(A) Conformity with permit. Any use permitted under the terms of any CUP or IUP shall be established and conducted in conformity with the terms of the permit and of any condition designated in connection therewith. Any deviation from the conditions or uses approved may be considered grounds for suspension or termination of the CUP or IUP by the County Board. The action shall occur by order of the County Board. The Board may call a public hearing prior to termination of a permit.
(B) Expiration of CUP or IUP . Unless significant work has been done within six months from the date of adoption of the Board order, the permit shall become null and void, unless a petition for extension of time in which to complete the work has been granted by the County Board. In cases where significant action clearly has not been taken to place a permit into effect and an extension has not been granted by the County Board, the Department shall, after appropriate investigation and 30-day written notice to the present property owner, file a notice of termination in the Office of the County Recorder. In cases where a use provided for by a CUP or IUP will no longer be conducted due to an irreversible change in circumstance or when the current owner of the property so requests, the Department shall, after a 30-day notice to the present property owner, file the appropriate termination documents in the Office of the County Recorder.
(C) Request for extension. A holder of a conditional or interim use may request an extension of the time to do significant work to place the permit into effect for up to one year. The request shall be in writing and shall be filed with the Department at least 30 days before the CUP or IUP is due to become null and void. The request for extension shall state facts showing a good faith attempt to do significant work toward meeting the specifications and conditions of the permit. The request shall be presented to the County Board for a decision.
(D) Permit review. Conditional or interim use permits may be reviewed on a periodic basis or when it is brought to the attention of the Department that the permittee is deviating from any conditions or uses approved for the CUP or IUP. Periodic permit review shall fall into one of the following classifications:
(1) Administrative review. The Department may conduct a site inspection, review current aerial photos, review current permit conditions, review complaint and database records, and/or request information from the landowner or permittee. The Department may also contact the affected township for input on the standing of the permit. All permits are subject to administrative review.
(2) Compliance review. The Department would typically conduct an annual site inspection; review the conditions of the permit to determine compliance status; contact the permit holder regarding associated insurance and/or surety documentation; and notify the affected township of the compliance review. Permits requiring any type of renewal under previous ordinances, or permits with a condition specifying the compliance review requirement shall fall into this classification.
(E) Duration of permit. A CUP shall remain in effect for so long as the conditions agreed upon are observed. At the time designated for the IUP to expire, the Department will conduct an inspection of the site. If the Department finds that the use is still compatible, and is not creating an adverse affect on the surrounding area, the applicant may apply for an extension. A reapplication for an IUP shall be administered in the same manner as the original IUP application.
(F) New owner, permittee or operator. A new landowner or individual assuming the role as permittee is required to contact the Department to review the conditions and current status of the CUP, and to determine whether there is a need for additional applications pertaining to amendments or additional permits.
(G) Amendments. Nothing in this section shall prevent the Board from enacting or amending official controls to change the status of conditional or interim uses.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)