Chapter 13-46 — Minor Modifications

The purposes of the minor modifications Chapter are to:

1. Provide a procedure to allow minor changes to an existing approval or permit while ensuring that no additional impacts or expansion of structures or uses will occur.

2. Allow administrative approval of minor modifications that meet the requirements of this Chapter. [Ord. 515 § 2, 2018; ZO § 46.100.]

An application for a minor modification shall be filed with the Community Development Director as per Chapter 13-40, Administration, Applications and Fees. Any modification request that exceeds the limitations of this Chapter shall require the filing of a new or modified application for the permit or approval to be modified. [Ord. 515 § 2, 2018; ZO § 46.200.]

The Community Development Director may approve a minor modification to an existing approval or permit for only the specific site development considerations listed below:

1. On-site parking and loading configuration and layout without reduction of spaces. The circulation and landscaping for parking and loading areas as long as the modification does not affect the overall design theme of the site.

2. Placement and height of walls, fences and structures as long as the heights are not increased.

3. Minor modification of architectural features and detailing including colors that do not (A) substantially alter the design theme of the building, and (B) increase by more than 5 percent its approved size or height while staying within the size and height limitations of the zoning district(s) of the property.

4. A reduction in the density, size and height of a development project; provided, that (A) the overall design and character of the development are not substantially altered, and (B) minimum densities, if designated within the zoning district(s) or approval, are met.

5. Landscaping including plant species that do not substantially alter the approved landscape design theme of the project. [Ord. 515 § 2, 2018; ZO § 46.300.]

The Community Development Director shall make a determination regarding a minor modification application within 14 calendar days of notification to the applicant that the application is complete. A public

hearing is not required for a minor modification unless an appeal is filed. The procedures for appeals and subsequent hearings are as per Chapter 13-44, Hearings, Appeals and Judicial Review. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 46.400.]

A minor modification to a use permit, planned development plan, or other discretionary permit approved by the City shall expire at the date of expiration for the use permit, planned development plan, or other discretionary permit unless a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion. [Ord. 515 § 2, 2018; ZO § 46.500.]

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The Hercules Municipal Code is current through Ordinance 555, passed March 25, 2025.

Disclaimer: The City Clerk's Office has the official version of the Hercules Municipal Code. Users should contact the City Clerk's Offi f di d b