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SECTION V: GENERAL <br /> A. Modification <br /> B. Amendments to Binding Site Plans <br /> C. Appeals <br /> D. Violation <br /> E. Vesting <br /> F. Severability <br /> G. Superseding <br /> H. Liability <br /> A. Modification <br /> 1. Any applicant can request and make application to the City requesting a <br /> modification from the requirements of Section IV C 1 through 11. Except for <br /> Section IV C 10 c, density variance is not permitted for the total site. <br /> 2. For a modification of 25% or less for Section IV C 1 through 11, not including <br /> Section IV C 10 c, it shall be considered by the Planning and Community <br /> Development Director as an administrative decision. <br /> 3. For a modification of more than 25% for Section IV C 1 through 11, not <br /> including Section IV C 10 c, it shall be considered by the Hearing Examiner at <br /> public hearing. <br /> 4. The modification shall not be granted by the Planning and Community <br /> Development Director or Hearing Examiner until the following facts have been <br /> established: <br /> a. There are exceptional circumstances or conditions such as: locations of <br /> existing structures, lot configuration, or topographic or unique physical <br /> features that apply to the subject property which prohibit the applicant <br /> from meeting the standards of this Ordinance; and <br /> b. The authorization of the modification or variation will not be detrimental to <br /> the public welfare or injurious to property in the vicinity or zone in which <br /> the property is located; and <br /> c. A hardship would be incurred by the applicant if he/she complied with the <br /> strict application of the regulations. <br /> The filing of an application with the City requesting a modification or variation <br /> shall stay the running of the time period for Binding Site Plans and development <br /> plans. <br /> B. Amendments to Binding Site Plans <br /> 1. Review Process: <br /> Amendment to a recorded Binding Site Plan must follow the same procedure as <br /> required for a new application as set forth in this Ordinance. <br /> 2. Additional Criteria: <br /> 22 <br />