Article 5 — Revocation — Avalon Zoning Code

§ 9-8.501. Revocation or Modification of a Variance, Conditional Use Permit or… ¶

[Ord. 672; § 2, Ord. 1144-15, eff. December 17, 2015]

The Commission on their own motion, or if instructed by the City Council, without the filing of an application, may revoke or modify any previously granted variance, conditional use permit, or nonconforming use after a public hearing if the Commission finds:

(a) That such variance, conditional use permit or nonconforming use was obtained by fraud; or
(b) That such variance, conditional use permit or nonconforming use was not being exercised; or
(c) That such variance, conditional use permit or nonconforming use has ceased or has been suspended for one year or more.
(d) If any provision of said variance or conditional use permit is held or declared to be invalid, said variance or conditional use permit shall be void and all privileges granted here-under shall lapse.
(e) If the Commission finds that any term and/or condition of approval of any variance, conditional use permit, or non-conforming use permit are being or have been violated, or that the exercise of any variance, conditional use permit, or non-conforming use permit constitutes, or is likely to constitute, a nuisance, the Commission may, at its sole discretion, revoke or modify such variance, conditional use permit, or non-conforming use permit.

§ 9-8.502. Additional Grounds for the Revocation or Modification of a Nonconforming Use. ¶

[Ord. 672]

A nonconforming use may also be revoked, after a public hearing, if the Commission finds:

(a) That the conditions of the improvement, if any, on the property are such that to require the property to be utilized only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person, or
(b) That the nature of said improvements is such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.

§ 9-8.503. Notice of Action of a Revocation. ¶

[Ord. 672]

(a) The Commission shall notify the person owning or operating a use for which a revocation or modification of a variance, conditional use permit, or nonconforming use, which was the subject of a public hearing for revocation or modification, and such other persons known to the Commission as having any right, title or interest in the property, of the action taken by the Commission.
(b) Said notification of the action by the Commission shall be made either by serving a notice in the manner required by the law for the service of a summons, or by mailing a written notice using registered or certified mail, postage prepaid, with a return receipt requested.

§ 9-8.504. Effective Date of a Revocation. ¶

[Ord. 672]

An order by the Commission revoking or modifying a variance, conditional use permit or nonconforming use shall become final and effective 15 days after receipt by the owner or operator of such use of a written notice of action taken on a case, provided no appeal of the action taken has been filed with the City Clerk within the said 15 days.