(A) The city may revoke any TAP issued pursuant to this subchapter after a hearing as provided hereinafter, if the Zoning Commission finds that any permit holder has violated any provision of this subchapter, or the conditions, restrictions or additional development standards of an approved special use; or has failed to make, in reasonable good faith, efforts to provide or seek co-location, the Zoning Commission shall notify the permit holder in writing that the TAP is revocable due to the permit holder’s noncompliance with the conditions of the permit. The Zoning Commission shall convene a meeting with the permit holder no later than 30 days from the date of the letter. The Zoning Commission may require the permit holder to correct the violation within a reasonable amount of time or may recommend to the Zoning Board of Appeals that the TAP be revoked.
(B) The Zoning Administrator shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of the deficiencies shall not exceed 60 days. The permit holder shall provide the Zoning Administrator with evidence that the corrective action has been taken. Should the permit holder fail to correct the deficiencies in the time required, the Zoning Administrator shall request that the City Council convene a public hearing to consider revocation of the TAP. The hearing shall be conducted pursuant to notice by publication in a newspaper of general circulation in the city not less than 15 days prior to the hearing. The permit holder may be represented by an attorney and may cross-examine opposing witnesses. Other interested persons may comment. The Zoning Board of Appeals may impose reasonable restrictions with respect to time and procedure of the hearing. The proceedings shall be recorded. After the appropriate public hearing, the Zoning Board of Appeals may revoke the TAP upon receipt of evidence, which proves by a preponderance of the evidence that the permit holder has violated or is in noncompliance with the provisions of this subchapter. Upon such determination, the Zoning Board of Appeals may revoke the permit upon such terms and conditions as it sees as reasonable.
(Ord. O-2014-06, passed 8-11-14)