SEC. 16-548. REVIEW AND HEARING PROCEDURES; QUORUM.

   (A)   A review of an appeal from a decision of the commission may be heard de novo.

   (B)   On hearing the review or appeal, the city council shall primarily consider the issues raised by the grounds specified in the notice of review or appeal, but shall not be restricted thereto.

   (C)   The city council may promulgate additional rules of procedure for review or appeal hearings.

   (D)   Rules governing evidence and procedure relating to review and appeal hearings shall be liberally construed to effect enlightened consideration and determination by the city council.

   (E)   Three council members constitute a quorum for holding a review or appeal hearing.

(`64 Code, Sec. 34-155.3) (Ord. No. 917, 1446, 2367, 2445)

SEC. 16-549. DECISION OF COUNCIL GENERALLY; REFERRAL BACK TO COMMISSION; NO WITHDRAWAL BEFORE HEARING.

   (A)   Prior to deciding a review or appeal, the city council may refer a matter back to the commission for information, further report or study.

   (B)   A matter subject to review or appeal shall not be withdrawn or dismissed before a public hearing is had thereon.

   (C)   Within 14 days following the conclusion of the public hearing, the city council shall adopt a resolution by a majority of the members of the city council who were present at the public hearing; provided, however, that if the city council refers the matter back to the commission, the city council shall adopt a resolution of decision within 14 days following the conclusion of a public hearing held by the city council to consider the commission’s report.

   (D)   A resolution of the city council deciding a review or appeal may affirm, reverse, modify, limit or condition the action of the commission.

   (E)   A resolution of the city council deciding a review or appeal shall state the findings on which the decision is based and shall state with particularity any limitations or conditions imposed; provided, however, that a resolution of the city council referring the matter back to the commission need not state any findings, limitations or conditions.

   (F)   If the city council does not adopt a resolution within the time prescribed, or if there is a tie vote of the members of the city council present at the public hearing, the action of the commission shall be reinstated and given effect, and no further action thereon shall be taken by the city council.

(`64 Code, Sec. 34-156) (Ord. No. 917, 1446, 2367, 2445, 2482)

SEC. 16-550. NOTICE.

   Not later than ten days following the day on which the decision of the council is rendered, the clerk shall mail a copy of the resolution to the appellant, the applicant and the commission.

(`64 Code, Sec. 34-156.1) (Ord. No. 917, 2367, 2445)

SEC. 16-551. FINALITY.

   After rendition, such decision shall become final and conclusive and cannot thereafter be reconsidered or modified or vacated except as herein provided.

(`64 Code, Sec. 34-156.2) (Ord. No. 917)

SEC. 16-552. REVOCATION.

   (A)   Any special use permit heretofore or hereafter granted may be revoked by the commission, after a public hearing has been held with notice given as provided in section 16-537, for any of the following reasons:

      (1)   Where any permit or condition of the special use permit has not been complied with;

      (2)   Where the property subject to the special use permit or any portion thereof is used or maintained in violation of any statute, ordinance, law or regulation;

      (3)   Where the use for which the special use permit was granted has not been exercised for at least 12 consecutive months or has ceased to exist or has been abandoned;

      (4)   Where the use for which the special use permit was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance;

      (5)   Where the applicant made a false or erroneous statement in a material matter either in the application for the special use permit or in testimony before the commission or the city council upon appeal.

   (B)   After revocation of a special use permit, the property affected thereby shall be subject to the regulations of the applicable zone classification.

   (C)   A decision of the commission or city council not to revoke a special use permit whenever cause therefor exists or occurs does not constitute a waiver of such right with respect to any subsequent cause for revocation.

(`64 Code, Sec. 34-157) (Ord. No. 917, 1046, 1087, 2367, 2445)

SEC. 16-553. EXPIRATION DATE AND EXTENSION.

   (A)   A special use permit shall expire 36 months from the date of issuance if the use, building, structure, or other improvements for which the permit has been issued has not been established or commenced in compliance with the issued permit or unless a time extension is approved. If the approved application is not used within the time limit, the approval becomes null and void.

   (B)   Notwithstanding subsection (A), above, where an application, including required fees, requesting an extension is timely filed prior to such expiration date, the Director may approve a one-time extension of the time limit in subsection (A), above, for a period of not to exceed one year. In considering a time extension, the review authority must make the following findings:

      (1)   The granting of the extension must be based upon a finding of good cause.

      (2)   All original findings for approval can still be made.

(Ord. No. 3039)

DIVISION 4. MODIFICATIONS TO SPECIAL USE PERMITS