Once a special use permit is approved by the City Council for a specific location, the permit and each condition thereof shall be deemed continuing until the permit is revoked or otherwise terminated.
(A) Expiration. In any case where a special use permit has been approved, the special use permit shall terminate and the use of the property authorized by the special use permit shall be ended immediately if:
(1) Once a special use is established, a change in use occurs from the established special use to another use.
(2) An established special use is abandoned or discontinued for a period of 12 consecutive months.
(3) The special use is not established within 18 months of the date of final approval by the City Council. Within that period, if an applicant can show the Zoning Administrator that progress is being made towards establishing an approved special use, then the Zoning Administrator has the discretion to grant in writing one time extension for a reasonable period under the circumstances.
(B) Revocation. Violation of the conditions of a special use permit shall be deemed a violation of this chapter and shall be grounds for revocation of a special use permit.
(1) In the event of a violation of the special use permit or any condition thereof, the Zoning Administrator will notify the property owner of the violation in writing. If the violation specified in such notice is not corrected within 30 days after the notice is issued, then the Zoning Administrator shall cause a citation for such violation to be issued and served on the property owner at the location for which the permit was granted and the penalty provisions of this chapter shall apply; provided, however, that, if in the judgment of the Zoning Administrator, the violation cannot be corrected or the property owner has refused to correct the violation and the Zoning Administrator is satisfied that such violation will not be corrected under the circumstances, then the Zoning Administrator may elect to commence revocation proceedings.
(2) The Zoning Administrator commences revocation proceedings by filing a complaint with the Commission, alleging the facts and circumstances of the violation of the special use permit or any condition and requesting that the permit be revoked. Within ten days after filing such complaint, the Zoning Administrator shall cause a copy thereof to be served on the property owner, who shall have a period of 20 days after such service to file with the Commission a response to the allegations of the complaint. Any allegation which is not denied is deemed admitted. The Commission shall set the matter for public hearing at its next regular meeting after the response is filed or the time for filing the response has elapsed without a response being filed. At the hearing, the Commission shall determine whether the complaint has been proven by a preponderance of the evidence, and, if so, the Commission shall recommend the revocation of the special use permit. The property owner shall have the right to cross-examine witnesses and present evidence at the hearing.
(3) If the Commission recommends the revocation of the special use permit, the City Council shall approve or reject such recommendation at a regular meeting occurring within 30 days of the decision of the Commission.
(4) In the event the City Council approves the revocation of the special use permit, the permit shall be revoked and the use of the premises that had been permitted under the special use permit shall cease.
(Ord. 8612, passed 12-2-08)