Lancaster Municipal Code § 17.32.890 Grounds for

After a public hearing as provided for in this article, the commission may revoke or modify any nonconforming use or revoke or modify any permit, variance or other approval which has been granted by either the city council or the commission, pursuant to either the provisions of the ordinance codified in this title or of any ordinance superseded by the ordinance codified in this title on any one or more of the following grounds:

A. That such approval was obtained by fraud;

B. That the use for which such approval was granted is not being exercised;

C. That the use for which such approval was granted has ceased or has been suspended for one year or more.

This subsection does not apply to an exception (granted prior to November 23, 1970), or permit for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel, or any excavation for the purpose of obtaining clay, decomposed granite, or similar material, if from the cessation of use the outer boundaries of the premises have been continuously posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice, stating, in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height: "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant";

D. Except in case of a dedicated cemetery that any person making use of or relying upon the permit, variance, or other approval, is violating or has violated any conditions of such permit, variance or other approval, or that the use for which the permit, variance, or other approval was granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;

E. Except in the case of a dedicated cemetery, that the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to be a nuisance.

(Prior zoning ord. § 510.1)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

In addition to the grounds for revocation or modification contained in Section 17.32.890, a nonconforming use or structure may be revoked or modified after a public hearing if the commission finds:

A. That the condition of the improvements, if any, on the property are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person;

B. That the nature of the improvements are 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.

(Prior zoning ord. § 510.2)

Hearings on revocations or modifications of permits, variances or nonconforming uses or structures may be initiated:

A. If the city council instructs the commission to set the matter for a public hearing; or

B. Upon the initiative of the commission.

(Prior zoning ord. § 510.3)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

Notice of a public hearing on a revocation or modification shall be provided as follows:

A. To the same persons and in the same manner as required for a public hearing before the commission pursuant to 17.36.020; and

B. By such other additional means that the commission deems necessary.

(Prior zoning ord. § 510.4)

If for any reason, the testimony of any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may before adjournment or recess, publicly announce the time and place at which said hearing will be continued and no further notice thereof shall be required.

(Prior zoning ord. § 510.5)

Notice of the action taken by the commission shall be provided in accordance with the provisions of Section 17.36.020C.

(Prior zoning ord. § 510.6)

An order by the commission revoking or modifying a permit, variance, or nonconforming use or structure shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.

(Prior zoning ord. § 510.7)