These are administrative modifications to conditional zoning, special use permits and other development approvals, which must follow standard practices outlined in this ordinance.
(A) Changes to an approved site plan. Except as provided in division (B) below, changes to an approved petition or to the conditions attached to the approved petition shall be treated the same as amendments to these regulations or to the zoning maps and shall be processed in accordance with the procedures in this chapter.
(B) Administrative amendment process.
(1) Application for an administrative amendment. Any request for an administrative amendment shall be pursuant to a written letter, signed by the property owner, to the planning staff detailing the requested change. Upon request, the applicant must provide any additional information that is requested. Accompanying the letter shall be the applicable fee for administrative review.
(2) Authority to approve an administrative amendment.
(a) The Planning Director or designee shall have the delegated authority to approve an administrative amendment change to an approved site plan. The standard for approving or denying such a requested change shall be that the change does not significantly alter the site plan or its conditions and that the change does not have a significant impact upon abutting properties.
(b) Significant changes to an approved site plan that cannot be considered through an administrative amendment include the following:
1. Increasing the number of buildings;
2. Increasing the number of dwelling units more than five units or 10% of the total approved, whichever is less;
3. Adding driveways to thoroughfares;
4. Reducing parking spaces below the minimum standards;
5. Reducing buffers or yards;
6. Moving structures closer to adjacent properties in a residential district or when abutting a residential use;
7. Reducing open space;
8. Changing owner occupied units to rental if noted on the site plan; and
9. Increasing the mass of buildings.
(c) The Planning Director or designee, however, shall always have the discretion to decline to exercise the delegated authority either because the designee is uncertain about approval of the change pursuant to the standard or because a rezoning petition for a public hearing and City Council consideration is deemed appropriate under the circumstances. If the Planning Director or designee declines to exercise this authority, then the applicant can only file a rezoning petition for a public hearing and Council decision.
(C) Staff decision, notifications, appeal process.
(1) Approval where there was a valid protest petition in effect on the original rezoning petition.
(a) If an administrative amendment is approved, and a valid protest petition was filed against the original petition on or after 1-1-2006 (even if it was withdrawn), then the Planning Director or designee shall:
1. Send written notification of the approval to adjacent property owners within 300 feet of the subject parcel (exclusive of rights-of-way);
2. Send written notification of the approval to neighborhood leaders, as listed by the planning department, within one mile of the subject site; and
3. Post a sign on the subject property, indicating that the staff has granted an administrative amendment.
(b) Adjacent property owners within 100 feet (exclusive of rights-of-way) have the right to file an appeal with the Planning Director or designee within 30 days from the date of the written notification. The Zoning Committee of the Planning Commission shall hear the appeal through a quasi-judicial process.
(2) Approval without valid protest petition in effect on the date of the original rezoning decision. If an administrative amendment is approved, adjacent property owners within 100 feet (exclusive of rights-of-way) have the right to file an appeal with the planning director or designee within 30 days of the date the decision was filed, although no notification to adjacent property owners is required.
(3) Denial.
(a) If an administrative amendment is denied, then the Planning Director or designee shall send written notification of the denial to the applicant. The applicant shall have 30 days from the date of the written notification to file an appeal of the decision with the Planning Director or designee.
(b) If the denial is appealed, then the planning staff shall send written notification to adjacent property owners within 300 feet of the subject parcel (exclusive of rights-of-way), notifying them of the appeal.
(c) The Zoning Board shall hear the appeal through a quasi-judicial process.
(D) Zoning Board appeal process.
(1) The Zoning Board of the Planning Commission shall hold a quasi-judicial meeting to hear the appeal. The Zoning Board may affirm, reverse or modify the decision under appeal, making findings of fact and conclusions of law to support its decision.
(2) Appeals of the Zoning Board decision may be made to Superior Court.
(Ord. passed 5-13-1996)