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A. Generally

This chapter applies to:

1. all zoning districts, and

2. unless otherwise provided, any application for:

a. subdivision plat approval,

b. site plan approval where this chapter was not previously applied to a subdivision plat approved for the subject property, or

c. building permit or certificate of occupancy where this chapter was not previously applied to a subdivision plat or site plan approved for the subject property.

B. Modification

1. The City Council may modify any provision of this chapter as a condition of rezoning to any “N “(Neighborhood), “BP” (Business Park), “D” (Downtown), “PD” (Planned Development), “TOD” (Transit Oriented Development), or “PR” (Planned Redevelopment) district.

2. The Planning Commission or Planning Official may modify any other provision of this chapter where specifically authorized in this Code.

3. Modifications are permitted if they are:

a. Consistent with the Comprehensive Plan, and

b. consistent with the public interest and will not place unnecessary burden on the City.

C. Exceptions for Existing Improvements

1. This subsection applies to any proposed subdivision that:

a. is a resubdivision, or

b. concerns an area presently having any or all of the improvements required by this chapter and Section 18.40.190 (Vacating Streets and Reservations).

2. An applicant subject to subsection 1 is not required to duplicate the existing improvements and may develop without further improvements if:

a. The improvements meet the requirements of this chapter and Section 18.40.190, and

b. Are in good condition, as determined by the City Engineer.

3. If the existing improvements do not meet the requirements of subsection 2, the applicant shall provide for the repair, correction or replacement of the improvements. This section does not require the applicant to provide off-site improvements, or on-site improvements that serve areas outside of the proposed development, to the extent that those improvements exceed the proportionate impacts of the proposed development.