Chapter 16.135
MODIFICATIONS, AMENDMENTS AND LEGAL PROVISIONS*
Sections:
16.135.010 Modifications.
16.135.020 Procedure for alteration or vacation of approved subdivisions.
16.135.030 Modification to adopted standards.
* Prior ordinance history: Ord. 95-769.
16.135.010 Modifications.
Modifications to an approved preliminary plan prior to final plat approval and recording may be approved consistent with this section. For the purposes of this section “modification” shall mean any change to an approved preliminary plat decision.
A. Modifications that result in an increase in density or a change in design that impacts abutting properties shall be considered a Type III action and require notice and review by the hearing examiner. All other modification requests will be processed administratively as either a Type I or Type II land use action as determined by the planning director pursuant to Chapter 17.200 BGMC.
B. A modification granted by the hearing examiner or the planning director for individual cases applicable to specific properties shall be subject to the following:
1. Any decision granting or denying a modification request shall be in writing and supported by findings of fact and conclusions which address the criteria for modification as follows:
a. There will be no significant adverse impact to neighboring property nor the general public as a result of the modification.
b. The modification is not contrary to the purpose section of this title or to any policy or provision of the Battle Ground comprehensive plan, the applicable zoning code or applicable sewer, water, storm drainage or transportation plans.
c. The modification is consistent with the adopted standards.
C. Conditions may be required to protect the public interest to achieve compliance with the comprehensive plan and to mitigate any adverse impacts resulting from approval of the modification. (Ord. 04-023 § 12, 2004: Ord. 99-008 § 1(I) (part), 1999)
16.135.020 Procedure for alteration or vacation of approved subdivisions.
Alterations or vacations of approved, recorded subdivisions shall be processed pursuant to Chapter 17.200 BGMC as well as the provisions of RCW 58.17.215. (Ord. 99-008 § 1(I) (part), 1999)
16.135.030 Modification to adopted standards.
To provide opportunities for unique development designs and the ability to accommodate site constraints, the hearing examiner through a Type III process may consider modifications to the adopted standards of this title if the applicant demonstrates that all of the following criteria are met:
A. There are topographical or physical conditions such as steep slopes, wetlands, water area structures, streets, utilities, lot patterns, street patterns or other conditions that justify departure from strict adherence to the standard to be modified; and
B. That the modification is consistent with sound engineering principles and it will be safe, practical and efficient; and
C. That the proposed modification is consistent with the intent and purpose of the standard being modified; and
D. That the proposed modification is consistent with the goals and policies of the comprehensive plan. (Ord. 04-023 § 13, 2004)