(A) Upon petition by a permit holder, administrative minor modifications to an approved conditional zoning district, special use permit, site plan, or other development permit approved by the Board of Commissioners, Board of Adjustment or the Zoning Administrator are permissible. The minor modifications authorized herein are intended to provide relief where conditions, established by the permit granted, create a hardship based upon a unique physical attribute of the property itself or some other factor unique to the property which was not known at the time of permit approval and which subsequently rendered the land difficult or impossible to use due to the condition(s) imposed. The permit holder shall bear the burden of proof to secure the modification(s). Minor modifications shall be limited to changes that the Zoning Administrator determines would not:
(1) Change the gross square footage of nonresidential development by more than 5%;
(2) Change the lot coverage by more than 5%;
(3) Change any use or density;
(4) Adjust the landscaping requirements by more than 10%; or
(5) Adjust the required parking more than 5%.
(B) All other requests for changes in approved site plans will be processed as a modification to the original application. If the requests are to be acted upon by the Board of Commissioners or Board of Adjustment, new conditions may be imposed only on the specific site or area requested to be modified in accordance with § 153.13, but the applicant retains the right to reject the additional conditions by withdrawing his or her request for an amendment and may then proceed in accordance with the previously issued permit.
(C) The Zoning Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in divisions (A) and (B) above.
(D) A property owner requesting approval of changes shall submit a written request for the approval to the Zoning Administrator, which request shall identify the changes. Approval of all changes must be provided to the property owner in writing.
(E) A vested right established in accordance with § 153.24 shall not be extended by any amendments or modifications to an approved site specific vesting plan unless expressly provided for by the Board of Commissioners.
(Ord. passed 7-25-2011 7-25-2011; Ord. 21-O-04, passed 6-28-2021)