Chapter 17.94 — PERMIT AMENDMENT, MODIFICATION, AND REVOCATION

Sections:

17.94.010 Amendments to approved permits.

17.94.020 Grounds for revocation or modification.

17.94.030 Modification of permits.

17.94.040 Initiation.

17.94.050 Public hearing requirements.

17.94.060 Hearings.

17.94.070 Appeal.

17.94.080 Hearing by council.

The approval body which approved the entitlement, permit, or approval in question (i.e., director, commission, council) may modify any permit, approval, or entitlement by amending drawings and plans, and any conditions of approval imposed upon it.

• A. Application.

1. A development or land use allowed through an administrative use permit, conditional use permit, home occupation permit, minor deviation, development plan review permit, sign permit, sign program, site plan review, temporary use permit, or variance shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority.

2. An applicant shall request desired changes in writing and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

3. Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the project (i.e., hours of operation, expansion of a use) as originally proposed by the applicant or approved by the review authority.

4. Changes shall be approved before implementation of the changes and may be requested either before or after construction or establishment and operation of the approved use or development.

B. Notice and Hearing. If the matter originally required a notice of public hearing, the review authority shall hold a public hearing, except for the minor modification established in subsection C of this section, and shall give notice, in compliance with Section 17.96.030 (Noticing requirements for permits).

C. Minor Modification. The director may authorize minor modifications to an approved site plan, architecture, or the nature of the approved use only if the changes:

1. Are consistent with all applicable provisions of this title and the spirit and intent of the original approval; and

2. Do not involve a feature of the project that was:

a. A basis for findings in a negative declaration or environmental impact report for the project;

b. A basis for conditions of approval for the project; or

c. A specific consideration by the reviewing authority (i.e., director, commission, council) in granting the permit or approval.

D. Major Modification. Major changes include changes to the project involving features specifically described in subsection (C)(2) of this section and shall only be approved by the review authority through a new application or modification, processed in compliance with this title. (Ord. 24-01 §2(Exh. A-1)).

Any planning permit may be revoked if any of the following apply:

• A. The planning permit was obtained by fraud;

B. One or more of the terms or conditions upon which a permit was granted has been violated;

C. The use for which the permit was granted is conducted in a manner that is detrimental to the public health, safety, or welfare or that creates a nuisance. (Ord. 24-01 §2(Exh. A-1)).

Instead of revocation, the director, commission, or council may modify any permit by amending existing or adding new conditions. (Ord. 24-01 §2(Exh. A-1)).

The hearing to revoke or modify a permit may be initiated by order of the commission or the council, or at the request of the director. The order shall contain the grounds for revocation or modification. (Ord. 24-01 §2(Exh. A-1)).

The applicable review authority shall hold a public hearing to revoke or modify any permit or approval granted in compliance with the provisions of this title. Before the date of any hearing to revoke or modify a permit, the director shall:

• A. Give notice of a public hearing no less than ten days before the hearing;

B. Serve a copy of the order and a written notice of the time and place of the hearing upon the person whose name and address appear as the owner of the premises on the latest tax roll of the county and upon the person in possession of the premises involved. Service of the notice and the order shall be made in the manner required by law for the service of a summons, or by registered or certified mail, postage prepaid;

C. Cause a copy of the order and a notice of the time and place of the hearing and a copy of the order to be sent to the public offices, departments, or agencies who, in the opinion of the director, may be interested in the proceedings. (Ord. 24-01 §2(Exh. A-1)).

A. Planning Commission. The commission shall have authority over all permit revocations or modifications originally approved by the commission. The commission shall also have the authority to revoke any permit approved by the director. Upon considering evidence and testimony presented at the public hearing, the commission shall render its decision as to whether the permit should be revoked or modified.

B. Director. The director has the discretion to modify, but not revoke, any permit originally approved by the director. Modifications to planning permits granted by the director shall not require a public hearing. The director’s decision shall be final unless appealed to the commission. (Ord. 24-01 §2(Exh. A-1)).

Any person dissatisfied with the decision of the director may appeal the decision to the commission. Any person dissatisfied with the decision of the commission may appeal the decision to the council. All appeals must be submitted to the city clerk within five working days after the decision was made. (Ord. 24-01 §2(Exh. A-1)).

Following the appeal of the commission’s decision on the revocation or modification of a permit, the council shall hold a public hearing on the revocation or modification action. Upon considering evidence and testimony presented at the public hearing, the council shall render its decision as to whether the permit should be revoked or modified. The decision of the council is final. (Ord. 24-01 §2(Exh. A- 1)).

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