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(b) Expiration of Approval. Approval of a conditional use permit by the Planning Commission shall expire 12 months from the date of approval unless construction has commenced. A single extension of the conditional use permit, not to exceed six months, may be granted by the Planning Commission after written request by the applicant.
(c) No application for a conditional use permit which has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Planning Commission.
(1) If the Building and Zoning Inspector finds that any provision of this chapter relating to a conditional use permit is being violated or that any condition, safeguard, or requirement of a conditional use permit is being violated or breached, the Building and Zoning Inspector shall send a written notice by certified mail to the owner of the property, indicating the nature of the violation and ordering the action necessary to correct it.
(2) The notice shall state what action the Building and Zoning Inspector intends to take if the violation is not corrected and shall advise that the Building and Zoning Inspector's decision or order may be appealed to the Planning Commission within ten days of receipt of the notice.
(3) If no appeal is filed, the Building and Zoning Inspector shall take necessary and appropriate action required to resolve the violation. If an appeal is filed, all action shall be stayed unless the Building and Zoning Inspector prepares a statement, as approved by the Law Director, certifying that the situation poses imminent peril to the public health, safety and welfare and that immediate action is warranted.
(4) If an appeal is filed, the Planning Commission shall set a date for hearing. At least ten days prior to the hearing, written notice shall be issued to the property owner.
(5) The Planning Commission shall conduct the hearing at the date and time established, shall consider the appeal and the record and shall determine the action to be taken. The Planning Commission may take any of the following actions:
A. Amend the terms of the conditional use permit.
B. Revoke the conditional use permit.
C. Order the Building and Zoning Inspector to take action necessary to correct the violation.
(6) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the Building and Zoning Inspector may seek enforcement without prior written notice.
(e) Transfer of Conditional Use Permit to New Owner. A conditional use permit shall expire when ownership of the lot is transferred to a new owner. A conditional use permit may be transferred to a new owner of the lot for which the original permit was granted provided that the new owner shall submit a written request for transfer of the permit. The request shall include a statement ensuring compliance with all conditions of the original permit. The Building and Zoning Inspector shall inspect the premises for conformance with the original permit, shall review the record regarding the permit, and shall make a recommendation to the Planning Commission. The Planning Commission shall determine whether the original permit shall be transferred to the new owner or if it shall expire.
(Ord. 52-2002. Passed 9-23-02.)