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 variance application:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved variance have been satisfied.
C. Changes. Minor changes to required conditions of an approved variance may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
D. 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 variance.
E. Suspension/Revocation.
1. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operation by a variance holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a variance permit to be held by the commission 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.
2. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the variance, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the variance. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)