Chapter 4.6
MODIFICATIONS TO APPROVED PLANS AND CONDITIONS OF APPROVAL
Sections:
4.6.100 Modifications – Purpose.
4.6.200 Modifications – Applicability.
4.6.100 Modifications – Purpose.
The purpose of this chapter is to provide an efficient process for modifying land use decisions and approved development plans, in recognition of the cost and complexity of land development and the need to conserve city resources. (Ord. 08-06 § 3, 2008)
4.6.200 Modifications – Applicability.
A. This chapter applies to all development applications approved through the provisions of Article 4, including:
1. Land use review approvals;
2. Design review approvals;
3. Subdivisions, partitions, and property line adjustments;
4. Conditional uses;
5. Planned developments; and
6. Conditions of approval on any of the above permit types.
B. This chapter does not apply to comprehensive plan amendments, land use district changes, text amendments, annexations, temporary use permits, or other permits not listed in subsection (A) of this section. (Ord. 08-06 § 3, 2008)
4.6.300 Major modifications.
A. Major Modification Defined. The community development director shall determine that a major modification(s) is required if one or more of the changes listed below are proposed:
1. A change in land use;
2. An increase in density by more than 10 percent, provided the resulting density does not exceed that allowed by the land use district;
3. A change in setbacks or lot coverage by more than 10 percent, provided the resulting setback or lot coverage does not exceed that allowed by the land use district;
4. A change in the type and/or location of access ways, drives or parking areas affecting off-site traffic;
5. An increase in the floor area proposed for nonresidential use by more than 15 percent where previously specified;
6. A reduction of more than 10 percent of the area reserved for common open space; or
7. Change to a condition of approval, or a change similar to subsections (A)(1) through (6) of this section, that could have a detrimental impact on adjoining properties. The community development director shall have discretion in determining detrimental impacts warranting a major modification.
B. Major Modification Applications – Review Criteria. An applicant may request a major modification using a Type II or Type III review procedure, as follows; the applicant shall bear the burden of proof.
1. Upon the community development director determining that the proposed modification is a major modification, the applicant shall submit an application form, nonrefundable filing fee and narrative, and a site plan using the same plan format as in the original approval. The community development director may require other relevant information, as necessary, to evaluate the request.
2. The application shall be subject to the same review procedure (Type II or III), decision-making body, and review criteria used for the initial project approval, except that adding a conditional use to an approved project shall be reviewed using a Type III procedure.
3. The scope of review shall be limited to the modification request. For example, a request to modify a parking lot shall require design review only for the proposed parking lot and any changes to associated access, circulation, pathways, lighting, trees, and landscaping. Notice shall be provided in accordance with Chapter 4.1 SDC.
4. Due to the interrelated nature of planned developments, modifications to approved planned developments may be reviewed in the context of the entire approved planned development allowing for adjustments, mitigation and redesign to ensure the intent of the original planned development approval is achieved as a whole or the modification is an improvement on the original approval.
5. The decision-making body shall approve, deny, or approve with conditions an application for major modification based on written findings on the criteria. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.6.400 Minor modifications.
A. Minor Modification. Any modification to a land use decision or approved development plan that is not within the description of a major modification as provided in SDC 4.6.300(A).
B. Minor Modification Review Procedure. An application for approval of a minor modification shall be reviewed by the community development director using a Type I or a Type II review procedure under SDC 4.1.200 or 4.1.300. The community development director is responsible for determining the appropriate review procedure based on the following criteria; the applicant shall bear the burden of proof.
1. Minor modifications that involve only clear and objective code standards may be reviewed using a Type I procedure;
2. Minor modifications that involve one or more discretionary standards shall be reviewed through a Type II procedure.
C. When the code is unclear on whether the application should be a Type I or Type II review, a Type II procedure shall be used.
D. Minor Modification Applications. An application for minor modification shall include an application form, filing fee and narrative, and a site plan using the same plan format as in the original approval. The community development director may require other relevant information, as necessary, to evaluate the request.
E. Minor Modification Review Criteria. The community development director shall approve, deny, or approve with conditions an application for minor modification based on written findings that the modification is in compliance with all applicable requirements of the development code and conditions of approval on the original decision, and the modification is not a major modification as described in SDC 4.6.300(A). (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)