(A) The Zoning Administrator is authorized to approve minor changes in the approved plans of special uses, as long as they are in harmony with action of the approving body, but shall not have the power to approve changes that constitute a modification of the approval.
(B) A modification shall require approval of the Town Council and shall be handled as a new application.
(C) The Zoning Administrator shall use the following criteria in determining whether a proposed action is a minor change or a modification:
(1) Any change in location or any increase in the size or number of signs shall constitute a modification;
(2) Any increase in intensity of use shall constitute a modification. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in number of dwelling or lodging units, and/or an increase in outside land area devoted to sales, displays or demonstrations;
(3) Any change in parking areas resulting in an increase or reduction of 5% or more in the number of spaces approved by the Town Council shall constitute a modification. In no case shall the number of spaces be reduced below the minimum required by the ordinance;
(4) Structural alterations significantly affecting the basic size, form, style, ornamentation and the like of the building as shown on the approved plan shall be considered a modification;
(5) Substantial change in the amount and/or location of open space, recreation facilities or landscape screens shall constitute a modification;
(6) A change in use shall constitute a modification; and
(7) Substantial changes in pedestrian or vehicular access or circulation shall constitute a modification.
(D) The Zoning Administrator shall, before making a determination as to whether a proposed action is a minor change or a modification, review the record of the proceedings on the original application for the approval of the special use.
(E) The Zoning Administrator shall, if he or she determines that the proposed action is a modification, require the applicant to file a request for approval of the modification, which shall be submitted to the Town Council. The Council may approve or disapprove the application for approval of a modification.
(1981 Code, § 807) (Ord. passed 6-28-2004)