312-11 Minor Deviations, Modifications and Extensions
11.1 MINOR DEVIATION FROM THE PLOT PLAN
11.1.1 Definition of Minor Deviation. A minor deviation from a plot plan includes one or more of the following:
11.1.1.1An increase or decrease of less than 10 percent of the gross area of any yard, open space, working area or parking area; (Former Section CZ#A315-20(A)(1))
11.1.1.2An increase or decrease of less than 10 percent of the size of any building or structure, or the total land area covered by any building or structure; (Former Section CZ#A315-20(A)(2))
11.1.1.3An increase or decrease of less than 10 percent of the height of any building or structure or of any part thereof, or of the depth or area of an excavation, slope or working area; or (Former Section CZ#A315-20(A)(3); Amended by Ord. 1875, Sec. 6, 9/26/89)
11.1.1.4In the case of development permits, an increase in the number of buildings or structures shown on the plot plan so as not to increase by more than 10 percent the total land area covered by all buildings and structures. (Former Section CZ#A315-20(A)(4))
11.1.2 Intent. This section provides for situations where it is necessary to deviate from a plan in a minor way which is consistent with the purpose and intent of the related variance or development permit. The intent of this section is to provide for flexibility in the operation of variances and development permits by permitting these minor deviations to be administratively granted by the Director. It is not the intent of this section to permit deviations from plot plans which violate the intent and purpose of the related variance or development permit or any of it’s conditions, or to allow any action for which a variance or development permit would be required by the Zoning Regulations. The Director may authorize a minor deviation from the plot plan. (Former Section CZ#A315-20(B))
11.1.3 Application Form, Filing and Fee. Application for a minor deviation from a plot plan shall be made on the form prescribed by the Director, and shall be filed with the Department. The fee prescribed by resolution of the Board of Supervisors shall be paid when application is made. (Former Section CZ#A315-20(C))
11.1.4 Required Findings. A minor deviation from a plot plan may be granted by the Director only after finding that: (Former Section CZ#A315-20(D); Amended by Ord. 2214, 6/6/00)
11.1.4.1The deviation does not constitute a substantial change in the variance or development; and (Former Section CZ#A315-20(D)(1))
11.1.4.2The deviation will not adversely affect adjacent property or property owners; and (Former Section CZ#A315-20(D)(2))
11.1.4.3The deviation does not affect the conformity of the plot plan with permit conditions; and (Former Section CZ#A315-20(D)(3))
11.1.4.4The deviation will not alter the findings made when the original permit or variance was approved. (Former Section CZ#A315-20(D)(4))
11.1.5 Decision is Final. The Director’s decision shall be final and not appealable; provided, however, that the denial by the Director of a request for a minor deviation shall not prevent the applicant from applying for a new or modified variance or development permit. (Former Section CZ#A315-20(E); Amended by Ord. 2214, 6/6/00)
11.2 APPLICATION FOR MODIFICATION OF A DEVELOPMENT PERMIT OR VARIANCE
Any person holding a development permit or variance may apply for a modification by complying with Section 312-5, Filing Applications for Permits and Variances, and the following. For the purposes of this section, the modification of a development permit or variance may include modification of the terms of the permit itself or the waiver or alteration of conditions imposed by the permit or this Code. Section 312-17, Required Findings, as applicable, shall apply to the disposition of an application for modification of a development permit or variance. (Former Section CZ#A315-21; Amended by Ord. 2214, 6/6/00)
11.3 EXTENSION OF A PERMIT OR VARIANCE
11.3.1The period within which construction or use in reliance on a development permit or variance must begin may be extended by order of the Hearing Officer, at any time within sixty (60) working days prior to the expiration date, as originally established. An application for such an extension shall be made on the prescribed form and filed with the Department. Such application extends the expiration date until final action is taken by the Hearing Officer. The fee established by the Board of Supervisors for an extension shall be paid at the time of application. (Former Section CZ#A315-24(A); Amended by Ord. 2214, 6/6/00)
11.3.2Any number of extensions may be granted, but each extension shall be for no more than a total of two years. Extensions may be granted by the Hearing Officer if the following findings are made: (Former Section INL#317-37, 317-40.8; CZ#A315-24(B)(1-2); Ord. 946, Sec. 4, 10/2/73; Ord. 1726, Sec. 4, 3/4/86)
11.3.2.1The development has not changed from that for which the permit or variance was granted; and
11.3.2.2The findings made when the permit or variance was granted can still be made.