§ 72-291. Final site plan.

(a)

Procedure. Where final site plan is required by this article, it shall be submitted to the department. An approved final site plan shall expire as provided in division 1, subsection 72-504(9), of the Land Development Code [article III].

(b)

Modification of development standards for site plan approval. This subsection is established to provide standards and procedures for the granting of administrative modifications of development standards. The modification of standards is specifically intended to promote high standards for final site plan reviews under division 3 of the county Land Development Code [article III], provide flexibility in the administration of standards in recognition of site specific conditions, and to establish conditions to ensure compatibility where standards are modified.

(1)

The zoning enforcement official may approve a maximum reduction of up to 20 percent of the required minimum yard setbacks for principal and accessory buildings and/or the number of required parking spaces upon making a finding that the adjustment:

a.

Will protect and encourage the preservation of large canopy, specimen or historic trees;

b.

Is to permit nonresidential uses within a conservation subdivision; or

c.

Is to permit a principal nonresidential structure that is less than 3,000 square feet gross floor area.

(2)

Such modifications shall be deemed to have no effect on adjacent properties.

(3)

Applications for modification of standards may be reviewed prior to application for final site plan review or may be made in conjunction with final site plan review. Application shall be made to the department in conformance with the submittal requirements of this section.

(4)

Upon acceptance of the application, the zoning enforcement official shall review it and render a decision approving, approving with conditions, or denying the request. A modification of standards report shall be issued and be attached the final site plan.

(5)

An appeal of a decision of the zoning enforcement official shall be to the county council, and shall be filed under section 72-378 of this article.

(Ord. No. 86-16, §§ XXVII, 10-23-86; Ord. No. 88-2, §§ XV, XVI, 1-19-88; Ord. No. 94-4, § LXXXII, 5-5-94; Ord. No. 98-25, § XL, 12-17-98; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2013-08, § III, 5-2-13; Ord. No. 2015-02 , § III, 3-5-15; Ord. No. 2018-05, § VI, 1-18-18)