§ 18.124.130. Use permit modifications—Procedure—Size limitation.


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  • A.

    Except as otherwise provided in subsection (B) of this section, modifications to an approved use permit shall be processed in the same manner and in compliance with the procedures set forth herein for use permits and appeals, including notice and the payment of applicable permit application fees.

    B.

    Upon receipt of a written request from the holder of a use permit, the zoning administrator may approve minor non-controversial modifications to approved use permits after giving notice of intent to approve or deny, but without a public hearing in regard to project design or permit conditions which do not affect the overall concept, density, intensity or environmental impact of, or substantially alter or delete any environmental mitigation measure for the project. Consistent with the foregoing, the zoning administrator may approve changes in location and/or size of approved structures or portions thereof, provided that, the zoning administrator shall not consider or approve a minor modification if the result of the approval of the requested minor modification would result in any structure or the aggregate of all approved structures being increased more than twenty-five percent in size or one story in height based on the size allowed under the approved use permit. Equipment enclosures whose permanent installation outdoors was approved by use permit are not subject to this size limitation.

    1.

    Notice of intent to approve or deny, for purposes of this subsection, shall include a general explanation of the matter to be considered, a general description, in text or by diagram, of the location of the subject real property, and a statement that the zoning administrator intends to approve or deny the requested modification on a certain date not less than ten calendar days after the date of mailing of the notice unless a member of the public requests a public hearing prior to that date.

    2.

    Notice of intent, for purposes of this subsection, shall be mailed or delivered as follows:

    a.

    To the owner of the subject real property or the owner's duly authorized agent and to the project applicant if she/he is neither the owner of the property nor the owner's duly authorized agent; and

    b.

    To all owners of real property, including businesses, corporations or other public or private entities, as shown on the latest equalized assessment roll within one thousand feet of the real property that is the subject of the proposed zoning change. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector which contain more recent information than the assessment roll may be used.

    3.

    If any member of the public requests a public hearing during the comment period, then the zoning administrator will provide public notice in accordance with Section 18.136.040 and conduct a public hearing.

    C.

    Upon receipt of a written request from the holder of a use permit, the director may administratively approve very minor, non-controversial modifications to approved use permits without public notice, including, the following:

    1.

    Additions of covers over previously approved pads;

    2.

    Small (less than ten percent) changes in square footage or building footprint;

    3.

    Realignment of internal circulation roads;

    4.

    An extension of use permit expiration time not to exceed one year beyond the then-operative date of use permit expiration as established in conformance with this chapter, provided that the director shall not approve more than three such extensions of any one use permit or use permit modification approval; and

    5.

    Similar items at the discretion of the director.

    (Ord. 1206 § 37, 2002: Ord. 1104 § 41, 1996; Ord. 1082 § 12, 1995; Ord. 1009 § 10, 1992; Ord. 981 § 54, 1991: Ord. 979 § 5, 1991: Ord. 944 § 3, 1990: Ord. 916 § 7, 1989: Ord. 826 § 6, 1986; prior code § 12809)

(Ord. No. 1370, § 49, 3-20-2012; Ord. No. 1395, § 5, 12-16-2014)

Editor's note

Ord. No. 1370, § 49, adopted March 20, 2012, amended § 18.124.130 title to read as herein set out. Former § 18.124.130 title pertained to use permit and small winery exempt modifications—procedure—size limitation.