§ 1.4. MINOR MODIFICATIONS.

1.4.1.   Purpose and Scope.

"Minor modifications" are small deviations from otherwise applicable standards of this Subchapter that may be approved by the Director in order to protect natural or historic features or to address unusual site conditions. Minor modifications are to be used when the limited nature of the modification requested, and the unlikelihood of any adverse effects on nearby properties or the neighborhood, make it unnecessary to complete a formal variance process.

1.4.2.   Applicability.

The Director may approve minor modifications of any numeric development standard in this Subchapter up to a maximum of ten percent (or up to a maximum of 20 percent to protect an existing natural site feature), provided that the applicable criteria in Section 1.4.4 ( Approval Criteria ) are met.

For a Heritage Tree, the Director may approve modification of any numeric development standard in this Subchapter to the minimum extent required to preserve the Heritage Tree.

A modified development standard is calculated by applying the percentage of modification allowed by the Director to the numeric requirement that would otherwise apply if the development standard was not modified. For example, if a building facade is required to have 40% glazing, which would equal 400 square feet glazing on a 1000-square foot facade, then a 10% minor modification would decrease the amount of required glazing by 40 square feet for a total of 360 square feet of required glazing. The minor modification process may be used only to authorize a less restrictive standard and may not be used to impose a standard on the subject property than is higher than otherwise provided in this Subchapter. In no circumstance shall the Director approve a minor modification that results in:

A.

An increase in overall project intensity, density, or impervious cover;

B.

A change in permitted uses or mix of uses;

C.

A change in the requirements of any of the following provisions:

1.

Subchapter C, Article 3 ( Additional Requirements for Certain Districts );

2.

Subchapter C, Article 4 ( Additional Requirements for Certain Uses );

3.

Subchapter C, Article 10 ( Compatibility Standards ); or

D.

A change in conditions attached to a subdivision plan, site plan, special use permit, or restrictive covenant approved by the City.

1.4.3.   Procedure.

The Director may initiate or approve a minor modification allowed under this section at any time prior to submittal of the staff report on the application to another decision-making body or prior to final decision if the Director is the final decision-maker. The Director shall specify any approved minor modifications and the justifications for such modifications on the pending development application for which the modifications were sought.

1.4.4.   Approval Criteria.

The Director may approve a minor modification from the terms of this Subchapter only upon finding that the modification meets all of the criteria below:

A.

The requested modification is in general conformity with the stated purposes of this Subchapter;

B.

The requested modification meets all other applicable zoning, building, drainage, water quality, and safety code requirements;

C.

The requested modification will have no significant adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impacts will be substantially mitigated; and

D.

The requested modification is necessary to compensate for some practical difficulty or some unusual aspect of the site of the proposed development not shared by landowners in general.

Source: Ord. 20060831-068; Ord. 20100408-049; Ord. 20130606-088.