A. Permit Revocation or Modification. A land use permit or entitlement may be revoked or modified by the review authority (e.g., Director, Commission, or Council) that originally approved the permit or entitlement, if any one of the following findings can be made:
1. Circumstances under which the permit or entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the public health, safety, and general welfare require the revocation;
2. The permit or entitlement was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement(s) in the application or in the applicant's testimony presented during the public hearing for the permit or entitlement;
3. One or more of the conditions of the permit have not been substantially fulfilled or have been violated;
4. The use or structure for which the permit was granted has ceased to exist, or has been suspended for at least one year, as defined in § 17.610.015 (Loss of Nonconforming Status);
5. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute; or
6. The improvement/use allowed by the permit has become detrimental to the public health, safety, or general welfare, or the manner of operation constitutes or is creating a nuisance.
B. Administrative Modification or Variance Revocation/Modification. An Administrative Modification or Variance may be revoked or modified by the review authority that originally approved the permit or entitlement, if any one of the following findings can be made, in addition to those outlined in § 17.660.015.A.1. through 6. above:
1. Circumstances under which the permit or entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Administrative Modification or Variance; or
2. One or more of the conditions of the Administrative Modification or Variance have not been met or have been violated, and the grantee has not substantially exercised the rights granted by the Administrative Modification or Variance.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)