Myrtle Point City Zoning Code

   The purpose of this subchapter 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. 1267, passed 1-3-2012)

   This subchapter applies when an applicant proposes to modify an approved application or condition of approval.

(Ord. 1267, passed 1-3-2012)

   (A)   Major modification. The Planning Commission reviews applications for major modifications through the quasi-judicial procedure under § 153.208. Any one of the following changes constitutes a major modification:

      (1)   A change in land use, from a less intensive use to a more intensive use, as evidenced by parking, paved area, estimated an increase in automobile or truck trips (peak and/or average daily trips), an increase in hours of operation, an increased demand for parking, additional paved area or similar factors, where the increase is 10% or more; provided, that the zoning district standards and development design standards of this chapter are met;

      (2)   An increase in floor area to a commercial or industrial development, or an increase in the number of dwelling units in a multi-family development, by 10% or more; provided, that the zoning district standards and development design standards of this chapter are met;

      (3)   A reduction in required setbacks, or an increase in lot coverage, by 10% or more; provided, that the zoning district standards and development design standards of this chapter are met;

      (4)   A change in the type and/or location of vehicle access points or approaches, driveways or parking areas affecting off-site traffic when roadway authority determines the change could cause a significant adverse impact on traffic operations or safety (i.e., requiring mitigation);

      (5)   A reduction to screening, or a reduction to the area reserved for common open space or landscaping by 10% or more;

      (6)   Change to a condition of approval, or a change similar to divisions (A)(1) through (A)(5) above, that could have a detrimental impact on adjoining properties. The City Planning Official shall have discretion in determining detrimental impacts triggering a major modification; or

      (7)   Other changes similar to those in divisions (A)(1) through (A)(6) above, in scale, magnitude or impact to adjacent properties, as determined by the City Planning Official.

   (B)   Major modification applications; approval criteria. Requests for major modifications shall conform to all of the following procedures and criteria.

      (1)   The applicant shall submit an application form, filing fee, a letter describing the modification and a site plan using the same plan format as in the original approval. The city may require other relevant information, as necessary, in evaluating the request.

      (2)   The application shall be subject to the same approval criteria used for the initial project approval; except that a modification adding a conditional use to a project approved without a conditional use shall require findings in conformance with §§ 153.265 through 153.268.

      (3)   The scope of review shall be limited to the modification request. For example, a request to modify a commercial development’s parking lot shall require site plan review only for the proposed parking lot, and for any changes to associated access, circulation and the like, notice shall be provided in accordance with §§ 153.205 through 153.210.

      (4)   The Planning Commission shall approve, deny or approve with conditions an application for major modification based on written findings on the applicable code criteria (e.g., subdivision, site plan review, conditional use and the like).

(Ord. 1267, passed 1-3-2012)

   (A)   Minor modification. The City Planning Official, through a Type I or II procedure, depending on whether the proposal involves the exercise of discretion, shall review proposals for minor modifications. Minor modifications include technical corrections to comply with codes and regulations and changes that fall below the thresholds in § 153.282, as determined by the City Planning Official. Administrative land use review shall be pursuant to § 153.207. A minor modification is a change to an approved plan or condition of approval that does not meet any of the thresholds for a major modification listed in § 153.282(A).

   (B)   Minor modification applications; approval criteria. An application for minor modification shall include an application form, filing fee, a letter describing the modification and a site plan using the same plan format as in the original approval. The City Planning Official may require other relevant information, as necessary, in evaluating the request.

   (C)   Minor modification approval criteria. The Planning Commission shall approve, deny or approve with conditions an application for minor modification based on findings of compliance or noncompliance with the applicable requirements of this development code and the conditions of approval on the original decision.

(Ord. 1267, passed 1-3-2012)