§ 22.238

This Chapter establishes procedures for the County to modify or revoke any discretionary permit or review which was granted by the Board, Commission, or Hearing Officer. These actions, which supplement Chapter 22.242 (Enforcement Procedures), are intended not only to serve a corrective purpose, but also as a deterrent to violating this Title 22.

(Ord. 2019-0004 § 1, 2019.)

22.238.020 - County Action.

A.

Modifications. The County's action to modify a permit or review approval shall have the effect of modifying individual conditions while allowing the remaining privileges granted by the original approval.

B.

Revocations. The County's action to revoke a permit or review approval shall have the effect of terminating the approval and denying the privileges granted by such approval.

(Ord. 2019-0004 § 1, 2019.)

A.

A modification or revocation of a discretionary permit or review may be initiated:

1.

If the Board instructs the Commission to set the matter for a public hearing and recommendation;

2.

Upon the initiative of the Commission; or

3.

Upon the initiative of the Director.

B.

If, in the course of a modification or revocation proceeding, the applicant requests a revision to the approved Conditional Use Permit, the applicant shall file a Conditional Use Permit (Chapter 22.158) application.

(Ord. 2019-0004 § 1, 2019.)

22.238.040 - Grounds for Modifications or Revocations.

A.

After a public hearing is held in accordance with this Chapter, the Commission may modify or revoke any discretionary permit or review which has been granted by the Board, Commission, or Hearing Officer pursuant to this Title 22, on any one or more of the following grounds:

1.

That such approval was obtained by fraud;

2.

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

3.

a.

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

b.

Subsection A.3.a, above, does not apply to a surface mining operation for which a valid permit is in full force and effect, or for which a valid, unexpired zone exception was granted prior to November 23, 1970, or which was lawfully established in former Zone Q, provided such operation complies with the requirements of Chapter 22.190 (Surface Mining Permits) for intermittent mining operations and if from the cessation of use the outer boundaries of the premises have been continuously posted with signs as described Section 22.190.050.I (Boundary Markers);

4.

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 of conditions of such approval, or in violation of any statuette, ordinance law, or regulation; or

5.

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 as nuisance.

B.

In all cases where the Director determines that it is in the public interest or where the Board, either individually or collectively, requests it, a public hearing shall be scheduled before the Commission. In such case, all procedures relative to notification, public hearing, and appeal shall be the same as for a Conditional Use Permit (Chapter 22.158). Following the public hearing, the Commission shall approve or deny the proposed modifications and/or revocation, based on the findings required by this Section.

(Ord. 2022-0008 § 129, 2022; Ord. 2019-0004 § 1, 2019.)

22.238.050 - Nonconforming Uses and Structures—Additional Grounds.

In addition to Section 22.238.040 (Grounds for Modifications or Revocations), a nonconforming use or structure may be modified or revoked after the 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 these uses permitted in the zone where it is located would not impair the constitutional rights of any person; or

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.

(Ord. 2022-0008 § 130, 2022; Ord. 2019-0004 § 1, 2019.)

22.238.060 - Commercial or Industrial Uses.

A.

This Section provides a just and equitable method to be cumulative with any other remedy available for the abatement of certain nuisance activities. These include existing land uses which have become public nuisances or are being operated or maintained in violation of any other provision of law.

B.

Notwithstanding any other provision of this Title 22 to the contrary, the Commission may recommend to the Board the modify, revoke, or order the removal of a commercial or industrial use if the Commission finds that as operated or maintained, such use:

1.

Jeopardizes or endangers the public health or safety of persons residing or working on the premises or in the surrounding area;

2.

Constitutes a public nuisance;

3.

Has resulted in repeated nuisance activities including but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, loud noises in late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests; or

4.

Violates any provision of any federal, State or County regulation, ordinance, or statute.

(Ord. 2022-0008 § 131, 2022; Ord. 2019-0004 § 1, 2019.)

22.238.070 - Public Hearing and Action.

A.

Public Hearing Procedure.

1.

Public Hearing.

a.

A public hearing shall be held in compliance with Section 22.222.120.B (Public Hearing).

b.

The Commission may continue the public hearing in compliance with Section 22.222.120.C.1 if, for any reason, the testimony of any case set for public hearing cannot be completed on the appointed day.

2.

Notice Requirements. In addition to Section 22.222.120.B.2 (Notice of Public Hearing), the Director shall also serve notice upon every person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed, or other lien or encumbrance of record, the holder of any lease of record, the record holder of any other estate or interest in or to the premises or any part thereof, written notice of the time and place of such hearing, either in the manner required by law for the service of summons, or by registered mail, postage prepaid:

a.

To appear at a public hearing at a time and place fixed by the Commission; and

b.

At the public hearing, to show cause why the permit should not be revoked or revised, or why the use, building, or structure should not be modified, discontinued, or removed, as applicable.

B.

Decision After Public Hearing.

1.

After the public hearing, the Commission shall approve or deny the modification or revocation of the subject use or structure.

2.

As part of any recommendation for modification, the Commission shall impose conditions as deemed appropriate.

3.

The decision shall be supported by written findings, in compliance with Section 22.222.200.A (Findings), including a finding that the action does not impair the constitutional rights of any person. However, the Commission may order that a use be discontinued or a building or structure removed only upon finding that:

a.

Prior governmental efforts to cause the owner or lessee to eliminate the problems associated with the premises have failed (examples include formal action by law enforcement, building and safety, or zoning officials); and

b.

That the owner or lessee has failed to demonstrate, to the satisfaction of the Commission, the willingness and ability to eliminate the problems associated with the premises.

C.

Notice of Action.

1.

The Commission shall issue and serve a notice of action in compliance with Section 22.222.220 (Notice of Action).

D.

Appeal and Board Action. If an applicant or an interested party disagrees with the decision of the Commission, the applicant or interested party may file an appeal with the Board in accordance with the procedures for the filing of appeals to the Board in Chapter 22.240 (Appeals).

(Ord. 2022-0008 § 132, 2022; Ord. 2019-0004 § 1, 2019.)

It shall be unlawful to violate or fail to comply with any requirement or condition imposed by final action of the Board pursuant to this Section. Such violation or failure to comply shall constitute a violation of this Title 22 and shall be subject to the same penalties as any other violation of this Title 22.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.240 - APPEALS