(a) The planning director is authorized to approve minor changes in the approved final plans for a development under this article as long as such changes continue to be in compliance with the approving action of the board of commissioners and all other applicable requirements, but shall not have the authority to approve changes that constitute a modification of the special use permit.
(b) Any change requiring evidentiary support in addition to that presented at a public hearing on applications for the original special use permit or subsequent modifications of the special use permit shall constitute a modification of the special use permit. Before making a determination as to whether a proposed action is a minor change or a modification, the planning director shall review the record of the proceedings on the original application for the special use permit and subsequent applications for modifications of the special use permit and shall use the following criteria in making the determination:
(1) A change in the boundaries of the site of the approved special use permit shall constitute a modification;
(2) A change in uses permitted or the density of overall development permitted shall constitute a modification;
(3) An increase of ten percent or more in the number of parking spaces of the approved special use permit, unless the proposed addition is ten or fewer spaces, shall constitute a modification;
(4) Substantial changes in the location of principal and/or accessory structures of the approved special use permit shall constitute a modification; and
(5) Substantial changes in vehicular access or circulation of the approved special use permit shall constitute a modification.
(c) If the proposed action under this article is determined to be a modification, the planning director shall require the filing of an application for approval of the modification. The planning director shall prescribe the form of applications as well as any other material he may reasonably require to determine compliance with this article. An application for modification of a special use permit shall be reviewed in accordance with the procedures established in section 14-254. No modification shall be allowed to a special use permit issued in a conditional use zoning district unless the applicant accepts in writing all of the requirements and conditions the board of commissioners proposes to impose on the modification. Acceptance of conditions by the applicant may be provided at the board of commissioners hearing on the special use permit modification or by affidavit submitted prior to the board of commissioners taking action on the modification application.
(Ord. of 7-10-2000, § 6.5; Amend. of - - )