18.110.090 Modification to an approved permit.
(1) A subsequent building permit application may contain minor modifications to an approved commercial site development plan provided a modification does not:
(a) Increase the building floor area by more than 10 percent;
(b) Increase the number of dwelling units;
(c) Increase the total impervious surface area; provided, that relocatable facilities for schools shall be exempt from this restriction;
(d) Result in an insufficient amount of parking and/or loading;
(e) Locate buildings outside an approved building envelope; provided, that relocatable facilities for schools shall be exempt from this restriction;
(f) Change the number of ingress and egress points to the site;
(g) Significantly increase the traffic impacts of peak hour trips to and from the site;
(h) Significantly increase the quantity of imported or exported materials or increase the area of site disturbance.
(2) The Director has sole discretion to approve, deny or modify any request. Modifications which exceed the conditions of approval as stated in this section and require a new review as determined by the Director shall only be accomplished by applying for a new commercial site development permit for the entire site. The new application shall be reviewed according to the laws and rules in effect at the time of application.
(3) Commercial site development permits associated with an approved and valid development agreement shall be subject to the development agreement procedures in Chapter 18.114 CMC. (Ord. 06-13 § 2 (Exh. A); Ord. 42-02 § 2 (21A.41.110))