(A) Purpose. This chapter provides procedures for securing modification or revocation of previously approved permits or approvals.
(B) Process. Modification, revocation, or termination shall take place in the same manner in which the permit or application was originally approved, and by the same body which made the approval. If a public hearing was required for the original approval, a public hearing shall be required to consider modification, revocation, or termination.
(C) Modifications.
(1) The County’s action to modify a permit or approval, instead of revocation, may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, noise, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit or approval is operated in a manner consistent with the original findings for approval.
(2) The County shall provide a notice of intention to modify to the owner(s) of the property and any current occupants of the property not less than 30 days before the public hearing at which the Review Authority is scheduled to consider the modification.
(D) Revocations or termination.
(1) The County’s action to revoke or terminate a permit or approval, instead of modifying it, shall have the effect of terminating the permit or approval and denying the privileges granted by the original permit or approval.
(2) The County shall provide a notice of intention to revoke to the owner(s) of the property and any current occupants of the property not less than 30 days before the public hearing at which the Review Authority is scheduled to consider the revocation.
(a) Hearings required. The Review Authority that approved the original permit or approval shall hold a public hearing to modify or revoke a permit or approval granted in compliance with the provisions of this title. The hearing shall be conducted in compliance with public hearings in § 25.01.007 unless otherwise specified in this section.
(b) Notice. Permit modification and revocation shall be subject to review and approval or denial at a noticed public hearing in compliance with the public hearings section in § 25.01.007.
(c) Appeal. A decision on a permit modification or revocation shall be subject to the appeals section in § 25.01.008.
(E) Required findings. Any permit or approval, issued in compliance with this title, may be modified or revoked by the Review Authority that originally granted the permit or approval by the same procedure under which the permit was issued for any of the following causes:
(1) Compliance with any term or condition of the permit or approval has not been achieved;
(2) The property or portion thereof subject to the permit or approval is used or maintained in violation of any statute, ordinance, law, or regulation;
(3) The use for which the permit or approval was granted has been determined to be detrimental to the public health, safety or welfare and is a nuisance; or
(4) Changes in technology or in the type or amount of development in the vicinity of the use, or other good cause, warrants modification of the conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses or other property within the general area in which the use is located.
(Ord. 1043 § 3 (part), 2022)