Chapter 22.96
REVOCATION
Sections:
22.96.003 Initiation of a revocation.
22.96.004 Grounds for revocation.
22.96.005 Submittal requirements.
22.96.001 Purpose.
The purpose of this chapter is to establish procedures to be followed when action is initiated to revoke a discretionary land use permit. (Ord. 1246 § 26, 2000).
22.96.002 Authority.
The city council may revoke or modify a Type III-B or Type IV permit approval when it has determined that one or more of the grounds listed in FMC 22.96.004 exist. The hearing examiner may revoke or modify a Type III-A permit approval when it has determined that one or more of the grounds listed in FMC 22.96.004 exist‘. The director may revoke or modify a Type II approval when it has determined that one or more of the grounds listed in FMC 22.96.004 exist. (Ord. 1638 § 63, 2019; Ord. 1246 § 26, 2000).
22.96.003 Initiation of a revocation.
Revocation may be initiated by a request from an adversely affected property owner or other aggrieved party or a motion by either the hearing examiner or city council. (Ord. 1638 § 64, 2019; Ord. 1246 § 26, 2000).
22.96.004 Grounds for revocation.
A revocation or modification of a discretionary land use permit by the appropriate review authority shall be made on any one or more of the following grounds:
(a) The approval was obtained by deception, fraud or other intentional or misleading representations;
(b) The use for which the approval was granted has ceased to exist or has been suspended for six months or more;
(c) The use for which the approval was granted is being, or has recently been, exercised contrary to the terms or conditions of the approval, or in violation of any statute, ordinance, resolution, code, law or regulation; or
(d) The use for which the approval was granted was exercised in a manner as to be detrimental to the public health, safety, morals or general welfare. (Ord. 1246 § 26, 2000).
22.96.005 Submittal requirements.
A request for a revocation by an adversely affected property owner or other aggrieved party shall be submitted on forms provided by the department. The party requesting the revocation shall submit a statement indicating the specific grounds listed in FMC 22.96.004 which provide the basis for the request. Based on a preliminary review of the request, the director may determine that additional information is necessary to complete the review and shall be provided by the party requesting the revocation. (Ord. 1246 § 26, 2000).
22.96.006 Procedures.
Review of a motion, recommendation or request for revocation by the appropriate review authority shall be conducted in the same manner as was required for the initial consideration of the discretionary land use permit. Procedures concerning public notice, reporting and appeals shall be the same as for the initial review. (Ord. 1246 § 26, 2000).