Chapter 18.152 — PERMIT MODIFICATIONS AND REVOCATIONS

• A. This chapter provides procedures for securing punitive modification or revocation of previously approved permits or approvals.

• B. A discretionary permit may be modified or revoked for cause as provided by this chapter.

• C. For purposes of this chapter, modification may include the modification of the terms of the permit itself or the waiver, alteration, and imposition of new or modified conditions.

• D. Any action to modify or revoke a permit or approval may be initiated by order of the Board, Commission, or Hearing Officer, on its own motion or at the request of the Director.

• (Ord. 1976 § 2, 2019)

The County's action to modify a permit or approval may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, outdoor lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit or approval is operated in a manner consistent with the original findings for approval.

(Ord. 1976 § 2, 2019)

The County's action to revoke a permit or approval shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval. The County's action to revoke a permit or approval shall be effective immediately upon the Review Authority's final action. (Ord. 1976 § 2, 2019)

Modifications or revocations may be made upon a finding of any one or more of the following grounds:

• A. Permits. An Administrative Permit, Conditional Use Permit, or other County planning permit or approval (except a Variance or Minor Deviation, see subsection B) may be modified or revoked by the Review Authority (e.g., Director, Hearing Officer, Commission, Board) 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 general welfare require the modification or revocation;

2. The permit or other approval was granted or extended, 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 the original permit or approval have not been substantially fulfilled or have been violated and/or the approved Zoning Clearance has not been followed;

4. The permit or any improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or

5. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or general welfare or the manner of operation constitutes or is creating a nuisance.

• B. Variances and Minor Deviations. A Variance or Minor Deviation may be modified or revoked by the Review Authority (e.g., Director, Hearing Officer, Commission, Board) that originally approved the Variance or Minor Deviation, if the Review Authority first makes any one of the following findings, in addition to any of the findings specified in subsection A :

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

2. One or more of the conditions of the Variance or Minor Deviation have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance or Minor Deviation in compliance with Section 18.130.070 (Expiration).

(Ord. 1976 § 2, 2019)

• A. Public Hearing.

  1. The appropriate Review Authority which originally granted the permit or approval shall hold a public hearing to modify or revoke a permit or approval granted in compliance with the provisions of this Zoning Code.

  2. The public hearing shall be noticed and conducted in compliance with Chapter 18.146 (Public Notices and Hearings).

• B. Mailing/Delivery of Notice.

  1. At least 10 days before the scheduled public hearing, notice shall be mailed or delivered to the owner as shown on the latest County equalized assessment roll and to the project applicant, if not the owner of the subject property, for which the permit or approval was granted.

  2. 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.

3. Notice shall be deemed delivered two days after being mailed through the United States Postal Service, postage paid, or by some other method providing for proof of delivery.

(Ord. 1976 § 2, 2019)

Any action to modify or revoke a permit or approval decided in compliance with this chapter may be appealed in compliance with Chapter 18.144 (Appeals). (Ord. 1976 § 2, 2019)