1203.08   MINOR MODIFICATIONS.
   (a)   Applicability. The City Manager shall have the authority to grant minor modifications to approved site plans, approved development plans, final planned development plans, and final subdivision plats, and from specified development standards as set forth below:
      (1)   Minor modifications to approved site plans. The City Manager may grant minor modifications and amendments to an approved site plan provided the City Manager finds that such modification advances the goals and purposes of this Code and results in more effective environmental or open space preservation or relieves practical difficulties in developing a site for reasonable economic use. In no circumstance, however, shall the City Manager approve a modification or amendment that results in:
         A.   An increase in building height by greater than ten percent; or
         B.   An increase in the ratio of floor area to lot area, or impervious surface coverage, by greater than ten percent as calculated on a total project basis.
      (2)   Minor modifications to other approved plans/plats. The City Manager may grant minor modifications and amendments to an approved site specific development plan, final planned development plan, or final subdivision plat provided the City Manager finds that such modification advances the goals and purposes of this Code and results in more effective environmental or open space preservation or relieves practical difficulties in developing a site for reasonable economic use. In no circumstance, however, shall the City Manager approve a modification or amendment that results in:
         A.   An increase in overall project density by greater than ten percent;
         B.   An increase in the amount of impervious coverage or ratio of floor area to lot area by greater than ten percent.
      (3)   Minor modifications from zoning development and site plan standards. The City Manager may grant minor modifications up to a maximum of ten percent from the following development and site plan standards, provided the City Manager finds that such modification advances the goals and purposes of this Code and either results in less visual impact or more effective environmental or open space preservation or relieves practical difficulties in developing a site for reasonable economic use:
         A.   Minimum lot area requirements;
         B.   Yard and building setback requirements;
         C.   Structure height requirements;
         D.   Driveway access standards;
         E.   Tree/vegetation protection standards; or
         F.   Stream corridor, riparian area, or wetland setback requirements;
         G.   Landscape screening or planting area dimensions only in Districts 6 and 8.
      (4)   In determining "practical difficulties," the City Manager shall consider and apply the factors set forth in Section 1204.03(a).
      (5)   In granting such minor modifications, the City Manager may require conditions that will secure substantially the objectives of the standard so varied or 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.
   (b)   Procedure for Approval of Minor Modifications.
      (1)   Within fourteen days of the submittal of a complete application for approval of minor modifications, the City Manager shall either approve, approve with conditions, or deny the application. The City Manager shall consult, when appropriate, with other City agencies such as the City Engineer or City Community Development Staff prior to making his decision. All denials shall be in writing to the applicant, with the reasons for such denial specified.
      (2)   Minor modifications to an approved site plan or approved site specific development plan, final PD plan, or final subdivision plat shall be noted on a revised plan, which shall be plainly marked as "Amended," and submitted to the City Manager. The City Manager shall note the terms of the approved modification or amendment directly on the amended plan and affix his signature and the date of approval, and subsequently notify the Planning Commission of action taken. For amended final subdivision plats, the applicant shall thereafter record the amended plat with the County Recorder.
      (3)   The City Manager shall specify any approved minor modifications from development standards and the justifications for such modification on the pending development application for which the modifications were sought, set forth his written findings, and affix his signature and the date thereon.
   (c)   Application. Applications for minor modifications shall be submitted to the City Manager upon such forms as approved by the City Manager.
   (d)   Submittal Requirements. See Appendix A for submittal requirements for an application for minor modifications.
(Ord. 16-148, § 5.  Passed 2-21-17; Ord. 18-93.  Passed 10-15-19.)