§ 88-525-13. REVOCATION

88-525-13-A. GROUNDS FOR REVOCATION

Any special use permit granted by the board of zoning adjustment is subject to revocation for any of the following reasons:

1.

non-compliance with any condition of approval;

2.

a change from the approved use for which the permit was issued resulting in a change in impact upon the surrounding neighborhood;

3.

violation of any provision of this chapter; or

4.

violation of any provision of the code of ordinances pertaining to the use of land and construction or uses of buildings or structures.

5.

the use allowed by the permit is discontinued for a period of 90 days.

Changes in tenancy, ownership, or management shall not be grounds for revocation.

88-525-13-B. PROCEDURE FOR REVOCATION

1.

The city planning and development director may initiate revocation proceedings upon receiving complaints or information that any of the grounds for revocation exist.

2.

The city planning and development director shall mail a notice of intent to revoke to the property owner's last known address stating the grounds for the intended revocation, and the date, time and place of the hearings. Additional notice shall be given in accordance with 88-525-05.

3.

The city plan commission will meet to review the recommendation of the city planning and development director and the property owner's response and prepare a recommendation for consideration by the board of zoning adjustment. The city plan commission's recommendation may be to revoke, to allow the special use to continue with additional conditions, or to deny the revocation.

4.

The board of zoning adjustment must hold a public hearing on the proposed revocation of the special use permit. Following the close of the hearing, the board of zoning adjustment must act with a 4/5 vote to revoke, to allow the special use to continue with additional conditions, or to deny the revocation.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 151013, § A, 12-10-2015)