Chapter 11.46
REVOCATION OR EXPIRATION OF PERMITS OR VARIANCES

Sections:

11.46.010    Grounds for revocation of permits or variances.

11.46.020    Status of unexercised grant of exception or variance.

11.46.030    Expiration of permit or variance.

11.46.040    Appeal procedure for revocation of conditional use permits.

11.46.050    Limitation on reapplication for conditional use permit, variance or unclassified use permit after revocation.

11.46.010 Grounds for revocation of permits or variances.

The planning commission may, after a public hearing held in the manner prescribed in Chapter 11.38 governing variances and conditional use permits, revoke or modify on any one or more of the following grounds any conditional use permit or variance previously issued:

(1)    That the approval was obtained by fraud.

(2)    That the use for which such approval was granted is not being exercised.

(3)    That the use for which such approval was granted has ceased to exist or has been suspended for one (1) year or more.

(4)    That the conditional use permit or variance is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation.

(5)    That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

(Ord. 824 § 2300; 2-8-60)

11.46.020 Status of unexercised grant of exception or variance.

Any unexercised grant of exception or variance granted more than one (1) year preceding the effective date of the ordinance codified in this title is revoked on the effective date of the ordinance codified in this title; any unexercised grant of exception or variance granted within one (1) year preceding the effective date of the ordinance codified in this title and which has not been substantially exercised within ninety (90) days following the effective date of the ordinance codified in this title shall be null and void.

(Ord. 824 § 2301; 2-8-60)

11.46.030 Expiration of permit or variance.

Any conditional use permit or variance granted by the planning commission or city council becomes null and void if not exercised within the time specified in such conditional use permit or variance, or if no date is specified, within one (1) year from the date of approval of said conditional use permit or variance.

(Ord. 824 § 2302; 2-8-60)

11.46.040 Appeal procedure for revocation of conditional use permits.

The order of the planning commission in revoking or modifying a conditional use permit or variance shall become final and effective ten days after the date of notification to the interested party unless within such ten-day period an appeal in writing is filed with the city clerk by either an applicant or an opponent. The filing of such appeal within such time limits shall stay the effective date of the order of the planning commission until such time as the city council has acted upon the appeal. The procedures for the appeal to the city council shall be the same as set forth in Section 11.38.110 to and including Section 11.38.160.

(Ord. 1555 § 1, 2-14-83)

11.46.050 Limitation on reapplication for conditional use permit, variance or unclassified use permit after revocation.

The planning commission shall not, for a period of one year following the effective date of revocation by the planning commission or city council of a conditional use permit or variance, consider any new application for a conditional use permit or variance which is substantially identical to that which has been revoked and which affects the same property. As used herein, the term "conditional use permit" shall be deemed to include "unclassified use permits."

(Ord. 1853 § 1, 11-13-90)