20.30B.175 Modification or addition to an approved project or decision.
A. There are three ways in which to modify or add to an approved conditional use: process as a new decision, process as a Land Use Exemption, or process as an administrative amendment.
B. General. Except as provided in subsections C and D of this section or as provided in LUC 20.20.128.I.4.b, an amendment of a previously approved project or decision is treated as a new application.
C. Land Use Exemption for Conditional Use Permit. The Director may determine that an addition or modification to a previously approved project or decision is exempt from further review under the administrative amendment process or as a new application, provided the following criteria are met:
1. The proposal does not result in any significant adverse impact beyond the site; and
2. The proposal is within the general scope of the purpose and intent of the original approval; and
3. The proposal complies with all applicable Land Use Code requirements; and
4. The proposal does not add square footage that is more than 20 percent of existing gross square footage; and
5. If an addition or expansion has been approved within the preceding 24-month period, the combined additions will not add square footage that exceeds 20 percent of existing gross square footage.
D. Administrative Amendment.
1. Scope. A proposed amendment which the Director determines meets the criteria of this section will be decided as an administrative amendment unless the applicant has chosen to have the amendment reviewed as a new application.
2. Decision Criteria. The Director shall approve a proposed amendment to an approved project or decision if:
a. The amendment maintains the design intent or purpose of the original approval; and
b. The amendment maintains the quality of design or product established by the original approval; and
c. The amendment is not materially detrimental to uses or property in the immediate vicinity of the subject property.
3. The applicant carries the burden of proof and must demonstrate that the application merits approval or approval with modifications.
4. Conditions. The Director may include conditions as part of the approval or approval with modifications to ensure conformance with the decision criteria for an administrative amendment and for the original approval.
5. Written Decision. The Director shall issue a written decision on the administrative amendment which contains the following:
a. A description of the original project or decision and the proposed administrative amendment; and
b. An analysis of the proposed administrative amendment using the applicable decision criteria, including the facts upon which the decision and any conditions for the project are based; and
c. A statement that the administrative amendment is approved, approved with modifications or denied subject to the provisions of this section. (Ord. 6743, 6-26-23, § 13; Ord. 5790, 12-3-07, § 1; Ord. 5481, 10-20-03, § 5; Ord. 4972, 3-3-97, § 84; Ord. 4816, 11-27-95, § 183)