Sec. 27.279. - Assurance of faithful performance of imposed conditions.

Whenever the planning commission (or planning director for conditional uses subject to director review and approval) grants or modifies a variance or conditional use permit, and the grant or modification of said variance or conditional use permit is subject to one or more conditions, the planning commission (or planning director) may require that the applicant or owner of the property file with the city clerk a corporate surety bond, deposit of money, or savings and loan certificates or shares in an amount guaranteeing the faithful performance of said conditions.

(Ord. No. 2008-04 § 1.)

Sec. 27.280. - Expiration date of a variance or conditional use permit.

A variance or conditional use permit which is not used within the time specified in said permit, or if no time is specified, within two years after the granting of said permit, becomes null and void and of no effect, except that the planning commission (or planning director for conditional uses subject to director review and approval) may extend such expiration date upon written request for an additional period not to exceed six months.

(Ord. No. 2008-04 § 1.)

Sec. 27.281. - Termination of conditional use permit.

A conditional use permit shall cease to be of any force and effect if the use has ceased, or has been suspended for a consecutive period of two or more years.

(Ord. No. 2008-04 § 1.)

Sec. 27.282. - Maintenance of a nuisance.

Neither the provisions of this zoning ordinance nor the granting of any variance or conditional use permit authorizes or legalizes the maintenance of a nuisance, either public or private.

(Ord. No. 2008-04 § 1.)

Sec. 27.283. - Regulations apply to conditional use permits and variances.

Unless specifically modified by a conditional use permit or variance, all regulations prescribed in the zone in which such conditional use permit or variance is located shall apply.

(Ord. No. 2008-04 § 1.)

Sec. 27.284. - Revocation of a variance or conditional use permit.

The planning commission (or planning director for conditional uses subject to director review and approval) may revoke any previously granted variance or conditional use permit if the planning commission (or planning director) makes findings that:

1.

Such variance or conditional use permit was obtained by fraud.

2.

Such variance or conditional use permit has not been used within two years after the granting thereof.

3.

Conditions relative to the subject property have changed and the variance or conditional use permit would no longer apply to the subject property.

4.

The conditions which were attached to the variance or conditional use permit approval have not been complied with.

(Ord. No. 2008-04 § 1.)

Sec. 27.285. - Notice of action taken on revocation.

The planning director shall notify in writing the person owning or operating a use for which a variance or conditional use permit was revoked, including such other persons known to the planning director as having any right, title, or interest in the property.

(Ord. No. 2008-04 § 1.)

Sec. 27.286. - Effective date of revocation.

An order by the planning commission (or planning director for conditional use subject to director review and approval) revoking a variance or conditional use permit shall become final and effective fifteen days after receipt by the owner or operator of such use of a written notice of the action taken, provided no appeal of the action taken has been filed within the said fifteen days.

(Ord. No. 2008-04 § 1.)

Sec. 27.287. - Appeal of planning commission or planning director decisions.

(a)

Within fifteen days after the planning commission or planning director has taken action on an application, any person dissatisfied with the action may file a written appeal with the city clerk appealing said decision to the city council if it was a planning commission action, or to the planning commission if it was a planning director action.

(b)

Upon the filing of a notice of appeal, the city clerk shall set the matter for hearing before the city council or planning commission, whichever is applicable, within thirty days.

(Ord. No. 2008-04 § 1.)

Sec. 27.288. - Points considered on appeal.

After hearing an appeal, the city council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made. The city council's decision on appeal shall not be limited to the points appealed, but may cover all phases and aspects of the matter, including the addition or deletion of any condition.

(Ord. No. 2008-04 § 1.)

Sec. 27.289. - Finality of decisions regarding appeals.

The decision of the city council, upon an appeal from an action of the planning commission, is final and conclusive as to all things involved in the matter.

(Ord. No. 2008-04 § 1.)

Secs. 27.290—27.299. - Reserved.

Article XX. - Administration of Zoning—Zoning Ordinance Enforcement.