Chapter 10.122 — PERMIT REVOCATIONS AND MODIFICATIONS

This Chapter provides procedures for securing revocation or modification of previously approved permits or approvals. (Ord. 935 § 3 (part), 2015)

The City’s action to revoke a permit or approval shall have the effect of terminating the permit and denying the privileges granted by the original approval. (Ord. 935 § 3 (part), 2015)

The City’s action to modify a permit or approval, may include any operational aspect of the project, including buffering for sight and sound control, duration of the permit or approval, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surface materials, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the permit is operated in a manner consistent with the original findings for the approval. (Ord. 935 § 3 (part), 2015)

A. Permits. A Conditional Use Permit, Minor Use Permit, Planned Development Permit, Reasonable

Accommodation, Site Plan and Design Review, Temporary Use Permit or other City permit or approval (except a Variance or Minor Variance, see Subsection B., below) may be revoked or modified by the Review Authority (e.g., Director, Commission, or Council) that originally approved the permit, if the Review Authority first makes any one of the following findings:

1. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the revocation or modification;

2. The permit or approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval;

3. One or more of the conditions of approval of the original permit or approval have not been fulfilled or have been violated;

4. The use for which the approval was granted is not being exercised;

5. The use for which the approval was granted has ceased to exist or has been suspended for at least 180 days;

6. The permit or approval granted is being, or recently has been exercised contrary to the terms of the conditions of the approval, or in violation of any State or Federal statutes or law, City ordinances, laws and regulations; or

7. The use for which the approval was granted was so exercised as to be detrimental to the public health, safety, or welfare, or so as to constitute a public nuisance.

B. Variances. A Variance or Minor Variance may be revoked or modified by the Review Authority which originally approved the Variance or Minor Variance, if the review authority first makes any one of the following findings, in addition to any one of the findings specified in Subsection A., above:

1. Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more findings necessary for the approval can no longer be made, and the grantee has not substantially exercised the rights granted by the Variance or Minor Variance; or

2. One or more of the conditions of the Variance or Minor Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance or Minor Variance.

C. Hearings and Notice.

1. The appropriate Review Authority shall hold a public hearing to revoke or modify a permit or approval granted in compliance with the provisions of this Zoning Code. The hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings).

2. Ten days before the public hearing, notice shall be delivered in writing to the applicant for the permit or approval being considered for revocation or modification, and/or owner of the property for which the permit was granted. The only exception to the 10-day notice provision shall be for Temporary Use Permits which, because of their short term nature, shall only require a 24-hour notice. (Ord. 935 § 3 (part), 2015)