Article 34 — Revocations and Modifications

• (a) The purpose of Title 10 , Chapter 2 , Article 34 (Revocations and Modifications) is to identify procedures for securing punitive revocation or modification of previously approved entitlements.

• (b) The City's action to revoke an entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.

• (c) Modifications.

  • (1) The City's action to modify an entitlement rather than to revoke it shall have the effect of changing the operational aspects of the entitlement.

  • (2) The changes may include the operational aspects related to buffers, duration of the entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing and traffic circulation.

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 110, Ord. 941, eff. November 10, 2023)

The applicable review authority may hold a public hearing to revoke or modify any land use entitlements granted in compliance with the provisions of these Zoning Regulations. Fifteen days before the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the land use entitlement was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County, and/or the project applicant. The only exception to this notice requirement shall be for temporary use permits, which only require a 24 hour notice to the applicant.

• (a) A land use entitlement may be revoked or modified by the review authority (e.g., Director, Commission, or Council) which originally approved the entitlement, or the equivalent City review authority, for entitlements originally approved under the County's authority, if any one of the following findings are made:

  • (1) Circumstances under which the entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original entitlement can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require the revocation;

  • (2) The entitlement was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement;

  • (3) One or more of the conditions of the entitlement have not been substantially fulfilled or have been violated; and

  • (4) The improvement/use authorized in compliance with the entitlement:

    • (A) Is in violation of any Code, law, ordinance, regulation, or statute of the City, State, or Federal government,

    • (B) Has become detrimental to the public convenience, health, interest, safety, or welfare, or the manner of operation constitutes or is creating a nuisance, or

    • (C) Has ceased operation or has been abandoned for a minimum period of 180 consecutive days. Abandonment is generally evidenced by the actual removal of structures, machinery, furniture, equipment, or other components of the use, or where there are no business receipts/records available to provide evidence that the use remains in continual operation.

• (b) A minor variance or variance may be revoked or modified by the review authority which originally approved the entitlement, or the equivalent City review authority, for entitlements originally approved under the County's authority, if any one of the following findings are made:

  • (1) Circumstances under which the entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original entitlement can no longer be made in a positive manner, the public convenience, health, interest, safety, or welfare require the revocation, and the grantee has not substantially exercised the rights granted by the minor variance or variance; or

stances under which the entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original entitlement can no longer be made in a positive manner, the public convenience, health, interest, safety, or welfare require the revocation, and the grantee has not substantially exercised the rights granted by the minor variance or variance; or

• (2) One or more of the conditions of the minor variance or variance have not been substantially fulfilled or have been violated, and the grantee has not substantially exercised the rights granted by the minor variance or variance.

• (§ 3, Ord. 771, eff. February 13, 2004)

All revocation and modification actions shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Article 29 , Public Hearings; and Article 30 , Appeals. (§ 3, Ord. 771, eff. February 13, 2004)