(A) Permit modification or amendment. Any person holding a permit granted under this subchapter may request a modification or amendment to the permit if it is found that such modification is necessary to protect the public peace, health and safety. The modification of a permit may apply to the terms of the permit itself, project design or the waiver or alteration of conditions imposed when the permit was granted.
(B) Permit modification application. If the proposed modification fulfills any of the following criteria, the property owner shall submit a permit modification application for consideration and approval by the Zoning Administrator.
(1) Criteria established in § 153.210.280.
(2) A maximum 10% change in the building floor area, not to exceed 2,000 square feet.
(3) A maximum 2% decrease in landscaped area.
(4) No changes in the lot area, parking layout or hours of operation.
(5) A deletion of maximum one design element or substitution of one building material where such element or building material was not required by the Zoning Code or Design Review Committee.
(C) Permit modification public hearing. If the proposed modification exceeds any of the above mentioned criteria, a public hearing is required for action to modify the permit. The original Approving Authority for the subject permit shall hold the hearing. The hearing shall be noticed in the same manner required for the granting of the original permit.
(D) Findings. A permit modification may be granted only when the Approving Authority makes all findings required for the original approval in addition to the finding that changed circumstances sufficiently justify modification of the approval.
(E) Appeals. An action on a modification may be appealed in accordance with the provisions of § 153.210.150.
(Ord. 1346, passed 5-2-12)