§ 19.30.070. Revisions, modifications and extensions.
Revisions or modifications of conditional use permits can be requested by the applicant.
(1)
Revisions/modifications by applicant.
a.
Major revisions. A major revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensification, location or hours of operation, may be requested by the applicant. Such request shall be processed through application of a new conditional use permit, pursuant to the provisions contained in this section. The applicant shall supply necessary information as determined by the city, to indicate reasons for the requested change.
b.
Minor revisions. A revision or modification to an approved conditional use permit such as, but not limited to, minor changes in the site design, parking or building placement, which will not increase or change the use or intensity of the site, may be acted on by the planning director through the administrative review without notice procedure, pursuant to section 19.30.110(2). The applicant shall supply necessary information as determined by the planning director to indicate reasons for the requested change.
(2)
Review by planning commission. The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set.
(3)
Modification or revocation by the planning commission.
a.
After setting a date for public hearing, the planning director, or his designee, shall notify the applicant and owners of the conditional use permit in question. Such notice shall be sent by certified mail and shall state that the commission will be reviewing the conditional use permit for possible modification or revocation. It shall also state the date, time and place of hearing. The public hearing shall be conducted and notice given in accordance with chapter 19.40.
b.
The planning director, or his designee, shall fully investigate the evidence and prepare a report for the commission's consideration. Upon conclusion of the public hearing, the commission shall render a decision to do one of the following measures:
1.
Find that the conditional use permit is being conducted in an appropriate manner and that no action to modify or revoke is necessary;
2.
Find that the conditional use permit is not being conducted in an appropriate manner and that modifications to conditions are necessary; or
3.
Find that the conditional use permit is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts and therefore revoke the permit which requires the operation to cease and desist in the time allotted by the commission.
c.
If the planning commission either modifies or revokes a conditional use permit, then they shall state reasons for such action within the resolution.
(4)
Extensions may be approved by the economic development and planning manager, or his designee, upon receiving a written request from the property owner, applicant, or representative. The request shall explain the reasons and necessity for granting the extension. An extension may be granted for up to one year. Subsequent extensions may be requested provided that the extensions total no more than two years.
(5)
New applications following denial or revocation. Following the denial or revocation of a conditional use permit application, no application for a conditional use permit for the same or substantially the same use or the same or substantially the same site shall be filed within one year from the date of denial or revocation.
(Ord. No. 934-2015, § 19.30.070, 7-20-2015)