§ 13.03.030. Planning Department adjustments.

(a)

Minor changes to approved and/or recorded plans. Minor changes to approved and/or recorded plans inclusive of, but not limited to, site plans and planned development elements, shall be considered as minor those modifications or adjustments requested in writing by the applicant and which:

(1)

Do not impact more than fifteen percent (15%) of any element or portion within a proposed planned development including land use area boundaries, roadways, alignments, open space tracts, park sites and similar elements (this does not apply to the number of units).

(2)

Do not require the movement or shifting of any structure, building, roadway or other improvement to the site, by more than fifteen (15) feet.

(3)

Is a minor change needed in the location, siting, or character of buildings, structures, alignment of streets, or setbacks.

(4)

Are required due to unanticipated reasons which were not known at the time of final approval by the Planning Commission or Council.

(5)

The minor change does not violate the strict application of this Title.

(b)

The minor change, upon adequate evidence and information provided by the applicant, and in such a manner prescribed by the Town, shall be reviewed by the Planning Director within ten (10) days of submittal of complete information. The Director may request recommendation from other agencies prior to acting on the request. The Director may then approve or deny the request.

(c)

Should the request be denied, the applicant has the option to either:

(1)

Withdraw the request fully;

(2)

Modify the request and resubmit for review; or

(3)

Appeal the administrative decision by written request to the Town Council.

(d)

Major plan modification or adjustment.

(1)

The Planning Director may not authorize a change other than those specified above. The request, if not meeting the above criteria, must be brought to the attention of the Planning Commission and Town Council, if applicable, for their action on the request. Major changes shall include, but not be limited to:

a.

A significant change in the use or character of the development or elements contained therein,

b.

An increase in overall coverage of structures,

c.

An increase in the intensity of the uses,

d.

A modification in overall traffic circulation,

e.

A modification in the method of providing adequate water and sewer service,

f.

A reduction in the approved percentage of required open space or landscaping, and

g.

A change to approved building elevations or other design elements of a structure.

(2)

Procedure. The procedures for development plan amendments, plat amendments and site plan amendments shall be processed in accordance with the respective sections of this Title.

(PLDO Art. III §3)