§ 22.236

This Chapter establishes procedures for the modification or elimination of conditions of a previously approved Conditional Use Permit without filing a new Conditional Use Permit (Chapter 22.158) application. This process can be used where such modification or elimination of conditions of the previously approved Conditional Use Permit will not result in a substantial alteration or material deviation from the terms and conditions of the previously approved Conditional Use Permit and is necessary to allow the reasonable operation and use previously granted.

(Ord. 2019-0004 § 1, 2019.)

Any person desiring to modify or eliminate one or more conditions of a previously approved Conditional Use Permit may file an application, except that no application shall be filed or accepted within one year of final action on the same or substantially the same application or within one year of final action on the Conditional Use Permit.

(Ord. 2019-0004 § 1, 2019.)

A.

Any request to modify or eliminate the following shall be denied:

1.

A change of an alcohol license previously approved for a site.

2.

An increase of shelf space devoted to alcohol.

3.

Substantial alteration or material deviation from the terms and conditions of the previous approval.

4.

Modification or elimination of any condition specified as mandatory in this Title 22 or any condition which relates to a development standard that may only be modified through a Variance (Chapter 22.194).

5.

Modification of the time limit for use, grant term, or expiration date.

B.

To request a modification or elimination of conditions listed in Subsection A, above, the applicant may file a new Conditional Use Permit (Chapter 22.158) application.

(Ord. 2022-0008 § 128, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. An application submittal shall contain all materials required by the Modification or Elimination of Permit Conditions Checklist.

B.

Type II Review. The application shall be filed and processed in compliance with Chapter 22.228 (Type II Review—Discretionary) and this Chapter. Notwithstanding Section 22.228.040.B, notice shall be mailed to the same notification radius that was required for the public hearing for the previously approved Conditional Use Permit.

(Ord. 2019-0004 § 1, 2019.)

22.236.050 - Findings and Decision.

A.

Common Procedures. Findings and decision shall be in compliance with Section 22.222.200 (Findings and Decision), and include the findings in Subsection B, below.

B.

Findings.

1.

The findings and decision in Section 22.158.050 (Findings and Decision) for the Conditional Use Permit as modified has been satisfied.

2.

The modified Conditional Use Permit will not materially deviate from the terms and conditions imposed in the previously approved Conditional Use Permit.

3.

Approval of the application is necessary to allow the reasonable operation and use granted in the Conditional Use Permit.

(Ord. 2019-0004 § 1, 2019.)

A.

In approving the application, the Review Authority may impose additional conditions, if deemed necessary to ensure that the modification or elimination of any condition will be in accordance with Section 22.236.050 (Findings and Decision).

B.

Notwithstanding Subsection A, above, the Review Authority shall not modify or eliminate any condition specified as mandatory in this Title 22 or any condition which relates to a development standard that may only be modified through a Variance (Chapter 22.194) application.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.238 - MODIFICATIONS AND REVOCATIONS