Division 2.05 — City Initiated Modification or Revocation

The purpose of this Division is to:

A. Establish procedures for securing disciplinary or punitive modification or revocation of a previously granted Conditional Use Permit, or Historic Preservation—Certificate of Appropriateness or Certificate of Economic Hardship; and

B. Establish procedures for the revocation of Conditional Use Permits, for which the land use granted has been abandoned.

A. Conditional Use Permit.

     1.      Disciplinary or Punitive Modification.

           a.     The Approving Authority shall have authority to add, delete, or modify

conditions of approval imposed upon a previously granted Conditional Use Permit, based upon one or more of the following causes of action:

                    (1)    The Conditional Use Permit granted is being, or has recently been

exercised contrary to the terms and/or conditions of application approval;

                    (2)    The Conditional Use Permit granted is being, or has recently been

exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or

                    (3)    The Conditional Use Permit granted was exercised in a way that is

detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.

           b.     The action to modify a Conditional Use Permit shall have the effect of

changing the physical and/or operational aspects of the Conditional Use Permit. The changes may include the physical and/or operational aspects related to noise, buffers, duration of the permit, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the Conditional Use Permit is implemented in a manner consistent with the original findings for approval, and all conditions of project approval.

     2.      Disciplinary or Punitive Revocation.

Ontario Development Code Page 2.05-1 (Rev. 12.01.2020)