(a) Expirations
Any Variance, Conditional Use Permit, or Temporary Use Permit which is not exercised within the time specified in the grant of approval or, if no time is specified, within two (2) years of the effective date of such approval, shall be terminated. For purposes of this Section, "exercised" means the commencement of construction activity and/or establishment of the use or activity authorized by the grant of approval.
(b) Extensions
The Planning Commission may extend such approval for a period of time not to exceed two (2) years, provided an application requesting the extension is filed prior to the original expiration date.
(c) Revocations
(1) Authority
The Planning Commission, or the City Council on appeal, may, after required public hearings have been held and action has been taken in the manner prescribed in this Zoning Code, revoke or modify any Variance, Conditional Use Permit, or Temporary Use Permit, or revoke the status of a legal nonconforming use or structure, on one or more of the following grounds:
(A) That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or
(B) That the Variance, Conditional Use Permit, Temporary Use Permit, or legal nonconforming status is being or recently has been exercised contrary to, or in violation of, the terms or conditions of such approval or other authorization; or
(C) That the Variance, Conditional Use Permit, Temporary Use Permit, or legal nonconforming status is being or recently has been exercised in violation of any statute, law, or regulation; or
(D) That the use for which approval was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance.
(E) Violations of any conditions of approval for any permit shall be addressed in the same manner as violations of the Code.
(2) Proceedings
(A) Hearing Required
The Planning Commission secretary shall schedule a hearing before the Planning Commission to consider the revocation, pursuant to the provisions of Chapter 17.100 of this Zoning Code. Noticing shall be required only of the owner or owners of the property affected by the variance, permit, or nonconformity, notwithstanding the provisions of Section 17.100.040.
(B) Findings Required
In acting to revoke a Variance, Conditional Use Permit, Temporary Use Permit, or legal nonconforming status of a use or structure, the Planning Commission shall make written findings citing the reasons for the revocation.
(3) Effective Date
(A) A revocation of a Variance, Conditional Use Permit, Temporary Use Permit, or legal nonconforming status of a use or structure shall not become effective until the Planning Commission has adopted a Resolution revoking such approval or status, and until the time period to appeal the Commission's decision to the City Council has lapsed with no appeal being filed.
(B) In the event an appeal of the Planning Commission's decision is appropriately filed, the revocation will become effective when the City Council adopts a Resolution revoking such approval or status.
(C) The City Clerk shall notify the property owner in writing of the Planning Commission's and City Council's action.
(4) Right of Appeal
The property owner, applicant, or other interested party may appeal to the City Council a decision of the Planning Commission to revoke or not revoke a Variance, Conditional Use Permit, Temporary Use Permit, or legal nonconforming status of a use or structure. The appeal shall be filed and considered in accordance with the provisions of the Adelanto Municipal Code.
[Ord. No. 515, Exhibit M, 5/22/13.]