Chapter 17.09 — MINOR PERMIT MODIFICATIONS

This chapter establishes procedures and requirements for minor modifications or elimination of certain condition(s) of a previously approved Class II through Class IV application without requiring a new application.

(Ord. 13-8 § 4 (Exh. A), 6/11/2013)

• A. Application. All expansions or minor permit and/or condition modifications of permitted uses or structures, including accessory uses and structures, are subject to the following requirements unless specifically prohibited in the original approval:

  1. Any expansion or other minor modification of a Class II approval requires a determination by the Director that such request is in substantial conformance with the permitted use. Expansions may be subject to development review to the satisfaction of the Director.

  2. A cumulative expansion of ten percent (10%) or less of approved building area or approved site area for a Class III and IV approval shall be permitted by right. Such expansions require a determination by the Director that such request is in substantial conformance with the conditionally permitted use. Expansions may be subject to development review to the satisfaction of the Director.

  3. A cumulative expansion of ten percent (10%) to fifty percent (50%) of approved building area or approved site area for such use shall be subject to a Class III application for both Class III and Class IV approvals.

  4. A cumulative expansion greater than fifty percent (50%) of approved building area or approved site area for such use shall be subject to the approval of a new Class III or Class IV application whichever the appropriate entitlement is.

  5. Modifications to conditional use permits for alcohol sales require the review and approval of a minor use permit.

• B. Prohibited Modifications. Minor permit modifications are prohibited for the following and require a new application to be submitted:

  1. Class IV applications for oak tree permits and the selling of alcohol for both off- and on-site consumption;

  2. Any modification to a variance or adjustment;

  3. Any modification to a Class V application;

  4. Any modification to a Class VI application;

  5. Any modification to a Class VII application; or

  6. A substantial alteration or material deviation from the terms and conditions of the previously approved discretionary permit.

• (Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 22-9 § 5 (Exh. A), 7/12/2022)

The review authority shall approve the minor permit modification where the applicant substantiates the following findings:

• A. That the required findings for the original application have been satisfied as required by Section 17.06.130 (Findings and Decision);

• B. That approval of the minor permit modification will not substantially alter or materially deviate from the terms and conditions imposed in the granting of the previously approved permit; and

• C. That approval of the minor permit modification is necessary to allow the reasonable operation and use granted in the previously approved permit.

• (Ord. 13-8 § 4 (Exh. A), 6/11/2013)

• A. The review authority may impose new conditions deemed reasonable and necessary to ensure that the minor permit modification is in compliance with the findings of the approved permit.

• B. In addition to Section 17.09.020(B) (Prohibited Modifications) and subsection (A) of this section, the review authority shall not modify or eliminate a condition specified as mandatory in this code or a condition which may only be modified pursuant to the approval of a variance.

• (Ord. 13-8 § 4 (Exh. A), 6/11/2013)