(A) If the Board grants a special use or variance, it shall direct the applicant to apply for an improvement location permit pursuant to the Building Code. If such application complies with all established requirements and this chapter, an improvement location permit for the execution of the approved variance or special use shall be issued.
(B) A special use or variance ceases to be authorized and is terminated if an improvement location permit for the execution of the approval has not been obtained within one year of the date the variance or special use is granted. The variance or special use shall also be terminated if the approved construction has not been completed and approved by the Planning Director as being consistent with all written commitments or conditions, the requirements of this chapter, and all applicable permits within two years of the date the special use or variance is granted.
(C) A variance or special use may be terminated by the Board of Zoning Appeals under the following procedure:
(1) Upon determination by the Planning Director that possible grounds for termination exist, the matter shall be placed on the Board of Zoning Appeals agenda for a public hearing.
(2) At the public hearing the variance or special use shall be terminated if a finding is made by the Board that one or more of the following is true:
(a) The execution of the approval is not consistent with any requirement of this chapter;
(b) The execution of the approval is not consistent with any condition of approval;
(c) The execution of the approval is not consistent with any written commitment; or
(d) The approved was the result of fraud or the misrepresentation of facts.
(3) No special use or variance may be reviewed by the Board of Zoning Appeals for the same cause more than once in any one- year period.
(Ord. 2013-02, passed 3-11-13)