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Proposed modifications to a pending application which has been deemed to be complete by the Department shall be treated as follows:

A. Any modification to an application may require revised public notice and/or additional review fees.

B. Modifications which meet or exceed any of the following criteria, as determined by the Department, shall require a new application:

1. General Modification Criteria:

a. The perimeter boundary of the project site is expanded by more than 5 percent;

b. Structure gross square footage is expanded by more than 25 percent;

c. Hard surface is increased by more than 25 percent;

d. Residential density is increased by more than 20 percent or exceeds the maximum allowable density for the zone classification in which the project is located;

e. Designated open space is reduced by more than 10 percent;

f. Points of access are substantially relocated, except where such relocation is supported by a revised traffic analysis;

g. The original application's primary use category is changed to a new primary use category of greater intensity, as determined by the new use's impacts, including but not limited to traffic, impervious surface, noise, glare, dust, and hours of operation; or

h. There is a substantial change in the project's impacts and/or use.

C. Modifications that do not meet or exceed the criteria for a new application as set forth in subsection B of this Section shall not require a new application and shall be required to comply with the development regulations in effect on the date of the original complete application.

D. If the modification of an application meets or exceeds any one or more of the General Modification Criteria, a new application shall be required. The new application shall be subject to the development regulations and fees which are in effect at the time the new application is submitted.

(Ord. 2017-28s § 6 (part), 2017; Ord. 2013-45s4 § 2 (part), 2015; Ord. 2012-2s § 4 (part), 2012)