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After the effective date of approval of final plans, modifications to the approved final plans may be considered in accordance with the Type II Application Procedures contained in EC 9.7000 Application Procedures. The planning director shall decide whether to grant the requested modification based on the following criteria:

(1) The modification will be consistent with the conditions of the original approval; and

(2) The modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties.

If determined to be consistent with the above criteria, the planning director shall approve the request. The applicant retains the ability to submit the requested modification as a new Willamette Greenway permit application based on the Type III procedural requirements. Nothing in this land use code shall preclude the applicant from initially submitting the requested modification as a new Willamette Greenway permit application.

(Section 9.8825, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)