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The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits and Extensions), shall apply following the approval of a temporary use permit:
A. Appeals. The decision of the director shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved temporary use permit shall expire two years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the temporary use permit.
If the use granted by the temporary use permit has not been exercised before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved temporary use permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved temporary use permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved temporary use permit.
1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a temporary use permit-holder, the director may issue an order suspending the temporary use permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit-holder by first-class U.S. mail and by posting the subject property.
2. Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made, the director shall schedule a public hearing to consider the revocation of a temporary use permit to be held by the commission within thirty (30) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit-holder, any party complaining of the violation, and to all adjoining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the temporary use permit, in compliance with Chapter 16.70, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
(Ord. 182 § 2 (part), 1997)