SEC. 16-551. FINALITY.

   After rendition, such decision shall become final and conclusive and cannot thereafter be reconsidered or modified or vacated except as herein provided.

(`64 Code, Sec. 34-156.2) (Ord. No. 917)

SEC. 16-552. REVOCATION.

   (A)   Any special use permit heretofore or hereafter granted may be revoked by the commission, after a public hearing has been held with notice given as provided in section 16-537, for any of the following reasons:

      (1)   Where any permit or condition of the special use permit has not been complied with;

      (2)   Where the property subject to the special use permit or any portion thereof is used or maintained in violation of any statute, ordinance, law or regulation;

      (3)   Where the use for which the special use permit was granted has not been exercised for at least 12 consecutive months or has ceased to exist or has been abandoned;

      (4)   Where the use for which the special use permit was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance;

      (5)   Where the applicant made a false or erroneous statement in a material matter either in the application for the special use permit or in testimony before the commission or the city council upon appeal.

   (B)   After revocation of a special use permit, the property affected thereby shall be subject to the regulations of the applicable zone classification.

   (C)   A decision of the commission or city council not to revoke a special use permit whenever cause therefor exists or occurs does not constitute a waiver of such right with respect to any subsequent cause for revocation.

(`64 Code, Sec. 34-157) (Ord. No. 917, 1046, 1087, 2367, 2445)

SEC. 16-553. EXPIRATION DATE AND EXTENSION.

   (A)   A special use permit shall expire 36 months from the date of issuance if the use, building, structure, or other improvements for which the permit has been issued has not been established or commenced in compliance with the issued permit or unless a time extension is approved. If the approved application is not used within the time limit, the approval becomes null and void.

   (B)   Notwithstanding subsection (A), above, where an application, including required fees, requesting an extension is timely filed prior to such expiration date, the Director may approve a one-time extension of the time limit in subsection (A), above, for a period of not to exceed one year. In considering a time extension, the review authority must make the following findings:

      (1)   The granting of the extension must be based upon a finding of good cause.

      (2)   All original findings for approval can still be made.

(Ord. No. 3039)

DIVISION 4. MODIFICATIONS TO SPECIAL USE PERMITS

SEC. 16-560. MINOR MODIFICATIONS.

   (A)   Modifications to special use permits that do not intensify the use of the parcel or have any additional adverse effect on abutting parcels or the general health, safety, or welfare are eligible for review as minor modifications. A minor modification may allow for an increase or decrease of the following elements of the approved development, by no more than 10%.

      (1)   Approved building height;

      (2)   Approved setback distances;

      (3)   Landscape coverage;

      (4)   Building floor area;

      (5)   Site building coverage;

      (6)   Dimensional standards for parking, loading and circulation that do not result in a reduction in the required parking and loading spaces;

      (7)   Outdoor open space requirements;

      (8)   Other approved numerical development standards.

      (9)   Exclusions: minor modifications to special use permits shall not be granted for the following standards:

         (a)   Minimum number of required parking spaces;

         (b)   Floor area ratio or residential density.

      (10)   In no case may the increase or decrease be below the minimum or exceed maximum standards established by the city code. In no case shall a minor modification be granted pursuant to this chapter to permit a use or activity that is not otherwise permitted in the zone where the property is located.

   (B)   Modifications to building elevations may be considered under a minor modification, provided that modified elevations comply with applicable objective design standards and applicable zoning regulations contained in this chapter and other adopted standards.

   (C)   An application for a minor modification shall be filed with the Director. Three copies of the site plan, elevation and landscape plan, if applicable, shall be submitted with a letter outlining the requested modification. The application shall state in writing the nature of the modification requested and explain why the findings necessary to grant the modifications identified in Section 16-560.1 can be satisfied.

   (D)   Fees for filing an application for a minor modification to a special use permit shall be set by resolution of the City Council.

   (E)   Upon review of the application, the Director shall issue a written decision approving, conditionally approving or denying the application within the time period prescribed by State law.

   (F)   The Director's decision to approve, conditionally approve a minor modification to a special use permit may be appealed to the Planning Commission within ten days of the date of issuance, in accordance with the procedure for hearing an application for a special use permit as provided in this chapter. The decision of the Planning Commission shall be final. Appeals of a denial by the Director may be made by filing a major modification application for consideration by the Planning Commission.

   (G)   If a minor modification application is processed concurrently with a required discretionary permit the review authority with jurisdiction over the discretionary permit shall also have review authority over the minor modification.

(Ord. No. 3039)

SEC. 16-560.1. REQUIRED FINDINGS FOR MINOR MODIFICATIONS.

   In order to grant a minor modification to a special use permit, the review authority must make the following findings:

   (A)   All provisions of this article are met;

   (B)   The proposed minor modification is consistent with the applicable general plan policies and is in conformance with applicable zoning regulations contained in this chapter and other adopted standards;

   (C)   The approval or conditional approval of the minor modification will not be detrimental to public health, safety, or general welfare.

(Ord. No. 3039)

SEC. 16-561. MAJOR MODIFICATIONS.

   (A)   Changes to an approved special use permit that do not qualify as minor modifications under Section 16-560 shall be handled in a manner similar to the initial application for the special use permit. Major modifications are those that involve substantial increases in coverage, major additions to the buildings or structures, creation of extra parking needs, traffic or other site problems and shall be heard by the Planning Commission.

   (B)   Applications shall include the same submittal material required for a special use permit under Section 16-533 of this chapter and shall be submitted to the Planning Division. The application shall state in writing the nature of the modification(s) requested.

   (C)   Fees for filing an application for a major modification to a special use permit shall be set by resolution of the City Council.

   (D)   An application for a major modification to a special use permit shall be heard and notice shall be provided in the manner required under Division 3 of this article for a special use permits.

(`64 Code, Sec. 34-110.2) (Ord. No. 916, 1409, 3039)