Chapter 18.46 — REVOCATION AND EXPIRATION OF PERMITS AND VARIANCES

These regulations are intended to provide a procedure for the orderly and lawful revocation or expiration of permits and variances granted pursuant to the provisions of this Ordinance. (Ord. 501 Sec. 8 (part), 1983)

These provisions shall govern the revocation or expiration of any permit or variance granted under the terms of this Ordinance; and are also applicable to site plan approvals, architectural approvals,

and similar use determinations. (Ord. 501 Sec. 8 (part), 1983)

The Commission on its own motion may, or upon the direction of the City Council shall, hold a hearing upon the revocation of a permit hereafter granted by or pursuant to the provisions of this Article.

• (1) Written notice of time and place of the hearing shall be served upon the owner of the property for which a permit has been the manner required for the service of summons or by registered mail, postage prepaid. The notice and procedure of such hearing shall be as required for the granting of such permit or variance.

• (2) Any permit or variance granted under the terms of this Ordinance may be revoked by the Planning Commission upon finding any one of the following to be true:

  • (a) That the use is detrimental to the public health, safety, welfare and public convenience or is a public nuisance.

  • (b) That the permit or variance was obtained by fraud.

  • (c) That the use is being conducted in violation of the terms and conditions of the permit.

  • (d) That the use for which the permit was granted has ceased or has been suspended for one year or more.

• (3) Any action of revocation taken by the Planning Commission shall be final unless appealed to the City Council by procedure set out in granting of said permit or variance. The City Council shall base their decision on the Planning Commission record and the findings noted within this Section.

• (Ord. 501 Sec. 8 (part), 1983)

Any permit or variance that is granted shall be used within two years from the effective date thereof, or within such time as may be set in the conditions of approval, which shall not exceed a total of five years, except that a permit or variance in connection with a land division shall remain in effect during the same period of time that the land division is in effect. The term "used" shall mean the beginning of substantial construction of the use for which the permit or variance has been granted, which constructed must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized permit or variance, or the recording of the final or parcel map in connection with an approved land division.

(Ord. 501 Sec. 8 (part), 1983)