§ 156.120 REVOCATION OF SPECIAL EXCEPTIONS.

   (A)   Special exceptions may be revoked or modified by the Board of Zoning Appeals after a public hearing for any one or more of the following reasons:

      (1)   The approval was obtained by fraud or misrepresentation of the facts; and/or

      (2)   The special exception is being exercised contrary to the terms or conditions of approval or in violation of any statute, ordinance, law or regulation.

   (B)   Procedure for revocation of a special exception shall be as follows.

      (1)   Upon determination by the Zoning Administrator that possible grounds for revocation of a special exception exists, the matter shall be placed on the Board of Zoning Appeals’ agenda for a public hearing.

      (2)   The original applicant to whom the special exception was granted or his or her successor shall be notified by certified mail of the reasons for the possible revocation at least 30 days prior to the public hearing.

      (3)   Notice of the hearing shall also be given as stated in §§ 156.135 through 156.138 of this chapter.

(2004 Code, § 4-405)