do not qualify as de minimis, as defined herein, the entire development will be required to undergo the higher level of review.
(B) Proposed modifications shall qualify as de minimis if the cumulative effect of such modifications would not increase the established density of the development by more than 10%. Density shall be measured in terms of dwellings per acre for residential developments and in terms of gross floor area for non-residential developments. The established density shall be the density approved in the initial land development permit for the development. By way of illustration, if the owner of a commercial development with an established density of 25,000 square feet of floor area proposed a 6,000-square-foot addition, the entire development, including that which is existing or previously approved, will be required to undergo special use review in accordance with § 152.123. If the owner of
such development proposed a 2,000-square-foot addition, the modification would qualify as de minimis and would be processed under development plan review.
(C) Modifications of developments authorized under land development review. The Zoning Administrator shall approve modifications to developments authorized under land development review so long as the total development, including all modifications, complies with applicable provisions of this chapter and so long as the total development does not exceed the thresholds for development plan review.
(D) Modifications of developments authorized under development plan review. The Land Use Administrator may approve a modification of a land development permit for changes to plans approved under development plan review as long as such changes continue to comply with all applicable requirements and so long as the total development, including all modifications, does not exceed the threshold for special use review.
(E) Modifications of developments authorized under special use review. The Land Use Administrator is authorized to approve minor modifications to the approved final plans of developments authorized under special use review, but major modifications may only be authorized by the Board of Adjustment in accordance with the procedures set forth herein. A modification shall be deemed minor if it is not a major modification. A modification shall be deemed major if it proposes a substantial departure from the approving action of the Board of Adjustment with regard to the original application or any subsequent modifications. Substantial departure from such approving action shall exist whenever the proposed modification would result in one or more of the following:
(1) A substantial change in the boundaries of the site approved by the Board;
(2) A substantial change from the use(s) approved by the Board;
(3) A substantial increase in the floor area approved by the Board;
(4) A substantial increase in the number of residential dwelling units;
(5) A substantial increase in the density of nursing homes, rest homes, congregate care facilities or progressive care facilities;
(6) A substantial change in the location of one or more principal and/or accessory structures approved by the Board;
(7) Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal and/or accessory structures as shown on the plans approved by the Board;
(8) A substantial change in pedestrian or vehicular access or circulation approved by the Board; and
(9) A substantial change in the amount or location of open space, landscaping or buffer screens approved by the Board.
(F) If the proposed action is determined to be a major modification, the Land Use Administrator shall require the filing of an application for approval of the modification. The Land Use Administrator shall prescribe the form(s) of application as well as any other material reasonably required to determine compliance with this subchapter. An application for major modification of a development authorized under special use review shall be reviewed in accordance with the procedures established for special use review.
(G)
No modification shall be allowed to a special use permit issued in a special use zoning district or a planned development district unless the applicant accepts all of the requirements and conditions the Board of Adjustment proposes to impose on the modification. Acceptance of conditions by the applicant may be indicated at the Board hearing on the special use permit modification or by affidavit submitted prior to the Board taking action on the modification application.
(Ord. passed 10-1-07; Am. Ord. passed - - )