Land Development Code :: Back to Table of Contents

Section 1203.08    Minor Modifications

  1. Applicability
    The City Manager shall have the authority to grant minor modifications to approved
    site plans, site-specific development plans, final PD plans, and final subdivision plats,
    and from specified development standards as set forth below:
    1. Minor Modifications to Approved Site Plans. The City Manager may grant
      minor modifications and amendments to an approved site plan provided the
      City Manager finds that such modification advances the goals and purposes of
      this Code and results in more effective environmental or open space
      preservation or relieves practical difficulties in developing a site for
      reasonable economic use. In no circumstance, however, shall the City
      Manager approve a modification or amendment that results in:
      1. An increase in building height by greater than ten (10) percent; or
      2. An increase in the ratio of floor area to lot area, or impervious surface
        coverage, by greater than ten (10) percent as calculated on a total
        project basis.

    2. Minor Modifications to Other Approved Plans/Plats. The City Manager may
      grant minor modifications and amendments to an approved site specific
      development plan, final PD plan, or final subdivision plat provided the City
      Manager finds that such modification advances the goals and purposes of this
      Code and results in more effective environmental or open space preservation
      or relieves practical difficulties in developing a site for reasonable economic
      use. In no circumstance, however, shall the City Manager approve a
      modification or amendment that results in:
      1. An increase in overall project density;
      2. An increase in the amount of impervious coverage or ratio of floor
        area to lot area;
      3. A decrease in lot size; or
      4. A change in permitted uses or mix of uses.

    3. Minor Modifications from Zoning Development and Site Plan Standards. The
      City Manager may grant minor modifications up to a maximum of ten (10)
      percent from the following development and site plan standards, provided the
      City Manager finds that such modification advances the goals and purposes of
      this Code and either results in less visual impact or more effective
      environmental or open space preservation or relieves practical difficulties in
      developing a site for reasonable economic use:
      1. Minimum lot area requirements;
      2. Yard and building setback requirements;
      3. Structure height requirements;
      4. Driveway access standards;
      5. Tree/vegetation protection standards; or
      6. Stream corridor, riparian area, or wetland setback requirements.
      7. Landscape screening or planting area dimensions only in Districts 6 and 8.

    4. In determining "practical difficulties," the City Manager shall consider and
      apply the factors set forth in Section 1204.03(a) of this Code.

    5. In granting such minor modifications, the City Manager may require
      conditions that will secure substantially the objectives of the standard so
      varied or modified and that will substantially mitigate any potential adverse
      impact on the environment or on adjacent properties, including but not limited
      to additional landscaping or buffering.

  2. Procedure for Approval of Minor Modifications
    1. Within fourteen (14) days of the submittal of a complete application for
      approval of minor modifications, the City Manager shall either approve,
      approve with conditions, or deny the application. The City Manager shall
      consult, when appropriate, with other city agencies such as the City Engineer
      or City Community Development Staff prior to making his decision. All
      denials shall be in writing to the applicant, with the reasons for such denial
      specified.
    2. Minor modifications to an approved site plan or approved site specific
      development plan, final PD plan, or final subdivision plat shall be noted on a
      revised plan, which shall be plainly marked as AAmended,@ and submitted to
      the City Manager. The City Manager shall note the terms of the approved
      modification or amendment directly on the amended plan and affix his
      signature and the date of approval, and subsequently notify the Planning
      Commission of action taken. For amended final subdivision plats, the
      applicant shall thereafter record the amended plat with the County Recorder.
    3. The City Manager shall specify any approved minor modifications from
      development standards and the justifications for such modification on the
      pending development application for which the modifications were sought,
      set forth his written findings, and affix his signature and the date thereon.

  3. Application
    Applications for minor modifications shall be submitted to the City Manager upon
    such forms as approved by the City Manager.

  4. Submittal Requirements
    See Appendix A for submittal requirements for an application for minor
    modifications.