§ 17.52.046. Amendment of conditional certificate—Grounds.  


Latest version.
  • A.

    After a conditional certificate has been recorded, the advisory agency may amend and record an amended conditional certificate either on its own initiative or, after payment of the fee imposed by resolution of the board, upon application by the owner of the parcel in the form prescribed by the advisory agency, if the advisory agency finds that either of the following exist:

    1.

    Special circumstances applicable to the parcel exist, including size, shape, topography, location or surroundings, because of which strict imposition of the conditions of the conditional certificate would deprive such property of the privileges enjoyed by other property in the vicinity; or

    2.

    A change or changes in circumstances make one or more of the conditions of the conditional certificate no longer appropriate or necessary and all of the following conditions are satisfied:

    a.

    The amendment will not impose any additional burden on the present fee owner of the parcel;

    b.

    The amendment does not alter any right, title or interest of any person in the parcel;

    c.

    The amendment is based upon information that was not known or could not reasonably have been known when the advisory agency approved the conditional certificate; and

    d.

    If the information had been known, the amendment would have been approved as part of the approval of the conditional certificate.

    B.

    Notwithstanding (A), amendment of a conditional certificate shall be approved only after following the procedures set forth in Section 17.52.030, except that the advisory agency shall confine its review to the proposed amendment.

(Ord. No. 1401, § 7, 5-12-2015)