Dunes City City Zoning Code
MODIFICATIONS
§ 155.370 PURPOSE.
The purpose of this subchapter is to provide an efficient appropriate process that allows for modifying approved applications, land use decisions, and development plans after their effective date of approval without initiating repetition of the original application.
(Ord. 259, passed - -)
§ 155.371 APPLICABILITY.
(1) Subdivisions, partitions, and property line adjustments;
(2) Conditional use permits;
(3) Planned unit developments (tentative and final);
(4) Recreational vehicle (RV) parks; and
(5) Conditions of approval on any of the above application types.
(B) This subchapter does not apply to land use zone changes, text amendments, temporary use permits, or other permits.
(Ord. 259, passed - -)
§ 155.372 MODIFICATIONS.
(A) An applicant may seek approval of not more than one modification to an approved application for:
(1) Change use category on any portion of the site;
(2) Increase residential density;
(3) Increase proposed building height within 100 feet of single-family residential zones;
(4) Change access or parking locations affecting exterior driveway or intersection locations, or off-site traffic circulation;
(5) Changes in traffic volume which affect the need for on-site and/or off-site traffic safety or capacity improvements;
(6) Increase square footage of a proposed non-residential use by more than 10% of approved plans;
(7) Reduce usable common or open space;
(8) Change perimeter setbacks or lot coverage to the extent that minimum standards of the underlying land use zone cannot be met;
(9) Changes to approved development on slopes greater than 12% to 16%, and/or within wetlands, riparian areas, and shorelands areas, or relating to transportation systems;
(10) Increase or reduction in pedestrian or bicycle amenities, recreational facilities, screening, and/or landscaping provisions;
(11) Change building heights or locations, proposed interior streets, parking or utility easement configurations, landscaping, or other interior site improvements; or
(12) Change a condition of approval similar to divisions (A)(1) through (A)(11) above which the Planning Commission has determined to have detrimental impacts on adjoining properties.
(B) Modification request.
(1) A pre-application conference is required for all Type II and Type III applications. The Planning Official shall determine whether the modification application shall be processed as a Type II or Type III procedure.
(2) The modification request application shall be subject to the same review procedure that applies to the underlying application under this code, regardless of the process used to originally approve the underlying application. Approval shall be based on the criteria used for the initial project approval, however, the review shall be limited in scope to the modification request. Notice shall be provided in accordance with the applicable review procedure.
(C) Application submittal requirement.
(1) The applicant shall submit an application for modification on forms provided by the Planning Official.
(2) The application shall:
(a) Include the information requested on the application form, § 155.282(D), and any provisions of this subchapter that pertain specifically to the type of modification application submitted;
(b) Be filed with a written narrative statement that clearly explains how the modification affects compliance with the approval criteria and applicable standards of the original development application, and the reasons for the modification;
(c) Be accompanied by the required fee;
(e) Include appropriate and necessary plans illustrating modifications to approved plans, including, but not limited to: existing conditions plan; preliminary partition or subdivision plat if land division is included in the development proposal; concept plans; preliminary phasing plan, including infrastructure phasing if project phasing is proposed; site development plan; grading and erosion plan; landscape plan; exterior lighting plan; architectural designs; and floor plans.
(E) Approval criteria. To approve a modification application, the Planning Commission or the Planning Commission and the City Council, depending upon whether the application is processed as a Type II or Type III Procedure, shall make findings of fact, based on the evidence provided, that the following criteria are satisfied:
(1) The location, size, and functional characteristics of the modified development can be made reasonably compatible with, and would have a minimal impact on properties surrounding the subject site;
(2) (a) New elements are provided that functionally compensate for any negative effects caused by the requested modification.
(b) New elements used to compensate for a negative effect shall be of at least equal value to the elements proposed to be changed.
(3) The entire development with the proposed modification shall demonstrate compliance with the approval criteria of the original application.
(F) Conditions of approval. The Planning Commission and/or the City Council may impose conditions on the approval of a modification application to ensure compliance with the original approval criteria.
(Ord. 259, passed - -)