A. Expiration of Permit. A conditional use permit shall be valid for so long as the conditions approved by City Council are observed. A conditional use permit shall expire where the construction of a building or related site improvements are not started within one (1) year following the date of approval or where the normal operation of the use has been discontinued for 12 or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter.
B. Revocation of Permit. Upon determination by the Planning and Development Director that there are reasonable grounds for revocation of a conditional use permit, a hearing shall be set before City Council.
1. Notice and Hearing. Notice shall be given by the Clerk of Council in the same manner required for a public meeting to consider approval as specified in Chapter 149 of the Codified Ordinances. At the public hearing, City Council shall hear testimony of City staff and the owner of the use or structure for which the permit was granted, or the owner's representative. At a public hearing, the testimony of any other interested person shall also be heard.
2. Required Findings. City Council shall revoke the permit upon making one (1) or more of the following findings:
a. The permit was issued on the basis of erroneous or misleading information or misrepresentation;
b. The terms or conditions of approval of the permit have been violated or that other laws or provisions have been violated; or
c. There has been a discontinuance of the activity granted by the conditional use permit for 12 consecutive months.
3. Decision and Notice. Within ten (10) days of the conclusion of the hearing, the Clerk of Council shall mail notice of the decision to the owner of the use or structure for which the permit was issued and to any other person who has filed a written request for such notice.
4. Effective Date. A decision to revoke a conditional use permit shall become final ten (10) days after the date of the decision.
(Ord. 2017-32. Passed 5-2-17.)