Jefferson City Zoning Code
CHAPTER 12
98 MODIFICATION OF DECISIONS
§ 12.98.010 Purpose.
The modification process is intended to allow flexibility for applicants to make changes to plans previously approved via Type I-A, Type I-B, Type I-C, Type II-A or Type II-B procedures.
(Ord. 737, 1/22/2026)
§ 12.98.020 Applicability of provisions.
A modification application shall be required whenever an applicant seeks to make changes to plans which were previously approved via Type I-A, Type I-B, Type I-C, Type II-A or Type II-B procedures only if those changes would be not in substantial conformance with the previously approved decision. Generally, this means upwards modification such as an increase in the number of approved dwelling units, or an increase to the previously approved building height. Modifications shall not be granted in conjunction with a variance to a development standard.
Plan changes resulting in more than a 20% change to lot area, lot dimensions, coverage on a lot, building setbacks from property lines, structure height, number of off-street parking and loading spaces, or floor area of a building will require a new application and cannot be processed as a modification.
(Ord. 737, 1/22/2026)
§ 12.98.025 Procedure.
Modifications to Type I-A, Type I-B, or Type I-C decisions shall be processed using Type I-B procedures. Modifications to Type II-A or Type II-B decisions shall be processed using Type II-B procedures.
(Ord. 737, 1/22/2026)
§ 12.98.030 Application and submittal requirements.
An application for modification shall be submitted on a form provided by the City accompanied by the appropriate fee. The following shall be submitted as part of a complete application for a modification:
A.
The application and submittal requirements for the type of decision being modified (example: a modification to a site plan review requires submission of the materials described in Section 12.88.040 of this title); and
B.
A narrative describing how the application meets the criteria identified in Section 12.98.040.
(Ord. 737, 1/22/2026)
§ 12.98.040 Criteria.
The review of a modification to a previous decision shall be based on the following:
A.
Conformance to the approval criteria for the type of decision modified (example: a modification to a site plan review requires conformance to the criteria identified in Section 12.88.050 of this title);
B.
The resulting modification does not result in a violation of the standards of the development code which were adopted on the date the decision being modified was originally received by the City of Jefferson;
1.
In the case of an application related to the production of housing, an applicant may make a request in writing that approval or denial of the modification application be based on the standards and criteria which are applicable at the time of the submission of the application for modification.
C.
Where the original decision reviewed proposed construction of a new structure, manufactured home park, or mobile food unit pod:
1.
The modification does not result in a change to the height of previously approved structures by more than 20%;
2.
The modification does not result in a change of the lot coverage that structures, parking areas, garages, or outside storage areas occupy by more than 20%;
3.
The modification does not result in a change from the distance a structure is setback from a property line by more than 20%;
4.
The modification does not change the number of provided off-street parking spaces by more than 20%; and
5.
The modification does not change the floor area of any previously approved buildings by more than 20%.
D.
Where the original decision reviewed proposed land division:
1.
The modification does not result in a change to lot area by more than 20%; and
2.
The modification does not result in a change to lot dimensions by more than 20%.
(Ord. 737, 1/22/2026)
§ 12.98.050 Expiration of approval.
When a request for a modification of a previous decision is received the previous approval shall not be stayed during the review of the modification application. A modification of a previous decision is not an extension and does not change the expiration of approval for the previous approval.
(Ord. 737, 1/22/2026)
§ 12.98.060 Denial or appeal of a modification.
A.
Denial. Where a request for a modification to previously approved decision is denied by the decision authority, the original decision is not reversed.
B.
Appeal. When a notice of appeal for a modification decision is submitted to the City Recorder by an affected party, the effective date of the modification decision is stayed until the final determination on the appeal is rendered. The original approval is not stayed.
C.
Remand. When a decision authority remands a modification decision, the original decision is not stayed, reversed, or remanded.
(Ord. 737, 1/22/2026)