(a) In the event the Zoning Inspector determines within one year of issuance that a zoning permit or certificate was erroneously issued based upon either misrepresentation by the applicant (whether willful or unintentional), mistake of fact, or mistake of law, then the Zoning Inspector may seek revocation of such zoning permit.
(b) Such revocation shall be accomplished by notice in writing to the owner stating the following:
(1) The error alleged to have occurred in the issuance of the permit.
(2) The zoning violation which arises from such error.
(3) The remedies, if any, the owner must follow in order to eliminate the violation.
(4) Recitation of the owner’s right to appeal as set forth herein.
(c) Such notice shall be either hand-delivered to the owner or sent to him at his last known address by certified mail, return receipt requested.
(d) If, within thirty days of receipt of the notice, the owner makes a written request to the Zoning Board of Appeals for an appeal of the Zoning Inspector's decision, such owner shall be entitled to a public hearing before the Zoning Board of Appeals which shall thereafter determine, by majority vote, whether or not the owner's zoning certificate should be revoked. Notice of the public hearing shall be issued in the same manner as notice for a variance request under this Planning and Zoning Code.
(e) In making its decision, the Zoning Board may permit the nonconforming use to continue only upon the owner complying with certain conditions.
(f) Factors which shall be considered by the Zoning Board in reaching its decision include:
(1) The extent to which the owner has acted in reliance upon the previously issued permit.
(2) The extent to which the owner or Village officers are at fault in the issuance of the permit.
(3) The impact the nonconforming use may have upon surrounding properties if permitted to continue.
(4) The cost and burden on the owner of any corrective measures.
(5) The impact the continuation of the nonconforming use would have upon public health, safety, and welfare and upon the spirit and intent of the Zoning Code.
(g) In the event the owner fails to request a hearing before the Zoning Board of Appeals within the time limit permitted in this section, then the Zoning Inspector may issue an order revoking such zoning certificate which shall be enforceable in accordance with the provisions of this Zoning Code.
(Ord. 1696-91. Passed 11-25-91.)