(A) If at any time a special use fails to comply with the terms of a special use permit, including compliance with any stipulations or conditions established at the time the special use permit is issued, the special use shall be promptly restored to compliance or, if not restored, may be terminated as hereinafter provided.
(B) In the event any special use is determined to be in violation of the terms and conditions of an existing special use permit, the Zoning Administrator shall notify the permit holder and the property owner in writing specifying the nature of the violation and shall allow the permit holder and property owner a 14 day period in which to abate the violation and restore the use as permitted. The Zoning Administrator may extend the period for abatement for a reasonable period of time in the event abatement is commenced within the 14 day period but cannot reasonably be completed within the 14 day period. The abatement shall be promptly completed and the permit holder and property owner shall notify the zoning administrator when all action has been completed to abate the violation.
(C) If the violation has not been abated within the 14 day period after notice, or within such additional time as may be allowed by the Zoning Administrator, the Zoning Administrator shall arrange for a public hearing before the Zoning Board of Appeals to determine whether the special use permit should be terminated or modified. The Zoning Administrator shall give the permit holder and property owner not less than ten days notice of the date, time and place of the public hearing and the permit holder and property owner shall be allowed an opportunity at the hearing to show cause why the special use permit should not be terminated. In determining whether a special use permit should be terminated or modified, the Zoning Board of Appeals shall consider whether the special use violates the terms and conditions of the existing special use permit and may also consider the factors set forth in § 154.040.
(d) Within 30 days after the public hearing, the Zoning Board of Appeals shall issue a decision on whether the special use permit shall be terminated or modified. In the event a special use permit is terminated, the permit holder and property owner shall immediately terminate any use which is not permissible not authorized in compliance with city zoning ordinances. In the event of a termination of the special use permit, the permit holder and property owner may not reapply for a special use permit for the same property within 180 days of the permit termination. If a special permit use is modified after hearing, the permit holder and property owner shall immediately comply with the permit as modified.
(Ord. O-2017-13, passed 5-22-17)