The following procedures shall be employed when acting upon reviews of conditional use permits.
(A) Basis for review. Noncompliance with any of the terms, conditions, or requirements placed on a conditional use permit by the county is sufficient cause to subject such permit to review by the county’s Planning Commission.
(B) Procedure. If the Planning Director is reasonably satisfied there exists any noncompliance with the terms, conditions, or requirements of a conditional use permit, the Director shall give written notice of such noncompliance to the person, firm, corporation, or entity to which the permit was granted. Additionally, the Director shall advise the Planning Commission of such noncompliance at its next regularly scheduled meeting. Upon such advisement, the Planning Commission shall set a time for review of the permit at a subsequent regularly scheduled meeting. Such review will be open to the public.
(C) Notice of review hearing. At least ten days prior to the hearing, the following shall occur.
(1) The Planning Director shall give written notice of the review hearing to the person or entity for whom the permit was authorized.
(2) Notice of the hearing shall be published at least once by the Planning Director in a legal newspaper of the county.
(3) The Planning Director shall be responsible for posting at least one sign on the property in such a manner so as to be clearly visible from the street, road, or other public right-of-way from which entrance or access to the property is gained.
(D) Hearing. In the event the Planning Commission determines by substantial evidence that such compliance has not been established, it may do any of the following:
(1) Revoke said permit;
(2) Amend said permit;
(3) Postpone action for a period of time it deems appropriate to allow the permit holder to comply with all terms, conditions, and requirements of the permit in question; and
(4) Require any other such action it deems appropriate and in accordance with the provisions of this section.
(E) Effect of revocation. Any person, firm, corporation, or entity to which a conditional use permit has been granted and subsequently revoked by the Planning Commission or Board of County Commissioners may not apply for a conditional use permit pursuant to § 154.376 for a period of six months.
(F) Appeal. Appeals from decisions made by the Planning Commission pursuant to this section shall commence and proceed in accordance with § 154.380.
(Ord. 0904-05, passed 5-20-2009)