After the approval of a Conditional Use Permit, the developer, individual property owners or property owner associations may wish to make major or minor modifications. Inasmuch as approval of a Conditional Use is based upon a many site-specific considerations, proposed modifications must be evaluated for their impact on the visual and physical amenities of the development. In order to allow for a process through which this assessment can be made, the following procedures for modification of a conditional use shall be followed:
(a) An application for an "Amendment to a Conditional Use" shall be filed with the Building and Zoning Inspector. The application shall include the required number of complete sets of maps and drawings as designated by the Building and Zoning Inspector clearly showing the proposed changes
(b) The Building and Zoning Inspector shall review the proposed modifications and shall determine if the scope of the proposed changes is major or minor in nature. To qualify as a minor modification, the Building and Zoning Inspector shall find that proposed modification consists of only the following:
(1) Adjustments to the size and location of structures, swimming pools, patios and required fencing, landscaping and other improvements that do not;
A. Result in an increase in the approved number of housing units or principal non-residential structures
B. Increase building mass of a principal structure through an increase in height, length or percent of lot coverage.
C. Move or relocate a principal structure when the subject property abuts land that is used for residential purposes inside or outside of the development.
D. Move or relocate a principal structure such that the placement of structures will be closer to any one property line than existed before such relocation.
(2) Adding new accessory structures in any residential area, such as storage sheds, children's playhouses and other accessory structures that do not exceed one-hundred 100 square feet in lot coverage and does not exceed ten (10) feet in height.
(3) Modifications to approved circulation drives and parking areas so long as they do not reduce the number of approved spaces, or encroach into setback areas or designated recreation/open space areas, and the location and number of curb cuts remains unchanged.
(4) Reductions in the size of signs.
(c) The Building and Zoning Inspector may approve minor changes if all of the following conditions are met:
(1) The proposed minor change is in conformity with all previously imposed requirements, administrative regulations and/or policies.
(2) The proposed minor change meets with the approval of applicable City departments; and,
(3) All conditions for approval of the minor change are acceptable to the applicant. Otherwise, the Building and Zoning Inspector shall forward the request with the attendant recommendations to the Planning Commission and it shall approve, conditionally approve or reject the minor change request. The Planning Commission shall be advised of all minor changes authorized under the above procedures.
(d) A major change shall be construed as any change that does not satisfy the above criteria for a minor change. All proposed major changes shall be acted upon in the same manner and in accordance with the same procedures as an original conditional use approval as specified in this Chapter.
(Ord. 029-2022. Passed 5-16-22.)