Article IV — Revocation, Modification and Expiration

• A. Upon recommendation by the director, the body which initially granted any variance or conditional use permit, shall conduct a noticed public hearing to determine whether such variance or conditional use permit, should be revoked. The revocation procedure shall apply to permits or variances granted prior to the adoption of the regulations codified in this chapter. If the granting body finds any one of the following facts to be present, it shall revoke the variance or conditional use permit:

  1. That the variance or permit was obtained by fraud; or

  2. That the use for which such approval was granted has ceased to exist; or

  3. That the permit or variance granted is being, or has been, exercised contrary to any conditions imposed upon such permit or variance, or in violation of any laws; or

  4. That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or as to constitute a nuisance.

• B. Any determination made by the planning commission pursuant to this chapter shall be final and conclusive unless an appeal of the commission's determination is filed as set forth in Chapter 2.100 of Title 2 of this code.

(Prior code § 9280; Ord. 1214 § 31, 2016)

Any variance or conditional use permit shall be null and void if the use permitted thereunder is not exercised within the time specified in the resolution approving such variance or conditional use permit, or if no time is so specified, if the same is not exercised within one year from the date such variance or permit is granted. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed by this section, once, for a period of not to exceed one year. Provided that if litigation is filed prior to the exercise of such rights, attacking the validity of such

variance or permit, the time for exercising such rights shall be automatically extended pending a final determination of such litigation. (Prior code § 9281)

Any condition imposed upon the granting of a variance or conditional use permit, including such granted prior to the adoption of the regulations codified in this chapter, may be modified or eliminated, or new conditions may be added; provided, that the granting body shall first conduct a public hearing thereon, in the same manner as is required for the granting of the same. No such modification shall be made unless the granting body finds that such modification is necessary to protect the public peace, health and safety, or, in case of deletion of such a condition, that such action is necessary to permit reasonable operation under the variance or conditional use permit as granted. If the modification hearing is conducted by the commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Article III of this chapter. (Prior code § 9282)