§ 10.03.05. Modification and Withdrawal of Applications

A.

Modification

1.

Requests to modify an application filed prior to the mailing of notice for the hearing before the Land Use Hearing Officer shall be granted by the Administrator as a matter of right. If the Administrator finds, based upon the nature of the requested modification, that the modification can be accomplished in a timely fashion so as to not disrupt original review periods, then said review shall proceed and a hearing shall be held within the original 60 or 90 calendar day review period referenced in Section 10.03.02.C.1.

2.

If the Administrator finds that additional time is required to review said request, then County staff shall have an additional period to review said request. The scheduled public hearing before the Land Use Hearing Officer shall be convened and continued to a date certain to allow additional staff review.

3.

Requests to modify an application, filed after the date of mailing of notice for the hearing before the Land Use Hearing Officer, shall be considered by the Land Use Hearing Officer at the public hearing. The Land Use Hearing Officer shall grant said request as a matter of right.

4.

Any modifications or changes, as listed in Section 5.03.04, to a general development plan filed less than 20 calendar days prior to the hearing shall require a continuance of the application to future hearing.

5.

If the Administrator finds, based upon the nature of the requested modification and the review criteria contained in 10.03.03.E herein that renotice of the application as modified is required, then the Administrator shall establish a continuance date for the public hearing and shall direct the renotice of the application by proof of mailing as modified. During the interim, appropriate staff shall have an opportunity to review said application as modified and submit recommendations.

6.

If the Administrator finds, based upon the nature of the requested modification, the review criteria contained in 10.03.03.E above, and County staff comment that additional review is required, then the Administrator shall establish a continuance date for the public hearing. During the interim, appropriate staff shall have an opportunity to review said application as modified and submit recommendations.

7.

If the requested modification does not require notice or review, then the Land Use Hearing Officer shall consider the application as modified and submit a recommendation in accordance with the terms contained in this Code.

8.

Requests to modify an application filed after the conclusion of the hearing before the Land Use Hearing Officer, but no less than ten days prior to the scheduled review by the Board of County Commissioners, shall be referred to the Administrator who shall grant said request as a matter of right. The Administrator shall assign a new public hearing date and thereafter process the application as modified in the same manner as a new application. The applicant, shall, within three days of requesting said modification mail notice of the new public hearing date to all parties of record. Requests to modify an application filed within ten days before the scheduled review by the Board of County Commissioners shall be considered by the Board on a case by case basis. If the remand is granted, the applicant shall mail notice of the new public hearing date to all parties of record in accordance with the notice procedures outlined in Section 10.03.02.D.

9.

The modification must exhibit changes as described in 5.03.04.D Major Modifications in order for the Administrator to assign a new hearing date as a matter of right. Applicable fees for processing a major modification shall be assigned by the Administrator.

10.

With the exception of those requests which may arise during the course of the hearing before the Land Use Hearing Officer, all requests for modifications shall be in writing and shall be filed with the Clerk of the Board and the Administrator.

B.

Withdrawal of Application

1.

The applicant has the right at any stage of the proceeding to withdraw the application upon written notification to the Administrator.

2.

The applicant may also withdraw the application on the record, either verbally or in writing, at the public hearing or public meeting where the application is scheduled to be heard by the Land Use Hearing Officer and/or the Board of County Commissioners.

3.

Nothing contained herein shall authorize a Land Use Hearing Officer to waive or refund any filing fee.

(Ord. No. 99-25, § 2, 11-18-99; Ord. No. 99-26, § 2, 11-18-99; Ord. No. 04-46, § 2, 11-4-04; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 08-29, § 2, eff. 2-1-09; Ord. No. 10-9, § 2, Item A(10-0170), 5-27-10, eff. 10-1-10)