(A) (1) Minor changes in a detail(s) to an approved permit or site plan (which do not alter the basic relationship of a proposed development to surrounding properties), to the standards and requirements of this chapter, or to any conditions attached to an approved permit may be approved by the Land Use Administrator without going through the amendment process.
(2) The Land Use Administrator shall forward any application for major changes in detail(s) to a site plan or permit to the Planning Board and Board of Commissioners for consideration as an amendment to the conditional use permit.
(B) (1) Requested changes in use following rezoning and issuance of a conditional use permit shall be treated and processed as new conditional use permit applications; however, recognizing that the rezoning was effectuated based on the first permitted use only, there shall be a refutable presumption that the proposed new use will materially endanger the public health and safety and substantially injure the value of adjoining or abutting property.
(2) The change in use will therefore be authorized only by the applicant’s rebuttal of said presumption by clear and convincing evidence, as well as by establishing all other requirements (of this chapter) applicable to conditional use permits generally.
(Ord. passed 12-20-2001) Penalty, see § 152.999