17.17.130 Amended site plans.
1. Amended site plans shall be submitted when changes to the site and/or building are proposed. Changes that require amended site plans to be approved by the Land Use Authority and brought into substantial compliance with current city codes are triggered by the following:
a. A change in intensity of land use of the property, defined as a change between agricultural, residential, commercial/ industrial, or public assembly uses (i.e., school or church changes to a retail business);
b. New buildings or structures are being added to the property with the following exceptions:
i. At the discretion of the Planning Director, accessory buildings on thousand (1,000) square feet or less may be administratively approved without requiring Land Use Authority review when, upon the Planning Director’s findings, the amended site plan meets the standards listed in paragraph 4 of this section; or
c. Exterior changes are proposed to the dimensions of any existing building or structure as follows:
i. 0 – 9% increase in building square footage. The new addition shall meet current architectural design standards for the zone, but except for parking standards necessary to accommodate the increased square footage, no additional site or building improvements are required. At the discretion of the Planning Director this level of change may be approved by Staff without requiring Land Use Authority review – when the alteration meets the standards listed in Section 17.17.130(4).
ii. 10 – 19% increase in building square footage. The new addition, including the entire existing building being added to shall meet current architectural design standards for the zone in which it is located. The Land Use Authority may work with the applicant to prioritize architectural features that are determined to have the greatest impact on appearance of the structure in meeting zone standards. Parking standards shall also be complied with.
iii. 20 – 30% increase in building square footage. The new addition and existing building shall meet current architectural and parking standards, as referenced in 17.17.130(c)(ii). In addition, any landscaping requirements shall be met.
iv. Over 30% increase in building square footage. The site shall be brought into substantial compliance with all current city codes and ordinances – specifically as listed in Section 17.17.130(3).
v. Any action which, when combined with one or more previous expansions that have occurred over a period of time, causes the aggregate area of expansion to fall within one of the percentage categories listed above.
d. Cosmetic changes to the exterior of a building or structure (paint, windows, roof covering, etc.) are permitted without any approvals from the Land Use Authority. Any cosmetic changes shall meet current codes and/or shall bring the facilities closer to conformance with current codes and ordinances, including the Lindon City Commercial Design Guidelines.
2. Approval. The procedure for approval of an amended site plan shall be the same as the procedure of approval of an original site plan unless a waiver is granted according to 17.17.130(4).
3. Required Improvements. When a site plan is required to be brought into substantial compliance with all current city codes and ordinances the following issues shall receive specific review.
a. Landscaping;
b. Storage and exterior displays;
c. Off-Street parking;
d. Vehicular access and circulation;
e. Off-street loading and unloading;
f. On-site surface water drainage. (Other methods of surface water drainage may be approved for amended site plans if approved by the City Engineer);
g. Off-site curb, gutter and sidewalk;
h. Piping of irrigation ditches;
i. Solid waste containers (trash enclosures);
j. Street lights;
k. Fencing and/or screening;
l. Architectural standards applicable to the zone in which the site is located; and
m. Any other areas required under the submittal requirements as referenced in 17.17.115.
4. Waiver. The Planning Director shall have the authority to waive the requirements of Section 17-17-130(1)(c)(i), and shall have the authority to approve amended site plans, new accessory buildings one thousand (1,000) square feet or less, and/or building permits without further review by the Land Use Authority if he or she makes the following findings:
a. The proposed amended site plan complies with all current City ordinances; and
b. The original site plan has not been materially altered, and has not changed in a way that detracts from the overall safety or aesthetics of the site; and
c. The proposed amendments to the site plan will not have a material detrimental effect on other properties in the area.
5. Application fees for Staff approved amended site plans shall follow the Lindon City Fee Schedule established at the time of the application. Any decision of the Planning Director to waive the requirements of Section 17.17.130(2) will require notice of intent to approve the proposal to all surrounding property owners within three hundred feet (300') of the subject property. The decision may be appealed to the Appeal Authority within ten (10) days of the date of the mailed notice. If no appeal is received within the 10 day appeal period, the application and/or permit may be approved.
6. Modification of Requirements on amended site plans. The Land Use Authority may modify or adjust the requirements of Subsection 17.17.130 if any of the following conditions are met:
a. Strict compliance with the requirements of Subsection 17.17.130 would cause an unusual and unnecessary hardship to the applicant and/or would create detrimental impacts upon the property (i.e., requiring landscaping would eliminate parking).
b. The amended site plan provides for additions, deletions or improvements to the subject property that are beneficial to the public, that improve the appearance of the site, bring the site closer to conformance with City code, or that increase the safety or convenience of the site to the public.
c. The maximum allowable modification or adjustment shall be the exception rather than the rule, and shall include all other variances previously granted on the site.
7. Additional Standards. In granting any of the changes set forth in Subsection 17.17.130(5), the Land Use Authority may impose additional standards or requirements that will substantially serve the objectives of the standards or requirements that are waived, adjusted or modified. Any authorized changes or additional requirements shall be entered in the minutes of the Land Use Authority with the circumstances justifying the changes or requirements. (Ord. 2014-2, amended, 2014; Ord. 98-3, amended, 2000)