(A) In addition to the other powers granted to the Board of Zoning Appeals (“BZA”), the BZA is hereby expressly granted the authority to revoke any variance, conditional use or special exception previously issued.
(B) The BZA may revoke a variance, conditional use or special exception whenever 1 or more of the following exist:
(1) The BZA determines that the variance, conditional use or special exception was obtained by the applicant by fraudulent or misleading statements;
(2) That there has not been compliance with 1 or more requirement contained in the variance, conditional use or special exception;
(3) That circumstances have materially changed since a variance, conditional use or special exception was granted so that, if the sanction is not imposed, public health, safety or welfare will be adversely affected.
(C) In order to revoke previously conditional uses, special exceptions, and variances, the Board shall hold a public hearing on each appeal to revoke. Prior to the initiation of revocation proceedings, the Zoning Administrator shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The permit holder shall provide the city with evidence that the required corrective action has taken place. At least 10 days prior to the date set for such hearing, public notice of the time, date and place thereof shall be given by publication in a newspaper of general circulation in the city, and in addition, written notice of hearing shall be given to all interested parties.
(D) The revocation hearing shall be held in accordance with the rules of procedure of the Board of Zoning Appeals.
(1979 Code, § 151.238.5) (Ord. 4431, passed 7-12-1999; Am. Ord. 4457, passed 12-6-1999)