(A) The Planning Commission, on its own motion may, and upon the direction of the Council shall, hold a hearing upon the question of the revocation of a variance granted under, or pursuant to, the provisions of this chapter.
(B) Written notice of such public hearing shall be served on the owner of the property for which such variance was granted, at least ten days before such public hearing. The notice may be served either personally or by registered mail, postage prepaid, return receipt requested.
(C) A variance, whether granted automatically for a nonconforming prior use, or pursuant to a hearing, may be revoked if the Commission and Council find:
(1) That the use is detrimental to the public health or safety or is a nuisance;
(2) That the variance was obtained by fraud;
(3) That the use for which the variance was granted is not being exercised;
(4) That the use for which the variance was granted has ceased, or been suspended for one year or more;
(5) That the condition of the improvements, if any, on a property for which a nonconforming variance is operative is such that they can be used or altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.
(D) After a hearing upon the revocation of a variance, the Planning Commission shall report its findings of fact and recommendations, the Council shall determine the facts and may revoke, modify or allow to remain unchanged the variance in accordance with the Commission’s final determination in such matters.
(`78 Code, § 17.96.160.)