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A. Purpose and Applicability. This section establishes requirements and procedures for an applicant to request modification to an approved discretionary permit.

B. Permit Modification Required. City approval of a permit modification is required to:

1. Expand the floor or land area devoted to an approved use;

2. Expand a customer service area and/or increase the number of customer seats;

3. Change a building’s occupant load rating under the City’s Building Code so that it is classified in a different category with a higher occupancy rating;

4. Increase the number of employees, beds, rooms or entrances;

5. Establish a new product line, service, function or activity so as to substantially change the character of the use;

6. Increase the volume of production, storage or capacity of any business manufacturing process or activity;

7. Change the type of alcohol sales and/or service; and

8. Change, expand, or intensify a use or structure in any other manner or substantially alters the use or structure.

C. Review Authority. A permit shall be modified by the review authority which originally approved the permit.

D. Public Notice and Hearing.

1. Exercised Permits. Public notice and hearing in compliance with this chapter is required to modify a permit that has been exercised. See Section 23.404.060.C.1 (Exercised Defined).

2. Permits Not Yet Exercised. For modifications to permits not yet exercised, the Zoning Officer or ZAB may act on the permit modification without a public hearing, or may set the matter for public hearing at its discretion. A noticed public hearing for a permit modification shall occur in compliance with this chapter.

E. New Building Permits Required. A building permit may not be modified after construction is complete. New construction in accordance with a modified permit requires issuance of a new building permit. (Ord. 7787-NS § 2 (Exh. A), 2021)