A. Expiration.
1. Approval on a permit or variance shall become null and void and of no effect, within the time frame specified in Section 19.12.030 following its issuance, unless a shorter or longer time period is specifically prescribed in the conditions of permit or variance or the Section of the Municipal Code pursuant to which the permit or variance is issued, unless:
a. A building permit is filed and accepted by the City (fees paid and control number issued.) In the event that a building permit expires for any reason, the permit shall become null and void.
b. A permit or variance shall be deemed “vested” when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection or modification of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional use permit was granted and utilized has ceased or has been suspended for one year or more, the permit becomes null and void.
3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the approval, unless a different time period is specified in its issuance. A variance or exception from the parking and loading regulations, and a sign exception shall be valid only during the period of continuous operations of the use and/or structure for which the variance or exception was issued.
C. Violation. Once a permit or variance is effective, any and all conditions of approval imposed shall become operative, and the violation of any of them constitute a violation of this Code.
D. Revocation.
1. Process: In any case where, in the judgment of the Director, substantial evidence indicates that the conditions of a permit or variance have not been implemented, or where the permit or variance is being conducted in a manner detrimental to the public health, safety, and welfare, the Director shall set a date for a public hearing before the decision maker granting the original permit or variance, and notice a public hearing in accordance with Section 19.12.110, Noticing, of this code.
2. Findings: A permit may be revoked or modified if any one of the following findings can be made by the approval authority reviewing the revocation or modification proceedings:
i. That the permit was obtained by misrepresentation or fraud;
ii. That the improvement, use or activity authorized in compliance with the permit had ceased or was suspended for one year or more;
iii. That one or more of the conditions of the permit have not been met and/or have been violated; or
iv. That the owner or occupant of the property is conducting the use or any associated or other use of the property in violation of the local/state law.
In the case of revocation of a sign permit, the sign was abandoned for a period of thirty days.
(Ord. 20-2200, § 9, 2020; Ord. 17-2165, § 7, 2017; Ord. 16-2149, § 5, 2016; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)