(A) No major modifications to zoning or special use permits, site plans, or other development approvals shall be allowed without specific action of the Planning Board and City Council. No major modifications to variance permits shall be allowed without specific action of the Board of Adjustment. However, unanticipated circumstances require changes to approved development plans and permits, including developer agreements and site-specific vesting plans. In accordance with G.S. § 160D-403(d), the city allows for minor modifications to be administratively approved as outlined below.
(B) Major modifications. The following are considered major modifications and shall not be approved administratively. These changes must follow the same process as the original approval.
(1) Any change in land use.
(2) Any change in density.
(3) When there is introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access.
(4) When the total floor area of a commercial or industrial classification is increased more than 10% beyond the total floor area last approved by City Council.
(5) A change in the type of proposed dwelling unit (e.g. SF detached to townhouse).
(6) When the number of existing trees to be preserved is decreased more than 10% beyond the number of trees shown on the approved plans.
(7) Any change that would increase traffic beyond the levels projected in the approved Transportation Impact Analysis (TIA).
(8) Any increase the stormwater impact beyond what was identified in the approved stormwater analysis for the project.
(9) Any change which alters the basic development concept of the approval.
(10) Any net reduction in the area of a buffer or a reduction in width of more than 25% of the approved width.
(11) For developer agreements, any change in deadlines or completion dates in excess of three months.
(12) Any minor modification beyond the permitted number of modifications for a specific approval.
(C) Minor modifications. The Planning Director is authorized to review and approve (or deny) administratively a minor modification to an approved permit, development approval, special use permit, conditional zoning, subdivision plat, site plan, or vesting plan, subject to the following limitations.
(1) General limitations. The minor modification shall meet the following:
(a) Does not involve a change in the uses permitted or the density of overall development permitted.
(b) Does not increase the impacts generated by the development on traffic, stormwater runoff, or similar impacts beyond what was projected for the original development approval.
(c) In compliance with all other chapter requirements.
(d) Limited to one modification per development approval in a six month period, unless one single site issue necessitates more than one modification. In no instance, however, shall there be more than four modifications for the life of the project.
(e) Is necessitated due only to an unanticipated site condition discovered during construction, a change in availability of a construction-related product, extraordinary weather or other forces of nature, or a change on an off-site condition to which the applicant had no prior knowledge.
(2) Site design. Site design minor modifications are limited adjustments to the terms or design of an approved development plan or plat, including a site plan attached as a condition to a conditional zoning or special use permit. In addition to the general limitations for minor modifications, a site design minor modification must:
(a) Comply with underlying zoning standards and other applicable conditions of the approval.
(b) Be limited to a minor change such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building or internal driveway location, or a minor adjustment to right-of-way location.
(c) Dimensional standards. Dimensional standard minor modifications are adjustments to the dimensional standards of the zoning ordinance. Dimensional standards may only be modified upon a finding by the Administrator, based on evidence from the permit holder, that the modification is needed to address a site characteristic or technical design consideration not known at the time of initial approval.
(3) In addition to the general limitations for minor modifications, dimensional standard minor modifications are limited to:
(a) An adjustment to parking requirements up to the greater of ten spaces or 20%.
(b) An adjustment to setback requirements up to greater of five feet or 25% of the standard setback.
(c) An adjustment to landscape standards up to 20% of required landscaping.
(D) All other requests for changes in approved plans will be processed as new applications. If the requests are required to be acted upon by the City Council, new conditions may be imposed, but the applicant retains the right to reject the additional conditions by withdrawing his or her request for an amendment and may then proceed in accordance with the previously issued permit.
(2009 Code, § 155.264) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)