27.08.080 PLANNING APPLICATION MODIFICATIONS.
An applicant may request modifications to a previously approved planning application prior to or during construction. Examples of such modifications include alteration to an approved building or structure, change in configuration of site improvements, or modification or deletion of conditions of approval. For previously approved Special Use Permits, an applicant may also request a change of use after a project has been completed. A modification shall not automatically extend the approval expiration date beyond that of the original planning application.
Modifications are classified in three ways based on the significance of the proposed change and amount of additional review required: (a) substantial conformance, (b) minor, or (c) major. The Zoning Administrator shall determine the type of modification required based on the criteria specified below. This decision shall be final.
(a) Substantial Conformance. Modifications that are in substantial conformance with the original planning application can be approved as part of the building permit review process.
(1) Substantial conformance is generally defined as a modification or change that:
(A) Results in a project with reduced or inconsequential changes in size, scale, design, or intensity; or
(B) Is necessary to accommodate parking requirements, utility configurations or other mechanical or operational components of a project identified during building permit review or construction; or
(C) Cumulatively would not result in substantive changes to the overall project.
(2) Public notification shall not be required for substantial conformance modifications.
(b) Minor Modification. Modifications that result in minor changes to an approved planning application require review and approval by the Zoning Administrator.
(1) Minor modification is generally defined as a modification where all of the following circumstances apply:
(A) The modification would not result in a Major Modification, as defined below, to the approved site plan or project design; and
(B) The modification would not significantly change the nature of the approved use(s); and
(C) The modification would not significantly intensify the approved use(s); and
(D) The modification would not result in any new or substantially greater environmental effects than the originally approved project.
(2) Public notification to adjacent property owners and occupants is required for a minor modification. The Zoning Administrator shall determine whether additional property owners and occupants shall be notified depending on the nature of the modification, consistent with the notification procedures in Chapter 27.08.
(c) Major Modification. Modifications that result in a significant change require review and approval by the decision making body under Chapter 27.06.
(1) A modification to a project is considered major if any of the following circumstances apply:
(A) The modifications involve substantive changes to the approved site plan or project design. A substantive change, for the purpose of this section, includes but is not limited to:
(i) A change that is visually conspicuous from the public right-of-way or adjacent properties; or
(ii) A change that results in non-conformance with City standards or policies in order to comply with updated Federal or State laws including. but not limited to, the Americans with Disability Act, Building Code requirements, or Fire Code requirements; or
(iii) A change that alters the intent of a project-specific condition of approval.
(B) The modifications significantly change the nature of the approved use; or
(C) The modifications significantly intensify the approved use; or
(D) The modifications may result in new or substantially greater environmental impacts than the originally approved project; or
(E) The modifications involve major policy decisions or unique land use characteristics, as determined by the Zoning Administrator.
(2) Public notification is required when approval by the Zoning Administrator is required, pursuant to Chapter 27.08. If the original decision maker was the Planning Commission or City Council, whether in the first instance or on appeal, then public noticing and public hearing for approval by the Planning Commission are required. All recipients and interested parties of the previously approved planning application shall be notified.