Bradbury Municipal Code § 9.19.020 Revocation of variances and conditional use permits

This chapter provides procedures for securing revocation or modification of previously approved variances or conditional use permits.

(Ord. No. 297, § 9.02.060.010, 3-20-2007)

Upon recommendation by the City Manager, the body which granted a variance or conditional use permit shall conduct a noticed public hearing, in the manner as required for the granting of the same, to determine whether such variance or conditional use permit should be revoked. This revocation procedure shall apply to permits or variances granted prior to as well as after the adoption of these regulations. 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;

(2) That the use for which such approval was granted has ceased to exist; or has been voluntarily discontinued for a period of six months or more;

(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 law; 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.

If the revocation hearing is conducted by the Planning Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Chapter 16 of this title.

(Ord. No. 297, § 9.02.060.020, 3-20-2007; Ord. No. 375, § 7, 5-18-2021)

Any condition imposed upon the granting of a variance or conditional use permit, including such granted prior to the adoption of these regulations, may be modified or eliminated, or new conditions may be added, provided that the granting body shall first conduct a noticed 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 Planning Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Chapter 16 of this title.

(Ord. No. 297, § 9.02.060.030, 3-20-2007; Ord. No. 375, § 7, 5-18-2021)