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A minor modification to an approved CUP is a Type I action and shall be processed in accordance with the procedures for such actions as set forth in BMC Title 11, Administration of Development Regulations, and in accordance with the provisions of this section. Minor modifications to an approved CUP shall be defined as those which do not increase the intensity of the use and the resulting impacts to the surrounding area.

A. The community development director is authorized to allow minor modifications in accordance with subsection B of this section. The community development director shall allow only such minor modifications as are consistent with guidelines established in subsection B of this section.

B. For the purposes of this section, “minor modification” means a departure from the conditions of an approved CUP which is consistent with the following criteria:

1. It does not in any way change the use permitted by the approved CUP;

2. It maintains the design intent and quality of the original approval;

3. The number of dwelling units in residential developments and the square footage of nonresidential structures shall not involve more than a 10 percent increase of that established by the approved CUP;

4. The minor modification shall not relocate a building, parking area, street or other use or built feature in such a way that visual, light, noise, vibration or other impacts as experienced from surrounding properties and public rights-of-way are intensified, and shall not reduce any required yard, setback, buffer or open space below the area or dimensions established by code or conditions of CUP approval, whichever is more restrictive;

5. The height of buildings and other structures shall not increase;

6. Traffic volumes shall not increase more than 10 percent of that established by the approved CUP;

7. Modifications to internal circulation layout are acceptable; provided, that ingress and egress points to the subject property are not modified in such a way that external traffic patterns are affected or impacts increased;

8. Minor changes to plant species, variety, color, etc., may be made; provided, that the type of landscaping required pursuant to BMC 12.18.040 shall not be modified;

9. The adjustment does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original SEPA documents;

10. The community development director determines that the change will not increase any adverse impacts or undesirable effects of the project, or that the change in no way significantly alters the project. (Ord. 2252 § 8, 2018; Ord. 2046 § 2 (Exh. B), 2010).