(a) Purpose. Discretionary permits or approvals issued in compliance with this Development Code may be revoked or modified in compliance with this Section.
(b) Procedures. This Section provides procedures for securing revocation or punitive modification of previously approved permits or approvals.
(c) Revocations. The County’s action to revoke a permit or approval shall have the effect of terminating the permit and denying the privileges granted by the original approval.
(d) Modifications. County modification of a permit or approval instead of revocation may include any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, 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 is operated in a manner consistent with the original findings for approval.
(e) Hearings and Notice.
(1) The appropriate review authority shall hold a public hearing to revoke or modify a permit or approval granted in compliance with the provisions of this Development Code.
(2) At least ten days before the public hearing, notice shall be “delivered” in writing to the applicant for the permit or approval being considered for revocation, and/or owner of the property for which the permit was granted. The only exception to the ten-day notice provision shall be for Temporary Use Permits which, because of their short term nature, shall only require a 24-hour notice.
(3) Notice shall be deemed “delivered” two days after being mailed, certified and first class, through the United States Postal Service, postage paid, to the owner as shown on the County’s current equalized assessment roll and to the project applicant, if not the owner of the subject property.
(f) Action by Reviewing Authority.
(1) Permits. A Conditional Use Permit, Minor Use Permit, or other County planning permit or approval (except a Variance, see Subdivision (f)(2), below) may be revoked or modified by the reviewing authority (e.g., Director, Commission, or Board) that originally approved the permit, if the reviewing authority first makes any one of the following findings:
(A) Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the revocation or modification;
(B) The permit or other approval was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval;
(C) One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated;
(D) The approved use or structure has ceased to exist or has been suspended for at least 12 months;
(E) An improvement authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation, or statute; or
(F) The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
(2) Variances. A Major or Minor Variance may be revoked or modified by the review authority which originally approved the Major or Minor Variance, if the review authority first makes any one of the following findings, in addition to any one of the findings in Subdivision (f)(1), above:
(A) Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Major or Minor Variance; or
(B) One or more of the conditions of the Major or Minor Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Major of Minor Variance.
(g) Amortization. If a revocation is ordered, the Commission may provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on an application to the applicable review authority by any affected person.
(h) Action Is Appealable. The revocation or modification of a permit or Variance is appealable in compliance with Chapter 86.08 (Appeals).
(i) Enforcement. The County department or agency that issues the permit shall have the primary responsibility for enforcing compliance with the permit.
(Ord. 4043, passed - -2008)