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A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III procedure, using approval criteria contained in Section 20.245.040 VMC and subject to other requirements in this Chapter.
B. Major modification of an approved or existing conditional use.
1. The planning official shall determine that a major modification(s) has resulted if one or more of the changes listed below have been proposed:
a. A change of any applicable condition of approval;
b. A change in use classification as defined in Chapter 20.160 VMC;
c. A 10 percent increase in dwelling unit density, providing the proposed density does not exceed the maximum density established in the underlying base zoning district;
d. An increase in the approved floor area proposed for nonresidential use by more than 25 percent, except for schools, which shall have a threshold of 50 percent increase in floor area;
e. A change in the operational use deemed to be a possible adverse impact to adjacent properties by the planning official.
2. Upon the planning official determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application to be processed as a Type II application, pursuant to VMC 20.210.050.
C. Minor modification of approved or existing conditional use.
1. Any modification that is not within the description of a major modification as provided in Subsection (B)(2) above shall be considered a minor modification.
2. An applicant shall request approval of a minor modification by means of a Type I procedure, Section 20.210.040 VMC, using approval criteria in Subsection (3) below.
3. A minor modification shall be approved, approved with conditions, or denied following the Planning Official’s review based on the findings that the proposed development is in compliance with all applicable requirements of this Title.
D. Time Limit of Approval.
1. Time Limit. Authorization of a conditional use permit shall be void after five years, unless a building permit has been issued and substantial construction has taken place.
2. Extension. Upon written request by the applicant and payment of the required fee pursuant to Chapter 20.180 VMC, the Planning Official may extend the authorization for a maximum of one year.
E. Concurrent review. An applicant may request other land use reviews, such as a variance or site plan review, at the same time that a request for conditional use approval is submitted. The applications for multiple reviews may be consolidated. The review procedure for consolidated applications shall be that of the application requiring the highest level of review, under Section 20.210.020(D) VMC. (Ord. M-3959 § 11, 07/19/2010; Ord. M-3643, 01/26/2004)