A. Request for modification-Classification as major or minor.
1. A request to modify the terms and conditions of a conditional use permit or variance may be made by filing an application for modification at any time during the term of the permit. A request for modification is discretionary and is not the automatic right of an applicant. A proposed modification is classified as either major or mi-nor by the zoning administrator, without notice or hearing. The decision on the classification of the modification is final and is not subject to reconsideration or appeal.
2. A major modification is one that will result in a material change in the nature of a project. The following are deemed major modifications for purposes of this section. This list is not inclusive, and the fact that a particular change is not included does not limit discretion or authority of the decision-maker to determine that a particular proposed change or set of changes to the permit constitutes a major modification. The following changes constitute major modifications for purposes of this provision:
a. Any major change in the pattern or volume of traffic flow either on or off any property covered by the permit;
b. Any change in the nature of the use;
c. Any increase in the density of dwelling units per acre; and
d. Any material changes in the orientation or location of structures on the parcel.
3. A minor modification is any modification that is not classified as a major modification.
B. Approval authority-Major modification. A request for a major modification to the terms and conditions of a conditional use permit or variance is subject to review at the director level by the zoning administrator.
C. Decision and findings-Major modification. The decision-maker may approve the request for modification based on the findings required for approval of the conditional use permit or variance as stated in this chapter. The deci-sion-maker may impose conditions on the modification as the decision-maker determines to be necessary or appropriate to make the required findings.
D. Appeal. A decision on a request for a major modification is appealable to the planning and design commission as provided in section 17.812.060.
E. Approval authority-Minor modification. A minor modification to the terms and conditions of a conditional use permit or variance is subject to review at the staff level under the general direction of the zoning administrator.
F. Decision and findings-Minor modification. The decision-maker may approve the request for modification based on the findings required for approval of the conditional use permit or variance as stated in this chapter. The deci-sion-maker may impose conditions on the modification as the decision-maker determines to be necessary or ap-propriate to make the required findings.
G. Reconsideration. A decision on a request for a minor modification is subject to reconsideration under section 17.812.020, and is not appealable.
H. Discretion to elevate review of request. The zoning administrator or planning director, in their sole discretion, may elect to elevate the review and decision of a request to modify the terms and conditions of a conditional use permit or variance under their general direction or authority from the staff level to the director level, or from the director level to the commission level. The decision of the director under this section is final and is not subject to reconsider-ation or appeal. (Ord. 2021-0024 § 40; Ord. 2017-0061 § 92; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)