A Conditional Use Permit may be revoked by the Planning Commission only for cause, consisting of failure to maintain the standards or conditions under which the CUP was issued, and according to the following procedure:
1. A notice of intent to revoke a CUP shall be sent by the City Planner to the person that holds the CUP. The notice shall be in writing and sent via certified mail or hand delivery, and shall specify the area or areas of failure to meet requirements and maintain conditions that may have been imposed and provide a deadline for compliance.
2. If, prior to the deadline, proof of compliance is made by the holder of the CUP, the CUP shall be continued in force.
3. Upon notice of intent to revoke, the holder of a CUP has the right to request a public hearing. If such a request is made, the Planning Commission shall hold a public hearing on the matter and make a final determination on the revocation.
4. If, upon receiving a notice of intent to revoke, the holder of a CUP requests a public hearing, the City Planner shall send, by certified mail postmarked a minimum of ten (10) days prior to the date of the Planning Commission revocation public hearing, a notice of the date, place, and time of such public hearing to such holder and to each owner of record of each parcel situated within two hundred and fifty (250) feet of the subject property, exclusive of rights-of-way.
5. If, following notice, the holder of a CUP does not assert his or her right to a public hearing, the CUP shall be deemed to be revoked on the thirty-first (31st) day following the notice.
(Ord. 910 (part), 2024: Ord. 805, 2018)