The general definition of what constitutes a minor change is provided by the University of Toronto Quality Assurance Process (UTQAP) (PDF). Before we get into the legal details, we need to be aware of the critical distinctions that North Carolina courts have made between administrative decisions (e.g., minor changes) and quasi-judicial decisions (e.g., deviations). These distinctions are particularly important because of the different procedural requirements for the protection of the rights of data subjects. The burden of a minor change is not that high. If there has been a material change in circumstances in the life of a parent or child AND the change is in the best interests of the child, a judge or commissioner may order a minor change. Examples of minor changes include a change in a parent`s work schedule; A parent wants to take the child on vacation longer than the current parenting plan allows. No change in use or density. The by-laws prohibit minor administrative amendments to a conditional zoning permit or special use permit that “involve a change in the permitted uses or permitted density of the overall development.” For example, an administrative change cannot be used to convert residential to commercial use. That said, there is a risk of ambiguity. Could an administrative officer authorize the transfer of equivalent activities between different uses within a similar category, for example: swapping an equivalent number of housing units from one type of dwelling to another or exchanging equivalent square metres between non-residential uses? Such an amendment could be possible if it could be demonstrated that the original authorization provided for such flexibility and that the proposed deferral did not increase the “overall density of development”. First, there are changes to the design of the site – changes to the design of previously approved development permits. This would include an adjustment to the design of an interim subdivision area or a minor amendment to the site plan required as a condition of a Special Use Permit. For these changes, development still meets the underlying zoning requirements, but flexibility in the design of the site plan or preliminary subdivision platform is required.
Chapter 160D clearly permits such site changes, provided they are defined in the Regulations and subject to prescribed limits. Nevertheless, case law requires that these changes follow clear and objective standards and a fair process. Define minor changes. The Regulations must specify the types of amendments that may be subject to administrative review and the limitations of such amendments. Ordinances may include topics such as property configuration, park design, building location, and similar requirements. As explained below, constraints are usually formulated as numerical limits or as a percentage for change (e.g., no more than five feet or ten percent). Municipalities may approve an administrative amendment to a site plan attached to a conditional development district or a special use permit as a condition of approval. The regulation may also define changes that are not eligible for minor changes – changes that require a major change – such as changes that increase project traffic beyond the values predicted in a traffic impact assessment (TIA) or that increase the impact of rainwater beyond what was identified in the stormwater analysis conducted under the original permit. Criteria for change.
When is a minor change allowed? An administrator cannot have broad discretion to authorize changes. There must be specific, neutral and objective criteria for when a minor amendment is approved. For example, a minor change may be allowed to relieve a single physical attribute of the property that was not known at the time of the initial approval. With such a limit, the applicant must demonstrate why release is necessary. While the administrator may have to make a finding of fact, it may be administrative rather than quasi-judicial, provided that this is defined by the by-law and that the discretion of local government or appointed board staff is limited. Policymaker. The regulations should specify which official or authority is responsible for reviewing a request for an administrative change. Management review functions may be delegated either to local authority staff or to designated committees, as desired by local authorities. While there is a general authority in the broad zoning powers, Section 160D also includes an explicit authority for minor administrative changes. For development permits in general, G.S. 160D-403(d) states: “A local government may, by order, make minor amendments to development permits, which may be exempted or administratively approved.” For conditional zoning, G.S.
160D-703(b) states: “The zoning ordinance may provide that minor changes defined in the county`s conditional standards that do not involve a change in the permitted uses or density of the overall permitted development may be reviewed and approved administratively.” For special use permits, G.S. 160D-705: “Regulations may provide that defined minor amendments to Special Use Permits that do not result in a change in the permitted uses or density of the total permitted development may be reviewed and approved administratively.” And for development contracts, G.S. 160D-1006(e) states that major changes must go through the standard approval process, meaning that minor changes to development agreements can be treated in the same way as other minor changes. Please contact your Dean`s office if you have questions about minor changes in undergraduate and master`s programs. The Dean`s offices consult with the PAAP office as required; This may involve determining whether a particular change is a major or minor change. The VPAP office is globally responsible for implementing minor changes to graduates. Restrictions on the scope of the amendment. In addition to clear criteria for approving amendments, the Regulations are intended to set concrete, neutral and objective limits on the scope of authorized amendments. For example, a bribe can be reduced by up to ten percent or 24 inches, or a parking requirement cannot be reduced by more than 25 percent. An amendment to a development permit requires additional approval. G. 160D-403(d) states: “After an authorization has been granted, no waiver of the conditions of the application or permit may be made until the proposed amendments or waivers have been approved in writing.” North Carolina case law and regulations outline the powers and limits of minor administrative changes.
These administrative amendments relate to conditional zoning (G.S. 160D-703(b)), special use permits (G.S. 160D-705(c)) and administrative planning permits (G.S. 160D-403(d)). These changes must be defined in the regulations, be limited by clear restrictions and respect substantive limits (no change in use or density). Note that major changes to an approved project always go through the standard approval process, not minor changes. If an requested amendment is not considered a minor amendment, the applicant may still request a major amendment to the licence. As required by state law, these proposed revisions must go through the full approval process. Details and considerations for such revisions are described in the Significant Changes to Approved Development blog. There are two different types of minor amendments, one clearly authorized by Section 160D and the other arguably authorized under general zoning powers and current jurisprudence.
Therefore, when considering minor administrative changes, we must consider the limited scope of administrative decision-making. Once a minor change has been approved at the appropriate faculty or department level, please send a final copy of the governance-approved proposal to grad.minormods@utoronto.ca. Please include the date of final governance approval in the body of the email. This ensures that approved changes can be implemented across all systems (ROSI, School of Graduate Studies calendar, etc.). Please contact the PAAP office regarding any proposed name changes and suggestions for a new entity named (p. e.g. new minor, emphasis, etc.) before governance. Package-specific modification. In the case of amendments to conditional zoning districts and special use permits, the legal authority allows owners of individual parcels to “request a change in conditions as long as the amendment would not result in the non-compliance of the conditions by other parcels.” Such a change only applies to properties whose owners request the change. Before the local planner begins working on administrative changes, authorized changes must be clearly defined and limited in the by-law.