(A) Minor Modification. Minor changes to an approved site plan review permit that substantially conform to the approved or issued permit are eligible for review as a minor modification. A minor modification may allow for an increase or decrease of the following elements of the approved development, by no more than 10%:
(1) Approved building height;
(2) Approved setback distances;
(3) Landscape coverage;
(4) Building floor area;
(5) Site building coverage;
(6) Other approved numerical elements.
In no case may the increase or decrease be below the minimum or exceed maximum standards established by the City Code.
(B) Modifications to building elevations may be considered under a minor modification, provided that modified elevations comply with applicable objective design standards and applicable zoning regulations contained in this chapter and other adopted standards.
(C) An application for a minor modification shall be filed with the Director. Three copies of the site plan, elevation and landscape plan, if applicable, shall be submitted with a letter outlining the requested modification(s).
(D) Fees for filing an application for a minor modification shall be set by resolution of the City Council.
(E) Upon review of the application for a minor modification, the Director shall issue a written decision approving, conditionally approving or denying the application within the time period prescribed by State law.
(F) The Director's decision to approve a minor modification to a site plan review is final and is not subject to appeal, except as follows: An application for a minor modification shall only be appealable if the matter is denied with written findings justifying the denial. The denial may be appealed to the Hearing Officer within ten days of the date of the issuance of the written decision. An appeal shall be granted if the Director's decision does not include written findings or if the written findings do not justify the denial consistent with state or local law.
(G) Major Modification. Changes to an approved site plan review permit that do not qualify as minor modifications under Subsection (A) or (B) shall be reviewed under a new site plan review. application.
(Ord. No. 3003)