(A) Final development plan; effective date of permit. Unless otherwise specified in the terms of the special use permit, such permit shall be effective to authorize the use granted therein only upon approval of a final development plan and recording thereof as provided for final development plans, elsewhere in this chapter. [See § 158.054(E)]
(B) Transferability.
(1) A special use permit may be conveyed with the land only if a right to continue the use has vested under the terms of this subchapter. The transfer of a permit in which no right has vested shall be invalid. Nothing in this subchapter shall be construed to alter the expiration date of permits or the authority of the City Council to revoke a permit.
(2) A permit cannot be assigned or transferred to a different parcel of land.
(3) Every entity attempting to convey a special use permit shall give notice in writing to the Director within 72 hours after having sold, transferred, given away or otherwise disposed of an interest in or control of a parcel of land for which a special use permit has been issued. Such notice shall include the name and address of the successor in interest or control of the parcel. Receipt of such notice shall not constitute acceptance of an invalid transfer.
(C) Lapse. A special use permit in which no vested right has been established, shall lapse and become void unless the applicant applies for any building permit incident to the proposed use within one year of the date of approval by the City Council. Upon the written request of the property owner and for good cause shown, the City Council may grant one extension of not more than one year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.
(D) Expiration of permit. The approved special use permit may specify the duration of its validity and shall expire, unless renewed by approval of a new special use permit as provided herein. A special use permit shall also expire if no final site plan has been submitted and approved within 12 months from the date of the special use permit approval. The City Council may grant one site plan extension not exceeding 12 months upon written request. The approval of a revised preliminary site plan shall not automatically extend the time period during which the preliminary site plan and/or special use permit is valid. An expired special use permit shall grant no authority of any kind upon such expiration and no use shall be permitted to continue thereafter in reliance on such permit authority.
(E) Revocation. Any special use permit granted under the authority of this section is subject to revocation for any or all of the following reasons:
(1) Non-compliance with any applicable requirement as set forth in this subchapter;
(2) Non-compliance with any special conditions imposed at the time of approval or renewal of the special use permit;
(3) Violation of any provisions of the code of ordinances pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permit holder, agents of the permit holder or tenants;
(4) Violation of any other applicable provisions of the code of ordinances or any state or federal law or regulation by the permit holder, agents of the permit holder or tenants; provided that, such violations relate to the conduct or activity authorized by the special use permit or the qualifications of such persons to engage in the permitted use;
(5) Attempted transfer of a permit in violation of this subchapter; and
(6) Revocation is necessary to preserve the public health, safety and welfare.
(F) Procedure for revocation.
(1) Revocation proceedings may be initiated by the City Council.
(2) Unless the permit holder and the landowner agree in writing that the permit may be revoked, the City Council shall hold a public hearing to consider the revocation of the special use permit.
(3) The city shall give the permit holder and landowner notice of the scheduled revocation hearing at least 15 days prior to the date scheduled for such hearing by certified mail, return receipt requested. If such notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the city or by posting a notice of hearing on the property at least 15 days prior to the date scheduled for the hearing.
(4) The public hearing shall be conducted in accordance with rules of procedure established by the City Council. At the conclusion of the public hearing, the City Council may render its decision or take the matter under advisement.
(5) No special use permit shall be revoked unless a majority of the City Council is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a special use permit shall clearly state the grounds for revocation.
(Ord. 3382, passed 11-7-2005)