Rohnert Park Municipal Code Art. XIV Revocation and Modification Provisions

This section establishes the requirements and procedure for the revocation or modification of any permit or variance granted under this zoning ordinance.

(Ord. 695 § 3, 2003)

A. Revocation/modification for cause. A permit or variance may be revoked or modified for cause, including the imposition of new conditions upon a finding of any of the following grounds:

1. The permit or variance was issued on the basis of erroneous or misleading information, misrepresentation, or fraud.

2. A term of one or more of the conditions of approval of the permit or variance has been violated or relevant other laws or regulations have been violated.

3. The use or facility for which the permit was granted is so conducted or maintained so as to be detrimental to the public health, welfare, or safety so as to be deemed a nuisance.

4. There has been a discontinuance of the exercise of the entitlement granted by the permit for one hundred eighty calendar days.

B. Modification.

1. Any person who holds a permit or variance granted under this zoning ordinance may apply for a modification by following the same procedure required for the initial application for the permit.

2. No permit or variance may be modified within twelve months of its issuance nor more than once every twelve months unless determined to be necessary by the planning and community development director. No permit may be modified more than two times from its original issuance.

(Ord. 695 § 3, 2003)

A. An action to revoke or modify a permit for cause may be initiated by order of the planning commission or city council on its own motion. The order shall set a hearing date for the proposed revocation or modification.

B. The revocation or modification hearing shall be held before the planning commission with the right of appeal to the city council.

(Ord. 695 § 3, 2003)

The contents of the notice and the notice shall be given in the same manner required for a public hearing to consider approval (see Section 17.25.113). If no notice is required for the original permit, none shall be required for the revocation/modification hearing provided that notice shall be mailed to the owner of the use or structure for which the permit was granted at least ten days prior to the hearing.

(Ord. 695 § 3, 2003)

The person or public body conducting the hearing shall hear testimony of city staff and the owner of the use or structure for which the permit was granted, if present. At a public hearing, the testimony of any other interested person shall also be heard. All written material shall be submitted prior to the hearing unless the person or public body holding the hearing grants permission to submit the written material at later date.

(Ord. 695 § 3, 2003)

The person or body conducting the hearing shall revoke or modify the permit for cause upon making one or more of the findings set forth in subsection 17.25.141.A.

(Ord. 695 § 3, 2003)

Within thirty working days of the conclusion of the hearing, the person or public body that conducted the hearing shall render a decision and shall mail notice of the decision to the owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.

(Ord. 695 § 3, 2003)

A. A decision to revoke or modify a permit shall become final ten days after the date of the decision, unless appealed to the planning commission or city council in accordance with Chapter 17.25 Article XII.

B. A decision rendered by the city council is final and not appealable.

(Ord. 695 § 3, 2003)

The city's right to revoke or modify a permit or variance granted under the zoning ordinance shall be cumulative to any other remedy allowed by this code or any other applicable law.

(Ord. 695 § 3, 2003)