ZDO 1309: Modification

1309.01 Approval Criteria

A modification to an approved Type II or III land use permit, or conditions thereto, requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:

1. A modification shall be consistent with the prior approval;
2. A modification shall be consistent with all Ordinance provisions in effect on the date the modification request is submitted; and
3. A modification shall not result in any of the following:
   1. A change in the type of use (e.g. commercial, industrial, institutional); 
   2. An increase of greater than 25 percent of the original approved building floor area; 
   3. An increase of greater than 25 percent of the original approved lot coverage; 
   4. An increase in the density of development (residential or recreational uses), or intensity of use, as demonstrated by a change in occupancy rating requiring substantial modifications to structures; 
   5. An increase in traffic congestion or use of public facilities; 
   6. A reduction in approved open space; 
   7. A reduction of off-street parking spaces or loading berths, except as provided under Section 1015; or 
   8. A reduction in required pavement widths or a change in major access locations, except as required by the County.

1309.02 Approval Period

Approval of a modification shall be subject to the same approval period as the application type modified by the approval. The approval period shall commence on the date of the final decision on the modification. If the County’s final decision is appealed, the approval period shall commence on the date of the final appellate decision. During the approval period, the approval shall be implemented, or the approval will become void. “Implemented” shall have the same meaning as it does for the application type for which the modification is approved.

[Added by Ord. ZDO-248, 10/13/2014; Amended by Ord. ZDO-280, 10/23/2021; Amended by Ord. ZDO-293, 09/08/2026]