Minor modifications may be made to a site plan approved by the Planning Commission as provided by this section without the need to obtain formal approval for the change from the Planning Commission.
(A) Review and approval by Zoning Administrator. An application for a proposed minor modification to final site plan initially approved in connection with a zoning permit by the Zoning Administrator may be reviewed, and approved, approved with conditions or denied, by the Zoning Administrator alone. The Zoning Administrator’s decision to approve, approve with conditions or deny a minor modification shall be made in writing.
(B) Review and approval by Zoning Administrator and Planning Commission Chair; special use. An application for a proposed minor modification to a final site plan initially approved in connection with a special use approval by the Planning Commission may be reviewed, and approved, approved with conditions or denied, by the joint, concurring approval of the Zoning Administrator and the Chair of the Planning Commission. The decision by the Zoning Administrator and the Planning Commission Chair to approve, approve with conditions or deny a minor modification shall be made in writing. The Planning Commission Chair shall provide a copy of the written decision to the Planning Commission for its information at the Planning Commission’s next regularly scheduled meeting.
(C) Referral to Planning Commission. The Zoning Administrator and/or the Planning Commission Chair (as applicable) may, in their discretion, refer any application for a minor modification to the Planning Commission for review and approval by the Planning Commission. The Planning Commission shall also review applications for minor modifications in any case where the Zoning Administrator and the Planning Commission Chair do not concur in its decision under division (B) above. The Planning Commission’s decision to approve, approve with conditions or deny a minor modification shall be made in writing at a regularly scheduled or special meeting of the Planning Commission. A public hearing shall not be required.
(D) Requirements applicable to all minor modifications. In deciding whether or not to approve a minor modification, the official or body authorized to review and approve the requested modification may consult with other city staff, officials and departments, as appropriate. However, a modification to an approved plan shall not be approved unless the modification conforms to the standards and requirements applicable to the site plan in question as provided by this chapter. If a minor modification is approved, the applicant shall prepare any required changes to the site plan documents (including, without limitation, maps and written materials) as necessary to show the approved modification. No approval of a minor modification shall become final and effective until the Zoning Administrator has reviewed and approved the changes made to the site plan documents to reflect the approved modification, and the necessary documents as revised have been placed on file with the township. After a modification is final and effective, no activity or use on the property shall be conducted, except in strict compliance with the plan as modified.
(E) Changes eligible for consideration as minor modifications. The following changes to a final approved site plan shall be the only changes eligible for consideration as minor modifications as provided by this section:
(1) A change of not more than 20 feet in the location of any building or structure in any direction from the location as originally approved; provided that, the building or structure is not moved closer to any public or private right-of-way and remains in compliance with applicable setback distances;
(2) For non-residential buildings, a reduction or increase by no more than 5% in gross floor area;
(3) A change in the height of any building or structure by not more than 10%; provided that, applicable maximum height limits are not exceeded;
(4) The internal rearrangement of parking spaces in a parking lot; provided that, the total number of parking spaces is not reduced, circulation hazards or congestion are not created by the redesign and the rearrangement will not result in increased impacts on adjoining property;
(5) The substitution of landscaping or plant materials; provided, they are substituted by similar types of materials on a one-to-one or greater basis, as determined by the official(s) authorized to approve the minor modification as provided by this chapter;
(6) A reduction in number of signs, a decrease in the height or size of signs or an increase in the setback for any sign;
(7) A decrease in the width of a curb cut, or an increase of not more than 50% in the width of a curb cut; provided that, the increase or decrease complies with all applicable street and highway regulations;
(8) Improvements to access and circulation systems, such as the addition of acceleration/ deceleration lanes, curbing and pedestrian or bicycle paths; provided, the improvement complies with all applicable street and highway regulations;
(9) An increase in area of areas designated on a plan as being reserved for open space or as otherwise not being subject to development; and
(10) Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the project if the official(s) authorized to approve the minor modification as provided by this chapter determine that the changes are not material or significant in relation to the entire project and will not have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare.
(Ord. passed 7-12-2012, § 6.12)