§ 18-16-404. Rescission, suspension, or modification of a variance or special exception.
   (a)   Grounds. On motion of the County or an aggrieved party, or on the Administrative Hearing Officer's own initiative, approval of an application for a rezoning, variance or special exception shall be rescinded, suspended, or modified if the Administrative Hearing Officer determines, after a hearing, that:
      (1)   the approval or grant was based on a fraudulent misrepresentation of material information in the application, testimony, administrative site plan, or other supporting documents; or
      (2)   the use of the property deviates from the approved administrative site plan, an allowed use under the rezoning, or any conditions imposed.
   (b)   Effect of rescission. If a rezoning, variance or special exception is rescinded, the use of the property shall comply with the zoning uses and regulations permitted for the property prior to the grant of rezoning, variance or special exception.
(Bill No. 4-05; Bill No. 16-08; Bill No. 60-10)