§ 16.28.090  CHANGES TO APPROVED FINAL PLANS.
   A.   Engineering Corrections.
      1.   During construction, minor changes required by engineering or other physical site circumstances not foreseen at the time that the final plan was approved but encountered during construction on site, may be authorized by the Zoning Enforcement Officer. The Zoning Enforcement Officer may not approve any changes that violate the underlying zoning or approved exceptions or any conditions attached to the approved planned development.
      2.   A revised final site plan shall be submitted with changes indicated by mark-up or red-lined exhibit of the plans showing all amendments to the planned development. The revised final site plan will be reviewed and approved by the Zoning Enforcement Officer.
      3.   All changes to the final plan shall be recorded as amendments to the planned development ordinance and a new plan reflecting such changes shall be filed with the Department of Planning and Development noting the date of the changes.
   B.   Minor Changes.
      1.   The County Board may approve minor changes to the approved final plan that are not listed as a major change in § 16.28.090C. (Major Changes). However, the County Board may not approve any changes that violate the underlying zoning or approved exceptions, or any conditions of approval attached to the approved planned development, with the exception of modifications to a planned development’s time or phasing schedule.
      2.   A revised final site plan shall be submitted with minor changes indicated by mark-up or red-lined exhibit of the ordinance and plans showing all amendments to the planned development to the County Board. The County Board will review the revised final site plan, and approve, approve with modifications, or deny the revised final site plan.
      3.   All changes to the final plan shall be recorded as amendments to the planned development ordinance and a new plan reflecting such changes shall be filed with the Department of Planning and Development noting the date of the changes.
   C.   Major Changes. The following major changes require resubmittal of a planned development at the preliminary plan stage, including all application requirements and fees, and shall follow the planned development approval process:
      1.   A ten percent (10%) or more increase or twenty-five percent (25%) or more decrease in the approved density.
      2.   A change in building height over the approved maximum heights.
      3.   A significant change in the type, location, and arrangement of uses within the development as shown on the previously approved final plan. A significant change is defined as a change to a land use category, such as residential to commercial uses, single-family dwellings to multifamily dwellings, multifamily dwellings to single-family, and similar land use category changes.
      4.   A change in the boundaries of the planned development.
      5.   A decrease in open space that was included as a public benefit or amenity.
      6.   Any change that violates the underlying zoning or approved exceptions, or any conditions of approval attached to the approved planning development. This does not include modifications to a planned development’s time or phasing schedule, which are considered a minor change.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.9; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)