§ 324. Changes to Approved Site Plans (GDP, PSP and FSP).

324.1.   Requests for Change.

All requests for review of changes to site plans shall include a drawing indicating the property, a location drawing indicating the relationship of the portion to be revised with respect to the entire project; and such other information concerning the lot, adjoining lots, or other matters, to clearly represent the entire proposed change and any associated impacts upon the project and adjacent properties; and for determining whether the provisions of the district and this Code are being observed.

324.2.   Approval Authority

A.

Administrative Approval. The following changes to approved site plans may be approved by the Department Director:

1.

Any change in the required number of parking areas resulting in an increase of less than ten (10) percent in the number of spaces approved;

2.

Structural alterations not significantly affecting the basic size and form of the building(s) as shown on the approved plan. Changes in form will only be considered substantial if they occur within fifty (50) feet of the boundaries of the site (or district in the case of a PD GDP) or within fifty (50) feet of any part of any of the structures which have been constructed or sold to any owner or owners different from the applicant requesting the change;

3.

Any reduction in the amount of open space of less than five (5) percent or any non-substantial change in the location or characteristics of open space;

4.

Non-substantial changes in location or type of pedestrian or vehicular accesses or circulation, which will still adhere to the Manatee County Development Standards;

5.

Any increase in density or intensity for a portion of the project beyond five hundred (500) feet of the site boundaries or beyond two hundred (200) feet from any part of the site which has been constructed or sold to an owner or owners different from the applicant requesting the change. For Planned Development GDPs, it shall be one hundred (100) feet from the district boundaries and beyond fifty (50) feet from any part of the site which has been constructed or sold to an owner or owners different from the applicant requesting the change. (This does not authorize an increase in overall density or intensity);

6.

An increase in structure height less than eight (8) feet, or within fifteen (15) percent of the approved height, whichever is less, provided there is no increase in number of stories;

7.

Any increase in the number of pedestrian access points;

8.

Any changes in the phasing schedule which do not impact timing, amount, or completion of improvements; or the satisfaction of specific conditions;

9.

Any change in required yard setbacks of less than ten (10) percent, except any yard change which would encroach upon or affect any utility or drainage easement. In PDs, such changes may only be approved either on the perimeter of the project or in a nonresidential project;

10.

Any increase in gross floor area of less than or equal to five (5) percent of the gross floor area for the project, since the adoption of this Code; and

11.

The addition of any of the following uses, if no specific approval is required: family care homes, permitted home occupations, bed and breakfast facilities, utility uses, and waterfront structure (residential); provided that any applicable use criteria in Chapter 5, Part IV shall be met.

12.

A change from multi-family to single family, if it does not increase external impacts such as, but not limited to transportation, schools, parks or utilities; and is consistent in lot size, coverage and yards with other single family portions of the development. If the zoning district does not specify dimensional requirements for single family units, or no single family units were included in the original PD GDP approval, the minimum requirements of the RMF-9 district shall be met.

B.

Board Approval. All other changes shall require approval by the Board at a noticed public hearing, except for those noted below as requiring a new application.

C.

Changes Requiring a New Application. The following types of changes shall be considered substantial modifications requiring the submittal of a new application for GDP, PSP or FSP approval:

1.

An increase in intensity of use of more than five (5) percent of the usable floor area, or an increase of more than three (3) percent of the number of dwelling units, or an increase of more than five (5) percent of the amount of outside land area devoted to sales, displays or demonstrations. In no case shall the intensity or density be increased over the maximum permitted by the zoning district or the Comprehensive Plan.

2.

Any change in use from the approved use, except as noted in subsection, A, above.

3.

Any increase in traffic generation by more than ten (10) percent.

4.

Any increase in the area allocated to any land use type by more than ten (10) percent.

5.

Any change in structure height greater than fifteen (15) feet.

6.

Any combination of changes which cumulatively are deemed by the Department Director to be of such significance that a new application is required.

7.

Any new airport runaway or expansion to an existing airport runway.

8.

Any change of a similar nature to the foregoing.

324.3.   Review Criteria.

Plan changes may only be approved if the Department Director (for changes listed under section 324.2.A) or the Board (for changes listed under section 324.2.B) determine that such changes are consistent with the requirements of this Code and the Comprehensive Plan, but only upon making a finding that such changes are:

A.

In accord with all applicable regulations in effect at the time of the original plan approval;

B.

In accord with all applicable regulations currently in effect; and

C.

In accord with all the conditions and requirements specified in the amendment creating the Planned Development, in cases where the site is zone PD.

324.4.   Effect on Expiration.

Changes approved pursuant to this Section shall not operate to extend the expiration date of a site plan.